Privacy Notice

Effective December 1, 2024.

INTRODUCTION

Your personal privacy is of the utmost importance to ThunderBayHouses.com and our parent company Walther Enterprises, and we are committed to respecting, preserving and protecting your privacy to the fullest and strictest possible extent. If at any time you feel your privacy is not being, fully and properly, respected, preserved and protected, please contact us immediately at info@ThunderBayHouses.com so that we may, in a timely manner, appropriately address any concern.

This is the Privacy Notice (the “Notice“) for www.ThunderBayHouses.com (the “Website.”) The Website is operated by Walther Enterprises and provides information on properties that are listed for sale in the province of Ontario, as well as real estate news and other services.

This Notice describes any personal information that we may collect from or about you on or through the Website and the mobile version of the Website (collectively, the “Services.”) This Notice also describes how we may collect your personal information, how we may use it, with whom we may share it, and the choices you have regarding our collection, use and disclosure of your personal information.

By accessing or using the Services, you signify your acceptance of this Notice and agree to be bound by its terms. If you do not agree to the terms of this Notice, please do not use the Services. You can withdraw your consent at any time to our collection, use and disclosure of your personal information, subject to legal and contractual obligations and reasonable notice to us. If you choose to withdraw your consent, we may not be able to provide you with certain of the services and communications that are available through the Services.

This Notice forms part of our Terms Of Use (the “Terms”) and is incorporated into the Terms by reference. Please note that any capitalized terms not otherwise defined in this Notice have the meaning ascribed to them in the Terms. The Terms can be found here.

NOTICE IS EFFECTIVE FOR CANADA

We are subject to the Personal Information Protection And Electronic Documents Act (Canada) and applicable Canadian provincial privacy legislation. Privacy laws vary by jurisdiction. You acknowledge and agree that access to the Services, and the services and communications that are available through the Services, are provided via the Internet and that your information, including your personal information, may be transferred across national borders and stored or processed in accordance with the terms and conditions of this Notice.

This Notice has a limited scope and application as the properties listed for sale on the Services are limited to properties in Ontario. Consequently, the rights and obligations contained in this Notice may not be consistent with privacy requirements for all jurisdictions. If you are visiting our Services and are not a resident of or located in Canada, you should note that by providing your personal information to us, you are:

• permitting the collection, use, disclosure, transfer and other processing of your personal information in Canada which may not have the same personal information protection laws as the jurisdiction in which you reside
• permitting the use of your personal information in accordance with this Notice and the laws of Canada

COLLECTION OF PERSONAL INFORMATION

ThunderBayHouses.com and Walther Enterprises do not collect any personal information through your general use of our Services, that is when you browse and view our www.ThunderBayHouses.com Website and the mobile version of our Website. ThunderBayHouses.com and Walther Enterprises only collects information from you if:

• you contact us by phone, by E-mail, through social media, or by another means, and provide us with information
• you purchase, or register with, our advertising and marketing service in order to list a property for sale, and thus provide personal information to include, but not limited to, your name, phone number, E-mail address, address and postal code of the property being listed, and other specific details of the property being listed

Personal information that is collected is not shared with any other entity (person or business). General information, such as the address of a property being listed, its specific details, as well as the contact phone number of a seller, are shared only through the Services in order to fulfil the advertising and marketing service that has been purchased, or registered with, to list a property for sale.

COLLECTION OF OTHER INFORMATION

In addition to the personal information that you may provide to us as described above, we and our third-party service providers may automatically collect certain device and statistical information to make the Services work better for you and to improve the Services. For example, we may collect the IP address, network connection, the device domain used to access the Services, the operating system on your device, your device settings, the type and version of your browser, crash data, other unique device identifiers, the mobile application or website you came from to access the Services, the page you entered and exited at, any searches, pages or advertising within the Services that is viewed by that IP address and what country you are from. We use this information to monitor the performance of the Services (such as number of visits, average time spent, page views, age, gender, and location of our users) and for our business purposes such as working to continually upgrade the Services.

LINKED WEBSITES AND RESOURCES

You may visit third-party websites through links that are provided on or through our Services, including the websites operated independently by affiliates and advertisers of ThunderBayHouses.com. The links available on the Services are provided for your convenience only and you assume all risk for clicking these links to other websites and for providing your personal information to any third parties. This Notice does not apply to the privacy practices of any third parties. These third parties may collect, use, and disclose your personal information for purposes beyond those that are outlined in this Notice and we cannot assume any responsibility for the privacy practices, policies or actions of the third parties that operate these websites.

COOKIES

The Services use cookies and other technologies that are similar to cookies. A cookie is a small file of letters and numbers that we (or a third party) may set on your device to store and sometimes track information about you and your use of the Services. Similarly, we, our third-party service providers, or advertisers may use “web beacons,” “pixel tags” or other tracking technologies designed for analytic purposes. Cookies and other technologies allow us to distinguish you from other users of the Services and help to provide you with a personalized experience when you use the Services as well as to improve the Services.

First-party cookies are cookies set by the website you are visiting. Only that website can read them. In addition, a website might potentially use external services, which also set their own cookies, known as third-party cookies. Persistent cookies are cookies saved on your computer and that are not deleted automatically when you quit your browser, unlike a session cookie, which is deleted when you quit your browser. We use the following cookies on the Services:

• strictly necessary cookies that are required for the operation of our website. They include, for example, cookies that enable you to remember information you have typed into an online form
• analytical and performance cookies allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily
• functionality cookies are used to recognize you when you return to the Services. This enables us to remember your preferences
• targeting cookies record your visit to the Services, the pages you have visited and the links you have followed. We will use this information to make the Services more relevant to your interests and to track the effectiveness of our marketing efforts as well as those of third parties, including on and through the Services

We may also use third-party cookies and other tracking technologies from our third-party service providers to monitor and manage your use of the Services. For example, we may use Google Analytics to help analyze the use of the Services and the effectiveness of our advertisements.

You can adjust your privacy preferences regarding the use of cookies and similar technologies through your browser. If you do not want information collected through the use of cookies, you can turn off cookies using your browser’s settings menu; however, this may eliminate our ability to provide a personalized or user-friendly experience.

Please note that disabling cookies may impair your user experience and disable certain features of the Services, such as the features of our Services that use your location to provide you with a better experience.

REASONS FOR COLLECTION OF PERSONAL INFORMATION

We collect information about you that is necessary to provide you with the services and communications available through the Services and which enables us to manage, maintain, and develop our operations. For example, we collect personal information to:

• establish, maintain and manage our relationship with you, including by contacting you, so that we may provide you with any services or communications that you have requested
• enhance and personalize your use of the Services, including by being able to comply with your requests (for example, if you prefer to be contacted by text message instead of by E-mail, or the opposite, we will use this information to contact you by that means)
• understand your preferences and tailor communications and services to you and to send you information about us that you have requested or consented to receive
• manage access to and use of the Services as well as the services and communications that are available on and through the Services
• manage and operate any contests, sweepstakes, or other promotions in which you choose to participate
• conduct analysis, research and evaluations regarding the use of the Services to improve, update, and adapt our Services, communications, operations, marketing efforts as well as the services provided by us, including on and through the Services
• for advertising, promotional, and marketing purposes, including targeting advertising or content
• respond to and resolve inquiries, complaints, problems and disputes that arise in connection with your use of the Services or any of the services available on or through the Services
• enable use to comply with applicable laws or regulatory processes
• any other reasonable purpose about which we may notify you or to which you consent

We may also use personal information for additional purposes related to our business as are described in any additional agreement that you enter into with us.

By consenting to our collection, use, and disclosure of your personal information through the Services you allow us to fulfill the purposes for which we collect your personal information.

THE WAYS WE COMMUNICATE WITH YOU

Generally, ThunderBayHouses.com and Walther Enterprises do not send out commercial electronic messages, such as E-mails or texts, and never any that are unsolicited. ThunderBayHouses.com and Walther Enterprises follow and adhere to the requirements set forth in Canada’s Anti-Spam Legislation (CASL).

ThunderBayHouses.com and Walther Enterprises will only send you a commercial electronic message as a follow-up to an inquiry you previously made with our Services.

Should you purchase, or register with, our marketing and advertising service to list a property for sale, you may receive a confirmation electronic message and, if required, follow-up messages. As well, a one-time electronic message, in the form of an E-mail, may be sent as a receipt for a credit card payment, processed through a third-party company.

HOW WE USE PERSONAL INFORMATION

We may use your personal information:

• as permitted or required by applicable law or regulatory requirements
• for the purposes described in this Notice
• for any additional purposes for which we have obtained your consent to use your personal information.

We may use your personal information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.

TO WHOM DO WE DISCLOSE PERSON INFORMATION

The personal information that we collect on and through the Services may be disclosed with a variety of parties, depending upon the purpose for and context in which that information was provided, as is further described in this Notice.

Since we may share your personal information with third parties, as described in this Notice, your personal information may be collected, used, processed, stored, or disclosed outside your jurisdiction of residence, including in Canada and the United States. As such your personal information may potentially be accessible to law enforcement and national security authorities of another jurisdiction where local laws provide for a different level of protection for personal information. In certain circumstances, courts, law enforcement authorities, or governmental, regulatory or administrative agencies in those other countries may be entitled to access your personal information.

In addition, in the event that we go through a business transition, such as a merger, acquisition, liquidation or sale of all or a portion of our assets, personal information will, in most instances, be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process. If such a transfer occurs, the acquiring company’s use of your personal information will still be subject to this Notice, and any privacy choices you selected in your online profile on the Services, in accordance with applicable laws.

OTHER DISCLOSURES OF PERSONAL INFORMATION

Finally, your personal information may be disclosed:

• as permitted or required by applicable law or regulatory requirements
• to comply with valid legal processes such as search warrants, subpoenas, court orders or other requests from governmental, regulatory or administrative agencies or law enforcement authorities
• to respond to any claims, or to prevent, investigate, identify persons or organizations potentially involved in, or take any action regarding suspected fraud, violations of our Terms, or activity that appears to us to be illegal or we believe may expose us to legal liability
• during situations that we believe to be emergencies involving potential threats to the physical safety of any person or property, including if we believe that your information in any way relates to that threat
• for any additional purposes for which we have obtained your consent to disclose your personal information

DISCLOSURE OF AGGREGATED AND NON-IDENTIFIABLE INFORMATION

We may share non-identifiable information, such as aggregate data and non-personal information (for example, website usage information), as described in this Notice, with third parties. For example, we may share analyses of our server logs, traffic, or information relating to customer leads, including details regarding usage of the Services and general information about our audience, with current or potential advertisers, marketers, or business partners.

RETENTION OF PERSONAL INFORMATION

We will retain your personal information for as long as your registration on the Services is active or as needed to provide you with our services or is appropriate for the purposes for which it was collected, or as needed to comply with our legal obligations, resolve disputes, enforce our agreements, or otherwise as required or permitted by applicable law. You may cancel your registration on the Services at any time or contact us to request that we delete your account. Notwithstanding the foregoing, if you withdraw consent to our collection, use, and disclosure of your personal information, we nonetheless reserve the right to retain, collect, use, and disclose personal information without your consent where we are required or permitted by law to do so.

OBTAINING AND WITHDRAWING YOUR CONSENT

By providing personal information to us or registering on the Services, you voluntarily consent to the collection, use, and disclosure of personal information as specified in this Notice. Without limiting the foregoing, we may on occasion ask you to consent when we collect, use, or disclose your personal information in specific circumstances, in which case we may ask for your consent in writing (including by electronic means). In some circumstances we may accept your oral consent. Sometimes your consent will be implied through your conduct with us if the purpose of the collection, use or disclosure is obvious and you voluntarily provide the information. In addition, we may collect, use, and disclose personal information without your consent when we are required or permitted by law to do so. It is possible for you to use most of the functions that are available on the Services without giving us any personal information.

You may change or withdraw your consent at any time, subject to legal or contractual obligations and reasonable notice, by contacting our privacy officer using the contact information set out below. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to our privacy officer. If you withdraw or vary your consent, we may not be able to provide you with the communications or services you request through the Services. For example, if you would like to purchase, or register with, our marketing and advertising service to list a property for sale, but are not willing to provide a contact phone number, we may not be able to fulfil your request.

INFORMATION SECURITY

We have implemented reasonable physical, technical, and administrative security measures to safeguard the personal information you provide us. These measures are evaluated on a monthly basis and, if required, modified and enhanced to ensure full and strict compliance.

PRIVACY NOTICE: EFFECTIVE DATE AND CHANGES

We may make changes to this Notice from time to time to reflect changes in our legal and regulatory obligations or in the manner in which we deal with your personal information. We will post any revised version of this Notice on the Services.

Each time you use the Services, the current version of the Notice will apply. Accordingly, when you use the Services, you should check the date of this Notice (which appears at the top) and review any changes since the last version. Any such modifications will be effective immediately upon posting on the Services. Your continued use of the Services after an update or amendment to this Notice means that you consent to the collection, use, and disclosure of your personal information, as described in the updated Notice.

CHILDREN

The Services are not intended or directed to children under the age of 13, and we do not knowingly collect personal information relating to children or track their use of the Services. If you are a parent or guardian and you believe that your child under the age of 13 has provided us with personal information, please contact our privacy officer.

WHERE WE STORE OR TRANSFER YOUR PERSONAL INFORMATION

The personal information that we collect from you may be transferred to, stored, and processed at our and our affiliates’ (and our and their service providers’) servers located in Canada and the United States.

INTERPRETATION OF THIS NOTICE

This Notice includes examples but is not intended to be restricted in its application to such examples, therefore where the word “including” is used, it shall mean “including without limitation.”

This Notice does not create or confer upon any individual any rights, or impose upon us any rights or obligations outside of, or in addition to, any rights or obligations imposed by Canada’s federal and provincial privacy laws, as applicable. Should there be, in a specific case, any inconsistency between this Notice and Canada’s federal and provincial privacy laws, as applicable, this Notice shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.

CONTACT US

If you have any questions about this Notice, please feel free to contact us by E-mail at info@ThunderBayHouses.com or by regular mail at Walther Enterprises, Suite 980, Niagara-On-The-Lake, Ontario L0S 1T0, Canada.