Privacy Policy

 

MB recognizes the importance of protecting the personal information that has been entrusted to us. This policy outlines the framework of MB’s policies and procedures regarding its collection, use, retention, and disclosure of personal information in respect of its clients and others. This policy supplements, where applicable, our professional obligations of confidentiality and solicitor-client privilege.

McCague Borlack LLP has updated this policy in light of Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), as it now extends to most businesses in Canada.  

 

 

Applicability

 

PIPEDA changes the way businesses and other organizations are permitted to collect, use, and disclose personal information in the course of commercial activities.

 

PIPEDA is a federal law that prohibits most businesses (wherever located) from collecting, using, or disclosing personal information about an individual in Canada in the course of commercial activities unless the individual’s informed consent is first obtained. PIPEDA also creates mandatory operational standards for the handling of personal information.

 

 

“Personal information” is broadly defined. Essentially, it is any personal information about an identifiable individual, including a person’s address, birth date, identification numbers, income, ethnicity, blood type, passwords, interests, hobbies, habits, sexual orientation, medical records and history, loan and credit records, etc.

 

“Personal information” does not include the name, title, business address/telephone number/email address of an individual. This “business card information” exception exists to permit day-to-day commercial activity. For example, an employer may post business card information about an employee on its website (e.g. as a representative that the public, customers, or suppliers can contact). Such information is public information.

 

 

When MB is retained to act on behalf of a client, we use, retain, and disclose personal information on behalf of, and as instructed by, that client in connection with our advice. Our use, retention, and disclosure of such information are governed by our duty of confidentiality to our client and, as applicable, by solicitor-client privilege.

 

 

MB collects personal information in order that we may provide legal services to our clients. 

 

Any “business card information” collected from our clients, vendors, or prospective clients is used strictly for business communications. We do not sell this information to third parties. If requested, we may add them to our mailing list so they may receive our publications or invitations to business events. At any time, they may unsubscribe from this list.

 

 

MB only collects personal information by lawful means and only that information which is reasonably necessary for the purposes identified. Whenever possible, we collect personal information about clients and other individuals directly from those parties or through referrals by persons who such parties have requested to provide us with such information.

 

Occasionally, MB may obtain information about clients, potential clients, vendors or employees from other sources. These sources typically include but are not limited to, government agencies or registries, accountants or other professional advisors, financial institutions, insurance companies, credit bureaus, insurance adjusters, private investigators, and other third parties that represent that they have the right to disclose such personal information.

 

 

MB may use this personal information for purposes such as but not limited to, providing legal services, billing, record-keeping, and other client contact and service matters, accessing new clients’ eligibility for credit, audit and record-keeping purposes, account collection purposes, managing and developing business and operations, learning about the needs of current and potential clients, developing or offering services and products tailored to our client’s needs, communicating with clients regarding current and future products and services, and responding to client comments and suggestions.

 

Reference checks for potential employees.

 

 

MB will only disclose personal information for purposes related to its provision of services, with express consent, or if required or authorized by law. For example, we may disclose information when the legal services we are providing require us to give information to third parties (i.e. reciprocal disclosure during litigation), where it is necessary to establish or collect fees, if we engage expert witnesses, if we retain other law firms in other jurisdictions, and if a court issues a subpoena or requires us to do so under order.

 

 

MB may obtain consent to our collection, use, and disclosure of information either expressly for stated purposes (such as in a retainer) or impliedly when the purposes are not stated expressly but are indicated by the relevant circumstances or follow logically from other expressly stated purposes (i.e. providing our regular publications and updates in areas of law in which we have provided advice previously). Individuals may withdraw or amend any consent previously given by contacting us, subject to any legal or contractual restrictions and upon reasonable notice to us. 

 

Consent to our collection of certain personal information may be required in order for us to provide legal services. However, we will not require, as a condition of providing our services, that personal information not related to providing such service be collected.

 

 

Since MB uses personal information to provide legal services, it is important that the information be accurate and up-to-date. If any information changes, we may require the individual to inform us so that we can make any necessary changes.

 

 

MB uses appropriate security measures to protect against loss, theft, unauthorized access, disclosure, use, or modification of personal information. Such measures will vary depending on the sensitivity, amount, format, nature, and storage of the personal information and will involve, as applicable, physical, organizational, and electronic security measures, including premises security, restricted file access to personal information, technological safeguards including security software and firewalls to prevent unauthorized computer access, and password and security policies. In communicating with us, individuals should be aware that email is not a secure medium.

 

MB requires that third party service providers to whom personal information may be transferred provide a level of security for such personal information that meets standards established by MB.

 

 

MB will respond promptly to any request for access to personal information. There will be no cost for reasonable requests for access unless the request is for copies of records or involves expensive retrieval costs. MB will advise of the cost, if any, prior to the retrieval of such records or information. MB will not respond to requests for access to personal information that are frivolous, vexatious, or repetitious.

 

In certain circumstances, MB may be unable to provide access to some or all of the personal information that we hold. Such circumstances include, but are not limited to, those in which the personal information cannot be separated from the records of others, cannot be disclosed for reasons of personal security or commercial confidentiality (including in relation to MB), or is protected by professional standards relating to confidentiality or solicitor-client privilege.

 

 

If MB holds information about an individual and the individual advises us that it is not accurate, complete, or up-to-date, we will take appropriate steps to correct it.