Midhaven Homes recognizes the importance of protecting its purchasers’ rights to privacy. We do not sell our customers names, address or other personal information.
This privacy policy sets out the information gathering and dissemination practices for this website by Midhaven Homes Ltd. By browsing, you are consenting to this privacy policy and the collection, use and disclosure of your personal information by Midhaven as outlined in this privacy policy. This privacy policy (the “Policy”) describes Midhaven’s privacy practices for personal information collected in the course of our dealings with our purchasers (“Personal Information”). The word “purchasers” as used in this Policy means purchasers and potential purchasers of homes of any type from Midhaven and our affiliates, subsidiaries and other related entities (collectively, “Related Entities”).

If this privacy policy is not acceptable to you, please do not submit any of your personal information. We may update this privacy policy from time to time and you are responsible for periodically reviewing the most current version of this privacy policy. Your continued use of the site or submission of information will be deemed your conclusive acceptance of the updated privacy policy. This Statement was last updated on January 1, 2012.

  1. Types of Personal Information We Collect and How We Collect It

    Personal Information is any information that identifies a purchaser, or by which a purchaser’s identity could be deduced. We collect information only by lawful and fair means and not in an unreasonably intrusive way. Wherever possible we collect purchasers’ Personal Information directly from each purchaser on the relevant documentation.
    In order for Midhaven to complete the sale of a home to a purchaser, we require the following Personal Information, which is set out in the Agreement of Purchase and Sale:

    • Name, address, telephone number, fax number and e-mail address;
    • Social Insurance Number and residency status (required for tax reporting purposes);
    • the name of our purchaser’s lawyer and representative (if other than the lawyer);
    • marital status; and
    • the municipal address of the home being purchased, the purchase price and deposit amount, together with each purchaser’s décor selections.

    Purchasers must also provide the following financial information to Midhaven:

    • information respecting their annual income;
    • the name of their bank or other financial institution;
    • the financial institution financing the purchase of the home; and
    • any other financial information needed to determine credit worthiness.

    Midhaven reserves the right to use this information to obtain a consumer report containing credit and other related information from a consumer reporting agency. Midhaven may verify information about purchasers or obtain other information from other sources.

    Consent before disclosing any of our purchasers’ Personal Information, each purchaser will be asked to read and sign a consent which will accompany the Agreement of Purchase and Sale for the home being purchased. The consent describes the purposes for which Personal Information is collected and to whom it may be disclosed. Each purchaser will be given the opportunity to opt out of the disclosure of their Personal Information to third parties for any secondary marketing purposes.

    Use of Personal Information

    Midhaven uses purchasers’ Personal Information for three general reasons:

    First, we use Personal Information to complete transactions with our purchasers and to provide purchasers with our products and services.

    Second, we may use Personal Information to send purchasers additional information about our products or information about other products and services in which purchasers might be interested, unless a purchaser opts out of such communications.

    Third, we may use Personal Information in aggregate form, to help us evaluate and modify existing services and to help us develop additional services that are likely to be of interest to our purchasers.

  2. Disclosure of Personal Information

    1. Disclosure of Personal Information

      Midhaven takes its privacy responsibilities seriously. Accordingly, Midhaven shares purchasers’ Personal Information only in the following limited circumstances.

    2. Disclosure to Legal Authorities

      Midhaven may disclose Personal Information when required by law or legal process to do so, when necessary to protect and defend the rights or property of Midhaven or when necessary to protect the personal safety of our purchasers, employees or others.

    3. Disclosure in Aggregated Form

      From time to time, Midhaven may share aggregate information about our purchasers that is not Personal Information, with third parties, including government agencies and advertisers.

      a) Midhaven Homes collects and uses Non-Identifiable Information to assess the effectiveness of web site content and traffic. This allows Midhaven Homes to improve the quality of visits to web sites managed by it my streamlining visitors' ability to navigate these sites and developing featured programs and content that will be interest to visitors. Aggregate non-identifiable information is used to perform statistical analyses of the collective characteristics and behavior of individuals, and to measure demographics and interests.

      b) Midhaven Homes also uses aggregate non-identifiable information it collects to inform its current and prospective sponsors and advertisers about the number of visits to its web sites, the demographic characteristics of these visitors and the number of times visitors have viewed and "clicked" on their advertisement(s). Midhaven Homes also discloses to advertisers the overall demographics available regarding visitors who "clicked" on their advertisement. Aggregate non-identifiable information may be used to describe Midhaven Homes services and products to third parties such as prospective business partners and financial institutions. In any of these circumstances, only non-identifiable information in an aggregate form and not personal information is disclosed.

    4. Disclosure for the Purpose of Completing the Transaction

      Personal Information

      We may disclose purchasers’ names, home addresses, e-mail addresses, fax and telephone numbers, dates of birth and marital status (as well as the municipal address of the home being purchased and the sale price thereof) to:

      • the municipality and if applicable, regional municipality in which the home will be located;
      • any relevant provincial government authorities or agencies, including
      • the Ontario New Home Warranty Program (Tarion),
      • the Land Titles Office in which title to the home will be registered, and
      • the Ministry of Finance for the Province of Ontario;
      • any relevant federal government authorities or agencies, including Canada Customs & Revenue Agency (including with respect to HST matters and other tax reporting purposes);
      • our lawyers, to facilitate the closing of this transaction, who may disclose such information to internet service providers in connection with the distribution and execution of closing documents, as well as to Teranet, where the transfer of title to the home occurs through the Teraview Electronic Registration System;
      • any insurance companies (including title insurance companies), insurance trustee, insurance coverage advice or financial management advice with respect to any part of the development;
      • any trades people, suppliers, or contractors working on the development so that they may complete the home in accordance with your décor specifications, install any upgrades or extras requested by you and for after sales service purposes;
      • providers of cable television, telephone, Internet, security alarm and utility service systems together with providers of related services and systems.
    5. Banking and other Financial Information

      In addition to the information collected in Section 1, we collect banking and other financial information (e.g. net worth and annual income) and may disclose this information (a) to credit bureaus for the purpose of evaluating purchasers’ credit worthiness, and (b) to any financial institution which is providing financial services in connection with the development.

    6. Residency Status, Family Relationship and SIN

      In addition to marital status information collected in Section 1, we also collect information relating to purchasers’ residency status and Social Insurance Numbers for the purposes of submitting to Canada Customs & Revenue Agency a T-5 interest income tax information return and/or the non-resident withholding tax information return and for reporting in regard to GST.

  3. Disclosure for Secondary Marketing Purposes

    With the consent of each purchaser, we also share such purchaser’s Personal Information with our business partners and agents, so that they may provide information to purchasers’ regarding financing and insurance services and may also bring new residential communities to the attention of our purchasers.

  4. Updating Personal Information

    Since we use Personal Information to provide our services to our purchasers, it is important that the information be accurate and up-to-date. If a purchaser becomes aware of any changes to their Personal Information, please contact our office at the address noted below in order to provide the updated Personal Information to us.

  5. How Do We Protect Personal Information

    Midhaven has implemented appropriate safeguards and security measures to protect all Personal Information collected from loss, theft, unauthorized access, disclosure, copying, use or modification. Security measures adopted by Midhaven include limiting the number of individuals with access to the Personal Information collected. All Related Entities, suppliers, agents, employees or parties performing services on our behalf who handle the Personal Information are bound to maintain its confidentiality and may not use the information for any unauthorized purpose. It should however be recognized, that information submitted over the Internet may be intercepted and used by third parties.

  6. Third Party Links

    Internet sites operated by Midhaven may contain links to other Internet sites. Midhaven makes no representations regarding, and cannot be responsible for, the privacy policies of the operators of such sites. Purchasers are encouraged to themselves review the policies of such Internet site operators and to consider the adequacy of same before using such sites.

  7. Complaints

    If you have any comments, questions or complaints with respect to our Policy or our handling of your Personal Information, please contact our office:
    Midhaven Homes
    Po Box 395
    Oshawa, ON
    L1H 7L5