Privacy Policy
Introduction
Privacy is very important to Lamers Law. We respect clients’ personal information and take necessary precautions to safeguard that information from unauthorized use, retention or disclosure to third parties. Lamers Law adheres to the Law Society of Ontario’s Rules of Professional Conduct regarding security of clients’ personal information and to Lamers Law’s privacy policy (the “Privacy Policy”), as follows: As an existing or former or future client, in retaining Lamers Law’s services to represent you or your business, Lamers Law will act in accordance with this Privacy Policy which encompasses all applicable privacy legislation including, but not limited to, the Personal Information Protection and Electronic Documents Act (“PIPEDA”). Lamers Law is committed to protecting your personal information and to otherwise adhering to our obligations of client confidentiality.
SCOPE OF THE PRIVACY POLICY
This Privacy Policy governs personal information, whether such personal information is collected from the client, from other lawyers, or from organizations or persons that have information relevant and necessary to fulfilling the purpose for which Lamers Law has been retained. Personal information is defined under PIPEDA as any information that is identifiable or directly attributable to an individual. It does not cover information about an individual that is available from a public source, such as a telephone directory, court record, or land registry office. It also does not cover aggregated data, used for statistical and reporting purposes, from which data the client’s identity cannot be determined. Lamers Law ensures that all third-party service providers sign confidentiality agreements prior to any transfer of a client’s personal information in the course of providing the services for which Lamers Law was retained.
REASONS FOR COLLECTING PERSONAL INFORMATION
Lamers Law collects personal information for the following limited purposes: (i) to represent the client, including maintenance of a file for future reference or future retainer; (ii) to establish and maintain client lists for collection of legal fees, record keeping and statistical purposes; and (iii) to establish and maintain mailing lists for newsletters, notification of workshops and seminars, or legal updates that Lamers Law believes might be informative or of benefit to the client.
CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
By retaining Lamers Law, the client consents to Lamers Law collecting, using and disclosing personal information obtained for the purpose for which Lamers Law was retained, as well as those purposes listed above in this Privacy Policy. Lamers Law will not use client personal information for any purposes other than that consented to by the client. Lamers Law does not sell, barter, or lease personal information it obtains from its client to third parties. If the client requests additional services of Lamers Law beyond that of the original retainer, the client is giving implied consent to Lamers Law using the personal information already held for the original purpose, as well as any new personal information collected for the new purpose and no signature will be required on a new or amending retainer agreement. Under PIPEDA, Lamers Law may disclose personal information without client consent to: (i) government or legal enforcement agencies if Lamers Law determines that the client has provided incorrect information for fraudulent or illegal purposes; (ii) government or legal enforcement agencies if the information is collected in the midst of a criminal investigation; (iii) legal enforcement agency if Lamers Law determines that there is imminent risk of death or serious bodily harm, including psychological harm, to an identifiable person or group of persons; (iv) disclosure to a third party individual or organization if so ordered by a Court or Tribunal of competent jurisdiction; and (v) defend against allegations of criminal or civil liability, or professional malpractice or misconduct, by the client or former client.
ACCURACY OF A CLIENT’S PERSONAL INFORMATION
Lamers Law endeavours to ensure all personal information in Lamers Law’s possession is accurate, current and as complete as is necessary for the purposes for which the personal information was collected, used and maintained. Upon notification and verification that the personal information requires correction or updating, Lamers Law will make the necessary amendments. Personal information contained in files that have been closed, or pertaining to matters of the client that have been resolved, will not be actively updated or maintained. Personal information pertaining to the services for which Lamers Law was retained will be maintained in the file once it is closed. Closed files are retained for the period prescribed by relevant Federal and Provincial legislation, and for lengthier periods if Lamers Law deems such lengthier period is appropriate in the circumstances of the legal services provided.
SAFEGUARDS
Lamers Law has implemented a number of physical, organizational and technological safeguards appropriate to the sensitivity of the client’s personal information, including but not limited to: (i) Physical Access – Offices utilized by Lamers Law are restricted. Client files are maintained in areas where access is restricted to authorized personnel. Clients only have walk-through access to these areas if they are escorted by their lawyer or a Lamers Law authorized employee. Highly sensitive information such as financial account information, estate information, and similar are stored in secured cabinets with no available access other than to Lamers Law; (ii) Organizational – Only Lamers Law lawyers and employees working on the client’s file will have authorized access to personal information contained in a file or otherwise maintained; (iii) Technological – Lamers Law utilizes current firewall, virus protection and other technological safeguards to protect personal information that is retained on the Lamers Law computer network. Lamers Law has developed and implemented safe online and email use protocols to reduce the risk of inadvertent disclosure as a result of viruses or cookies. Regarding electronic transmission of personal information (i.e., email), there is no method of transmitting or storing data that is completely secure. Lamers Law uses commercially reasonable technological security in the transmission of the client’s personal information, either in the course of communicating with the client, or in the course of communication with opposing or allied legal counsel and third parties. Notwithstanding these technological safeguards, all Internet transmissions are susceptible to possible loss, misrouting, interception and misuse. For this reason, any retainer of Lamers Law includes a deemed consent from the client to transmit information via the internet.
WEBSITE
The Lamers Law website may contain links to other sites, which are not governed by this Privacy Policy. On the Lamers Law website, like other commercial websites, we may monitor traffic patterns, site usage and related site information in order to optimize our web service. We may provide aggregated information to third parties, but these statistics do not include any identifiable personal information.
INDIVIDUAL ACCESS
Under PIPEDA, an individual is entitled to access to the personal information held about them with the following permitted exceptions: (i) No access will be granted if the information is protected by solicitor-client privilege or litigation privilege; (ii) Lamers Law will deny access if the individual seeking access fails to produce sufficient identification to verify that they are the individual about whose personal information access is being sought; (iii) No access will be granted to personal information that is not about the individual seeking access; (iv) No access will be granted to information that is part of a criminal investigation; (v) No access will be granted where such access would harm or interfere with law enforcement activities and other investigative functions of a body authorized by statute to perform such functions; (vi) No access will be granted to information where such access might threaten the life, safety and security, including psychological safety, of the individual seeking access; (vii) No access will be granted to the individual who is a minor or mentally incompetent; (viii) Lamers Law reserves the right to refuse access that it believes is repetitious, frivolous, or vexatious. Upon receiving a request for access in writing, Lamers Law will endeavour to have the information available to the individual seeking access within 60 days of verification of the individual’s identity. Where possible, Lamers Law will provide the requested information at nominal cost to the individual. Where the information requested is stored off-site, Lamers Law reserves the right to charge the individual seeking access the cost to have such information retrieved from the off-site storage facility. The individual entitled to access may challenge the completeness of their personal information under Lamers Law’s care and control. Upon successful demonstration that there is an error in the personal information held by Lamers Law, we will amend the information where appropriate.
INVESTIGATING COMPLAINTS
Lamers Law will investigate all concerns or complaints respecting the handling of personal information under the control of Lamers Law that are received in writing. As promptly as possible, Lamers Law will report to the individual the results of the investigation and, where the complaint is found to be justified, steps will be taken to resolve the matter. If the individual is dissatisfied with the report provided by Lamers Law, or feels that the corrective action taken by Lamers Law is insufficient, the individual may direct a complaint to the Federal Privacy Commissioner in writing at:
Office of the Privacy Commissioner of Canada
30, Victoria Street
Gatineau, QC K1A 1H3
or online via:
www.priv.gc.ca
AMENDMENT TO THE LAMERS LAW PRIVACY POLICY
This Privacy Policy is in effect as of June 1, 2022, but is always subject to amendment in response to developments in privacy legislation. Lamers Law will review and revise this Privacy Policy from time to time and notification of any changes in this policy will be posted on Lamers Law’s website and social media. Any changes in the Privacy Policy will apply to personal information collected from the date of the posting of the revised Privacy Policy on the Lamers Law website.
CONTACT
If a question arises regarding access to your personal information held by Lamers Law, or there is a concern about the manner in which Lamers Law collects, uses, retains and discloses your personal information as a client of Lamers Law, please contact: (i) by Mail: Lamers Law, PO Box 4021, RPO Thickson, Whitby, ON L1R 0J7; (ii) by Telephone: (905) 410-2219; or (iii) by Email: amanda@lamerslaw.com.