Overview

Who We Are

MBM Intellectual Property Law LLP and MBM Intellectual Property Agency (“MBM”, “we”, “our”, “us”) operate as sister partnerships, which are internally integrated and share the same website. MBM provides respective expertise in litigation, patent, trademark, industrial design, copyright, and other related intellectual property (“IP”) matters, with offices located in Ottawa, Vancouver, Calgary, Toronto, Montreal, and Halifax.

Scope of this Privacy Policy

MBM is dedicated to protecting the privacy and sensitivity of the information provided to us by visitors, clients, and other individuals with whom we interact (“you”, “your”). Accordingly, this Privacy Policy outlines our practices with respect of how we collect, use, protect, and disclose the information provided to us by visitors to our website at www.mbm.com (the “Website”), when we provide legal services to clients, or otherwise communicate with individuals (together the “Services”). The data that you provide to us may be used to directly or indirectly distinguish or identify a specific individual (“Personal Information”).

This Privacy Policy applies to all Personal Information we collect from individuals in association with the Website and Services or as otherwise disclosed to us. By providing us with your Personal Information, communicating with us, or otherwise using the Website or Services, you understand and agree to the terms set forth in this Privacy Policy.

Legal and Ethical Obligations

Privacy Legislation

Law firms, such as MBM, must comply with the privacy obligations set forth in the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the Canadian Standards Association Model Code for the Protection of Personal Information (incorporated by reference into PIPEDA). PIPEDA applies to Canadian private-sector organizations that collect, use, and/or disclose Personal Information in the course of for-profit commercial activities in Canada and gives users various rights concerning the privacy of their Personal Information.

In addition, Alberta, British Columbia, and Quebec have their own private-sector privacy laws with respect to the collection, use, and/or disclosure of Personal Information, which is considered to be substantially similar to PIPEDA. MBM complies with these provincial privacy laws as applicable.

Ethical Obligations

Moreover, as an IP law firm and agency, we have certain professional and ethical obligations to ensure client Personal Information is kept confidential in the context of a lawyer-client and agent-client relationship, respectively. To meet these obligations, we adhere to the rules of professional conduct established by the regulatory bodies in the provinces of Ontario, British Columbia, and Alberta, as well as the College of Patent Agents and Trademark Agents (CPATA). By using our Services, you acknowledge and agree that we will handle your Personal Information in accordance with these rules and regulations.

Information We Collect

Personal Information

Consistent with Canadian privacy legislation, “Personal Information” in this Privacy Policy refers to information about an identifiable individual or information that can be used to identify a particular individual. We do not collect any Personal Information from a visitor to the Website unless that visitor explicitly and intentionally consents to provide it. Under no circumstances do we collect any sensitive personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or sexual orientation. If you are simply browsing the Website, we do not gather any Personal Information about you.

While providing Services to you, MBM may collect Personal Information that can identify you as an individual, including, but not limited to:

  • Your full name.
  • Your age.
  • Your residential address and telephone number.
  • Your personal email address.
  • Your financial information.
  • Your driver’s license or similar government-issued identification.
  • Any other information you may disclose to us in connection with the Services, including details of your specific legal issues and surrounding circumstances.
  • Résumé details for job applicants, such as education, job experience, etc.
  • Information regarding your usage of the Website, such as details specific to your browser, internet protocol address, device, and operating system.

Personal Information will only be collected for specific identified purposes and consented to at the time of collection or as otherwise outlined in this Privacy Policy.

How We Collect Information

MBM collects all information, including Personal Information, only using lawful and commercially reasonable means. Typically, MBM collects Personal Information through the following:

  • Directly from you: You may be required to provide Personal Information to us at the beginning and throughout the course of a retainer in relation to our Services (e.g., driver’s license or other form of government-issued identification);
  • Public sources: In relation to the Services, we may acquire Personal Information available through public sources, such as government institutions.
  • Third parties: We may obtain Personal Information from third parties with which you have dealings, such as financial institutions, social media platforms, or other entities as applicable.
  • General correspondence with us: Personal Information may be disclosed to us via fax, email, telephone inquiry, the “contact us” link on the Website, government registries, and/or other professionals when we provide Services to you.
  • Registration for marketing information: You may provide certain information to us when you subscribe to our newsletter, register for MBM-hosted events, or participate in other marketing promotions.
  • Visiting the Website: When you visit the Website, we may collect non-identifiable information about your visit (e.g., statistical information about visitors to the Website).

Our Purposes for Collecting, Using and/or Disclosing Personal Information

Why We Collect Personal Information

MBM collects and uses your Personal Information to:

  • Provide you with the Services.
  • Communicate with you.
  • Assess any conflicts of interest.
  • Verify your identity to comply with anti-money laundering and other professional obligations.
  • Administer you as a client through our time and billing databases.
  • Issue invoices.
  • Execute direct marketing activities.
  • Optimize your experience when interacting with the Website, including tracking using analytic software.
  • Consider your application for employment.
  • Evaluate risks of fraud and minimize error.
  • Enforce a debt or other obligation.
  • Ensure compliance with applicable laws and regulations.
  • Analyze our Services, including monitoring of operations and client relationships.
  • Facilitate any other purpose for which is made known to you and to which you provide consent.

When We Disclose Your Personal Information

MBM does not disclose any Personal Information to third parties for marketing purposes without your consent or sell your information. MBM may disclose your Personal Information to third parties under certain circumstances, including:

  • when required or authorized to do so by applicable laws or court orders;
  • when you have consented to such disclosure;
  • when required to provide you with the Services;
  • when we must contract with a third-party service provider, contractor, or other entity on your behalf;
  • when required to collect fees or process payments;
  • when we must engage an expert witness on your behalf;
  • when we must engage an alternative law firm on your behalf (e.g., filing an application in a foreign country);
  • when the information is publicly available Personal Information, as applicable under Canadian privacy legislation; and/or
  • when using third-party vendors or other service providers to facilitate the hosting of the Website.

To Whom We Disclose Your Personal Information

Given our professional obligations to maintain the confidentiality of the information you provide to us or as obtained throughout the course of either a solicitor-client or agent-client relationship, we may share information with the following parties under strict adherence to confidentiality practices:

  • Internally between our offices, agents, lawyers, employees, affiliates, and subsidiaries.
  • Third parties or foreign agents on your behalf and at your request in relation to the Services.
  • Government institutions, both in Canada and in foreign jurisdictions, as required to provide you with the Services.
  • Third-party service providers, such as internet service or cloud computing providers.
  • Courts, tribunals, and administrative decision-makers.
  • Law enforcement or government entities as required by law.
  • Our insurers, auditors, financial advisors, or taxation experts.
  • Debt collection agencies.
  • To any other parties that may be required in connection with the Services to whom you would reasonably expect the disclosure of your Personal Information or for which you consent to the disclosure.

Consent to the Collection of Personal Information

MBM will seek your consent for the collection, use, and/or disclosure of your Personal Information. However, consent for the collection, use and/or disclosure of your Personal Information may also be obtained from you orally, and may be expressly given or implied. In determining how MBM obtains your consent, the sensitivity of the Personal Information that we are collecting, using, and/or disclosing will be considered.

Withdrawal of Consent

You may withdraw your consent to the use of your Personal Information by contacting our Privacy Officer by emailing general@mbm.com. When we collect information from you, you will be given the opportunity to opt out of receiving further information from us or any associated third party. We will explain the consequences if you decide to withdraw your consent for us to use your Personal Information. Any request to withdraw consent will be processed within the legally required time periods.

How We Store Personal Information

All Personal Information we collect is stored in secure environments, which are not available to the public, including but not limited to:

  • MBM offices;
  • the offices of our third-party service providers;
  • password-protected computer systems; and/or;
  • secured servers.

MBM keeps Personal Information for as long as it is reasonably necessary for us to complete our relationship with you, comply with our legal and regulatory obligations, or as may be required by law. We securely destroy any information that we no longer require for the intended purpose or as otherwise obligated by law.

Third-Party Service Providers/Contractors

If MBM engages a third-party service provider or contractor to provide services for you or on your behalf (e.g., administrative services, credit agencies, website hosting, etc.), the third-party service provider or contractor is required to protect your Personal Information in accordance with this Privacy Policy and our confidentiality requirements.

Cookies

Cookies are small data files stored temporarily in your computer’s memory, which websites use to remember certain information about you. When you visit this Website, MBM may send a cookie to your computer for a variety of reasons, including but not limited to:

  • allow users to use the Website and access its features;
  • enhance your online visits;
  • remember a user’s language preference;
  • identify browsing habits;
  • remember a user’s region; and/or
  • recognize the platform from which the Website is accessed.

Many Internet browsers are set to accept cookies automatically. You may disable the use of cookies or delete any stored cookies through your Internet browser preferences. Please note that aspects of this Website may not function as well if cookies are disabled.

Communication Through Our Website

MBM does not guarantee the confidentiality of any communication, in any form, transmitted via the Website. As such, we cannot ensure or warrant the security of any personal or confidential information you transmit or provide to us through the Website. Accordingly, should you wish to submit any confidential or sensitive Personal Information, please contact MBM directly prior to transmitting such information.

Marketing Communications by Email

From time to time, MBM may send electronic marketing communications to you by email. These communications typically include information that may be useful or of interest to you, such as new services, legal updates, or invitations to events. We will provide an option to unsubscribe or opt out of further communication on any electronic marketing communication sent to you.

Security

MBM takes all reasonable precautions to ensure that your Personal Information is protected from unauthorized access, alteration, or destruction. Some safeguards we have implemented include, but are not limited to:

  • security on physical premises;
  • restricted file access to Personal Information;
  • security software to prevent hacking or unauthorized computer access;
  • firewall-protected servers;
  • internal password and security policies;
  • confidentiality agreements signed by all employees; and/or
  • professional and ethical obligations (e.g., Rules of Professional Conduct under the Law Society of Ontario).

While we cannot guarantee the security of your Personal Information, we will make best efforts to reduce the risk of misuse or unauthorized access to your Personal Information.

Links to Third Party Websites

This Website may contain links to other third-party websites not owned, operated, or controlled by MBM. These third-party websites may also collect your Personal Information; however, they are not governed by this Privacy Policy. MBM takes no responsibility for the privacy practices of third-party websites. As such, MBM advises that all users review any third-party websites’ privacy policy before providing Personal Information.

Access to and Accuracy of Your Personal Information

You may request access to any Personal Information we hold about you and summary information is available upon request to general@mbm.com. Detailed requests that require archival or retrieval costs may be subject to professional and/or disbursement fees. We are committed to ensuring that the information that we hold about you is accurate. From time to time, we may ask you to confirm that your information is up to date. Additionally, at any time, you may request that your information be updated in our systems.

Questions and Challenging Compliance with this Privacy Policy

We strive to make our Privacy Policy as easy to understand as possible. If you wish to withdraw your consent to MBM’s use of your Personal Information, amend any of your Personal Information, and/or if you have any questions, comments or concerns about this Privacy Policy, the data that we collect, use and/or disclose, or to report suspected misuse of that data, please contact us at general@mbm.com.

Changes to the Privacy Policy

MBM reserves the right to amend this Privacy Policy at any time without notice. Amendments become effective upon their posting to the Website. Please check the Website from time to time to ensure you are aware of our current policy.

 

This Privacy Policy was last modified in May 2023.