Introduction
At Morcross & Olive Law Professional Corporation (also referred to as “MOL PC”, “we”, “us,” and “our”), are committed to the proper management and protection of the personal information that we collect, use and disclose in the course of providing legal services and operating our law firm in accordance with all applicable privacy legislation, regulatory requirements and our professional obligations to maintain confidentiality of information that we receive within a lawyer-client relationship. This includes the information of our clients, visitors to our website and others.
This Privacy Notice (“Notice”) sets out how we collect, use and disclose the personal information of our clients, other individuals and our website visitors (“you”). If you do not consent to the collection, use and disclosure of your personal information in accordance with this Notice, please do not provide any personal information to us. It is important to note that certain services can only be offered to you if you provide personal information to us, and therefore we may not be able to offer you those services if you choose not to provide us with the required personal information.
The practices set out in this Notice are in addition to our professional obligations, and balance our legal and regulatory obligations related to data protection and the privacy rights of individuals with our need to collect, use or disclose personal information for legitimate business and legal purposes in Canada.
Personal Information and Your Consent
Personal information means any information about an identifiable individual or that can be used to identify you as an individual. For example, this can include information in your “Know Your Client” background and contact details, and any other information that you choose to provide to us. In general, personal information does not include business contact information, such as your name, title or position, business address, business telephone or fax number.
During your relationship with us, you may be asked to provide certain personal information concerning you and/or other individuals (such as witnesses, family members, adverse parties, employees, directors, officers, shareholders, investors, business partners, customers, etc.). Examples of such information include name, date of birth, residential address, phone number, occupation, details of your government identification (driver’s licence, passport, e.t.c), tax residency and identification, financial and credit information, billing and account information and other information relating to the provision of legal services by MOL PC.
By providing us with your personal information, by retaining our law firm for legal services, or by accessing our website, you consent to the collection, use and disclosure of your personal information as described in this Notice. If you choose to retain our legal services, we may separately obtain your consent to this Notice and seek any additional consent using other methods permitted by applicable legislation, depending upon the circumstances and the type of information being handled in the course of those services.
You have the right to withdraw any consent you have provided to us, as described in more detail below.
Collection of Personal Information
We collect, use and disclose personal information for the purposes identified at the time of collection, or as otherwise permitted or required by applicable legislation. We will not collect personal information indiscriminately. We will limit the amount and the type of information we collect to what is necessary and proportional to fulfill the purposes we have identified in this Notice, or as otherwise permitted or required by applicable legislation. We may collect the following types of information from you directly:
- Business and/or personal contact information (including name, phone number, email address and personal mailing address);
- “Know Your Client” background information when you are engaging our legal services;
- Information about your business, business interests, professional event attendance, and/or personal interests to better serve you and foster our relationship; and
- Any other information that you choose to provide to us or that you include in communications with us during the course of your professional relationship with us.
We do not collect payment information from clients for billing purposes.
When possible, we will collect personal information from you directly. However, to provide legal services to you or for legal, administrative, marketing or management purposes, we may also collect personal information through outside sources. These include government agencies or institutions, employers, service providers, professional event organizers, and through interactions with our social media accounts.
We generally do not obtain the consent of the individual(s) concerned in the following circumstances:
- if a client provides personal information about a third person to us for purposes of our legal representation of the client. If you provide us with the personal information of another individual, you represent and warrant that you have the authority and consent of the other person to do so for us to collect, use and/or disclose their personal information.;
- where a court order or subpoena is issued, or under applicable rules of production, a regulatory or other body with jurisdiction to compel production so requires;
- if we are investigating the breach of an agreement, a legal duty or contravention of a law and obtaining consent would compromise the investigation or the accuracy of the information;
- if legal, medical or security reasons make it impossible or impractical to seek consent;
- if we are required to disclose personal information to a lawful authority; or as otherwise authorized by law; and
- when information is being collected for the detection and prevention of fraud or for law enforcement and seeking the consent of the individual may defeat the purpose of collecting the information.
Purpose for Collection and Use of Personal Information
We collect, use and disclose personal information for the primary purpose of providing our clients with professional legal services and representation, including for the following purposes:
- to establish and manage client relationships, including considering whether to establish such a relationship, provide legal advice, perform legal services, fulfil legal duties (including Know Your Client obligations), and avoid legal conflicts of interest;
- to comply with our professional obligations, including the rules regarding client identification and verification;
- to share personal information with third parties for the purpose of providing legal services in the context of legal proceedings, including conducting litigation, arbitrations, mediations or other proceedings. Such third parties may include opposing parties, parties in interest, opposing, foreign and other counsel and advisors, witnesses, courts, adjudicators, arbitrators, other decision-makers and experts;
- to establish and maintain relationships with clients, suppliers and other third parties, including to issue invoices, administer accounts, collect and process payments, evaluate credit standing, and to fulfil contractual obligations;
- to contact and communicate with clients and other individuals for the purpose of conducting market research, and evaluating client service and satisfaction;
- to maintain, develop and manage our information systems, such as file transfer, e-discovery, document management, knowledge-management, and precedent systems and databases;
- to detect and protect against error, negligence, breach of contract, fraud, theft and other illegal activity, and where necessary to meet our insurance requirements;
- to develop and manage our business and operations; and
- as permitted by, and to comply with, applicable legal or regulatory requirements or provisions.
- for any other purpose for which you have given your consent.
We keep records of the work performed and services provided by us in accordance with applicable regulatory requirements and professional standards. These records may include personal information. Our records are stored with safeguards against inappropriate or unauthorized access.
We may ask you to update your personal information, contact information or preferences from time to time. Clients are encouraged to contact the lead lawyer on their file to update the personal information we maintain in our client files.
Disclosure of Personal Information
We are subject to professional and ethical obligations and, as such, we will not disclose personal information that is subject to solicitor-client privilege unless our client has waived privilege or we are permitted or required to do so by law. We disclose personal information only as described in this Notice, with your consent, or as otherwise permitted or required by law.
To provide legal services, we may sometimes disclose our clients’ personal information to third parties, including foreign agents and government or regulatory agencies. We do not disclose information to third parties for any purposes that are not necessary for the provision of our services or the fulfillment of our legal and professional obligations. More specifically, we disclose personal information:
- To expert or professional third parties when it is necessary to do so to provide legal services to our clients—for example, when we engage an expert, consultant, agent or another law firm on the client’s behalf in a matter;
- To third parties (including adverse parties and their counsel, experts, witnesses, service providers, your agent), including in the context of legal proceedings and business transactions;
- To vendors and service providers, inside or outside Canada, retained by MOL PC to assist us with marketing, technical support, and mailing;
- To third parties to assist us in evaluating your creditworthiness or to collect debts outstanding on an account;
- To reputable third-party legal research organizations like Chambers and Partners, with your separate consent, to enable you to provide references regarding the quality of our services;
- To anyone who we reasonably believe is your agent;
- To our insurers and to regulatory agencies in connection with regulatory or other activities relating to the obligations of MOL PC and its professional responsibilities in relation to the practice of law;
- In connection with a business transaction involving MOL PC or any one of its affiliates;
- To a government or regulatory entity that has asserted its lawful authority to obtain the information or where we have reasonable grounds to believe the information could be useful in the investigation of unlawful activity, or to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of information, or to protect our rights and property;
- If we are involved in a merger or other reorganization, we may disclose your personal information to the resulting organization; and
- To any other third parties, where necessary for the fulfillment of our legal and professional obligations, where you consent, or where such disclosure is required or permitted by law.
We prohibit third-party service providers and other third parties we retain to assist us on your behalf (such as expert witnesses or consultants) from using the personal information we share with them for any purpose other than to complete the services they provide to us. We require third-party service providers to take all reasonable measures to maintain and protect the confidentiality and security of the personal information we share with them.
Your personal information may be processed, accessed and/or stored in jurisdictions outside of Canada or outside of the province in which it was collected. In these cases, your personal information will be subject to the laws of that jurisdiction, and it may be disclosed to the governmental authorities, courts, or law enforcement agencies of those jurisdictions if required by law. We transfer your personal information to other jurisdictions (either within Canada or to another country) in accordance with this Notice and with all applicable data protection laws.
We do not sell or exchange for consideration any personal information we hold.
Retention of Personal Information
We may store and process your personal information at our offices in Canada, or elsewhere. We will retain information, including personal information, for as long as it is needed for the purposes for which it was collected. We may also be subject to legislative or professional requirements regarding the retention of certain types of information. In those cases, we will retain the information for as long as it is required or permitted by law.
Protection of Personal Information
To help protect the confidentiality of your personal information, we take all physical, organizational, contractual, and technical measures that are standard to the legal profession to protect the personal information we maintain against loss, theft, and unauthorized access, use, deletion, transfer, or disclosure. Examples of such measures include restricted access to offices, training of personnel, limiting access to information on a “need-to-know” basis, using passwords, well-defined internal policies and practices, and destruction of information that is no longer required.
To maintain the security and confidentiality of sensitive client information, our legal professionals are only permitted to use firm-approved, secure methods of communication with our clients. This may preclude them from using methods of communication like text messaging during the provision of legal services. We do not regularly record calls/videoconferences, and never do so without client consent.
Your Choices
You may vary or withdraw your consent to the use and disclosure of your personal information, or opt-out of certain uses and disclosures, subject to legal and contractual restrictions. To vary or withdraw your consent, please contact us (identified below in Contact Us section).
If you have signed up to receive our email communications, you can unsubscribe any time by clicking the “unsubscribe” link included at the bottom of the email. Alternatively, you can opt out of receiving our marketing communications by contacting us at the contact information under Contact Us section below.
Your Rights to your Personal Information
You may have the right to access, update, rectify and correct inaccuracies in your personal information. You may also have the right to withdraw your consent to our collection, use and disclosure of personal information (subject to legal and contractual restrictions). You may also request that we cease dissemination of your personal information or de-index your personal information where we are required to do so by applicable legislation.
To exercise these rights, please send a written request to our Privacy Officer using the contact information as set out in the Contact Us section below.
Such requests will be processed subject to exceptions under applicable privacy legislation. Examples of such exceptions include information protected by solicitor-client privilege; information generated in the course of a formal dispute resolution process; information about another individual; where disclosure would reveal confidential commercial information; or information disclosed to the police or other lawful authorities where we are required to withhold disclosure.
Links to Other Websites
This website may contain links to other websites that we do not own, operate or control, including to videoconference platforms. We provide links to third party websites as a convenience to you. While we try to link only to websites that share our standards and respect for privacy, we are not responsible for the content or privacy practices of other websites. These links are not intended as an endorsement of or referral to the linked websites.
The linked websites have separate and independent privacy policies, notices and terms of use. We do not have any control over such websites, and therefore we have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose, secure and otherwise treat personal information. We strongly encourage you to read the privacy statements and policies of all external websites you visit.
Updates to the Privacy Notice
Privacy legislations and fair information management principles are rapidly evolving and, as a result, this Notice may be changed by MOL PC from time to time in our full discretion without any prior notice or liability to you or any other person, to reflect changes to our privacy practices. The collection, use and disclosure of your personal information by MOL PC will be governed by the version of this Notice in effect at that time. We encourage you to periodically review this page to ensure you are familiar with those changes. We will indicate at the bottom of this Notice when it was most recently updated.
Contact Us
If you have any questions, complaints or comments about this Notice or the manner in which we or our service providers handle your personal information, or to request access to your personal information, please contact us at:
Privacy Officer
Morcross & Olive Law Professional Corporation
7030 Woodbine Avenue, Suite 500
Markham, Ontario
L3R 6G2, Canada
or
info@morcrossandolivelaw.ca