| Hicks, LeMoine recognizes the importance of privacy
and the sensitivity of personal information. As lawyers we have
a professional obligation to keep confidential all information
we receive within a lawyer-client relationship. We are committed
to protecting any personal information we hold. This Privacy Policy
outlines how we manage your personal information and safeguard
your privacy.
Your Privacy Rights
From January 1, 2004, all businesses engaged in commercial activities
must comply with the Personal Information Protection and Electronic
Documents Act, and the Canadian Standards Association Model Code
for the Protection of Personal Information, which it incorporates.
These obligations extend to lawyers and law firms, including
Hicks, LeMoine. The Act gives you rights concerning the privacy
of your personal information.
Hicks, LeMoine is responsible for the personal information we
collect and hold. To ensure this accountability, we have developed
this policy, and trained our lawyers and support staff about
our policies and practices.
What is Personal Information?
Personal information is information about an identifiable individual.
Personal information includes information that relates to any
personal characteristics (e.g. gender, age, income, home address
or phone number, ethnic background, family status), health (e.g.
health history, health conditions, health services received by
them) or activities and views (e.g. religion, politics, opinions
expressed by an individual, an opinion or evaluation of an individual).
Personal information does not include such things as your business
address and telephone number which is not protected by privacy
legislation.
Why is Personal Information Needed?
In order to be able to give legal advice to our clients, we
need access to all relevant facts and information that relate
to our retainer and to the representation of our clients. This
information will necessarily include personal information about
our clients and about individuals other than our clients.
How Do We Collect Your Personal Information?
We collect information only by lawful and fair means and not
in an unreasonably intrusive way. Wherever possible we collect
your personal information directly from you, at the start of
a retainer and in the course of our representation.
Sometimes we may obtain information about you from other sources:
for example,
- your insurance company;
- your real estate agent in a property transaction;
- from a government agency or registry;
- your employer, if we are acting for you, at its request;
- your accountant.
Consent
In most cases, we shall ask you to specifically consent, if
we collect, use, or disclose your personal information. Normally,
we ask for your consent in writing, but in some circumstances,
we may accept your oral consent. Sometimes, your consent may
be implied through your conduct with us.
Use of Your Information
We use your personal information to provide legal advice and
services to you, to administer our client (time and billing databases)
and to include you in any direct marketing activities. 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.
Hicks, LeMoine does not disclose your personal information to
any third party to enable them to market their products and services.
For example, we do not provide our client mailing lists to anyone.
Disclosure of Your Personal Information
Under certain circumstances, Hicks, LeMoine 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 (for example a lender in a
real estate mortgage transaction) 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 (like 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;
- if we retain other law firms in other jurisdictions, on your
behalf;
- if the information is already publicly known.
Updating Your Information
Since we use your personal information to provide legal services
to you, it is important that the information 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.
Is My Personal Information Secure?
Hicks, LeMoine 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:
- premises security;
- restricted file access to personal information;
- deploying technological
safeguards like security software and firewalls to prevent hacking or unauthorized
computer access
- internal password and security policies.
Access to Your Personal Information
The Act permits individuals to submit written requests to us
to provide them with:
- their personal information under our custody or control;
- information about
how their personal information under our control has been and is being used
by us;
- the names of the individuals
and organizations to whom their personal information under our control
has been disclosed by
us.
We will respond to requests in the time allowed by the Act and
will make a reasonable effort to assist applicants and to respond
as accurately and completely as reasonably possible. All requests
may be subject to any fees and disbursements the law permits
us to charge.
An individual's ability to access his or her personal information
under our control is not absolute. The Act provides that we must
not disclose personal information when:
- the disclosure could reasonably be expected to threaten the safety
or physical or mental health of an individual other
than the individual who made the request:
- the disclosure can reasonably be expected to cause immediate
or grave harm to the safety or to the physical
or mental health of the individual who made the request;
- the disclosure
would reveal personal information about another
individual;
- the disclosure would reveal the identity
of an individual who has provided personal
information about another
individual and the individual providing the personal information does not consent
to disclosure of his or her identity.
The
Act further provides that we are not required
to disclose personal information
when:
- the personal information is protected by solicitor-client privilege;
- the
disclosure of the personal information would reveal confidential commercial
information that, if disclosed,
could, in the opinion of a reasonable person, harm the competitive position
of an organization;
- the personal information was collected without consent
for the purposes of an investigation, and the investigation
and associated proceedings and appeals have not been completed;
- the personal
information was collected or created by a mediator or arbitrator in the
conduct of a mediation
or arbitration for which he or she was appointed to act:
(i) under a collective agreement,
(ii) under an enactment, or
(iii) by a court.
Requests for Correction of Personal Information
The law permits individuals to submit written requests to us
to correct errors or omissions in their personal information
that is in our custody or control. We will:
- correct the personal information and, if reasonable to do so,
send correction notification to any other organizations to whom
we disclosed the incorrect information; or
- decide not to correct
the personal information, but annotate the personal information that a correction
was requested
but not made.
Can I be Denied Access to My Personal Information?
Your rights to access your personal information are not absolute.
We may deny access when:
- denial of access is required or authorized by law (for example,
when a record containing personal information about you
is subject to a claim of legal professional privilege by one of our clients);
- information
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 we deny your request for access to, or refuse a request to
correct information, we shall explain why.
Hicks, LeMoine does not use your Social Insurance Number as
a way of identifying or organizing the information we hold upon
you.
Communicating with Us
You should be aware the e-mail is not a 100% secure medium,
and you should be aware of this when contacting us to send personal
or confidential information.
Changes to this Privacy Policy
Since Hicks, LeMoine regularly reviews all of its policies and
procedures, we may change our Privacy Policy from time to time.
Our firm's Privacy Officer
Our Privacy Officer is Lori Dow. If you have any questions,
concerns or complaints in relation to your personal information
you may contact her. She can be reached by phone at 902-667-7214,
Ext 257or e-mail at ldow@hickslemoine.ca
If you are unsatisfied with the results you receive from Ms.
Dow you can make a complaint to the Privacy Commissioner. The
Privacy Commissioner may also initiate a complaint.
A complaint can not
be made to the Privacy Commissioner via e-mail. An individual
may make a complaint by postal mail. The
Privacy Commissioner’s mailing address is:
112 Kent Street
Ottawa, Ontario
K1A 1H3
Where to obtain information about the Privacy Act
If an individual has general inquiries, the Privacy Commissioner
may be contacted by the following methods:
Phone: (613) 995-8210
Toll-Free: 1-800-282-1376
Fax: (613) 947-6850
TTY: (613) 992-9190
E-mail: Info@privcom.gc.ca
Privacy
Commissioner of Canada’s Website: www.privcom.gc.ca
Amherst
Law Office:
15 Princess St. (PO Box 279)
Amherst, N.S. B4H 3Z2
Phone: (902) 667-7214
Fax: (902) 667-5886
E-mail: info@hickslemoine.ca
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Charles A. Ellis, LL.B. (Also of the NB Bar)
David W. McNairn, LL.B.
Morris J. Haugg, Q.C., Senior Counsel
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