West Coast Title Search Ltd.
West Coast Title Search Ltd. (“WCTS”, “we”, “our” or “us”) has been serving the legal community and other professional clients since 1969. The nature of our work means that we are regularly entrusted with legal documents, court and registry information, and other information that may be personal, sensitive, confidential or legally privileged.
Protecting that information is an important part of the work we do.
This policy explains how we collect, use, disclose, protect and retain personal information in the course of providing our services.
Privacy Legislation
WCTS is a British Columbia company and is principally governed by British Columbia’s Personal Information Protection Act (“PIPA”).
The federal Personal Information Protection and Electronic Documents Act (“PIPEDA”) may apply to personal information collected, used or disclosed in the course of certain interprovincial or international commercial activities.
Nothing in this policy affects solicitor-client privilege or any other legal privilege or protection that may apply to documents or information entrusted to us.
Personal Information
Personal information is information about an identifiable individual.
Under PIPA, personal information does not include business contact information, such as a person’s name, position, business address, business telephone number or business email address, when that information is used to contact the person at a place of business.
Although business contact information is not considered personal information under PIPA, we handle it responsibly and protect it where appropriate.
Accountability
WCTS has a designated Privacy Officer who is responsible for overseeing our privacy practices and compliance with applicable privacy legislation.
Our Privacy Officer is also the point of contact for questions or concerns about the way we handle personal information and for requests to access or correct personal information under our control.
Information We Collect and Handle
We collect only the information reasonably necessary to operate our business and provide the services requested by our clients.
Depending on the work involved, this may include:
- information required to establish and manage a client account;
- information reasonably required to assess creditworthiness;
- billing and payment information;
- client contact and service information;
- legal and case-related documents provided by clients;
- court, land title, corporate and other registry information;
- information necessary to locate or identify an individual for process serving, skip tracing or related work;
- information obtained from government agencies or other authorized sources;
- correspondence and communications relating to work we have been asked to perform; and
- technical information, such as IP addresses and browser information, generated through use of our website or client web portal.
We do not collect personal information simply because it is available. Information is collected for a legitimate business purpose, to perform work requested by a client, or where collection is otherwise permitted or required by law.
Information We Handle for Our Clients
Much of the personal information handled by WCTS is not information about our clients themselves. It is information our clients provide to us, or ask us to obtain, so that we can carry out work on their behalf.
Depending on the assignment, that information may relate to parties to legal proceedings, persons being served, witnesses, debtors, property owners, corporate officers or directors, vehicle owners, or other individuals connected with the work.
When information is provided to us by a client, or collected by us on a client’s behalf, we use it only as reasonably necessary to carry out the client’s instructions, complete related administrative and billing functions, meet our legal obligations, or for another purpose permitted by law.
WCTS relies on its clients to provide personal information, and instructions concerning that information, only where they are authorized to do so.
How We Use Personal Information
We use personal information primarily to provide the services requested by our clients.
This includes carrying out court and registry work, process serving, searches and related assignments; communicating with clients about their work; delivering and retrieving documents; billing for our services; processing payments; and maintaining necessary business and financial records.
We may also use personal information where reasonably necessary to protect our business and computer systems, collect amounts owing to us, investigate fraud or other unlawful activity, respond to legal proceedings, or meet a legal or regulatory requirement.
We will not use personal information for an unrelated purpose unless we have the consent required to do so or the use is otherwise permitted by law.
Consent
Where consent is required, we will obtain appropriate consent before collecting, using or disclosing personal information.
Consent may be express or implied. For example, consent may be implied where the purpose is obvious and an individual voluntarily provides information for that purpose.
An individual may withdraw consent on reasonable notice where the law allows it. In some circumstances, withdrawing consent may prevent us from providing a particular service.
Consent cannot be withdrawn where doing so would prevent the performance of a legal obligation or where we are otherwise permitted or required to continue handling the information.
Privacy legislation also permits personal information to be collected, used or disclosed without consent in certain circumstances. These include situations where it is required or authorized by law, where information comes from a public source recognized by law, where the information is necessary for certain investigations or legal proceedings, for debt collection, and in other circumstances provided for by privacy legislation.
Disclosure of Information
WCTS does not sell personal information.
Many of the services we provide necessarily involve delivering information or documents to courts, registries, government bodies, agents, process servers, couriers or other persons involved in completing the client’s instructions.
We also use outside companies to provide some of the technology and professional services necessary to operate our business. Where a service provider handles personal information on our behalf, we take reasonable steps to ensure that appropriate confidentiality and security safeguards are in place.
We may also disclose information where authorized by the client or individual concerned, or where disclosure is permitted or required by law.
Client Documents and Confidentiality
We understand the particular importance of confidentiality in the work we perform. Many of the documents entrusted to us contain sensitive information and may be protected by solicitor-client privilege, litigation privilege or other legal protections.
Access to client documents and information is limited to WCTS personnel who require it to perform their work. Our employees are required to maintain confidentiality, and we use physical, administrative and technical safeguards appropriate to the information we handle.
Documents and information entrusted to WCTS are used only for the purpose for which they were provided to us, for necessary related business purposes, or where otherwise permitted or required by law.
Credit Card Information
WCTS uses a third-party payment processor for credit card transactions.
Credit card information received by WCTS for a transaction is not stored in our computer systems or retained in our offices once the transaction has been completed. Any temporary record of credit card information in our possession is securely destroyed when it is no longer required.
Information Obtained from ICBC
From time to time, clients ask WCTS to obtain driver information or motor vehicle insurance information from the Insurance Corporation of British Columbia (“ICBC”).
These searches are conducted only where the client has provided the information, documentation or legal authority required for the request.
Driver and motor vehicle insurance information received from ICBC is subject to specific handling requirements. It is received by WCTS by facsimile and is accessible only to authorized staff. The information is transmitted to the client who requested the search and the copy received by WCTS is then securely destroyed.
Driver and motor vehicle insurance information received from ICBC is not entered into, uploaded to or stored in WCTS computer systems or electronic files. WCTS does not maintain a database or other electronic record of ICBC search results.
We retain only the administrative information necessary to record that the service was requested and performed and to bill the client. We do not retain the driver or motor vehicle insurance information provided by ICBC.
If information received from ICBC does not correspond with the authorized request, we follow the required procedure for dealing with the discrepancy and securely destroy information that should not have been received.
Security and Canadian Data Storage
WCTS uses physical, administrative and technical safeguards appropriate to the nature and sensitivity of the information we handle.
We have made a deliberate decision to keep our electronic data in Canada. WCTS data under our control is stored on servers located in Canada, and we have worked with our information technology service provider to maintain Canadian data storage.
Our security measures include, where appropriate, password and user-access controls, encryption, firewalls and network security, physical security, restricted access based on job responsibilities, secure methods of transmitting and destroying information, and appropriate backup and system security measures.
We regularly review our security practices and make changes as technology, risks and business requirements evolve.
If a privacy or security incident occurs, we will investigate it, take reasonable steps to contain and address it, and make any notifications required by applicable law.
Accuracy
We make reasonable efforts to ensure that personal information under our control is accurate and complete where it will be used to make a decision affecting an individual or disclosed to another organization.
Much of the information we handle comes directly from clients, courts, registries, government agencies and other third parties. We necessarily rely on those sources for the accuracy of the information they provide.
Retention and Destruction
We keep personal information only for as long as it is reasonably required to provide our services, meet legitimate business needs and satisfy legal, regulatory or contractual requirements.
Because we handle many different kinds of information, not every record has the same retention period.
When personal information is no longer required, it is securely destroyed or identifying information is removed from it, subject to any legal or business requirement that requires us to retain it.
Where personal information has been used by WCTS to make a decision that directly affects an individual, we retain the information for the period required by PIPA so that the individual has a reasonable opportunity to obtain access to it.
ICBC driver and motor vehicle insurance information is handled separately, as described above, and is not stored in our electronic systems.
Our Website and Client Web Portal
Our website and secure client web portal may use cookies and similar technologies for security, session management, user authentication and website operation. We may also collect technical information that helps us maintain the security and performance of these services.
Most browsers allow users to control cookies through their browser settings. Disabling cookies necessary for security or authentication may prevent some website or portal functions from working properly.
Our website may contain links to websites operated by other organizations. We are not responsible for the privacy practices or security of those websites.
Access and Correction
Subject to the exceptions contained in applicable privacy legislation, an individual may ask to see personal information about them that is under WCTS’s control.
Where required by law, an individual may also request information about how that information has been used and the individuals or organizations to whom it has been disclosed.
An individual may also ask us to correct personal information they believe is inaccurate or incomplete.
A request should be made in writing to our Privacy Officer and should contain enough information for us to identify the information being requested.
Under PIPA, we will normally respond within 30 days after receiving a request. That period may be extended in circumstances permitted by the Act.
There are circumstances in which we may be unable to provide access to some or all of the requested information, including where disclosure would reveal personal information about another individual or information protected by solicitor-client privilege or another legal privilege.
If access is refused, we will provide the information and explanation required by applicable privacy legislation.
Where information originated with a client, court, registry, government agency or other organization, an individual may need to contact the organization responsible for the original record to have it corrected.
Questions and Complaints
Anyone with a question or concern about WCTS’s privacy practices should contact our Privacy Officer.
Privacy complaints will be reviewed and, where appropriate, investigated. We will respond to the person making the complaint and advise them of the outcome of our review.
An individual may also have the right to make a complaint to, or request a review by, the Office of the Information and Privacy Commissioner for British Columbia in accordance with PIPA.
Privacy Officer
Ruth Balfour
General Manager / Privacy Officer
West Coast Title Search Ltd.
99 Sixth Street
New Westminster, BC
Telephone: 604-659-8602
Email: ruth@wcts.com
Changes to This Policy
We review this policy from time to time and may update it as our services, business practices, technology or legal requirements change.