Protecting your privacy is important to Parente Borean LLP (“PB”) and its management corporations (collectively, “PB”, “we” or “us”). This Policy explains how PB collects, uses and discloses personal information concerning its clients and other individuals (“you”), other than PB’s professionals, employees and agents.
Please note that any communications or transmission of information to PB or to any member of our firm for marketing purposes or to request information about PB, through the use of our Website or otherwise, is not intended to create, and receipt of which will not constitute, a solicitor-client relationship.
Any personal information you provide to us will be treated with care and, subject to this Policy and applicable law, will not be used or disclosed in a way to which you have not consented. Our professionals, employees and agents are also subject to professional and ethical obligations relating to the confidentiality of information PB receives in the context of providing legal services.
By submitting your personal information to PB, you signify your consent to the collection, use and disclosure of your personal information in accordance with this Policy. If you do not consent to the collection, use and disclosure of your personal information in accordance with this Policy, please do not provide any personal information to PB. Please note, certain services can only be offered to you if you provide personal information to PB, and therefore PB may not be able to offer you those services if you choose not to provide us with required personal information.
The term “personal information” refers to any information about an identifiable individual or any information that allows an individual to be identified. In general, personal information does not include business contact information, such as your name, title or position, business address, business telephone or fax number in your capacity as an employee of an organization. During your relationship with PB, you may be asked to provide certain personal information concerning you and/or other individuals (such as witnesses, beneficiaries, family members, adverse parties, employees, directors, officers, shareholders, investors, business partners, customers, buyers or seller, competitors, clients, etc.). Examples of such information include name, date of birth, home address, financial and credit information, billing and account information and other information relating to the provision of legal services by PB. We collect this information through retainers, ongoing legal relationships, general correspondence, faxes, emails, electronic messages, and telephone inquiries, or through the “contact us” link on our Website.
Purposes for which Personal Information is Collected
PB collects, uses and discloses personal information for the purposes identified at the time of collection, or as otherwise permitted or required by applicable law, including for the following purposes:
- to provide legal and other related services:
- to comply with our professional obligations, including the rules regarding client identification and verification;
- to establish and manage client relationships, including considering whether to establish such a relationship;
- administrative, management and business purposes, such as to issue invoices, administer accounts, collect and process payments, evaluate credit standing, fulfill contractual obligations, and audit our business operations;
- to develop our knowledge management systems and databases;
- to distribute PB publications, invitations to seminars and events and other communications which PB believes may be of interest to clients and other individuals;
- to contact and communicate with clients and other individuals for the purpose of conducting market research, and evaluating client service and satisfaction;
- sharing personal information with third parties, Agents or otherwise, for the purpose of providing legal services in the context of legal proceedings, including conducting litigation, arbitrations, mediations or other proceedings (which may include opposing parties, parties in interests, opposing, foreign and other counsel and advisors, witnesses, courts, adjudicators, arbitrators, other decision-makers and experts);
- distributing our publications and invitations to events to individuals who subscribe to our mailing lists (if you do not wish to receive these publications and invitations, please let us know and we will not continue to send them to you);
- maintaining, developing and managing our document management, knowledge-management and precedent systems and databases, including the facilitation of precedent and template type documents for purposes of ensuring efficiency and cost effectiveness of services;
- communication between you and our lawyers, and other legal professionals including assistants and clerks, generally as well as communication information to our agents in the course of a contract or providing our services to you;
- recruitment purposes;
- detecting and protecting against fraud and error, negligence, breach of contract, theft and other illegal activity, and where necessary to meet our insurance requirements;
- communication with our insurers:
- responding to your questions and concerns, as submitted by you through our Website;
- as permitted by, and to comply with, applicable legal or regulatory requirements or provisions, as well as our professional obligations vis-a-vis the Law Society of Upper Canada; and
for any other purpose for which we have your consent.
Limiting Collection, Use and Disclosure
We strive to limit the amount of personal information we collect to that necessary and appropriate for the identified purposes. We will not use or disclose your personal information for purposes other than those for which it was collected, except with your consent or as permitted or required by applicable law.
To the extent possible, we will obtain consent to collect, use and disclose personal information about an individual directly from such individual. However, if you provide personal information concerning another individual (including adverse parties and other individuals involved in legal proceedings) to PB, you represent that, prior to submitting such information, you have obtained the necessary consent or authority to permit us to collect, use and disclose such personal information for the purposes set out in this Policy, or the collection, use and disclosure is permitted by applicable law.
PB will not collect, use or disclose personal information without the consent of the individual(s) concerned unless we are permitted or required to do so by applicable law. We generally do not obtain the consent of the individual(s) concerned in the following circumstances:
- if a client provides personal information about a third person to us for purposes of our legal representation of the client;
- if legal, medical or security reasons make it impossible or impractical to seek consent; and
- when information is being collected for the detection and prevention of fraud or for law enforcement and seeking the consent of the individual may defeat the purpose of collecting the information.
Disclosure of Your Personal Information
Our professionals are subject to professional and ethical obligations and, as such, we will not disclose personal information that is subject to solicitor-client privilege unless our client has waived privilege or we are permitted or required to do so by law.
Subject always to our professional obligations and only for the purposes of providing legal services, PB may disclose personal information to third parties (including adverse parties and their counsel, experts, witnesses, service providers), including in the context of legal proceedings and business transactions.
PB may also disclose your personal information to your agent.
PB may disclose your personal information to a government or regulatory entity that has asserted its lawful authority to obtain the information or where PB has reasonable grounds to believe the information could be useful in the investigation of unlawful activity, or to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of information, to protect PB’s rights and property, during emergencies when safety is at risk or to protect operations, to protect the rights, safety or property of PB, you or others and to permit PB to pursue available remedies or limit the damages that we may sustain. If PB is involved in a merger or other reorganization, PB may disclose your personal information to the resulting organization.
PB may also disclose personal information as otherwise required or permitted by applicable law.
PB does not sell or exchange for consideration any personal information it holds.
Storing Retention and Securing Your Information
PB may store and process your personal information at PB’s offices in Canada, or elsewhere. To help protect the confidentiality of your personal information, PB employs security safeguards that are customary in the legal profession and appropriate to the sensitivity of the information, including physical, organizational and technological measures. Examples of such measures include restricted access to offices, training of personnel, limiting access to information on a “need-to-know” basis, using passwords, regular shredding of documents and well-defined internal policies and practices.
To the extent PB employs third-party service providers to store, handle or process personal information on our behalf (e.g. data processing or office services), we will use contractual and other means to provide a comparable level of protection while the information is being stored, handled or processed by them.
If you have reason to believe that your interaction with us, whether personally, through our Website or otherwise, is no longer secure (e.g., you suspect that the security of your personal information has been compromised), we ask that you immediately notify us of the problem by contacting us using the contact information provided below.
Access to Personal Information
Privacy Officer :
Parente Borean LLP
2883 Highway 7
Subject to certain exceptions prescribed by law, you will be given reasonable access to your personal information and will be entitled to challenge the accuracy and completeness of that information and, to the extent that you have proven such inaccuracy or incompleteness, have it amended as appropriate. Examples of such exceptions include information that is prohibitively costly to provide, information that contains references to other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons, and information that is subject to solicitor-client or litigation privilege.
You can help PB maintain the accuracy of your information by notifying PB of any changes to your personal information.
If you have any inquiry or complaint that relates to PB’s policies or procedures relating to the handling of personal information, we invite you to communicate with one of our Privacy Officers.
Web Site and Electronic Communications
Privacy laws are rapidly evolving and, as a result, this Policy may be changed by PB from time to time in PB’s full discretion without any prior notice or liability to you or any other person. The collection, use and disclosure of your personal information by PB will be governed by the version of this Policy in effect at that time.
PB endeavors to ensure that any Personal Information provided to us and in our position is as accurate, current and complete as necessary for the purposes for which PB uses that information.Upon request, you may review the Personal Information we have collected and where appropriate you may request that we update it or correct any errors, at the email address provided below. PB will endeavour to respond to and comply with your request for updating or correction as soon as reasonably possible.