WEBSITE TERMS OF USE
AND PRIVACY POLICY


All use of the website www.kuhnco.net are subject to the following Terms and Conditions. If you do not agree with these Terms and Conditions, please do not access or use this website. These terms may be changed by Kuhn LLP at any time without notice. Your use of this website constitutes your agreement to be bound by these terms.

Terms and Conditions

Disclaimers

The materials provided on this site are for information purposes only. These materials constitute general information relating to areas of law familiar to our firm lawyers. They do NOT constitute legal advice or other professional advice and you may not rely on the contents of this website as such.

The contents of the website do not necessarily represent the opinions of Kuhn LLP or its clients. If you require legal advice, you should retain competent legal counsel to advise you. If you would like to retain Kuhn LLP, please contact one of our lawyers, who will be pleased to discuss whether our firm can assist you. A solicitor-client relationship will arise between you and our firm only if we specifically agree to act for you. Until we specifically agree to act for you on a matter, you should not provide us with any confidential information or material.

Confidentiality of Communications

Kuhn LLP does not guarantee the confidentiality of any communications sent by e-mail or through its website, or left in voicemail messages on firm telephones. Unsolicited information and material may not be treated as confidential and may not be protected by any solicitor-client privilege. Accessing or using this website does not create a solicitor-client relationship. Although the use of the web site may facilitate access to or communications or transmissions by any member of Kuhn LLP by e-mail or voicemail, receipt of any such communications or transmissions by any member of Kuhn LLP does not create a solicitor-client relationship, unless our firm agrees to represent you.

Although Kuhn LLP has made reasonable efforts to ensure that the materials contained on this site are accurate, it does not guarantee: the accuracy, currency or completeness of the materials; that the site will be available without interruption, error or omission; that defects will be corrected; or that the website and the server(s) that make it available are free from viruses or harmful components. The website and materials provided on the website are provided “as is” and “as available” without representations, warranties or conditions of any kind, either expressed or implied.

Liability

Kuhn LLP, its partners, and its employees, will have no liability for any damage arising from the misuse of any information provided on its website. The information provided on the website is not legal advice and should not be relied upon as such. Doing so without seeking the advice of legal counsel constitutes as misuse of the information.

Copyright and Trade Marks

The copyright in this website and all materials contained in it is owned, or licensed by Kuhn LLP. The Kuhn LLP website, as a whole, or in part, may not be reproduced without the express prior written consent of Kuhn LLP. To obtain such consent, please contact out marketing department at 604-864-8877.

Linking to www.kuhnco.net

Kuhn LLP acknowledges and appreciates links to the Kuhn LLP website. Links should go directly to the homepage at www.kuhnco.net, or to the biography of one of the firm’s professionals. Linking directly to other pages within the site or framing content on the site is prohibited without the prior written consent of a representative of Kuhn LLP’s marketing department.

Links to Third Party Sites

The Kuhn LLP website has been designed to be a resource for information on matters that might be of interest to the current or potential clients. As a result, there are links throughout the website to third party sites. These links are provided for convenience only, and do not mean that Kuhn LLP endorses or recommends the information contained in linked web sites, or guarantees its accuracy, timeliness or fitness for a particular purpose. Kuhn LLP takes no responsibility for the content or practices of third party sites.

Personal Information Protection Policy

Kuhn LLP recognizes the importance of privacy and the sensitivity of personal information received by us in serving our clients. We are committed to ensuring that your personal information is protected and that we are in compliance with the Personal Information Protection Act (“PIPA”).  We have therefore created the following Privacy Policy (the “Policy”).  The Policy has been designed to reflect our commitment to the principles outlined in PIPA that are as follows:

    1.      Accountability
    2.      Identifying purposes
    3.      Consent
    4.      Limiting collection
    5.      Limiting use, disclosure, and retention
    6.      Accuracy
    7.      Safeguards
    8.      Openness
    9.      Individual access
  10.
     Challenging compliance

All lawyers, employees and agents of Kuhn LLP are required to comply with the Policy and may be given restricted access to personal information solely to fulfill the purposes as set out in this Policy.

All other persons or organizations who act for, or on behalf of, Kuhn LLP are also required to comply with the principles and the Policy and may be given restricted access to personal information solely to fulfill the purposes as set out in this Policy.

Privacy Officer

If you need to contact us concerning our Policy, we have appointed a Privacy Officer who will be responsible for overseeing the Policy as well as any inquiries, requests or concerns relating to privacy matters.  You may contact the Privacy Officer at the following address:

Barbara Dietterle
Kuhn LLP
300 – 31935 South Fraser Way
Abbotsford, B.C. V2T 5N7
Fax: (604) 864-8867
Email: bdietterle@kuhnco.net

Overview

We are proud to be leaders in our community in providing quality, cost-effective solutions to our clients’ legal needs.  In order to be able to give proper and accurate legal advice to our clients, we need access to all relevant facts and information that relate to our retainer and to the representation of our clients. This information will necessarily include personal information about our clients and about individuals other than our clients.

“Personal Information” refers to all information about an identifiable individual but does not include the name, title or business address or telephone number of an employee of an organization.  Essentially, it does not include the kind of information you would expect to find in a telephone book.

This Policy covers our treatment of the personal information we collect from our clients.  In this Policy we will outline the purposes behind our collection and use of clients’ personal information.  In addition we will outline our policies concerning the collection, use, distribution and retention of this information.  Finally we will also set out our policies for addressing any concerns or complaints.  

Additionally, we recognize our professional obligation to maintain the confidentiality of our clients’ information and our obligations concerning the personal information of all individuals that we collect, use or disclose in our practice.

Requests to Add, Change or Delete

If at any time, you wish to add, change or delete your personal information that is retained by our office, please contact our Privacy Officer.

Principle 1 – Accountability

Kuhn LLP is responsible for personal information which we collect, use or distribute and any personal information in our custody or under our control.  In order to fulfill our responsibility and comply with current legislation:

1.1 We have designated a privacy officer who is responsible to oversee our privacy policy and ensure routine compliance with it.  

1.2 We shall make known the name or names of the Privacy Officer(s) and contact information upon request.

1.3 We have developed procedures in accordance with this Privacy Policy to govern the handling of personal information and respond to complaints.   

1.4 Our employees are trained in accordance with this Privacy Policy and committed to ensuring privacy is protected.

1.5 Our policy is made available to our clients through our website as well as in hard copy upon request.   

1.6 In the event that personal information is made available to a contracted third party, we will hold that party responsible to maintain comparable levels of protection of privacy while the information is in their control.  

Principle 2 - Identifying Purposes

2.1 Kuhn LLP is committed to ensuring that the purposes for which personal information is used are identified.  

2.2 Kuhn LLP will only collect personal information from our clients that is necessary to fulfill the following purposes:

  • To verify identity;
  • To verify creditworthiness;
  • To understand the needs of our clients;
  • To assist us in resolving our clients’ legal issues;
  • To ensure a high standard of service to our clients;
  • To meet statutory/regulatory requirements;

2.3 Kuhn LLP will make these purposes known to individuals at the time that personal information is being collected either orally, electronically or in writing.
 
2.4 Unless required by law, Kuhn LLP will notify and obtain the consent of an individual before using previously collected information for a new purpose.

Principle 3 – Consent

3.1 Kuhn LLP will obtain reasonably informed consent of a client to collect, use or disclose personal information except where we are authorized to do so without consent.  

3.2 Consent can be provided orally, in writing, electronically or through an authorized representative.  We will take reasonable steps to ensure that consent given is clearly understood.  

3.3 Consent can be implied where the purpose for collecting using or disclosing the personal information would be considered obvious and the client voluntarily provides personal information for that purpose.

3.4 In general, by retaining this firm for legal advice or representation, an individual consents to our necessary collection, use or disclosure of the individual’s personal information in order to properly advise and represent the individual.

3.5 Consent may also be implied where a client is given notice and a reasonable opportunity to opt-out of his or her personal information being used and the client does not opt-out.

3.6 Subject to certain exceptions, clients can withhold or withdraw their consent for Kuhn LLP to use their personal information in certain ways.

3.7 A client may not be able to withhold consent when withdrawal of consent would frustrate the performance of a legal obligation.  

3.8 Kuhn LLP will not require consent to the collection and use of information in order to access goods or services unless that information is necessary to fulfill the purpose identified.  In a situation where a client’s decision to withhold or withdraw their consent to certain uses of personal information may restrict our ability to provide a particular service or product we will explain the consequences of withdrawing consent to assist the client in making the decision.

3.9 The following are examples of when we may collect, use or disclose the personal information of a client without their consent:

  • When the collection, use or disclosure of personal information is permitted or required by law;
  • When collection is clearly in your best interests and we are unable to obtain your consent in a timely way;
  • it is reasonable to expect that the collection with the consent of the individual would compromise the availability or the accuracy of the personal information and the collection is reasonable for an investigation or a proceeding;
  • In an emergency that threatens an individual's life, health, or personal security;
  • When disclosure is required to comply with a court order;
  • When disclosure is required for archival purposes;
  • the personal information is collected for the purposes of the organization providing legal services to a third party and the collection is necessary for the purposes of providing those services.
  • When the personal information is available from a public source (e.g., a telephone directory);
  • When we require legal advice from a lawyer;
  • For the purposes of collecting a debt;
  • To protect ourselves from fraud;
  • To investigate an anticipated breach of an agreement or a contravention of law

Principle 4 - Limiting Collection

4.1 Kuhn LLP shall limit the collection of personal information to the purposes set out in this policy in compliance with our legal obligations.

4.2 Kuhn LLP will not collect personal information indiscriminately.  

4.3 The purposes for collecting personal information shall be reasonably clear at the time of collection and we will not deceive or mislead our clients as to why information is being collected.  

4.4 Where practicable, we endeavour to collect personal information directly from the person to whom the information pertains. When necessary, we will collect personal information from other sources.

Principle 5 - Limiting Use, Disclosure and Retention

5.1 Kuhn LLP will only use and disclose personal information where necessary to fulfill the purposes identified at the time of collection or for a purpose reasonably related to those purposes except where we are authorized to do so (see Principle 3 – Consent).

5.2 Kuhn LLP will not use or disclose client personal information for any additional purpose unless we obtain consent to do so.

5.3 Kuhn LLP will never sell client lists or personal information to other parties without consent.

5.4 Kuhn LLP will only retain personal information as long as it is needed for the purposes for which it was collected or consented to.  Kuhn LLP will take reasonable steps to ensure that personal information is reviewed on an ongoing basis to determine relevance and if retention is required.

5.5 When personal information collected is no longer relevant to its purpose or when it is permitted by law, Kuhn LLP will ensure that it is deleted, destroyed or made anonymous.  In general, all personal information shall be deleted, destroyed or made anonymous no later than seven years after the purpose for which it was collected has been completed unless the law requires otherwise.

5.6 If Kuhn LLP uses personal information to make a decision that directly affects the client we will retain that personal information for at least one year to give the client a reasonable opportunity to request access to it.

Principle 6 - Accuracy

6.1 Kuhn LLP is committed to ensuring the accuracy of its information and will take reasonable efforts to ensure that personal information is accurate and complete where it is necessary.

6.2 Kuhn LLP will update information when it is necessary or when an individual notifies us.  Clients may request correction to their personal information in order to ensure its accuracy and completeness.  A request to correct personal information must be made in writing and provide sufficient detail to identify the personal information and the correction being sought.  This request should be directed to the Privacy Officer.  

Principle 7 - Safeguards

7.1 Kuhn LLP is concerned about the safety of our clients’ personal information.  In order to address security concerns, we have developed the following safeguards:

  • Physical security measures including restricted access to areas where sensitive personal information is kept, security alarm systems, etc;
  • Organizational security measures including employee confidentiality training, sensitive information restricted to those involved, etc.; and
  • Technological security measures including use of passwords, firewalls and security encryptions.  

7.2 Kuhn LLP shall protect personal information disclosed to third parties by agreement that stipulates the confidentiality and safeguard requirements that are comparable to our own.

7.3 We will use appropriate security measures when destroying personal information such as:

  • Shredding any documents; and
  • Deleting any electronic records.

7.4 Kuhn LLP will review and update our security measures as necessary.

7.5 Kuhn LLP shall stress to both employees and volunteers the importance of safeguarding the confidential nature of personal information.

Principle 8 - Openness

8.1 Kuhn LLP is committed to making its privacy policies and procedures available and clear to all interested parties.  

8.2 We will demonstrate our commitment to this openness by making the Privacy Policy easy to access and by making the name and contact information of our Privacy Officer readily available.  

8.3 Any questions or concerns regarding our policy or procedure may be directed in writing to our Privacy Officer.  

Principle 9 - Individual Access

9.1 Clients have a right to access their personal information, subject to limited exceptions including, but not limited to:

  • Situations of solicitor-client privilege;
  • Situations where disclosure may reveal the personal information of another individual;
  • Situations where the health or safety of an individual may be jeopardized;
  • 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 information was collected without consent for the purposes of an investigation, and the investigation and associated proceedings and appeals have not been completed;
  • the information was collected or created by a mediator or arbitrator in the conduct of a mediation/arbitration for which they were appointed to act.

9.2 A request to access personal information must be made in writing and provide sufficient detail to identify the personal information being sought and should be forwarded to the attention of the Privacy Officer. We will make the requested information available within 30 business days, or provide written notice of an extension where additional time is required to fulfill the request.  A reasonable fee may be charged for providing access to personal information, in which case we will inform the client prior to proceeding.

9.3 We will endeavour to make all information provided easy to understand and explain any acronyms, abbreviations, etc. used.  

9.4 We reserve the right to confirm the identity of the individual seeking access to personal information before complying with any access requests.  In this event, information related to the client’s identity would be used exclusively for the purposes of confirming access.  

9.5 In certain situations, it may not be possible to provide access to all the personal information that is held and a request may be refused in whole or in part.  For example, information may not be provided if to do so would reveal personal information about a third party or jeopardize the security of another.

9.6 If a request is refused in full or in part or if the information requested is not available, we will notify the client in writing, providing the reasons for refusal and the recourse available to the client.  This notification will be kept on file.

9.7 In the event that information provided is shown to be incomplete or inaccurate, we will amend the client’s personal information appropriately.  When appropriate, we will transmit this correction to third parties with access to this information.  When a challenge is not resolved to the client’s satisfaction, we will destroy all personal information under our care and control.

Principle 10 - Challenging Compliance

10.1 Complaints made regarding the Privacy Policy or the use of personal information should be made to the Privacy Officer in writing.  

10.2 The Privacy Officer shall receive and respond to all personal information requests including challenges or complaints.  

10.3 It is Kuhn LLP’s policy that all complaints shall be investigated.

10.4 If a complaint is found to be justified, the Officer shall take appropriate measures, including, if necessary, amending this Policy.  

10.5 The Privacy Officer may seek external advice where appropriate before providing a final response to individual complaints.  

10.6 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 9A4
Telephone (250) 387-5629
Fax (250) 387-1696

10.7 Kuhn LLP’s procedure for dealing with complaints is as follows:

  • Record the date and nature of a complaint when it is received
  • Acknowledge receipt of the complaint promptly
  • Review the matter fairly and impartially, providing to the individual where possible, access to all relevant records.
  • Notify the individual of the outcome of the investigation promptly and clearly.
  • Correct any inaccurate or incomplete information when practical; or
  • decide not to correct the personal information, but annotate the personal information that a correction was requested but not made.

This policy may be amended, without notice, from time to time at our discretion and in compliance with the Personal Information Protection Act.

Feedback

We welcome your feedback, if you have questions or comments about the Kuhn LLP website, the legal notice or the firm’s privacy policy please contact our marketing department at 604-864-8877.