Privacy Policy

Introduction

McLauchlin & Associates recognizes the importance of privacy and the sensitivity of Personal Information and is therefore committed to maintaining the highest standard of confidentiality and protection of information that is provided to us. As lawyers, we are professionally obligated to keep all information we receive within the scope of lawyer-client privilege. This Privacy Policy outlines how McLauchlin & Associates collected, uses and discloses the Personal Information, as defined herein, which we collect and use in the course of our dealings.

Our collection, use, and disclosure of Personal Information are governed by the applicable privacy legislation as well as our professional obligations as required by the Law Society of Upper Canada. As lawyers, we are required to maintain confidentiality to 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.

Personal Information

For the purpose of this Privacy Policy, the term “Personal Information” means any information about you, or by which your identity could be deduced. Personal Information typically includes information about an identified individual or information of an individual whose identity may be inferred or determined from the information. However, Personal Information does not typically include business contact information, such as a business name, address or telephone number of any employee of an organization.

Consent

Consent for the collection, use, and/or disclosure of Personal Information may be obtained orally or in writing and may be expressly given or implied. In determining how we obtain your consent, we will take into account the sensitivity of the Personal Information we are collecting, using and/or disclosing.

Why Do We Collect Personal Information From You?

McLauchlin & Associates collects Personal Information from you to:

  • comply with our obligations regarding client identification and verification as required by the Law Society of Upper Canada;
  • provide legal services to you, in accordance with your instructions;
  • bill you for legal services rendered;
  • provide information to you regarding developments in the law;
  • advise you of developments with our law firm.

How Do We Collect Your Personal Information?

McLauchlin & Associates collects information by lawful means. We may collect Personal Information directly from you or during the course of your engagement with our law firm.

On occasion, we may also obtain information about you from other sources. For example:

  • your insurance company;
  • your real estate agent in a property transaction;
  • a government agency or registry;
  • your employer, if we are acting for your at your employer’s request;
  • your accountant;
  • other consultants or individuals obtained by you or with your consent to assist with your legal concerns.

Use of Personal Information

McLauchlin & Associates uses your Personal Information to provide legal advice and services to you, including for billing purposes. We may also use your Personal Information to include you in any direct marketing activities. We will assume that you have consented to such use unless you specifically advise otherwise. 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.

McLauchlin & Associates will not disclose your Personal Information to any third party to enable them to market their products or services without first obtaining express consent from you.

Disclosure of Personal Information

McLauchlin & Associates may, under certain circumstances, disclose your Personal Information, including:

  • when we are required or authorized by law to do so (example, court issues a subpoena);
  • when you have consented to the disclosure;
  • when the legal services we are providing to you require us to give your information to a third party (example, to a lender in a real estate mortgage transaction) you consent will be implied, unless you tell us otherwise;
  • where it is necessary to collect fees;
  • if we engage a third party to provide administrative services (example, computer back-up services or archival file storage) and the third party is bound by our privacy policy;
  • if we engage expert witnesses on your behalf or interview potential witnesses in connection with your matter;
  • if we retain other law firms in other jurisdictions, on your behalf;
  • if the information is already publicly available.

Update of Personal Information

McLauchlin & Associates uses your Personal Information to provide legal services to you. Consequently, it is important that the information remain accurate and current. Therefore, should any of the information change during the course of your engagement with McLauchlin & Associates, please inform us of the same.

Security of Personal Information

McLauchlin & Associates takes all reasonable precautions to ensure that your Personal Information is kept secure and safe from loss, unauthorized access, modification or disclosure:

The steps taken to protect your Personal Information include:

  • office security;
  • restriction of access to electronically stored personal information;
  • deployment of technological safeguards such as security software and firewalls to prevent hacking or unauthorized computer access;
  • internal password and security policies;
  • obligation to each lawyer to maintain confidentiality pursuant to the Rules of Professional Conduct of the Law Society of Upper Canada.

Access to your Personal Information

You may ask for access to any Personal Information we hold about you. Summary information is available upon request. More detailed requests that require archival or other retrieval costs may be subject to our normal professional and disbursements fees.

Denial of access to Your Personal Information

Your rights to access your Personal Information are not absolute.

McLauchlin & Associates may deny your access to Personal Information when:

  • denial of access is required or authorized by law (for example, when a record containing Personal Information about you is subject to a complain of legal professional privilege by one of our clients);
  • information which relates to existing or anticipated legal proceedings against you;
  • when granting you access would have an unreasonable impact on other people’s privacy;
  • when to do so would prejudice negotiations with you;
  • to Protect our firm’s rights and property;
  • where the request is frivolous or vexatious.

If McLauchlin & Associates denies access to or refuses a request to correct information, McLauchlin & Associates will explain why.

Retention of Personal Information

McLauchlin & Associates will keep your Personal Information as long as is reasonably necessary for us to complete our dealings with you or as may be required or necessitated by law, whichever is longer.

Electronic Communications with McLauchlin & Associates

Any information sent to McLauchlin & Associates via the Internet, e-mail or through the website is not 100% secure and is done so on a non-confidential basis. Any information sent by you to McLauchlin & Associates via the Internet, e-mail or the website is done at your own risk.

Changes to this Privacy Policy

McLauchlin & Associates regularly reviews all of its policies and procedures. Consequently, we may amend our Privacy Policy from time to time.

Correcting Errors

If McLauchlin & Associates holds information about you which is not accurate, complete or current, McLauchlin & Associates will take reasonable steps to correct it.

Inquiries / Complaints

If you have any questions or comments about the manner your Personal Information has, is or will be handed by McLauchlin & Associates, please contact us:

  • McLauchlin & Associates
  • Suite 200, 155 University Ave.
  • Toronto, Ontario M5H 3B7
  • Telephone: (416)368-2555
  • Facsimile: (416)368-2599

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