Bull, Housser & Tupper

PRIVACY POLICY

Effective as of January 1, 2004

A. INTRODUCTION

Bull, Housser & Tupper LLP recognizes the importance of privacy and the sensitivity of personal information. We are committed to keeping personal information accurate, secure and confidential. This policy outlines how we will manage your personal information and safeguard your privacy.

We provide legal services and products to our clients. In order to provide you with effective representation and to develop our business, we may need to collect and use your personal information and, on occasion, disclose it to third parties when disclosure is in your best interest. We may do so for emergency contact purposes or to produce marketing materials concerning our services and developments in the law.

We do not disclose your personal information to enable other companies to market their products and services. We may collect, use and disclose your information among members of the firm for business, management or tax purposes.

We may collect personal information from you or third parties. For example, we may collect the information from your insurance company, real estate agent, employer or accountant or from a government agency. We may also collect information to assess how the views of a third party may affect your legal situation.

Our policy is based upon the following principles:

1. accountability
2. identification of the purpose for collection, use and disclosure
3. consent
4. limitation on collection of personal information
5. limitation on use, disclosure, and retention of personal information
6. accuracy
7. protection of personal information
8. openness
9. access to personal information
10. compliance

B. SCOPE AND APPLICATION

This policy applies to personal information about our clients, suppliers, third parties, agents, contractors, partners and affiliated entities that is collected, used or disclosed by us.

C. DEFINITIONS

collection - the act of gathering, acquiring, recording, or obtaining personal information from any source including third parties

consent - informed voluntary agreement for the collection, use and disclosure of personal information for defined purposes

(i)	consent can be express, deemed or implied
(ii)	express consent can be given orally or in writing, and can be in hard copy form or digital
(iii)	deemed consent may exist if the purpose for the collection, use or disclosure of the information would be considered obvious to a reasonable person and the individual provides the personal information to us for that purpose
(iv)	implied consent may exist if it can reasonably be inferred from an individual's action or inaction
(v)	consent can be given through an authorized representative, such as a legal guardian or a person with a power of attorney

disclosure - the act of making personal information available to a third party

firm - Bull, Housser & Tupper LLP, Turlex Office Services Limited Partnership, Turlex Office Services Limited, and BHT Management Inc.

personal information - information about a stakeholder that does or could identify the stakeholder including information relating to personal characteristics, health, activities or views; does not include aggregated information that cannot be associated with a specific individual

stakeholder - specific individuals who are clients, potential clients, suppliers, agents, contractors, partners and our affiliated entities

third party - an individual or organization other than the firm

use - the treatment, handling, or management of personal information by and within the firm

D. APPLICATION OF THE TEN PRINCIPLES

1. Accountability

The firm is accountable and responsible for personal information in its possession or control. To ensure this accountability, we have developed this policy, and trained our lawyers and support staff about our policies and practices. The firm will designate one or more persons who are accountable for the firm’s compliance with the policy. The firm will:

(a) be responsible for protecting personal information in its possession or control and ensuring compliance with the provisions of the policy;

(b) make known, on request, the name and contact information of the person or persons designated to oversee the firm’s compliance with the policy;

(d) establish policies and procedures to

(i)	receive and respond to questions, inquiries or complaints;
(ii)	ensure the accuracy of personal information; and
(iii)	obtain consent;

(e) train firm employees to understand and comply with the firm’s policies and procedures; and

(f) provide public access to this policy.

2. Identification of the Purpose for Collection

The firm will identify the purposes for which personal information is collected.

The firm collects personal information for the following purposes:

(a) to establish and maintain relations with stakeholders;

(b) to understand needs and preferences of stakeholders, including the preferences of visitors to our website;

(d) to manage and develop the law practice of the firm including personnel and employment matters;

(e) to meet legal and regulatory requirements; and

(f) such additional purposes that are identified to an individual.

The firm will clearly identify the purposes for which it collects personal information orally, in writing, or by any other means it communicates with individuals. On request, persons collecting personal information will elaborate on the purpose for such collection or refer the individual to the designated person within the firm to do so.

The firm will not use or disclose for any new purpose personal information that has been collected without first identifying the new purpose and obtaining the consent of the stakeholder, unless permitted by law.

3. Obtaining Consent for Collection, Use or Disclosure of Personal Information

The firm will obtain consent for the collection, use or disclosure of personal information about a stakeholder. The firm will collect, use or disclose personal information without stakeholder consent only as permitted by law. The following principles will apply:

(a) in obtaining consent, the firm will explain to stakeholders in plain language the purposes for which personal information will be collected, used or disclosed;

(b) generally, the firm will seek consent to use and/or disclose personal information at the same time it collects the information. In some circumstances, the firm may identify a new purpose and will seek consent to use and disclose personal information after it has been collected, but before it is used or disclosed for a new purpose;

(c) in determining the appropriate form of consent, the firm will consider the sensitivity of the personal information and the reasonable expectations of stakeholders;

(d) subject to certain legal or contractual restrictions and reasonable notice, a stakeholder may withdraw consent and the firm will stop collecting, using or disclosing the personal information of that stakeholder unless the collection, use or disclosure is permitted by law. For more information regarding the consequences of withdrawing consent for use and disclosure of personal information a stakeholder may contact the firm;

(e) the firm may collect, use and disclose personal information without consent if seeking the consent of the individual might defeat the purpose of collecting the information, such as in the investigation of a breach of an agreement or law;

(f) the firm may collect, use and disclose personal information without consent if it is clearly in the individual’s best interest and consent cannot be obtained in a timely manner, or where it is necessary for the medical treatment of the individual and the individual is unable to give consent; and

(g) the firm may disclose personal information without consent to a lawyer representing the firm to comply with a subpoena, warrant or other court order, or as may be otherwise required or authorized by law.

4. Limitation on Collection of Personal Information

The firm will take reasonable steps to limit the amount and type of personal information it collects. The firm will collect personal information only for the purposes identified to the individual at or before the time of collection or as permitted by law. The firm will collect personal information by fair and lawful means and in a fashion that is not unreasonably intrusive.

The firm primarily collects personal information directly from stakeholders. The firm may also collect personal information from external sources such as other employers, personal references or other sources that represent that they have the right to disclose the information.

5. Limitation on Use, Disclosure, and Retention of Personal Information

The firm will use or disclose personal information only for the purposes it was collected, except with the consent of the individual or as permitted by law. Under some circumstances, the firm may have a legal obligation or right to disclose personal information without any individual’s consent. The firm will keep personal information for only as long as necessary for the identified purposes.

The firm may disclose an individual’s personal information to:

(a) a public authority or agent of a public authority if, in the reasonable judgment of the firm, it appears that there is imminent danger to life or property that could be avoided or minimized by disclosure of the information; and

(b) a third party or parties

(i)	where the individual consents to such disclosure;
(ii)	as permitted by law;
(iii)	to collect fees;
(iv)	to retain an expert to advise us, including expert witness;
(v)	to provide administrative services to us, and the third party is bound by our privacy policy;
(vi)	to retain law firms in other jurisdictions; and
(vii)	where the information appears in a registry to which the public has a right of access or appears in a printed or electronic publication available to the public.

The firm will keep personal information only as long as necessary for the identified purpose or as required by law. If personal information has been used to make a decision about a stakeholder, the firm will keep the personal information for a reasonable period after the decision has been made.

The firm will maintain controls, schedules, practices and procedures for retention and destruction of personal information.

6. Accuracy

The firm will keep personal information that is in its possession or control accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used to better ensure that only appropriate information is used to make a decision about a stakeholder.

The firm will only update personal information about a stakeholder if it is necessary to fulfill the purposes for which the personal information was collected. The firm will take steps to ensure that personal information in its possession that is used on an ongoing basis, including information that is lawfully disclosed to third parties, is kept accurate and up-to-date.

7. Protection of Personal Information

The firm will protect personal information with safeguards appropriate to the sensitivity of the information as follows:

(a) the firm will safeguard personal information in its possession or control from loss or theft and from unauthorized access, use, disclosure, copying or modification through appropriate security measures depending on the sensitivity, format and storage of the personal information;

(b) the firm will protect personal information disclosed to third parties by requiring those third parties to safeguard all personal information in a manner that is consistent with the firm’s practices and as regulated by law;

(c) any firm employee with access to personal information will be required to respect the confidentiality of such information; and

(d) the firm will use care when destroying or disposing of personal information to prevent unauthorized access, use or disclosure of any personal information.

8. Openness

The firm will be open about its policies and procedures regarding personal information. The firm will readily make available to stakeholders specific information about its policies and practices relating to the management of personal information.

The firm will make this policy available to stakeholders. The firm will make information available to assist stakeholders in understanding the collection, use and disclosure of their personal information. On request, the firm will advise if and how an individual can access personal information held by the firm.

9. Access to Personal Information

Stakeholders can seek access to their personal information by contacting the Privacy Officer at the firm.

On written request, the firm will inform a stakeholder of the personal information it has in its possession and control relating to that stakeholder and will give the individual reasonable access to that information. A stakeholder will be able to challenge the accuracy and completeness of the information and, in appropriate circumstances, the firm will amend the information.

Personal information requested by a stakeholder will be provided in a form that is easy to understand. The firm will provide the requested information within a reasonable time. The firm will charge a minimal fee according to the cost required to retrieve and provide the requested information. The firm will provide an estimate of the fee in advance and in some circumstances, will require a deposit for all or part of the fee.

Upon request, the firm will provide an account of the use and disclosure of the personal information. Where reasonably possible, the firm will identify from whom the personal information was collected, to whom it has been disclosed, and how and when disclosure took place.

In some cases, including the following, the firm may not provide access to personal information that it holds about a stakeholder where:

(a) it is likely to reveal personal information about a third party;

(b) disclosing the personal information could reveal confidential commercial information;

(d) the denial of access is required or authorized by law;

(e) information relates to existing or anticipated legal proceedings against that stakeholder;

(f) it might prejudice negotiations with that stakeholder;

(g) it is necessary to protect the rights and property of the firm;

(h) the request is frivolous or vexatious; and

(i) the information is collected for purposes of an investigation or the information is the result of arbitration or other formal dispute resolution process.

If the firm denies an individual’s request for access to personal information, the firm will advise the individual of the reason for the refusal. The firm will also provide the name, title and contact information of the designated person who can address the refusal. A stakeholder is entitled to request a review of the decision.

The firm will promptly correct or complete any personal information determined to be inaccurate or incomplete by the firm. Any differences as to accuracy or completeness that cannot be resolved will be noted in the individual's file.

10. Policy Amendments

The firm reserves the right to modify or supplement this Privacy Policy at any time. If we make a change to this Privacy Policy, we will post such changes on our website and make such revised policy and changes available upon request through our Privacy Officer. Notwithstanding any change to this Privacy Policy, the firm will seek express consent where required under applicable privacy laws.

11. Compliance

A stakeholder may address a challenge concerning compliance with the above principles to the Privacy Officer.

The firm will investigate all complaints. If the firm finds a complaint justified, the firm will take the steps necessary to resolve it. This may include modification by the firm of its policies and procedures. A stakeholder will be informed of the outcome of the investigation regarding any complaint.

The firm will not disadvantage a stakeholder because the individual, acting in good faith, has invoked, or may invoke, the provisions of this policy or any applicable federal or provincial privacy legislation.

E. PRIVACY OFFICER

You may contact our privacy officer, Howard Ehrlich, at:

Bull, Housser & Tupper LLP
3000 - 1055 West Georgia Street
Vancouver BC V6E 3R3
Direct Phone: 604.641.4901
Direct Fax: 604.646.2595