This is the privacy policy of Foster Living (including all companies, partnerships, limited partnerships and other entities that form part of the Foster Living group of companies) (collectively, “Foster Living”), and governs use of personal information by Foster Living, whether such information is collected via our websites, including www.foster-living.ca (“Website”) or otherwise, including through our services (the “Services”). This Privacy Policy explains what Personal Information we obtain from you in your use of the Website and the Services and the steps we take to secure that Personal Information. Foster Living will not collect, use or disclose your Personal Information in a way that is incompatible with applicable federal or provincial legislation or this Privacy Policy. In this Privacy Policy, the terms “we”, “our” and “us” refer to Foster Living. In this Privacy Policy, the terms “you”, “user”, and “your” refer to a visitor of the Website or user of the Services.

By submitting Personal Information to us or by otherwise using any of our Services or our Website, you hereby consent to the collection, use and disclosure of your Personal Information in accordance with this Privacy Policy.

If you do not agree with some or all of this Privacy Policy and are not of the age of majority in your province of residence, please do not use the Website or our Services.

We recommend that you take the time to read this Privacy Policy so that you understand how we handle Personal Information. This Privacy Policy may also change. We will include a “last revised” date on the Privacy Policy as displayed on the Website. We strongly encourage you to refer back to the Privacy Policy periodically.

How We Collect and Use Personal Information

For the purposes of this Privacy Policy, the following terms will have the following meanings:

“Business Contact Information” means your business position, name or title, business address, business telephone number, business email address and business fax number.

“Personal Information” means information about an identifiable individual, but does not include Business Contact Information or general, statistical or aggregated information. Personal Information includes a name, home address, date of birth, contact information (including home telephone number and personal e-mail address), employment status, and income.

We will identify the purpose for collecting your Personal Information when we request such information. We collect Personal Information only as necessary to provide services to you and will not use or disclose your Personal Information other than for the purpose for which it was collected, without your prior consent. Without limitation, Foster Living may collect your Personal Information for the following purposes:

Providing Services and Sharing Information: Your Personal Information may be collected and used by Foster Living to provide services to you via our Website or otherwise. Your Personal Information may be used by Foster Living so that we can share information about Foster Living, the Website, and our Services with you. We may use your Personal Information to communicate with you regarding your inquiries for information, service requests, employment opportunities or other issues as they relate to your use of the Website and the Services, and based on your Personal Information, we may send you personalised promotions or offers.

Project Information: For certain projects being promoted via the Website, we may permit you to indicate your interest in such projects and to obtain further information about the project by completing a form and making a submission via the Website. In that case, we will use the information requested on the sign-up form only for the purpose of facilitating communication with you about the project in which you are interested, and future Foster Living projects. We may also use the information to allow us to tailor our future projects to meet your interests.

Service/Warranty Requests: If you choose to contact Foster Living through the Website with service or warranty related requests, your Personal Information will be used to respond to and address your service and warranty requests, including providing your Personal Information to our agents or contractors to complete any applicable warranty or service related work.

Service Analysis: When you use our Website, a cookie may be placed within the memory of your internet access device. We may use permanent cookies or server-side artifacts to help us track use of our services by users, including casual visitors to the Website—such as (without limitation) the number and frequency of visits to our pages and which parts of our Website are visited. Similarly, we may also collect information regarding the type of device, your operating system, the browser you use, your internet service provider, your domain name, your internet protocol (IP) address, the date and time that you accessed our service, the website that referred you to our Website, the web pages you requested and the subject of the ads you click or scroll over, and use such information to evaluate Website performance and service quality. To collect this information, we use cookies, web beacons and similar technologies.

We may also use your Personal Information to detect, prevent or investigate security breaches or fraud, to protect our business and to maintain appropriate records for internal administrative purposes. We may also use your Personal Information for such other purposes as may be introduced to this Privacy Policy from time to time upon notice being given to you. For greater certainty, you hereby agree that sufficient notice includes making the Privacy Policy available on the Website. You may withdraw your consent to collect, use and disclose Personal Information by contacting us. You may no longer be able to access our Services if you withdraw your consent.

Our Disclosure of Personal Information

Foster Living may disclose Personal Information if a law, regulation, search warrant, subpoena or court order legally requires or authorises us to do so. We will use reasonable efforts to ensure that any third party to whom Personal Information is disclosed provide a comparable level of protection for your Personal Information, as provided in this Privacy Policy.

Additionally, Foster Living reserves the right to disclose and to transfer Personal Information to a third party in the event of a proposed or actual purchase, sale, merger, amalgamation, or any other type of acquisition, disposition, or financing of all or any portion of Foster Living or any of the assets or shares of Foster Living, provided that the third party represents that it will continue to use the information for the purposes set out in this Privacy Policy and in accordance with applicable privacy laws.

Retention of Personal Information

We routinely destroy Personal Information that is no longer required for the purposes described herein, in accordance with applicable laws.

Accuracy of Personal Information

Foster Living takes reasonable steps to ensure that any Personal Information in our custody is accurate and up-to-date for the purposes for which the Personal Information is to be used by Foster Living. In most instances, we rely on users of the services to notify us of any changes to their Personal Information provided by them.

How We Protect Your Personal Information

Foster Living uses reasonable and appropriate measures to help you secure your Personal Information against accidental or unlawful loss, access or disclosure. Only staff and service providers who have a legitimate business purpose for accessing the Personal Information collected by us are authorised to do so. Unauthorised use of Personal Information by anyone affiliated with Foster Living is prohibited and constitutes grounds for disciplinary action.

You and you alone are responsible for ensuring that you do not disclose your account access information to third parties. This includes but is not limited to not disclosing such information to anyone, ensuring that sufficient security software is installed and running on your computer, smartphone or tablet, that your network firewall is of sufficient quality and that your wireless connection is encrypted to a degree that will prevent third party access. Foster Living is not responsible for any failure by you to secure your own device and its access to the Internet or your use of public, unsecured networks. Foster Living also is not responsible for any failure by you to eliminate malware. These failures and others can make you vulnerable to privacy breaches and would put you and your data at risk.

Links to Third Party Sites

The use of our services may lead you to third party websites. Those organisations are separate and distinct from Foster Living and have their own separate privacy policies. We are not responsible in any way for how any third party collects, uses or discloses your Personal Information, so it is important to familiarise yourself with the privacy policies of these websites before providing your Personal Information to them.

Individual Access

Upon written request to info@foster-living.ca, you will be informed of the existence, use and disclosure of your Personal Information, and will be given access to that Personal Information. Foster Living provides an opportunity for individuals to challenge the accuracy and completeness of their Personal Information and have it amended as appropriate.

Contacting Us

Accountability with respect to your Personal Information is important to Foster Living. In the event that you have any questions (including how Personal Information is managed by Foster Living), complaints or concerns about this Privacy Policy, or if you have reason to believe that we may have failed to adhere to it, please contact us by sending an email. Questions regarding your rights and our responsibilities under this Privacy Policy can be directed to info@foster-living.ca.

Foster Living offers its web site (the “Web Site”) to you conditioned on your acceptance without modification of the terms, conditions and notices contained in these Terms of Use. Your use of the Web Site constitutes your agreement to all such terms, conditions and notices.

Use of Information

The information contained on the Web Site is provided for your private use and without responsibility on the part of Foster Living. The material and information provided on the Web Site is for general reference only. The material and information on the Web Site is not provided for the purpose of professional or legal advice. Potential purchasers should seek professional advice or legal advice and complete their own independent investigations prior to purchasing a home.

Information contained in the Web Site, including information relating to construction methods, pricing and availability, does not necessarily apply to each home and is subject to change at any time. Although we attempt to provide accurate information, the Web Site may contain inaccurate, incomplete, or out-of-date information. Foster Living assumes no responsibility for errors or omissions in the content of the Web Site, and makes no commitment to update such information.

Privacy and Personal Information

For information about Foster Living’s treatment and protection of personal information and commercial electronic messages (CAMs), please read our privacy policy. This policy explains how Foster Living treats your personal information and protects your privacy when you use the Company Web Site or otherwise disclose personal information to Foster Living.

Cookies

Some of the web pages may use “cookies” to enhance your experience on the Web Site. Cookies are small pieces of information transmitted from our web server and automatically stored on your computer’s browser to record your preferences.

Foster Living also uses cookies to understand site usage for our own research purposes. Most web browsers automatically accept cookies. You may choose not to accept cookies by changing your browser settings to block them, but if you do so, you may find that certain features on the Web Site will not work properly.

No Offer to Sell

No information or material on the Web Site is to be considered to be an offer to sell a home.

Individual Developments

You recognize that each community or project is developed by the company or entity noted in the disclosure statement. None of the other Foster Living companies is liable for a particular community or project.

Intellectual Property

The information on the Web Site, including without limitation all design, text, images, photographs, press releases, and other information, are protected under Canadian and other copyright laws. Any trademarks, logos, images, and service marks used on the Web Site may not be used without the prior written consent of the owner and without proper acknowledgement. For more information, contact info@foster-living.ca.

Modification of These Terms of Use

Foster Living reserves the right to change the terms, conditions and notices under which the Web Site is offered. You are responsible for regularly reviewing these terms and conditions. Your continued used of the Web Site constitutes your agreement to all such terms, conditions and notices.

Personal and Non-Commercial Use Limitation

Unless otherwise specified, the Web Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Web Site.

Links to Third Party Site

The Web Site may contain links to third party web sites (the “Linked Sites”). The Linked Sites are not under our control and we are not responsible for and do not endorse the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

Liability Disclaimer

To the fullest extent allowed by applicable law, you hereby waive, disclaim and release each of the Foster Living companies, and their respective officers, directors, employees, agents, successors, and assigns, from all claims of any kind (specifically including any and all claims for actual, incidental, consequential, punitive or exemplary damages, solicitors’ fees and costs, or claims for interest, even if Foster Living is advised of the possibility of such damages), related to, or arising from, directly or indirectly, your access to (or inability to access) this Web Site or the use of any information or material contained therein, or otherwise arising out of the use of the Web Site, whether based on contract, tort, negligence, strict liability or otherwise.

Foster Living makes no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, products, services and related graphics contained within the Web Site for any purpose. All such information, products, services and related graphics are provided “as is” without warranty of any kind. We hereby disclaim all warranties and conditions with regard to this information, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.

By using the web site, you expressly acknowledge and agree that you are not relying on any information or material presented on the Web Site to make any investment or purchase decision.

If you are dissatisfied with any portion of the Web Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Web Site.

Governing Law and Forum

The laws of the Province of British Columbia and the laws of Canada applicable therein, excluding any conflicts of law provisions, shall govern any claims relating to the materials on the Web Site. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Web Site shall be filed only in the provincial or federal courts located in the Province of British Columbia, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability

If any one or more of the provisions contained in this agreement should be invalid, illegal or unenforceable in any respect in any jurisdiction, the validity, legality and enforceability of such provision or provisions will not in any way be affected or impaired thereby in any other jurisdiction and the validity, legality and enforceability of the remaining provisions contained herein will not in any way be affected or impaired thereby, unless in either case as a result of such determination this agreement would fail in its essential purpose.

Entire Agreement

These Terms of Use constitute the entire agreement among you and Foster Living concerning the use of the Web Site and the information contained therein.