1. From January 1, 2004, all businesses engaged in commercial activities must comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”), and the Canadian Standards Association Model Code for the Protection of Personal Information, which it incorporates. These obligations extend to lawyers and law firms, including DAVID BARRISTERS Professional Corporation. The Act gives you rights concerning the privacy of your personal information.
2. DAVID BARRISTERS Professional Corporation is responsible for the personal information we collect and hold. To ensure this accountability, we have developed this policy, and trained our lawyers and support staff about our policies and practices.
3. DAVID BARRISTERS Professional Corporation requires personal information to provide you with legal services.
4. Personal information is any information that identifies you, or by which your identity could be deduced.
5. We collect information by lawful and fair means.
6. 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 (or your children) from other sources: for example,
7. We shall ask you to consent to 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.
8. We use your personal information to provide legal advice and services to you and to administer our client (time and billing) database.
9. DAVID BARRISTERS Professional Corporation 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.
10. Under certain circumstances DAVID BARRISTERS Professional Corporation will disclose your personal information, examples of which include but are not necessarily limited to:
(a) when we are required or authorized by law to do so, for example if a court issues a Summons to Witness;
(b) when you have consented to the disclosure;
(c) when the legal services we are providing to you requires us to give your information to third parties, your consent will be implied, unless you tell us otherwise;
(d) where it is necessary to establish or collect fees;
(e) if we engage a third party to provide administrative services to us (like computer back-up services or archival file storage);
(f) if we engage experts on your behalf;
(g) if we retain other law firms on your behalf;
(h) if the information is already publicly known.
11. Since we use your personal information to provide legal services to you, it is important that the information be accurate and up-to-date.
12. If during the course of the retainer, any of your information changes or needs correction, please inform us so that we can make any necessary changes.
13. DAVID BARRISTERS Professional Corporation 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:
14. 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 by email.
15. You may ask for access to any personal information we hold about you. Simple information will be provided to you on request. More detailed requests which require archive or other retrieval costs may be subject to our normal professional and disbursement fees. All requests will be addressed by DAVID BARRISTERS Professional Corporation within a reasonable time.
16. Your rights to access your personal information are not absolute.
17. We may deny access when:
18. If we deny your request for access to, or refuse a request to correct information, we shall explain why.
19. DAVID BARRISTERS Professional Corporation does not use your Social Insurance Number as a way of identifying or organizing the information we hold about you.
20. Whenever it is legal and practicable, we may offer the opportunity to deal with general inquiries without providing your name (for example, by accessing general information if we acquire a website).
21. The Proceeds of Crime (Money Laundering) and Terrorist Financing Act requires us to confirm the identity of all new clients. It may also require us to disclose information to FINTRAC in relation to certain large cash transactions.
23. If you apply to DAVID BARRISTERS Professional Corporation 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.
24. If you have any questions, or wish to access your personal information, please contact to our Privacy Officer Sally Candelora in writing at 1200 Bay Street, Suite 800, Toronto, Ontario, M5R 2A5.
25. If you are not satisfied with our response, the Privacy Commissioner of Canada can be reached at 112 Kent Street, Ottawa Ontario, K1A 1H3 1.800.282.1376.