Since January 1, 2004, all Canadian organizations engaged in commercial activities have been required to comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the Canadian Standards Association Model Code for the Protection of Personal Information incorporated by reference into PIPEDA. These obligations extend to lawyers and law firms, including Rogers Partners LLP.
As a professional services firm, we have professional and ethical obligations to keep confidential the information we receive in the context of a lawyer-client and agent-client relationship.
Personal information is defined in PIPEDA as information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization. In other words, it does not include the information that one expects to find on a business card.
Consent to Our Collection of Personal Information
In most cases, we obtain your consent to collect, use and disclose your personal information. Usually, if you retain our firm, we assume that we have your implied consent to our collection and use of your personal information. However, at times, we may ask for your express consent, either verbally or in writing. Generally, we collect your personal information directly from you at the start of or during the course of your retainer with our firm. Sometimes we may obtain information about you from other sources such as a government registry or other professionals who serve you.
Use of Personal Information at Rogers Partners LLP
We use your personal information to provide legal advice and services to you, to issue invoices, and to maintain our database of clients. In addition, if you apply for a position with Rogers Partners LLP, we will use your personal information to assess your candidacy. Lastly, we may use your contact information so that we may communicate with you about recent developments in the law and other issues related to our practice.
Withdrawal of Consent
You may withdraw your consent to our collection, use and disclosure of your personal information at any time, subject to legal and/or contractual restrictions and upon reasonable notice. Your withdrawal of consent to our collection, use and disclosure of your personal information may impact our ability to represent you and provide you with legal advice. If you would like to withdraw your consent, please contract the lawyer at our firm with whom you are dealing, or contact Anita M. Varjacic, Partner, at email@example.com or 416.594.4522.
Disclosure of Personal Information
Generally, we do not disclose your personal information to third parties without your consent unless permitted or required by applicable laws or court orders. The following are some examples where we may disclose your personal information: such disclosure is necessary to collect fees or disbursements; we contract with a third party to provide us with certain services such as archival file storage (in such cases, we will use contractual or other means to ensure the third party service provider is bound by obligations regarding privacy which are consistent with this policy); or we engage expert witnesses, other service and information providers, or other law firms on your behalf.
Accuracy of Your Information
It is important that the information that we have on file 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. We may also ask you from time to time whether your personal information is up-to-date.
Rogers Partners LLP uses various safeguards to ensure that your personal information is protected against loss, theft, misuse, unauthorized access, disclosure, copying or alteration. These include: security of our physical premises; our professional obligations; security software and firewalls to prevent unauthorized computer access or “hacking”; and internal passwords that restrict access to our electronic files.
Access to your Personal Information
You have a right to challenge the accuracy and completeness of your personal information and to have it amended, as appropriate. You also have a right to request access to your personal information and receive an accounting of how that information has been used and disclosed, subject to certain exceptions prescribed by law. For example, if the requested information would reveal personal information about another individual, your request for access may be limited or denied. If your request for access is denied, Rogers Partners LLP will notify you in writing of the reason for the denial.
To request access or to amend your personal information, please contact the lawyer at our firm with whom you normally correspond or write to our Privacy Contact at the address below. Rogers Partners LLP will endeavour to respond within thirty (30) days of receipt of your written request.
Rogers Partners LLP will respond to inquiries about its policies and practices relating to its handling of your personal information. Inquiries should be directed to Rogers Partners LLP’s Privacy Contact using the contact information below. Rogers Partners LLP will investigate all complaints and will endeavour to respond within 30 days of receipt of a written inquiry. If the complaint is found to be justified, Rogers Partners LLP will take appropriate measures to resolve it, including, if necessary, amending this Policy and its procedures.
Like most other commercial websites, we may monitor traffic patterns, site usage and related site information to optimize your visit to our website. Our website server automatically collects IP addresses. We may view the IP log from time to time, for example, to maintain the security of our website.
If you have any questions or complaints about this Policy or the handling of your personal information, if you wish to withdraw your consent to our use of your personal information, or to request access to or update any information we have on file, please contact the lawyer at our firm with whom you are dealing, or contact:
Anita M. Varjacic, Partner
Rogers Partners LLP
100 Wellington Street West
Suite 500, P.O. Box 255
Toronto, Ontario M5K 1J5
If any complaint or inquiry is not handled to your complete satisfaction, you may contact:
Privacy Commissioner of Canada
112 Kent Street
Ottawa, Ontario K1A 1H3
Toll Free: 1.800.282.1376
Commission d’accès à l’information du Québec
480 St. Laurent
Montreal, Quebec H2Y 3Y7
Toll Free: 1.888.528.7741