Your access to this website constitutes your acceptance of the following terms and conditions. The information contained on this website is for information purposes only, does not constitute legal advice, is not exhaustive, and may change from time to time without notice. No representation or warranty is made with respect to the legal consequences resulting from reliance on the information contained on this website or that the service will be uninterrupted, error-free, or virus-free. Your access to this website constitutes your waiver of any cause of action relating to the foregoing.
The British Columbia Personal Information Protection Act regulates the way private sector organizations within British Columbia collect, use, keep, secure and disclose personal information. “Personal Information” means all information about an identifiable individual.
Mark W. Timmis Law Corporation (the “Firm”) provides legal advice and trademark agent services. We recognize the importance of privacy and respect the sensitivity of personal information received by us. As part of our commitment to protecting the privacy of individuals whose personal information is collected and held by us, outlined below are the principles and practices which will be followed with respect to your personal information.
Our Need for Personal Information
In order to provide legal advice and trademark agent services to our clients on the filing of trademark applications in Canada under the Canadian Trademarks Act, we need access to all relevant facts and information necessary to file the trademark application and to see the trademark application through to the issuance of a Canadian certificate of trademark registration. This information will necessarily include personal information about our clients including our client’s name, address, trademark or proposed trademark as well as the wares or services in association with which the trademark is used or proposed to be used.
Collection, Use and Disclosure of Personal Information
Where practical, we endeavor to collect personal information relating to the filing and prosecution of trademark applications in Canada directly from the person to whom the information pertains. If necessary, we may collect personal information from other sources including the Canadian Trademarks Office trademark database.
By retaining this Firm for the purposes of providing legal advice and trademark agent services on the filing of trademark applications in Canada, individuals consent to our necessary collection, use or disclosure of your personal information in order to properly advise on the registrability of the trademark, filing a trademark application and prosecuting the trademark application through to the issuance of a Canadian certificate of registration.
The Personal Information Protection Act deems that an individual has consented to our collection, use or disclosure of personal information about that individual if, at the time the consent is deemed to be given, the purpose would be considered obvious to a reasonable person. In such circumstances, we may collect, use or disclose personal information without obtaining a written or verbal consent to do so.
The Personal Information Protection Act also permits us to collect, use or disclose personal information about an individual in some circumstances without the individual’s consent. Those include (but are not limited to) circumstances in which:
- the collection, use or disclosure is clearly in the interests of the individual and consent cannot be obtained in a timely way;
- it is reasonable to expect that the collection or use of personal information with the consent of the individual would compromise the availability or accuracy of the information, and the collection or use of the information is necessary for an investigation or proceeding;
- it is reasonable to expect that the disclosure of personal information with the consent of the individual would compromise an investigation or proceeding, and the disclosure of the information is necessary for an investigation or proceeding;
- the personal information is available to the public from a prescribed source; or
- the collection, use or disclosure of personal information is required or authorized by law.
When we collect, use or disclose personal information, we will make reasonable efforts to ensure that it is accurate and complete. If your personal information changes, we ask that you notify us as soon as possible so that we may keep our records up to date and may notify the Canadian Trademarks Office, where appropriate, to ensure that the information held by Canadian Trademarks Office relating to your trademark application or registered trademark is also accurate and complete.
Security of Personal Information
We recognize our legal obligations to protect the confidential information of our clients. We have therefore made arrangements to secure the data against the unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction of personal information.
Requests for Access to Personal Information
The Personal Information Protection Act permits individuals to submit written requests to us to provide them with:
- their personal information under our custody or control;
- information about how their personal information under our control has been and is being used by us;
- the names of the individuals and organizations to whom their personal information under our control has been disclosed by us.
We will respond to requests in the time allowed by the Personal Information Protection Act and will make a reasonable effort to assist applicants and to respond as accurately and completely as reasonably possible. All requests may be subject to any fees and disbursements the Personal Information Protection Act permits us to charge.
An individual’s ability to access his or her personal information under our control is not absolute. The Personal Information Protection Act provides that we must not disclose personal information when:
- the disclosure could reasonably be expected to threaten the safety or physical or mental health of an individual other than the individual who made the request;
- the disclosure can reasonably be expected to cause immediate or grave harm to the safety or to the physical or mental health of the individual who made the request;
- the disclosure would reveal personal information about another individual; or
- the disclosure would reveal the identity of an individual who has provided personal information about another individual and the individual providing the personal information does not consent to disclosure of his or her identity.
The Personal Information Protection Act further provides that we are not required to disclose personal information when:
- the personal information is protected by solicitor-client privilege;
- the disclosure of the personal information would reveal confidential commercial information that, if disclosed, could, in the opinion of a reasonable person, harm the competitive position of an organization;
- the personal information was collected without consent for the purposes of an investigation, and the investigation and associated proceedings and appeals have not been completed; or
- the personal information was collected or created by a mediator or arbitrator in the conduct of a mediation or arbitration for which he or she was appointed to act:
under a collective agreement,
under an enactment, or
by a court.
Requests for Correction of Personal Information
The Personal Information Protection Act permits individuals to submit written requests to us to correct errors or omissions in their personal information that is in our custody or control. We will:
- correct the personal information and, if reasonable to do so, send correction notifications to any other organizations to whom we disclosed the incorrect information; or
- decide not to correct the personal information, but annotate the personal information that a correction was requested but not made.
Contacting or Communicating with Us
If you have any questions with respect to our policies concerning the handling of your personal information, or if you wish to request access to, or correction of, your personal information under our care and control, please contact our Privacy Officer through the Contact page.
If you are dissatisfied with our handling of your personal information, we invite you to contact our Privacy Officer in writing, setting out the reasons for your concern. If, after our Privacy Officer has reviewed and responded to your concern, you remain dissatisfied, you may wish to contact the Office of the Information and Privacy Commissioner at:
P.O. Box 9038, Stn Prov Govt,
Victoria; BC V8W 9A
Telephone (250) 387-5629 Fax (250) 387-1696