BRIAN BROWN & ASSOCIATES INC. PRIVACY CODE

PRIVACY STATEMENT:

At Brian Brown & Associates Inc. (BBAI), respecting privacy is an important part of our commitment to our clients and staff. We have developed a privacy code that is a statement of principles and guidelines we adhere to regarding the minimum requirements for the protection of personal information that we collect, use and share with others.

BBAI will comply with the BC Personal Information and Privacy Act and will continue to review our Privacy Code to make sure that it is relevant and remains current with changing industry standards, technologies and laws.

Should you have any questions regarding privacy issues you can contact our Privacy Officer at (604) 888-2009.

CONSENT:

We will not collect, use or disclose personal information without consent, except where required or permitted by law.

SCOPE AND APPLICATION:

The scope and application of BBAI’s Privacy Code are as follows:

a) BBAI’s Privacy Code applies to personal information collected, used, or disclosed by     BBAI in the course of commercial activities.

b) BBAI’s Privacy Code applies to the management of personal information in any form,

whether oral,  electronic or written.

c) BBAI’s Privacy Code does not impose any limits on the collection, use or disclosure of following information by BBAI:

• a staff member’s name, title or business address or telephone number; information that BBAI collects, uses or discloses for journalistic, artistic or literary purposes and does not collect, use or disclose for any other purpose; or other information about the individual that is publicly available and is specified by regulation pursuant to the Personal Information Protection Act (BC) and/or where applicable Personal Information Protection and Electronic Documents Act (Canada). 
  

d)   The application of BBAI’s Privacy Code is subject to the requirements and provisions of the Personal Information Protection Act (BC) and/or where applicable Personal Information Protection  and Electronic Documents Act (Canada), the regulations enacted there under and any other applicable legislation or regulation.


PRINCIPLES:

Accountability

BBAI is responsible for personal information under its control and shall designate one or more persons who are accountable for BBAI’s compliance with the following principles.

Responsibility for compliance with the provisions of BBAI’s Privacy Code rests with BBAI’s Privacy Officer who can be reached at (604) 888-2009. Other individuals at BBAI may be delegated to act on behalf of BBAI’s Privacy Officer or to take responsibility for the day-to-day collection and/or processing of personal information.

BBAI shall make known, upon request, the title of the person or persons designated to oversee BBAI’s compliance with BBAI’s Privacy Code.

BBAI is responsible for personal information in its possession or control. BBAI shall use contractual or other means to provide a comparable level of protection while information is being processed or used by a third party.

BBAI shall implement policies and procedures to give effect to BBAI’s Privacy Code, including:

implementing procedures to protect personal information and to oversee BBAI’s compliance with BBAI’s Privacy Code;

Identifying Purposes for Collection of Personal Information

BBAI shall identify the purposes for which personal information is collected at or before the time the information is collected.

BBAI collects personal information only for the following purposes:

        Clients:  

                      To deliver quality services to our clients.

                      To contact for information related to services requested and to report on

                      reports

                      To invoice for services and collect unpaid accounts.   

Thrid Parties:

                      To fulfill our commitments to our clients. 

           Staff:

                      Employment related purposes for payment, tax related and other purposes

                      relatated to personnel management.

Where required, BBAI shall specify orally, electronically or in writing the identified purposes to our clients or staff at or before the time personal information is collected. Upon request, persons collecting personal information shall explain these identified purposes or refer the individual to a designated person within BBAI who can explain the purposes.

When personal information that has been collected is to be used or disclosed for a purpose not  previously identified, the new purpose shall be identified prior to use. Unless the new purpose is permitted or required by law, the consent of the client or staff member will be acquired before the information will be used or disclosed for the new purpose.

Obtaining Consent for Collection, Use or Disclosure or Personal Information

The knowledge and consent of a client or staff member are required for the collection, use, or disclosure of personal information, except where inappropriate. In certain circumstances personal information can be collected, used, or disclosed without the knowledge and consent of the individual.

In obtaining consent, BBAI shall use reasonable efforts to ensure that a member or staff person is advised of the identified purposes for which personal information will be used or disclosed. The identified purposes shall be stated in a manner that can be reasonably understood by the client or staff member.

Generally, BBAI shall seek consent to use and disclose personal information at the same time it collects the information. However, BBAI may seek consent to use and/or disclose personal information after it has been collected, but before it is used and/or disclosed for a new purpose.

BBAI may require clients to consent to the collection, use and/or disclosure of personal information as a condition of the supply of a product or service only is such collection, use and/or disclosure is required to fulfill the explicitly specified, and legitimate identified purposes.

In determining the appropriate form of consent, BBAI shall take into account the sensitivity of the personal information and the reasonable expectations of its clients and staff.

The purchase or use of products and services by a client, or the acceptance of employment or benefits by a staff member, may constitute implied consent for BBAI to collect, use and disclose personal information for the identified purpose.

A client or staff member may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. Clients and staff members may contact BBAI for more information regarding the implications of withdrawing consent.

BBAI may collect or use personal information without knowledge or consent if it is clearly in the interests of the individual and consent cannot be obtained in a timely way, such as when the individual is seriously ill or mentally incapacitated.

BBAI may collect, use or disclose personal information without knowledge or consent if seeking the consent of the individual might defeat the purpose of collecting, using, or disclosing the information, such as in the investigation of a breach of an agreement or a contravention of a law or where it is reasonable to expect the consent may compromise the investigation.

BBAI may collect, use or disclose personal information without knowledge or consent in the case of an emergency where the life, health or security of an individual is threatened.

BBAI may use or disclose personal information without knowledge or consent to a lawyer or other officer of the court, to collect a debt, to comply with a subpoena, warrant or other court order, or as may be otherwise required or authorized by law.

Limiting Collection of Personal Information

BBAI shall limit the collection of personal information to that which is necessary for the purposes identified by BBAI. BBAI shall collect personal information by fair and lawful means.  BBAI collects personal information primarily for and from its clients and staff.

BBAI may also collect personal information from other sources including credit bureaus, employers or personal references, or other third parties who represent that they have the right to disclose the information.

Limiting Use, Disclosure, and Retention of Personal Information

BBAI shall not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual or as required or permitted by law. BBAI shall retain personal information only as long as necessary for the fulfillment of those purposes.

BBAI may disclose a client’s personal information to:

BBAI may disclose personal information about its employees to:

Only BBAI staff members with a business need-to know, or whose duties reasonably so require, are granted access to personal information about clients and staff members.

BBAI shall keep personal information only as long as it remains necessary or relevant for the identified purposes or as required by law. Depending on the circumstances, where personal information has been used to make a decision about a client or staff member, BBAI shall retain, for a period of time that is reasonably sufficient to allow for access by the client or staff member, either the actual information or the rationale for making the decision.

Accuracy of Personal Information

Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used. 

Personal information used by BBAI shall be sufficiently accurate, complete, and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about a client or employee. 

BBAI shall update personal information about clients and staff members as necessary to fulfill the identified purposes or upon notification by the individual.

Security Safeguards 

BBAI shall protect personal information by security safeguards appropriate to the sensitivity of the information.

BBAI shall protect personal information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction, through appropriate security measures, regardless of the format in which it is held.

BBAI shall protect personal information disclosed to third parties by contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used. 

All of BBAI’s staff members with access to personal information shall be required to respect the confidentiality of that information.

Openness Concerning Policies and Procedures

BBAI shall make readily available to clients and staff specific information about its policies and procedures relating to the management of personal information.

a) BBAI shall make information about its policies and procedures easy to understand, including: 

The title and address of the person or persons accountable for BBAI’s compliance with BBAI’s Privacy Code and to whom inquiries and/or complaints can be forwarded;the means of gaining access to personal information held by BBAI;a description of the type of personal information held by BBAI , including a general account of its use; anda description of what personal information is made available to related organizations (e.g. subsidiaries).

BBAI shall make available information to help clients and staff members exercise control for the collection, use and/or disclosure of their personal information and, where applicable, privacy-enhancing services available from BBAI.

Client and Staff Member Access to Personal Information

Upon request, BBAI shall inform a client or staff member of the existence, use, and disclosure of his or her personal information and shall give the individual access to that information. A client or staff member shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.  Upon request, BBAI shall afford clients and staff members a reasonable opportunity to review the personal information in the individual’s file. Personal information shall be provided in understandable form within a reasonable time, and at minimal or not cost to the individual.

In certain circumstances, BBAI may not be able to provide access to all the personal information that it holds about a client or staff member. For example, BBAI may not provide access to information if doing so would likely reveal personal information about a third party or could reasonably expected to threaten the life or security of another individual. Also, BBAI may not provide access to information if disclosure would reveal confidential commercial information, if the information is protected by solicitor-client privilege, if the information was generated in the course of a formal dispute resolution process, or if the information was collected in relation to the investigation and it is reasonable to expect the access would compromise the investigation or in relation to an investigation of a breach of an agreement or a contravention of the laws of Canada or a province.

Upon request, BBAI shall provide an account of the use and disclosure of personal information and, where reasonably possible, shall state the source of the information. In providing an account of disclosure, BBAI shall provide a list of third parties to which it may have disclosed personal information about the individual when it is not possible to provide an actual list.

In order to safeguard personal information, a client or staff member may be required to provide sufficient identification information to permit BBAI to account for the existence, use and disclosure of personal information and to authorize access to the individual’s file. Any such information shall be used only for this purpose.

BBAI shall promptly correct or complete any personal information found to be inaccurate or incomplete. Any unresolved differences as to accuracy or completeness shall be noted in the individual’s file. Where appropriate, BBAI shall transmit to third parties having access to the personal information in question any amended information or the existence of any unresolved differences.

Clients and staff members can obtain information or seek access to their individual files by contracting BBAI’s Privacy Officer.

Challenging Compliance

A client or staff member shall be able to address a challenge concerning compliance with the above principles to the designated person or persons accountable for BBAI’s compliance with BBAI’s Privacy Code.

BBAI shall maintain procedures for addressing and responding to all inquires or complaints from its clients and staff members regarding BBAI’s handling of personal information.

BBAI shall inform its clients and staff members about the existence of these procedures as well as the availability of complain procedures.

The person or persons accountable for compliance with BBAI’s Privacy Code may seek external advice where appropriate before providing a final response to individual complaints.

BBAI shall investigate all complaints concerning compliance with BBAI’s Privacy Code. If a complaint is found to be justified, BBAI shall take appropriate measures to resolve the complaint including, if necessary, amending its policies and procedures. A client or staff member shall be informed of the outcome of the investigation regarding his or her complaint.

Brian Brown,

President

Brian Brown & Associates Inc.