BOMA BEST PRIVACY STATEMENT

This BOMA BEST Privacy Policy provides you with information regarding our collection, use, retention, storage and disclosure of Your Data (as defined in the Terms of Use) and any Personal Information.

Any capitalized terms used herein and not defined shall have the meanings ascribed to them in the Terms of Use.

1. How BOMA Collects, Uses and Shares Your Data and Personal Information

a. In the course of your use of the BOMA BEST Hub, BOMA will collect, process, and store information about You and Your use of the BOMA BEST Hub, including information about Your building, its status and any other information required to perform the BOMA BEST® methodology. This information will consist of Your Data, and may include Personal Information to the extent that you upload any such Personal Information.

b. All your Content, including Personal Information, will be processed, stored and handled by BOMA in accordance with industry-standard commercial data storage processes and procedures, applicable Canadian laws and this Privacy Policy. As BOMA uses service providers that are located outside of Canada, Your Personal Information may be transmitted to and stored in locations outside of Canada and may be subject to laws of that jurisdiction. BOMA will not sell, rent, share or trade any of Your Data or any Personal Information that You may upload to any third parties for any purpose, including for direct or indirect sales or marketing purposes, except as described in this Privacy Policy. Unless otherwise agreed to by you, BOMA will use Your Data and any Personal Information that you upload to make the BOMA BEST Hub available to you and to make improvements to the BOMA BEST Hub from time to time.

c. BOMA may share Your Data and any Personal Information that You uploaded in response to valid judicial or other government subpoenas, warrants or court orders or other legal process in accordance with applicable laws or if BOMA believes in good faith that such disclosure is necessary to prevent or take action regarding illegal or suspected illegal activity or to protect the rights or safety of BOMA or any of BOMA’s users, Partners or other third parties. BOMA will use all reasonable efforts to provide you with written notice of any disclosure of Your Data and any Personal Information that You uploaded under this paragraph.

2. How BOMA Uses Anonymous and De-identified Information

a. You further acknowledge and agree that BOMA will: (i) use Your Data, solely on an anonymous and de-identified basis and aggregated with other users’ information, for the compilation and analysis of trends, statistics and other information without any link or identifiable reference to You or Your Data and will generate Aggregated Data; and (ii) share its analyses with its business partners and third-party advertisers and customers. For the avoidance of any doubt, any Personal Information that You may upload will never be distributed to or shared with anyone by BOMA.

b. If you would like to withdraw Your Consent to BOMA extracting information from Your Data and generating Aggregated Data, please contact us at the address below in “Contacting BOMA regarding access to Your Data or our Privacy Policy and Practices”. You acknowledge, however, that if You withdraw Your Consent to BOMA extracting information from Your Data, it may impact BOMA’s ability to perform its assessment on Your building using the BOMA BEST methodology and that BOMA, at its discretion, may cease performing its assessments. BOMA will process your withdrawal letter within a commercially reasonable period of time following BOMA’s receipt thereof; thereafter, going forward, any and all of Your Data that is submitted or input into the BOMA BEST Hub will not be subject to the process set out in Section 2(a) of this Privacy Policy.

3. How BOMA Protects Your Information

a. BOMA takes commercially reasonable steps to protect Your Data and any Personal Information that You may upload from unauthorized access, use, disclosure or loss. The BOMA BEST Hub has reasonable security measures (such as including online and off-line physical, electronic and managerial safeguards) in place to protect against the loss, misuse and alteration of Your Data and any Personal Information under BOMA’s control.

b. As with any transmission over the Internet, there is always some element of risk in submitting data online and BOMA will not be liable for any breach of data security caused by circumstances outside its control, including unauthorized network intrusions.

4. Cookies

a. BOMA uses various technologies to collect and store information when You use the BOMA BEST Hub, which may include the use of cookies or similar technologies to identify Your browser or device. BOMA uses session cookies to store information about Your activity on the BOMA BEST Hub to enhance Your experience and the usability of the BOMA BEST Hub. BOMA does not use tracking cookies.

5. Contacting BOMA Regarding our Privacy Policy and Practices

a. BOMA is firmly committed to protecting your privacy and has designated a Privacy Officer to ensure compliance with this Privacy Policy. BOMA is accountable and responsible for all Your Data, including any Personal Information in its possession or control. If you have any questions about the security on the Platform or BOMA’s website, please contact BOMA’s Privacy Officer as set forth below.

b. BOMA’s Privacy Officer will investigate all complaints concerning BOMA’s compliance with its Privacy Policy and will take appropriate measures to resolve any complaint. The user involved will be informed of the outcome of the investigation regarding his or her complaint. On any user’s request, BOMA will provide further information about its complaint process. The Privacy Officer reserves the right to seek external advice, as and when appropriate, before responding to any user complaint.

c. You may submit a request to correct, access, or update your Personal Information, as well as concerns regarding BOMA’s Privacy Policy or related privacy practices to BOMA’s Privacy Officer at the address below. BOMA strives to expeditiously respond to all reasonable concerns and inquiries.

Mailing address:

BOMA Canada

1002-141 Adelaide Street West,

Toronto, Ontario, M5H 3L5

Attn: Privacy Officer