New Home Warranty Program of Manitoba

Privacy Policy

What We Are About

The New Home Warranty Program of Manitoba (“the Program”) is a not-for-profit corporation which was incorporated under the laws of Manitoba on December 29, 1975. The mission of the Program is “to provide warranty protection for new home buyers and to support the building industry in its goal to achieve excellence in building standards”.

Why We Have A Privacy Policy

The Program believes in developing relationships with the people who purchase homes (“Homeowners”) and the people who build them (“Builders”). These relationships are built on trust and respect and we believe that is the way business should be operated. Establishing trust and respect is done by telling you what information we will require from you, how this information will be handled, and how this information will be kept safe. We know that your personal information is a valued asset and we want you to know that we will treat it carefully.

The Program’s Privacy Commitment

The Program’s Privacy Policy incorporates provisions of Part 1 of The Federal Personal Information Protection and Electronic Documents Act (“PIPEDA”) along with the ten principals of the Canadian Standards Association Model Code for the protection of personal information that forms the basis of Schedule “1” to PIPEDA.

Accountability

The Program is responsible for personal information under its control and shall designate one or more persons who are accountable for compliance with PIPEDA.

Responsibility for ensuring compliance with the Program’s Privacy Policy lies with the Program’s privacy officer (“Privacy Officer”). The Privacy Officer shall implement policies and procedures to give effect to the Privacy Policy, including:

implementing procedures to protect personal information and to oversee matters and ensure they are in compliance with the Privacy Policy;
establishing procedures to receive and respond to inquiries or complaints;
training and communicating to staff about the Program’s policies and practices; and
developing public information to explain the Program’s policies and practices.

The Program’s Privacy Officer will be happy to respond to inquiries about the Privacy Policy or respond to the needs of a particular individual whose personal information is in our possession. The Officer will also, upon request, supply the individual with a copy of such personal information.

Our Privacy Officer can be contacted by one of the following methods:

by telephone: (204) 453-1155
by facsimile: (204) 287-8561
by e-mail: mbnhwp@mbnhwp.com
by mail: 200-675 Pembina Hwy.
Winnipeg, MB
R3M 2L6

Collecting Personal Information

The Program collects personal information in the event that a dispute arises between the Homeowner and the Builder. Your personal information may be used to settle this dispute. “Personal information” means any information about an identifiable individual that may have been provided orally, electronically or in written form. The Program shall not use or disclose an individual’s personal information for purposes other than those for which it was collected, except with the individual’s consent or as required by law. Personal information shall only be retained as long as necessary to fulfill the purpose for which it was collected. The Program will not sell an individual’s personal information to third parties. Personal information collected may include but is not limited to:

Homeowner contact and mailing information such as a name, telephone number and email address;

the purchase or construction agreement for the home including financial information, all plans, specifications, agreements, change orders or any other information related to the purchase and construction of the home;

information about any remedial or other work done to the home;

any information about a request for assistance, claim or dispute between the Homeowner and the Builder with respect to the home including information provided during the course of alternate dispute resolution processes such as the conciliation, mediation and arbitration procedures of the Program or in any legal proceedings;

insurance information;

information from third party contractors and suppliers who provided work or services to the Homeowner or the Builder with respect to the home;

Using Personal Information

As part of our relationship with the Homeowner and the Builder the Program may collect, use and disclose your personal information to:

identify you;

understand your needs;

confirm your application information and assess your entitlement for warranty protection products and services or builder membership in the Program;

provide you with ongoing services, establish and maintain communication and to respond to your inquiries;

investigate and determine your request for assistance or claim and determine your eligibility for warranty protection coverage products and services;

meet legal and regulatory requirements;

create and maintain a responsible business relationship with respect to the Homeowner and the Builder;

maintain an accurate history of the home with respect to the provision of the Program's warranty protection coverage and any work, materials or services provided to the home;

maintain an accurate history of the Builder;

develop, improve, market or provide products and services to you;

understand your needs and preferences;

When Do We Share Personal Information

There are some circumstances where the Program may share some personal information about Homeowners with the Builder, third party contractors and suppliers including legal and engineering consultants. For example:

Your personal information may be shared amongst the Builder, contractors and suppliers as part of the assessment and claim procedures of the warranty protection coverage provided by the Program;

Your personal information may be disclosed to an organization or individual retained by the Program to perform functions on our behalf such as legal or engineering consulting, assessing the condition of the home or providing remedial work for the home. Any such disclosure of personal information from the Program is done on a confidential basis and your information is used only for the purpose for which it was shared;

We may disclose personal information to a government agency, court, mediator, arbitrator or lawyer involved in dealing with any request for assistance or claim a Homeowner or Builder may have with respect to warranty protection coverage provided by the Program or anything in relation to the home and the Builder;

We may disclose personal information to a public authority or agent of a public authority, if in our reasonable judgment, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the personal information;

We may disclose personal information if required to do so by law;

Consent

The knowledge and consent of a customer or employee are required for the collection, use, or disclosure of personal information except where inappropriate. In certain circumstances, personal information can be collected, used or disposed without the knowledge and consent of the individual. For example, the Program may collect or use an individual’s personal information without his or her knowledge or consent if it is clearly in their interest, and consent cannot be obtained in a timely way, such as when the individual is seriously ill or mentally incapacitated.

We may also collect, use, or disclose personal information without an individual’s knowledge or consent if seeking consent might defeat the purpose of collecting the information, such as in the investigation of a breach of an agreement or a contravention of a federal or a provincial law, or where the life, health or security of an individual is threatened.

We may also collect, use, or disclose personal information without an individual’s knowledge or consent to a lawyer representing the Program in the collection of a debt, to comply with a subpoena, warrant or other court order, or as may be required or authorized by law. Generally, the Program shall seek consent to use and disclose personal information at the same time or before it collects the information. However, we may seek consent to use and disclose personal information after it has been collected but before it is used or disclosed for a new purpose.

Accuracy

Personal information shall be accurate, complete and up to date as is necessary for the purposes for which it is to be used. Personal information used by the Program shall be sufficiently accurate, complete and up to date to minimize the possibility that inappropriate information may be used to make a decision about a customer. The Program shall update personal information about customers as and when necessary to fulfill the identified purposes or upon notification by the individual. If an individual has concerns about their information’s accuracy, they may contact the Privacy Officer.

Safeguarding Personal Information

The Program shall protect every individual’s personal information by security safeguards appropriate to the sensitivity of the information. Such personal information shall be protected against loss or theft, as well as unauthorized access, disclosure, copying, use or modification regardless of its format. The Program will protect an individual’s personal information disclosed to third parties by contractual agreements stipulated in the confidentiality of the information and the purposes for which it is being used.

Accessing Personal Information

The Program provides individuals with the opportunity to access their personal information that is held by the Program, subject to exceptions permitted by law. If you require further information, please contact the Program's Privacy Officer at 200 – 675 Pembina Hwy., MB, R3M 2L6, (204) 453-1155, fax number (204) 287-8561 or mbnhwp@mbnhwp.com. A nominal fee may be charged based on the volume of information requested.

Challenging Compliance

The Privacy Officer shall maintain procedures for addressing and responding to all inquiries or complaints from its customers regarding the Program’s handling of personal information. The customer shall be informed of the existence and availability of these complaint procedures. The customers shall be informed of the outcome of any investigation conducted regarding his or her complaint.

Evolving Practices

This Policy is in effect as of January 1, 2004. The Program will, from time to time, review and revise its privacy practices and this Policy. In the event of any amendment, a notice will be posted on our website (http://www.mbnhwp.com) or in the publications produced by the Program. Policy changes will apply to the information collected from the date of posting to the website.