Privacy

Privacy Policy

Introduction and Application of the Privacy Policy

Aird & Berlis LLP, together with our affiliate, Maxims Limited Partnership (“A&B”), are committed to maintaining high standards of confidentiality and protection of the information that has been provided to us.  The Privacy Policy evidences our commitment to maintaining the privacy of our clients and individuals with whom we interact in the course of business. This Privacy Policy provides information on how A&B collects, uses and discloses the Personal Information we collect and use in the course of our dealings. The Privacy Policy also describes our practices regarding the privacy of information that we collect through our website (the “Website”), which is hosted and operated from Canada. 

Our collection, use and disclosure of Personal Information are governed by applicable privacy legislation as well as our professional obligations as required by the Law Society of Upper Canada. As legal professionals, we are required to maintain the confidentiality of our clients. The standards provided for in this Privacy Policy are maintained in addition to any professional obligations of confidentiality to which we are already subject. 

Please note that any communications or transmission of information to A&B or to any member of our firm for marketing purposes or to request information about A&B, through the use of our Website or otherwise, is not intended to create, and receipt of which will not constitute, a solicitor-client relationship.

Personal Information

For the purposes of this Privacy Policy, the term “Personal Information” means any information that is defined to be ‘Personal Information’ under applicable privacy laws. This typically includes information about an identified individual, or information of an individual whose identity may be inferred or determined from the information; however, it typically does not include business contact information.  

Collection, Use and Disclosure

By providing Personal Information to A&B, or by using the Website, responding to or posting personal information on A&B’s social networking sites, you agree and consent to our collection, use and disclosure of your Personal Information in accordance with this Privacy Policy. If you do not agree with the terms set out in this Privacy Policy, or do not consent to our collection, use and disclosure of your Personal Information in this manner, we ask you not to provide any Personal Information to A&B.Please note, however, that A&B may not be able to provide the services you have requested without your Personal Information and, without your consent, may not be able to offer the services you have requested.

Unless permitted or required by law, no Personal Information is collected about an individual, without first obtaining the consent of the individual to the collection, use and dissemination of that Personal Information. Consent can be express or implied depending on the context and nature of the Personal Information at issue.  When A&B acts as agents and service providers for third parties, A&B will rely on the consents obtained by such third parties to disclose information to us. 

The type of information that may be collected includes but is not limited to your name and home contact information, billing and account information, information relevant to a client’s legal matters and other information incidental to the provision of legal advice and services by A&B. Examples of this type of information include Personal Information about directors, officers and employees of a client or other party, witnesses, beneficiaries, family members, adverse parties or parties-in-interest, information about shareholders, security-holders, investors, potential investors, buyers or sellers, business partners, competitors, target entities and their representatives, individuals, clients, pension plan members and other individuals, as well as copies of personal identification which may provide or confirm this Personal Information. 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.

We do not use or disclosure your Personal Information, except for the purposes for which it was collected, or which are otherwise in accordance with this Privacy Policy. However, we reserve the right to disclose information to comply with legal processes such as a search warrant, subpoena or court order or government request, to protect our firm’s rights and property, during emergencies when safety is at risk or to protect our operations, to protect the rights, safety or property of A&B, you or others, and to permit A&B to pursue available remedies or limit the damages that we may sustain.

A&B does not sell, loan, trade, barter or exchange or otherwise disclose any Personal Information it has obtained to anyone outside of A&B, unless the disclosure is necessary to provide the services for which we have been retained or as agreed to you in advance of the disclosure, including but not limited to A&B’s disclosure to its Agents.

Purposes

A&B collects, uses and discloses your Personal Information for the following purposes:

1. collecting, recording and using the information relevant to the performance of the services rendered to our clients;
2. establishing and managing client relationships, providing legal advice, performing legal services, fulfilling legal duties and avoiding legal conflicts of interest;
3. 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);
4. contacting and communicating with clients and other individuals for the purpose of conducting market research, and evaluating client service and satisfaction;
5. 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);
6. 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;
7.  developing and managing our business and operations;
8.  recording and determining the services A&B will provide to you in the course of your relationship with us;
9. administrative purposes, including but not limited to accounting, performing credit checks, billing and collection in relation to your account and your relationship with us;
10. communication between you and our lawyers, and other legal professionals including assistants and clerks, generally as well as communicating information to our agents in the course of a contract or providing our services to you;
11. recruitment purposes;
12. the development of programs (including seminars and other events) that may be of interest to you, and the delivery of an invitation to such seminars or events, including educational, networking or other seminars run by A&B;
13. detecting and protecting against fraud and error, negligence, breach of contract, theft and other illegal activity, and where necessary to meet our insurance requirements
14. communicating with our insurers;
15. for employees of A&B, we will maintain your Personal Information in an employee file, which will be collected and used for the purposes of decision making regarding your hiring, duties, transfer, training, discipline, evaluation, promotion and retention; recording and determining your eligibility for participation in various benefit plans offered by A&B to employees, communicating this information to Agents in the course of the performance of a contract or otherwise in our relationship with you; 
16. responding to your questions or concerns, as submitted by you through our Website; and
17. 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.

For employees, officers, directors and partners of A&B, you also understand that we may use in connection with, and disclose your personal information to third parties connected with, the proposed or actual financing, insuring, sale, securitization, assignment or other disposal of all or part of our business or assets (including Accounts) for the purposes of evaluating and/or performing the proposed transaction. These purposes may include, as examples, permitting such parties to determine whether to proceed or continue with the transaction, fulfilling any reporting or audit requirements to such parties, and/or disclosing personal information as part of concluding a sale or transfer of assets.  Disclosure in this manner will only occur if the parties have entered into an agreement under which the collection, use and disclosure of the information is restricted to those purposes that relate to the business transaction contemplated, including a determination whether or not to proceed with the business transaction, and is to be used by the parties to carry out and complete the business transaction. Also, the Personal Information disclosed in this instance will be, to the extent practicable, anonymized or aggregated.

Our successors and assigns may collect, use and disclose your personal information for substantially the same purposes as described in this Privacy Policy.

Retention

The amount of time we will retain Personal Information varies, depending on the services we have provided to you and the nature of the Personal Information we hold. This period typically extends past your immediate relationship with A&B, but will be only as long as is necessary for us to maintain sufficient information to respond to any issues that arise at a later date and as required by law.  Once the Personal Information is no longer needed, we will utilize the procedures we have in place to safely destroy, delete, erase or otherwise dispose of the information or to convert it into aggregated non-identifying form.

Security

A&B is committed to protecting the security of your Personal Information.  We therefore use industry standard technology and security safeguards appropriate to the sensitivity of the Personal Information to protect it from loss or theft, as well as unauthorized access, disclosure, copying, use or modification. These safeguards include physical measures, such as restricted access to offices and equipment using biometric-based pass card  technology and daily shredding of documents, organizational measures, such as security clearances and publishing this policy to all of A&B’s members and personnel with the strict instructions to act in accordance with its principles and technological measures, such as the use of encryption, firewalls, digitally locked files and of course password protections.

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.

Third Parties

In respect of A&B’s use of third party agents, contractors or service providers (the “Agents”), who may receive Personal Information in the course of their work for A&B and A&B’s delivery of services to you, A&B will use contractual and/or other arrangements to ensure that the Agents use the same level of protection of your Personal Information as is required by A&B in accordance with this Privacy Policy. The types of services these Agents may be contracted to deliver to A&B include, but are not limited to, website hosting, data analysis, newsletter services, credit agencies, promotional activities and other administrative services.

Third Party Websites

The Website may, from time to time, contain links to external third party websites (“Third Party Websites”). A&B is not responsible for the content, security, privacy practices of the Third Party Websites, nor any external links contained in the Third Party Websites.

Amendment to this Privacy Policy

This Privacy Policy is effective as of March 16, 2011. However, A&B reserves the right to change this Privacy Policy, and any of our policies and procedures concerning our practices for handling Personal Information, without prior notice. We will inform you on our Website if we have amended the Privacy Policy, and any such changes will apply to the information collected as of the effective date of the amendment. The amended Privacy Policy will also apply to Personal Information A&B holds prior to the effective date of the amendment.

Accuracy

A&B 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 A&B 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. A&B will endeavour to respond to and comply with your request for updating or correction as soon as reasonably possible.

Questions and Contacting A&B’s Privacy Officer

If you have questions about accessing your Personal Information, our practices surrounding the collection, use and disclosure of Personal Information, or this Privacy Policy, or complaints about how your Personal Information has been handled, please email A&B’s Chief Privacy Officer or contact her using the information below:

K. Paige Backman
Aird & Berlis LLP
Brookfield Place, 181 Bay Street, Suite 1800
Toronto, Ontario  M5J 2T9
T 416.863.1500     F 416.863.1515