Kohm Arbitration & Mediation Inc.

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. Kohm Arbitration & Mediation Inc. (the ”Firm”) recognizes the importance of privacy and recognizes the sensitivity of personal information received by us in the course of our providing arbitration and mediation services (the “Services”).

We recognize our professional obligation to maintain the confidentiality of our client’s information and recognize our obligation 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 provide Services to our clients, we need to access relevant facts and information. 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 the Firm for the provision of Services, an individual consents to our necessary collection, use, or disclosure of the individual’s personal information in order to properly provide the Services.

It is our policy to collect personal information about individuals other than our clients in accordance with the provisions of the Personal Information Protection 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 written or oral 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.

Releasing Information

We do not sell any information about our clients or other individuals about whom we have obtained personal or other information. We only disclose personal information to others in the following circumstances:

  • We have consent.
  • The other person is our supplier or agent who assists us in providing Services to our clients.
  • We are required or permitted to do so by law.

Use of Personal Information

We use the information you provide about yourself to fulfill your requests for our Services, to respond to your inquiries about our Services, or to invite you to subscribe to our online newsletter, or to offer you other services that we believe may be of interest to you.

Website

When you visit our website, your IP address and dates and times of access will be logged. This information is used purely to analyze trends, administer the site, track user movement and gather broad demographic information for internal use. IP addresses are not linked to personally identifiable information.

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 about other individuals during the course of providing our services. 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 their personal information under our control is not absolute. The Act provides, for example, that we must not disclose personal information when:

  • The disclosure would reveal personal information about another individual.
  • 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 the disclosure of their identity.

The Act further provides that we are not required to disclose personal information when, for example:

  • 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.
  • Personal information was collected or created by a mediator or arbitrator in 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 law permits individuals to submit written requests to us to correct errors or omissions in their personal information 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 at:

Kohm Arbitration & Mediation Inc.

250 – 997 Seymour Street

Vancouver, BC V6B 3M1

Email: privacy@joelkohmadr.ca

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:

PO Box 9038, Stn Prov Govt Victoria; BC V8W 9A4

Telephone 250.387.5629

Fax 250.387.1696

[Updated to April 4, 2023]