Privacy Rights and Obligations
As lawyers we are committed by Rules of Professional Conduct to keep confidential all information we receive within a lawyer-client relationship.
In addition all Canadian businesses engaged in commercial activities, including lawyers and law firms, must comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) or other substantially similar provincial legislation. PIPEDA gives Canadians rights concerning the privacy of personal information. The terms of this policy accord with PIPEDA and other applicable privacy legislation.
Personal information is any information that identifies an individual, or which allows an individual to be identified. It does not include the name, business address or telephone number of an employee of an organization.
Cavalluzzo's Need for Personal Information
Cavalluzzo offers and provides legal services and information to a wide range of clients.
We need to collect, use and disclose personal information to provide legal services and information, to meet our professional obligations as lawyers and to manage our business.
Collection of Personal Information
We collect personal information directly from you, where possible, at the start of a retainer and in the course of our representation. In the course of representation we may obtain information from other sources, for example:
- your insurance company;
- from a government agency or registry;
- your accountant;
- your employer;
- other representatives or consultants providing services to you.
Use of Personal Information
We use your personal information to provide legal advice and services to you; to fulfill our professional responsibilities, including conflict checks; to administer billing; to develop and use our knowledge management and precedent systems; to provide you with information about our services or developments in the law and for any other purposes to which you expressly consent.
If you tell us that you no longer wish to receive information about our services, or about new developments in the law, we will not send any further material.
Cavalluzzo does not disclose your personal information to any third party to enable them to market their products and services.
Disclosure of Personal Information
Under certain circumstances, Cavalluzzo will disclose your personal information:
- when we are required or authorized by law to do so, for example if a court issues a subpoena;
- when you have consented to the disclosure;
- when the legal services we are providing to you requires us give your information to third parties your consent will be implied, unless you tell us otherwise;
- where it is necessary to establish or collect fees;
- if we engage a third party to provide administrative services to us (for example, computer back-up services or archival file storage) in which case we will ensure that the third party respects the privacy rights and obligations set out in this policy;
- if we engage expert witnesses on your behalf;
- if we retain other law firms at your request, and on your behalf.
Accuracy and Access
It is important that the information in our files be accurate and up-to-date. If during the course of the retainer, any of your information changes, please inform us so that we can make any necessary changes.
We will provide access to your personal information, unless the information is subject to solicitor-client privilege or other legal restrictions on disclosure.
If Cavalluzzo holds information about you and you can establish that it is not accurate, complete and up-to-date, Cavalluzzo will take reasonable steps to correct it.
Security of Personal Information
Cavalluzzo 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:
- physically securing our premises;
- deploying technological safeguards such as security software and firewalls to prevent unauthorized access to our electronic records;
- using internal password and security policies;
- entering into contractual arrangements to maintain the security and confidentiality of information provided to third party service providers.
Communicating with Us
E-mail is not a 100% secure medium. You should be aware of this when contacting us to send personal or confidential information.
Cavalluzzo attempts to strike a reasonable balance between security and convenience in our communications with clients and others, for example, through the use of unencrypted email for some communications, subject to your instructions.
If you apply to Cavalluzzo 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.
Our website does not automatically gather any specific personal information from you, such as your name, phone number or e-mail address. We would only obtain this information if you supply it by sending us an e-mail, or registering in a secure portion of the site.
Our website does not collect “cookies” (a “cookie” is a file that may be placed on your hard drive without your knowledge by a web site to allow it to monitor your use of the site).
Our website, like most other commercial websites, employs software to monitor network traffic. This software receives and records the Internet Protocol (IP) address of the computer that has contacted our web site, the date and time of the visit and the pages visited. This information is used to identify unauthorized attempts to upload or change information or otherwise cause damage, and may be compiled into statistical information on traffic patterns and used to assess site efficiency.
If you have any questions, or wish to access your personal information, please write to our Privacy Officer, Amanda Pask, at:
Cavalluzzo Shilton McIntyre Cornish LLP
474 Bathurst Avenue, Suite 300
Toronto ON M5T 2S6