Privacy Policy
Acknowledgements
We acknowledge the sensitivity of the personal information we deal with in the course of our work with our clients.
We also acknowledge the various privacy laws and professional obligations which require us to maintain the confidentiality of our clients' information, and the way in which we collect, use or disclose that personal information in our practices.
Why we need our clients' personal information
We need access to all relevant facts and information relating to you and your transaction in order to provide you with efficient and effective legal and notarial services and advice.
We also use your personal information to issue invoices, and to keep our client records up to date.
We may also use your contact information to send you information we think you will be interested in from time to time, such as reminders to review your estate planning documents, to provide you with information about changes in the law or our business, or invite you to events.
How we collect the personal information of our clients
We collect personal information about individuals other than clients in accordance with the provisions of the laws dealing with the privacy of personal information, and our professional obligations.
When we can, we collect personal information directly from the person to whom the information pertains. If necessary, we also collect personal information from other sources.
This means we might collect information about you or your transaction from government sources or other resources which are necessary to conduct the required due diligence for your transaction.
For example, we might obtain information about you or your transaction by obtaining property tax or utilities searches, or strata documentation with respect to a property you are buying, selling or refinancing.
Your consent to the use of personal information
By retaining us for advice or representation, you are consenting to our collection, use or disclosure of your personal information so we can properly advise and represent you.
We are also permitted to collect, use or disclose personal information about individuals in some circumstances without that individual's consent.
When we collect, use or disclose personal information, we will make reasonable efforts to ensure that is accurate and complete.
Withdrawing your consent
You can withdraw your consent to our collection, use and disclosure of your personal information at any time, on reasonable notice in writing to our Privacy Officer.
However, if you withdraw your consent to our collection, use and disclosure of your personal information, that might make it impossible for us to continue to represent or advise you.
How we protect your personal information
We have made certain arrangements to secure your personal information against its unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction.
Unfortunately, the nature of our work makes it necessary for us to use your personal information in various databases, email programs, cloud-based systems electronic signature programs, and other programs or electronic communication methods.
We use these programs and communication methods for more efficient and cost-effective production of due diligence and documents.
Although we try to keep the personal information which we have in our own possession secure, we cannot and do not make any guarantees about the way in which this personal information is collected, used or disclosed in these databases, cloud servers, international service providers, email programs or any other means of communication or storage which involves the movement or storage of information, e-mails or other documents, in whole or in part, whether inside or outside of BC.
Certain of your personal information will be disclosed to other firms or individuals in the normal course of our business with our clients, and we cannot guarantee the way in which those individuals, firms or governments collect, use or disclose that personal information.
For example, you might ask us to communicate with you by way of email. Information in or about these emails might be disclosed outside of BC or even Canada on its way from the sender to the receiver. We cannot and do not guarantee where that information will go on its way from the sender to the receiver, or what will happen to it on its travels.
As another example, we might be required to obtain a payout statement for you with respect to a mortgage you wish to discharge from the title of your property. Many lenders now require us to obtain payout statements using portals they have prepared, which collect, use or disclose information about you and your transaction in ways we cannot control.
When your documents and personal information are exposed to these programs, databases or electronic communication methods, they may also be exposed, and therefore subject to, to the privacy legislation of those other jurisdictions.
In hiring us, you are allowing us to communicate with you, with any other parties involved your transaction, with other legal services providers, and with any other relevant service providers (such as, but not limited to, mortgage brokers, lenders or realtors) by way of any databases, cloud-based programs or portals, or any other electronic communication method which we deem appropriate or necessary in order to carry out the services which you have asked us to provide.
Accessing your personal information
You can submit a written request to obtain:
- your personal information in our custody or control;
- information about how we use your personal information under our control;
- the names of any individuals and organizations to whom we have disclosed your personal information
We will respond to requests in the time allowed by the appropriate legislation, and as authorized by you.
We will make a reasonable effort to assist applicants and to respond as accurately and completely as reasonably possible, and within the parameters of the law and our professional obligations.
We may provide you with an invoice for the fees, disbursements and taxes incurred in providing this information to you.
Requests for Correction of personal information
You are encouraged to contact us with details about any of your information which has changed, or to correct errors or omissions in the personal information we keep for you. Please send any requests for corrections to us in writing.
Contacting us
If you have any questions about our handling of your personal information or if you want access to it or to request a correction of your personal information that is under our care and control, please contact us at:
The Notary Group #103 1912 Enterprise Way Kelowna, BC V1Y 9S9
Our Privacy Officer is Tim Janzen.
If you are dissatisfied with our handling of your personal information, you may contact us in writing, setting out the reasons for your concern. If you remain dissatisfied with TNG's response to your concerns, you may wish to contact the Office of the Information and Privacy Commissioner at:
P.O. Box 9038, Stn Prov Govt Victoria, BC V8W 9A4 Telephone (250) 387-5629 Fax (250) 387-1696
Definitions
- personal information, as it relates to our clients, means recorded information about an identifiable individual, but does not include contact information
- contact information means information which can be used to enable an individual at a place of business to be contacted, and includes the name, position name or title, business telephone number, business address, business email or business fax number of the individual
- The Notary Group, or TNG is the trade name for Janzen & Caisley Notary Corp., a professional notary corporation.