Realtor website privacy policy
The BrokerFold Team — Product + Engineering
Last reviewed
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Reviewed against primary sources (Office of the Privacy Commissioner of Canada — PIPEDA guidance for businesses, accessed 2026-08-14 / Quebec Law 25 private-sector obligations (CAI guidance), accessed 2026-08-14) — last reviewed August 14, 2026. This page is general information, not legal advice.
Yes. A realtor website collects personal information the moment it has a contact form, and Canadian privacy law attaches obligations to that collection whether or not a policy exists — the policy is simply where you prove you know what you’re doing. Under PIPEDA, and under provincial regimes like Quebec’s Law 25, a site gathering names, emails, phone numbers, saved searches, or visitor accounts needs to say what it collects, why, and who sees it. We generate these pages for every tenant site on our platform, so what follows is the working checklist, not theory. (General information, not legal advice.)
The law that applies to you
PIPEDA — the federal private-sector privacy law — governs personal information handled in commercial activity across most of Canada, and real estate practice is squarely commercial. British Columbia, Alberta, and Quebec have their own substantially similar private-sector laws that apply within those provinces. Quebec’s Law 25 is currently the strictest of the set, with requirements phased in through 2024: a designated privacy officer, consent that is clear and granular, and breach reporting with real penalties behind it. If your marketing reaches Quebec residents, its higher bar is the sensible default. In every regime the core duties rhyme: collect with consent, use only for the stated purpose, safeguard, and answer for it.
What a realtor site actually collects
More than most agents think. The obvious layer: lead forms, showing requests, valuation requests. The quieter layers: visitor accounts and saved searches, favourites, analytics and advertising scripts, embedded maps, and — on sites with a gated sold-data section — VOW registrations, where board rules require you to keep access records. Your policy has to describe all of it honestly, which is why the first step is an inventory of what your site and its vendors store, where. If your platform can’t answer “where does a lead-form submission physically live,” that’s a vendor question to escalate.
What the policy must actually say
The durable skeleton: what you collect, the purpose for each category, the legal basis (consent, mostly), who it’s shared with — your brokerage, your website platform, your CRM, analytics providers — how long you keep it, how you protect it, how someone can see or delete their information, and who to contact. Add the VOW-specific disclosures if you display sold data: terms-of-use acceptance, credential handling, and board-mandated access logging. Plain language beats legalese in every regulator’s guidance — a policy is compliant when a reader can understand it, not when it sounds expensive.
Privacy policy is not your only legal page
Three separate obligations get conflated. The privacy policy covers data handling. Consent capture at your forms is a CASL matter — an unchecked marketing checkbox and a consent record, detailed in can I email leads under CASL. And VOW sites need enforceable terms of use as a board condition, not a legal nicety. A complete realtor site carries all three, consistent with each other: the policy describing what the forms promise, the forms doing what the policy describes.
Who answers for it: you and your brokerage
Regulators and boards treat the brokerage as accountable for its registrants’ public surfaces, so a fleet of agent sites with mismatched, outdated, or missing policies is an organizational risk concentrated on the broker of record — the same pattern as advertising compliance, covered in brokerage website compliance. The structural fix is the same too: generate the legal pages from the platform, keep them current centrally, and reserve human review for the exceptions. On BrokerFold sites, privacy, terms, and the VOW disclosures ship with the site and update platform-wide — the version of compliance that doesn’t depend on every agent remembering law school they never attended.
Frequently asked questions
Can I copy a privacy policy template from another site?
A copied policy that describes practices you don't follow is worse than none — it's a public promise you're breaking. The policy must match what your site actually does: the forms it runs, the analytics it loads, the platforms that store the data. Start from an accurate inventory, not someone else's wording.
Does a one-agent website really fall under privacy law?
Yes. PIPEDA applies to personal information handled in the course of commercial activity, and a sole practitioner collecting lead-form submissions qualifies. Scale changes your risk profile, not your obligations — and small operators are heavily represented in complaint files precisely because nobody was minding the basics.
What belongs in the policy for a VOW sold-data section?
Registered visitors are handing you credentials and, under board rules, having their access logged. The policy should say what account data you hold, that access records are retained as the board requires, who the data is shared with, and how someone closes an account. On our platform those disclosures ship in the generated tenant policy.
Keep reading
- Can I email leads under CASL? Yes, with consent: express, or implied within CASL's time limits, plus sender ID and a working unsubscribe. What realtors must record, and what to never do.
- VOW compliance requirements The operating conditions attached to a TRREB VOW: registration, click-wrap terms, 90-day passwords, server-side gating, audit records. A vendor checklist.
- CASL CASL is Canada's Anti-Spam Legislation. What consent means for a realtor's email and text follow-up, and how to stay onside while working leads.
- Brokerage website compliance The compliance surface of a brokerage website: board display rules, VOW gating, image serving, advertising identification, and what to demand of a vendor.