Privacy Policy

Our Commitment to Privacy

BCA Claims and Consulting Limited is a business specialising in claims adjusting and consulting. It is incorporated in British Columbia, Canada (corporation number BC1312887). Its principal place of business is 605 – 1185 West Georgia Street, Vancouver, British Columbia, V6E 4E6. “Barnescraig and Associates” is a registered business name in British Columbia. BCA Claims and Consulting Limited (collectively “BCA”, “we” or “us”) are committed to maintaining the security, confidentiality and privacy of your personal information. This Policy explains how we collect, use and disclose personal information concerning our clients and other individuals (“you”) other than our professionals, employees and agents. This Policy has been developed in compliance with applicable privacy legislation.

Any personal information that is provided to BCA is treated with care and is subject to this Policy and applicable law. Your information will not be used or disclosed in any way that you have not consented to, as set out below.   Our professionals, employees and agents are also subject to professional and ethical obligations relating to the confidentiality of information received in the context of providing legal services.

When you provide your personal information to BCA you are providing your consent to the collection, use and disclosure of your personal information as set out in this Policy. If you do not consent to the collection, use and disclosure of your personal information please do not provide any personal information to BCA. Some services, however, may not be able to be provided without the disclosure of personal information.

What is Personal Information

Personal information is information about an identifiable individual or information that permits an individual to be identified.   Generally, this does not include business contact information such as your name, title, business address or business telephone number.

You may be asked to provide personal information of yourself or other persons, including witnesses, employees, family members, adverse parties, or other people involved in claims. Information requested may include their name, date of birth, home address, financial and credit information, billing and account information and other information that may be relevant to the legal services that are being provided to you.

Information that is generally publicly available is not subject to this Policy.

Our Commitment

BCA takes responsibility for maintaining and protecting the personal information under our control.   We have appointed a Privacy Officer who can be contacted directly by you and who is responsible for our ongoing compliance with this Policy, applicable legislation and our best practices.

Purposes for which Personal Information is Collected

In the course of providing claims management and adjusting services to our clients, BCA requires access to all relevant information that relates to the claims made and their surrounding circumstances. Some of the information required to perform our services will include personal information about our clients and other individuals. BCA collects, uses and discloses personal information as required to perform our services and meet the purposes identified herein. Typically we collect personal information that is voluntarily provided by the individual in question. At times, however, we may collect information from other sources such as government bodies or third parties such as employers, references and service providers, as permitted by law.

We collect, use and disclose personal information for purposes identified at the time the information is collected or as permitted or required by law, which purposes include but are not limited to the following:

  • To provide our claims management and adjusting services; 
  • To comply with our professional obligations, including rules regarding client identification and verification; 
  • To establish and maintain client and supplier relationships, including whether to establish such a relationship; 
  • To fulfill legal duties and avoid conflicts of interest; 
  • To communicate with our clients; 
  • For administrative, management and business purposes such as to administer accounts, issue invoices, evaluate credit standing and fulfill contractual obligations; 
  • To manage, develop and evaluate our business and operations; 
  • To comply with legal and regulatory requirements; and 
  • For any other purpose for which we have your consent. 

We may also use the information to communicate with you and others for the purposes of providing newsletters, invitations to events, and other communications which we consider may be of interest to you or for survey purposes and to evaluate client services and satisfaction. If you do not want us to use your personal information for these additional purposes, you may notify us at any time by providing written notice to our Privacy Officer. You will not be refused services merely because you have advised us to stop using information for these additional purposes.

Group Activities

BCA may use, collect or disclose personal information they collect internally, or disclose it to other entities in the DWF Group (some of which may be outside Canada), where relevant for the purposes of providing our services. A basis for use or disclosure will include, but not be limited to:

– to facilitate file opening on firm platforms and client identification activities, including Anti-Money Laundering processing requirements and conflict searches 

– to facilitate transaction management

– to facilitate financial transaction management including making payments and depositing cheques. 

– to facilitate information technology support in the context of managing the filing system, creating and accessing backups of client files and information. to facilitate internal legal advice on client files 

– the provision of claims management and/or adjusting advice on client files where relevant knowledge is possessed elsewhere in the group;

– where you instruct us in respect of any of your matters to work in conjunction with our offices in another province or country.

BCA may use, collect or disclose personal information they collect internally in respect of their employees, to the extent that this is relevant in its role as an employer, or otherwise in relation to the terms of their engagement with our businesses:

– to facilitate central shared administration functions, which includes access to group intranet data, redirecting email communications and processing multi-party complaints 

– to facilitate HR management and support in relation to employee management, hiring, terminations, rewards, adjustments and payroll

– to facilitate information technology management through providing access to equipment, issuing email addresses, recording remote resources and issuing telephone numbers.

The DWF Group entities receiving this information for the purposes listed above may be located in any of the regions specified on the Group’s location page at: https://dwfgroup.com/en/locations. The DWF Group’s global Privacy Notice, including the details of its data protection officer who can answer queries about internationalised data, can be found at https://dwfgroup.com/en/notices/dwf-privacy-notice.

Consent

Personal information is provided to us in confidence and we do not disclose the information to any third party except with actual or implied consent or as permitted or required by law. We do not exchange or sell personal information. By providing personal information to us, you agree that we may collect, use and disclose such personal information as set out in this Privacy Policy and as otherwise permitted or required by law.

When appropriate, we will ask for specific consent to collect, use and disclose personal information. This may be done in writing or orally. In some circumstances consent is implied through the individual relationship or conduct. Your consent can also be provided through an authorized representative such as a lawyer, agent or broker. Examples of when we may collect, use or disclose personal information without your knowledge or consent are:

  • The personal information is publicly available from a prescribed source, such as a telephone directory; 
  • BCA is collecting or paying a debt; and 
  • It is reasonable to expect that obtaining consent would compromise an investigation or proceeding. 

We may also obtain personal information without your knowledge or consent from witness statements in the course of advising on an insurance claim. 

You are able to withdraw your consent with reasonable notice at any time, subject to legal or contractual restrictions.   Upon receipt of a notice of withdrawal of consent, we will inform you of the likely consequences of the withdrawal of consent, which may include our inability to provide services for which that information is necessary.

Disclosure of Personal Information

BCA may disclose your personal information, subject to our professional obligations and for the purposes of providing our services, to third parties including parties in litigation with our client or another party, and their counsel, witnesses, service providers, as well as experts in the context of legal proceedings and business transactions or as permitted by law.

BCA may also disclose your personal information when we have your permission to do so or we may disclose such information to your agent. Further, BCA may disclose your personal information to government or regulatory entities that have asserted their lawful authority to obtain the information or to comply with other legal requirements such as a subpoena or an order of the court.

Storing and Protecting Your Personal Information

BCA strives to protect your personal information by security safeguards appropriate to the sensitivity of the personal information. Our security safeguards are those customarily found in the professional services firms and include premises security, organizational restrictions to information, and technological measures, such as security software and firewalls to prevent unauthorized computer access, internal passwords and security policies.

Access and Accuracy of Your Personal Information

You have a right to access your personal information held by BCA. You may request access to your personal information and information about our collection, use and disclosure of that information by contacting our Privacy Officer in writing at the address indicated above. We do reserve the right to confirm your identity before complying with any access request. Access may be denied if required or authorized by law, including in accordance with the requirements of client confidentiality or solicitor-client privilege. If a request for access is denied, we will provide an explanation of the reasons for the refusal.

BCA strives to ensure your personal information is accurate. You may challenge the accuracy of your personal information in our custody, and BCA will amend personal information where appropriate.

Our Privacy Policy only applies to information collected by BCA. We are not responsible for the privacy practices and policies of third parties.

BCA reviews our policies and best practices on a periodic basis and will post any revised or updated policy from time to time as required.

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