Privacy Policy
Dolgin Professional Corporation ("DPC") is committed to protecting the privacy rights of its clients and employees, as well as others with whom DPC deals. This commitment extends beyond our professional obligations and our compliance requirements in respect of the Personal Information Protection and Electronic Documents Act (Canada) ("PIPEDA"). The relationships between a law firm and its various stakeholders are based on trust. DPC understands the importance of this trust and how it is embodied in the ways in which we protect sensitive personal information that we receive in the course of carrying on our business.
The policies and procedures set out in this Privacy Policy can be found on our website at www.dpcLAW.ca and are based on the Canadian Standards Association Model Code for the Protection of Personal Information (the "Code"), which is the basis for the provisions of PIPEDA. DPC reserves the right to change or update this Privacy Policy, with all amendments to be published on our website. Clients and others are therefore advised to check for changes regularly, but employees will be so advised internally.
PIPEDA grants every individual rights with respect to the privacy of the personal information disclosed by such individuals to private sector entities (such as law firms). "Personal Information" is defined in PIPEDA as information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization. In other words, PIPEDA protects all information about an individual that could be used to identify him or her, other than "business card" information about that individual.
This Privacy Policy is based on the principles set out in PIPEDA and in the Code.
Accountability
DPC is accountable for all personal information under its care and control. Our lawyers and support staff have all been trained regarding this Privacy Policy and the procedures resulting from its maintenance. DPC's privacy compliance officer is designated as the person responsible for this Privacy Policy and for the protection of personal information received by DPC. The privacy compliance officer can be reached by:
e-mail, at jdolgin@dpclaw.ca;
telephone, at (905) 905.604.2541;
facsimile, at (905) 905.604.2542; or
mail, at 90 Allstate Parkway, Suite 604, Markham, Ontario, L3R 6H3
Any questions about DPC's handling of personal information should be directed to our privacy compliance officer.
Purpose of Personal Information
DPC is required to collect and use personal information from its clients in order to provide legal services and it collects personal information from employees in order to carry out internal administrative functions. DPC also produces direct marketing materials concerning its services and general legal developments. DPC will not use personal information for any other purpose not identified in this Privacy Policy at or before the time of collection.
Consent
DPC collects personal information only by lawful and fair means and not in an unreasonably intrusive way. Wherever possible, DPC collects personal information directly from the individual, but it may obtain personal information from other sources, such as insurance companies or other financial institutions, a real estate agent, a government agency or registry, the individual's accountant or the individual's employer in the event DPC acts for the individual. In addition, in order to make credit decisions about clients, prevent fraud, check the identity of new clients and prevent money laundering, DPC may request personal information from the files of consumer reporting agencies. DPC seeks written consent where possible (it will also accept oral consent) for all personal information it collects, uses and discloses either prior to or at the time of collection.
If an individual has voluntarily provided information, such individual has consented to the collection, use and disclosure of personal information as described in this Privacy Policy. DPC will not use personal information for any purpose other than that for which consent was received. If DPC requires personal information for a new purpose, it will contact the individual to seek consent for such new use.
Limits for Collecting, Using, Disclosing and Retaining Personal Information
DPC does not collect, use or disclose personal information of individuals except when individuals give consent and provide the information on a voluntary basis. There may be occasions where more specific personal information is necessary for us to proceed with a request for information, or provide the individual with legal services. In such cases, DPC will provide such individual with a description of the information required. In all cases, DPC limits the amount and type of information collected to only the personal information that is required to provide the individual with legal advice and services, to administer client and employee databases and to include the client in DPC's direct marketing activities as described above. With respect to the latter, DPC will cease sending direct marketing materials if the client indicates that it no longer wishes to receive such materials. DPC collects only information that is voluntarily provided and undertakes that such information will be kept strictly confidential. DPC does not disclose personal information to any third party to enable them to market their products and services and will only disclose to third parties on an "as needed" basis and provided that such third party agrees to be bound by this Privacy Policy.
DPC does not use an individual's Social Insurance Number as a means of identifying or organizing the information held by DPC in respect of such individual.
DPC will only disclose personal information in limited circumstances, including the following:
- DPC is required or authorized by law to do so;
- there has been consent to the disclosure;
- when the nature of the legal services being provided requires disclosure of personal information to third parties, unless the client informs DPC that it does not so consent;
- disclosure is necessary to establish or collect fees;
- DPC engages a third party to provide certain administrative services and such third party is bound by this Privacy Policy;
- expert witnesses are engaged by DPC on behalf of the client;
- if DPC retains other law firms in various jurisdictions on behalf of the client; or
- if the information has already been disclosed publicly.
DPC retains personal information at its premises only as long as is necessary to provide the client with legal services, and such information is moved to a secure offsite location for storage indefinitely in order to ensure compliance with legal reporting and retention requirements. Any personal information that DPC retains is kept in such a manner as to ensure its security and confidentiality at all times.
Safeguarding Personal Information
DPC respects the privacy of its clients and employees and will protect that privacy as vigorously as possible. DPC stores personal information in electronic and physical files that are secure and to which access is restricted. Other measures include, without limitation, physical premises that are monitored by security 24 hours a day, 7 days a week, password-protected computers and the use of technology safeguards, such as firewalls, encryption and intrusion detection, to prevent hacking or unauthorized computer access. Unfortunately, no data transmission over the Internet or by electronic mail can be guaranteed to be 100% secure. As a result, DPC cannot ensure or warrant the security of any information transmitted to us electronically.
Accuracy of and Access to Personal Information Collected
DPC makes every effort to keep personal information as accurate, complete, current and relevant as necessary for the purposes of providing legal services to clients. DPC will update any changes to personal information when received from clients or employees. If DPC holds personal information about a client which can be established by the client to be inaccurate, incomplete or not up-to-date, DPC will take reasonable steps to correct it.
At the written request of an individual to DPC's privacy compliance officer, he or she may view or edit their personal information as collected by DPC. DPC will inform such individual of what personal information DPC has about them, what it is being used for and, in cases where it has been disclosed, to whom it has been disclosed. The right of access to personal information is not absolute, and access may be denied in one (1) or more of the following circumstances:
- DPC is required or authorized by law to do so;
- the information relates to existing or anticipated legal proceedings against such individual;
- the granting of access would have an unreasonable impact on the privacy of others;
- the granting of access would prejudice negotiations with the client;
- in order to protect the rights and property of DPC; or
- in the event that the request is frivolous or vexatious.
If access to personal information is denied, DPC shall explain the reason(s) behind such refusal to the client or employee, as applicable.
Wherever it is legal and practicable to do so, DPC may be able to deal with general inquiries without disclosing personal information. The Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) requires DPC to confirm the identity of all new clients and may require disclosure of information in respect of certain large cash transactions.
To make a request, please send a letter, email or facsimile addressed to the DPC privacy compliance officer at the address indicated above with the name and contact details of the individual requesting disclosure, as well as the nature of the request. DPC will reply to the request by no later than thirty (30) calendar days after receipt of the request, or if DPC is not able to respond within this time period, DPC will send a notice of extension. If DPC is not able to disclose all the personal information relating to the individual, DPC will give such individual a reason for the inability to do so, unless prohibited by law.
Summary information is available on request, subject to the foregoing limits, but more detailed requests requiring archive or other retrieval costs may be subject to DPC's normal professional and disbursement fees.
Questions
Any questions or comments about this Privacy Policy or the handling by DPC of personal information should be directed to DPC's privacy compliance officer, who will take all appropriate measures to resolve any problem or to answer privacy-related questions. If a satisfactory answer has not been provided at that level, the Privacy Commissioner of Canada can be reached at 112 Kent Street, Ottawa, Ontario, K1A 1H3, 1-800-282-1376.
For more information contact us at jdolgin@dpclaw.ca
