PRIVACY POLICY

Policy Concerning Clients’ Personal Information

Charney Legal (CL) is dedicated to maintaining high standards of confidentiality with respect to the information that has been provided to it. This Privacy Policy Statement has been prepared to affirm CL’s commitment to maintaining the privacy of Clients and others and to inform you of CL’s practices concerning the collection, use and disclosure of Personal Information provided to CL.

For the purposes of this statement, “Client” means an individual or other legal person who has retained CL to represent, assist or counsel in any legal matter and those who seek to become clients of CL. CL’s obligations also apply to all directors, officers, employees, contractors and agents who provide services to or on behalf of CL in connection with its delivery of products and services.

What is Personal Information?

Charney Legal considers “Personal Information” to mean any information, recorded in any form, about an identified individual or a legal person or an individual or a legal person whose identity may be inferred or determined from such information, and can include name, title, business name, business address, telephone and fax numbers, e-mail address and credentials.

Why CL Collects Personal Information

CL collects information provided in writing and via its website or verbally about Clients to fulfill Law Society of Ontario (LSO) requirements and other regulatory and legal requirements. Information is used for:

  • Communicating with and determining the needs of Clients and potential clients;
  • Providing services to Clients;
  • Managing its relationship with Clients and potential clients;
  • Meeting legal and regulatory requirements; and
  • Such other purposes consistent with the foregoing purposes.

How CL Uses Personal Information

CL only collects, uses and discloses Personal Information for purposes that would be considered reasonable in the circumstances and only such information as is required for the purposes of providing services to or about its Clients and as stated above. CL will use only fair and lawful methods to collect Personal Information. CL’s use of Personal Information is limited to the purposes described in this Statement.

When CL May Disclose Personal Information

As a general rule, all information concerning a Client is held in strict confidence and, except in limited circumstances including those outlined in this Privacy Statement, is not revealed to anyone unless expressly or implicitly authorized by the Client. CL does not lease the name, address, telephone number and e-mail address of Clients to affiliated organizations, Preferred Suppliers and other reputable organizations other than in those cases referenced in the Privacy Policy.

Consent

Unless permitted by law, no Personal Information is collected, without first obtaining the consent of the individual concerned to the collection, use and dissemination of that information. If a Client consents, his/her personal information shall be used for the purposes indicated in this statement. If a Client does not consent, then his/her personal information shall be used by CL for purposes of communicating with the Client only and shall not be provided to anyone else. If a Client wishes to withdraw his/her consent to have his/her CL information disclosed the Client can do so by electronic means or should contact CL.

The Accuracy and Retention of Personal Information

CL endeavours to ensure that any Personal Information provided by its Clients and in its possession is as accurate, current and complete as necessary for the purposes for which CL uses that information. If CL becomes aware that Personal Information is inaccurate, incomplete or out-of-date, CL will request that the client revise or CL shall at the request of the Client revise the Personal Information. Information about a former client may not be actively maintained and, for so long as it is held by CL, CL cannot assure the accuracy of such information. CL shall keep Personal Information only as long as it is required for the reasons it was collected. This period may extend beyond the end of a Client’s relationship with CL but it will be only for so long as it is necessary for CL to communicate with former Clients or to have sufficient information to respond to any issues that may arise at a later date.

When Personal Information is no longer required, CL shall destroy, delete, erase information in a secure manner or convert it into an anonymous form.

Protection of Personal Information

CL endeavours to maintain appropriate physical, procedural and technical security with respect to its offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure, or modification of Personal Information. This also applies to our disposal or destruction of Personal Information. CL further protects Personal Information by restricting access to it to those directors, officers, employees, contractors and agents that CL has determined need to know that information in order that CL may provide its services. If any director, officer, employee, contractor or agent of CL misuses Personal Information, this will be considered as a serious offence for which disciplinary action may be taken, up to and including termination of employment.

Access To Personal Information

CL permits the reasonable right of access and review of Personal Information held by us about a Client at the Client’s request. CL will endeavor to provide the information in question within a reasonable time and no later than 15 business days following the request. Where information will not or cannot be disclosed, the individual making the request will be provided with the reasons for non-disclosure. CL will not charge a Client for verifying or correcting their Personal Information.

Visiting CL’s Web site

A visitor to CL’s web site (http://charneylegal.ca) is not required to reveal any individually identifiable information, such as name, address, or telephone number. Nor is such information collected passively by electronic means.

How CL collects information on its website

Information is collected when an individual voluntarily provides it in the following circumstances on the website:

  • Their computer leaves a data trail when you access the site;
  • When an individual e-mails any CL employee directly through the site; and
  • When the ‘Contact Us’ web page is used.

Information is collected, used or disclosed in a manner consistent with this statement. E-mail addresses are also collected during the initial contact. Clients and others may indicate that they do not wish to receive any unsolicited electronic communication.

Through use of e-mail addresses, CL can provide Clients and others with information about services and information related to law.

Evolving Practices

This statement is in effect as of January 1, 2020. CL will from time to time review and revise its privacy practices and this statement. Policy changes will apply to the information collected from the date of posting to the CL’s web site as well as to existing information held by CL.

In the event of questions about information provided on the website, our collection, use, management or disclosure of Personal Information, or this Privacy Statement, then please contact CL by submitting a message using the ‘Contact’ web page (https://charneylegal.ca/contact/) or by sending an email to [email protected].

DISCLAIMER

The information on this website is provided as a general reference work and as a public service. The reader is advised to check for changes to current law and to consult with a qualified lawyer on any legal issue.

Because the information posted on this website is prepared for a general audience, without investigation into the facts of each individual case, it is not legal advice. Charney Legal or any of its lawyers does not have a lawyer-client relationship with you. The thoughts and commentary about the law contained on this site does not constitute solicitation or provision of legal advice.

While we endeavor to provide accurate information on this website, we cannot guarantee that the information provided here (or linked to from this site) is accurate, complete, or adequate. We provide this general legal information on an ‘as-is’ basis. We make no warranties and disclaim liability for damages resulting from its use. Legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, so nothing provided on this site should be used as a substitute for the advice of competent counsel.

Finally, using this website, or sending email to Charney Legal, any of its lawyers does not create a lawyer-client relationship. You do not become a client of Charney Legal unless and until Charney Legal agrees to act on your behalf pursuant to a written retainer agreement. Additionally, any information you post to this site or email to Charney Legal via this site shall not be considered confidential unless sent with prior agreement of Charney Legal.

LIMITATION OF LIABILITY

CHARNEY LEGAL DOES NOT ASSUME ANY RESPONSIBILITY NOR WILL BE LIABLE FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SITE OR ITS CONTENT, WHETHER OR NOT CHARNEY LEGAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THIS SITE OR ITS CONTENT.