
At Howard Yegendorf & Associates we are committed to respecting
our clients and the personal information that we obtain in the course
of our relationship with them. As lawyers we have a professional obligation
to keep confidential all information we receive within a lawyer-client
relationship. In addition, we are committed to properly collecting,
using and disclosing the personal information we obtain from our clients
in accordance with the new Privacy Law listed below and other laws
of Ontario and Canada. This Privacy Policy outlines how we manage
your personal information and safeguard your privacy.
Your Privacy Rights
On January 1, 2004, all businesses engaged in commercial activities
must comply with the Personal Information Protection and Electronic
Documents Act, http://laws.justice.gc.ca/en/P-8.6/index.html.
These obligations extend to lawyers and law firms, including Howard
Yegendorf & Associates. The Act gives all Canadians rights concerning
the privacy of their personal information.
Howard Yegendorf & Associates is responsible for the personal
information we collect and hold. To ensure this accountability,
we have developed this policy. Howard Yegendorf & Associates'
Chief Privacy Officer ensures that proper personal information procedures
and policies are in place, and that all firm members abide by the
procedures that are established to protect our clients' personal
information.
Why Does Howard Yegendorf & Associates Need Personal Information?
The lawyers and other staff members at Howard Yegendorf & Associates
must collect personal information from our clients to fully understand
and address their legal issues and to provide them with legal services.
Normally, personal information is collected during the initial client
contact and on an ongoing basis as we work with our clients. In
most cases, the personal information is collected directly from
our clients. However at times, we may obtain personal information
about our clients from other sources, with our clients permission:
for example, from insurance companies, a real estate agent in a
property transaction, a government agency or registry, and financial,
accounting or other advisors that work with our clients.
Use of Your Personal Information
We limit our collection of personal information to what is required
to provide legal services to you, for billing purposes, and to provide
legal and firm updates. If you tell us that you no longer wish to
receive legal or firm updates, we will not send any further information
to you. We do not sell, trade or exchange any personal information
that we receive from our clients with third parties to market their
products.
Disclosure of Your Personal Information
Any personal information we receive is held in strict confidence.
However, we may need to disclose personal information to provide
you with the legal services you have requested, or if we are required
to do so by law. Circumstances that may require disclosure include:
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when we are required or authorized by law to do
so, for example if a court issues a subpoena; |
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when you have consented to the disclosure; |
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when the legal services we are providing to you
requires us to 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; |
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where it is necessary to establish or collect
fees; |
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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; |
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if we engage expert witnesses on your behalf; |
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if we retain other law firms in other jurisdictions,
on your behalf; |
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if the information is already publicly known. |
Updating Information and Correcting Errors
Since we use our clients' contact and other personal information
to provide legal services to them, it is important that the information
be accurate and up-to-date. While a file is active, we ask our clients
to inform us of any changes in their personal information so that
we can update our files and records. When a client advises us that
the personal information we hold is not accurate, complete or up-to-date,
Howard Yegendorf & Associates will take all reasonable steps
to correct it.
Is My Personal Information Secure?
Howard Yegendorf & Associates endeavours to take all reasonable
precautions to ensure that your personal information is kept safe
from loss, unauthorized access, modification or disclosure. Further
we will retain your file only so long as is necessary in the circumstances.
Safeguards in place to protect your personal information include
premises security, restricted file access, proper destruction procedures,
and technological safeguards like security software, firewalls,
internal password procedures and security policies.
Access to Your Personal Information
You may ask for access to your personal information that we hold
at any time.
Summary information is available upon request. More detailed requests
that require archive or other retrieval costs may be subject to
our normal professional and disbursement fees.
Howard Yegendorf & Associates, in limited circumstances, may
deny access when:
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denial of access is required or authorized by
law (for example, when a record containing personal information
about the requester is subject to a claim of legal professional
privilege by one of our other clients) ; |
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information relates to existing or anticipated
legal proceedings against a client; |
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granting access to a client would have an unreasonable
impact on other people's privacy; |
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to do so would prejudice negotiations with a client; |
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protecting Howard Yegendorf & Associates'
rights and property; or |
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the request is frivolous or vexatious. |
If we refuse your request for access, or refuse a request to correct
information, we will send a letter to you outlining why your request
has been denied.
Requests for Access or other Privacy Questions or Concerns
If you have any questions or concerns about Howard Yegendorf &
Associates' personal information practices, or if you wish to request
access to the personal information we hold, or wish to file a complaint,
please write to our Chief
Privacy Officer at:
Chief Privacy Officer
Howard Yegendorf & Associates.
55 Metcalfe Street, Suite 750
Ottawa, ON
If you are not satisfied with our response, the Privacy Commissioner
of Canada can be reached at:
112 Kent Street,
Ottawa Ontario, K1A 1H3
1.800.282.1376.
Changes to this Privacy Policy
Since Howard Yegendorf & Associates regularly reviews all of
its policies and procedures, we may change our Privacy Policy from
time to time.
Employment Inquiries
When someone applies to Howard Yegendorf & Associates for a
job, we need to consider each applicant's personal information,
as part of our review process. We normally retain personal information
from candidates after a decision has been made, unless they ask
us not to retain such information. If we offer a person a job, which
is accepted, the information will be retained in accordance with
our privacy procedures for employee records.
For More Information
To find out more about federal privacy laws, contact the Privacy
Commissioner of Canada at:
112 Kent Street,
Ottawa Ontario, K1A 1H3
1-800-282-1376
or visit their website at www.privcom.gc.ca.
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