Fogler, Rubinoff LLP ("FR") recognizes the importance of
privacy and the sensitivity of personal information that we collect, use and
disclose in providing legal services. As lawyers we have a professional
obligation to keep confidential all information we receive within a
lawyer-client relationship. We are committed to protecting any personal
information we hold. This Privacy Policy outlines how we manage your personal
information and safeguard your privacy.
What is Personal Information? Personal
information includes any information about an identifiable individual. It is not
usually information such as the name, title, business address, or telephone
number of an employee of an organization.
Your Privacy Rights - All
businesses engaged in commercial activities must comply with the Personal
Information Protection and Electronic Documents Act ("PIPEDA"). These
obligations extend to lawyers and law firms, including FR. PIPEDA gives you
rights concerning the privacy of your personal information.
FR is responsible for the personal information we
collect and hold. To ensure this accountability, we have developed policies and
procedures with the objective of protecting personal information, and have
trained our lawyers and support staff about our policies and practices.
Why does FR need personal information?
FR collects, uses and discloses personal information
in the course of providing legal services to our clients. Specifically, some of
the purposes are:
- to manage our client relationships, including
performing conflict checks and credit checks, if necessary, on prospective
clients
- to provide legal services in the course of legal
proceedings, such as during litigation, mediation and arbitration proceedings.
This may mean that personal information is disclosed to any involved third
party, such as courts, other lawyers, judicial decision makers, witnesses, and
more
- to provide legal services in the course of business
transactions, where the personal information is disclosed to other parties
involved in the transfer, mortgage, sale, amalgamation, etc.
- to evaluate client satisfaction through communication
with clients and other individuals
- to comply with legal requirements which mandate the
release of personal information
- to maintain our document system, precedent files, and
memorandum bank
- to protect our clients by checking for internal error,
fraud, theft, etc., as needed or as required
- to distribute direct marketing materials concerning our
services, developments in the law, and other firm matters. If you tell us that
you do not wish to continue receiving information about our services, or about
new developments in the law, we will not send you any further
material.
What personal information do we collect? We collect personal
information such as your name, address, telephone number, billing and account
information and any information that is necessary and related to the legal
services we are providing you with. This could range from contract documents to
information about your business practices to information about your family
members who are beneficiaries under your will.
How do we collect your personal information? We collect
information only by lawful and fair means and not in an unreasonably intrusive
way. Wherever possible, we collect your personal information directly from you,
at the start of a retainer and in the course of our representation.
Sometimes we may obtain information about you from other sources. For
example, we may obtain information from:
- your insurance company
- your real estate agent in a property transaction
- a government agency or registry
- your employer, if we are acting for you, at its request
- your accountant
- your bank.
Consent - In most cases, we shall ask you to specifically
consent if we collect, use, or disclose your personal information. Normally, we
ask for your consent in writing, but in some circumstances, we may accept your
oral consent. Sometimes, your consent may be implied through your conduct with
us.
Disclosure of your Personal Information - FR does not
disclose your personal information to any third party to enable them to market
their products and services. For example, we do not provide our client mailing
lists to other law firms or organizations. Under certain circumstances, FR will
disclose your personal information:
- when we are required or authorized by law to do so, for example if a court
issues a subpoena; when you have consented to the disclosure
- where it is necessary to establish or collect fees
- if we engage a third party to provide administrative services to us (like
computer back-up services or archival file storage) and the third party is bound
by our Privacy Policy
- if we engage expert witnesses on your behalf
- if we retain other law firms in other jurisdictions, on your behalf
- if the information is already publicly known.
When the legal services we are providing to you require us to give your
information to third parties, your consent will be implied, unless you tell us
otherwise.
Updating Your Information - Since we use your personal
information to provide legal services to you, it is important that the
information be accurate and up-to-date. If during the course of the retainer any
of your information changes, please inform us so that we can make any necessary
changes to our records.
Is My Personal Information Secure? FR takes all reasonable
precautions to ensure that your personal information is kept safe from loss,
unauthorized access, modification or disclosure. Among the steps taken to
protect your information are:
- premises security
- restricted access to files that contain personal information
- deploying technological safeguards like security software and firewalls to
prevent hacking or unauthorized computer access
- internal password and security policies.
Access to Your Personal Information - You may ask for access
to any personal information we hold about you. Summary information is available
on request. More detailed requests which require archive or other retrieval
costs may be subject to our normal professional and disbursement fees.
Correcting Errors - If FR holds information about you and
you advise us that it is not accurate, complete and up-to-date, FR will take
reasonable steps to correct it.
Can I be Denied Access to My Personal Information? Your
rights to access your personal information are not absolute. We may deny access
when:
- denial of access is required or authorized by law
- information relates to existing or anticipated legal proceedings against you
- granting you access would have an unreasonable impact on other people's
privacy
- protecting our firm's rights and property
- the request is frivolous or vexatious.
If we deny your request for access to your personal information, or refuse a
request to correct information, we shall explain why. FR does not use your
Social Insurance Number as a way of identifying or organizing the information we
hold about you.
Credit Bureaus - To help us make credit decisions about
clients, prevent fraud, check the identity of new clients and prevent
money-laundering, we may, on occasion, request information about you from the
files of consumer reporting agencies.
Communicating with Us - You should be aware that e-mail is
not a 100% secure medium, and you should be aware of this when contacting us to
send personal or confidential information.
Requests for Access - If you have any questions, or wish to
access your personal information, please write to our Privacy
Contact:
Privacy Officer
Fogler, Rubinoff LLP
95
Wellington Street
West
Suite 1200
Toronto-Dominion Centre
Toronto, ON M5J
2Z9
Privacyofficer@foglers.com
If you are not satisfied with our
response, the Privacy Commissioner of Canada can be reached at:
112 Kent
Street
Place du Ville Tower, 3rd Floor
Ottawa, Ontario K1A
1H3
1.800.282.1376
Employment
Inquiries - If you apply to FR for a job,
we need to consider your personal information as part of our review process. We
normally retain information from candidates after a decision has been made,
unless you ask us not to retain the information. If we offer you a job, which
you accept, the information will be retained in accordance with our privacy
procedures for employee records.
Website - Our website contains links to other sites, which
are not governed by this Privacy Policy.
On our website, like most other commercial websites, we may monitor traffic
patterns, site usage and related site information. This is done in order to
optimise our web service. We may provide aggregated information to third
parties, but these statistics do not include any identifiable personal
information.