Last updated: August 21, 2024

Privacy Policy

The Personal Information Protection Act (“the 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. Cunningham Law Corporation recognizes the importance of privacy and recognizes the sensitivity of personal information received by us in the course of our legal practice.

We recognize our professional obligation to maintain the confidentiality of our clients’ information and recognize our obligations concerning the personal information of all individuals that we collect, use, or disclose in our practice. This policy has been developed with those obligations in mind.

Our need for personal information

In order to be able to give 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.

Collection, use, and disclosure of personal information

Where practical, 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.

By retaining us 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.

It is our policy to collect personal information about individuals other than our clients in accordance with the provisions of the Act.

The 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 will collect, use or disclose personal information without obtaining a written or verbal consent to do so.

The 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;
•   the personal information is available to the public from a prescribed source;
•   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.

Security of personal information

We recognize our professional and legal obligations to protect the confidential information of our clients. We recognize as well our legal obligations to protect the personal information we have gathered about our clients and other individuals during the course of our practice of law.

We have therefore made arrangements to secure against the unauthorized access, collection, use, disclosure, copying, modification, disposal, or destruction of personal information.

Requests for access to personal information

The 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 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 law permits us to charge.

An individual’s ability to access his or her personal information under our control is not absolute.

The 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; and
•   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 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; and
•   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;
•   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, an enactment, or court order. 

Requests for correction of personal information

The law 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 us at info@cunninglaw.ca.

Terms of Use

By accessing, reading, and making use of this site (www.cunninglaw.ca or www.cunninghamlaw.ca), you agree, on your own behalf and on behalf of any entity on whose behalf you may be acting, to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, you should not use this site.

Ownership and usage

Copyright: All text, images, audio, visual recordings, or code on this site are Copyright © Cunningham Law Corporation unless otherwise indicated.

Permitted uses: Cunningham Law Corporation only grants permission for the non-commercial, personal, or educational use of this site, provided that you do not modify any content on this site.

No other use is permitted. Without limiting the generality of the foregoing, you may not: 

1.    make any commercial use of such content;
2.    copy such content onto your or any other website;
3.    include such content in or with any product that you create or distribute; or
4.    transmit, transcribe, reproduce, store, or translate such content into any other form, in whole or in part.

Linking agreement

If you wish to link to this site, you may do so, provided you agree to the conditions described below:

If you link to this site, your website:

•   may not imply that Cunningham Law Corporation is endorsing you, your products, or your services;
•   may not imply an affiliation between you or any entity on whose behalf you may be acting without the prior written consent of Cunningham Law Corporation;
•   may not misrepresent your relationship with Cunningham Law Corporation or present false or misleading impressions about Cunningham Law Corporation or its services; and
•   may not contain content that may be interpreted as distasteful or offensive.

Cunningham Law Corporation shall have no responsibility or liability for any content appearing on your website. We may at any time, in our sole discretion, immediately terminate your right to link to this site, with or without cause. If we exercise this right, you will immediately remove all links to this site.

By establishing a link to this site, you will be deemed to have agreed to these conditions.

Websites linked to this site

Cunningham Law Corporation makes no representations or warranties, and does not endorse, any website that is linked to this site, the contents of any such website, the information appearing on any such website, or any of the products or services described on any such website. The fact that a website is linked to this site does not imply that Cunningham Law Corporation sponsors, endorses, or is affiliated or associated with the entity that owns or is responsible for the website.

Disclaimer

Any use of or reliance on this site or the contents of this site shall be at your sole risk. The information provided on this site is not intended to be legal advice and you agree that it will not be relied upon as such. Cunningham Law Corporation makes no representation or warranty of any kind regarding this site or the contents of this site, all of which are provided on an “as is” basis. Without limiting the generality of the foregoing, Cunningham Law Corporation makes no warranty as to the accuracy, quality, or completeness of the contents of this site, nor to the absence of any software virus or other harmful component. Cunningham Law Corporation also does not warrant that this site will continue to operate, will operate without interruptions, or that it will be error-free.

Limitation of liability

In no event shall Cunningham Law Corporation be liable for any damages whatsoever, including (without limiting the generality of the foregoing) any direct, indirect, incidental, special, punitive, or consequential damages, arising from or in connection with your use of, access to, or your reliance on this site, any contents of this site, any external links on this site, any website linked to this site, or any contents thereof.

Amendments 

Cunningham Law Corporation retains the right to amend these Terms of Use at any time. Changes will be effective when the changed Terms of Use are posted on this site. You should check the Terms of Use frequently for changes by checking the date this page was last updated, at the top of this page. If any change to the Terms of Use is not acceptable to you, you should discontinue your use of this site immediately. Your continued use of this site after changes to the Terms of Use are posted thereon will constitute acceptance of the changes.