Your Privacy Rights
From January 1, 2004, all businesses engaged in commercial activities must comply with the Personal Information Protection and Electronic Documents Act, (http://laws-lois.justice.gc.ca/eng/acts/P-8.6/) and the Canadian Standards Association Model Code for the Protection of Personal Information, which it incorporates. These obligations extend to lawyers including those at Beesley Gahrns. The Act gives you rights concerning the privacy of your personal information.
Personal information is any information that identifies you, or by which your identity could be deduced.
Beesley Gahrns is responsible for the personal information we collect and hold. To ensure this accountability, we have developed this policy, and trained our support staff about our policies and practices.
Why We Need Personal Information
If we did not collect and use your personal information, we couldn’t provide you with legal services.
How 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, both 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.
In most cases, we’ll 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 Personal Information
We use your personal information to provide legal advice and services to you, to administer our client databases (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.
Beesley Gahrns does not disclose your personal information to any third parties 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, Beesley Gahrns 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 experts on your behalf;
- if we retain other lawyers at your request, and on your behalf;
- if the information is Publicly Available Personal Information, as it is defined under the Personal Information Protection and Electronic Documents Act.
Updating Your Personal 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.
Protection of Your Personal Information
Beesley Gahrns 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
You may ask for access to any personal information we hold about you.
Summary information is available on request. More detailed requests which require archive or other retrieval costs may be subject to our normal professional and disbursement fees.
If Beesley Gahrns holds information about you and you can establish that it is not accurate, complete and up-to-date, Beesley Gahrns will take reasonable steps to correct it.
Denial of Access To Personal Information
Your rights to access your personal information are not absolute. We may deny access when:
- it is required or authorized by law (for example, when a record containing personal information about you is protected by solicitor-client privilege);
- to do so would reveal confidential commercial information, and the personal information cannot be severed from the record;
- to do so could reasonably be expected to threaten the life or security of another individual, and the personal information cannot be severed from the record; or
- the information was generated in the course of a formal dispute resolution process.
If we deny your request for access to, or refuse a request to correct information, we’ll explain why.
Beesley Gahrns does not use your Social Insurance Number as a way of identifying or organizing the information we hold upon you.
Whenever it is legal and practicable, we may offer the opportunity to deal with general inquiries without providing your name (for example, by accessing general information on our website).
The Proceeds of Crime (Money Laundering) and Terrorist Financing Act requires us to confirm the identity of all new clients. It may also require us disclose information to FINTRAC in relation to certain large cash transactions.
To help us make credit decisions about clients, prevent fraud, check the identity of new clients and prevent money-laundering, we may – with your consent – request information about you from the files of consumer reporting agencies.
Communicating with Us
You should be aware that e-mail is not a 100% secure medium, and you should be aware of this when contacting us to send personal or confidential information.
Requests for Access
If you have any questions, or wish to access your personal information, please write to us.
If you are not satisfied with our response, the Privacy Commissioner of Canada can be reached at
112 Kent Street,
Ottawa Ontario, K1A 1H3
On our website, like most other commercial websites, we may monitor traffic patterns, site usage and related site information in order to optimize our web service. We may provide aggregated information to third parties, but these statistics do not include any identifiable personal information.