1. Introduction

 

Bartlet & Richardes LLP is committed to protecting the privacy and confidentiality of personal information collected from clients and prospective clients. This Privacy Policy explains how we collect, use, disclose, and safeguard personal information in accordance with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and applicable Ontario privacy laws. This policy may be updated from time to time.

 

2. Scope

This policy applies to all Personal Information collected, used, or disclosed by Bartlet & Richardes LLP in the course of providing legal services, conducting business operations, or interacting through our website and other digital platforms.

 

3. Definition of Personal Information

“Personal Information” refers to any information relating to an identified or identifiable natural person, other than their business title, address and telephone number or information that is publicly available. Personal Information includes, without limitation:

•  Name, contact information, date of birth, gender, marital status, photo identification, and proof of identity
•  Medical or health information
• Financial information relevant to legal services
•  Billing information such as billing address, bank account and payment information
• Information regarding services you have engaged us for or we have rendered to you
• Employment and professional history
• Information disclosed in legal matters or consultations
• Recruitment information, such as curriculum vitae, education, professional memberships, and other information relevant to potential recruitment or association with Bartlet & Richardes LLP
• Electronic identifiers and digital markers, IP addresses and email addresses

Please note that if you provide Personal Information to us about other people (such as your customers, directors, officers, shareholders, suppliers or agents), you must ensure that you have given those individuals an appropriate notice that you are providing their Personal Information to us and have obtained their consent to that disclosure.

 

4. Collection of Personal Information

We collect Personal Information only for purposes that are reasonable and necessary to provide legal services. The type of Personal Information we collect will depend on the nature of the requested services, but may include Personal Information for the following purposes:

• Assessing and managing client matters
• Conflict checks
• Communicating with clients, prospective clients, and third parties in relation to client matters
• Billing, accounting, and collection purposes
• Complying with legal and regulatory obligations and professional standards, policies and procedures
• Improving our services and client experience

Personal Information collected may be oral, electronic or written formats collected or compiled from direct interactions, digital communications, and legal documents and records. If you are unclear about the purpose for which we collect Personal Information, please contact our Privacy Officer, as set out herein. If you feel that our purpose for collecting the Personal Information is not necessary in your particular matter, you do not have to provide us with such Personal Information, however, this may impact the level of services we are able to provide.

You cannot send us Personal Information until we have confirmed in writing that we represent or act for you or your company or organization. Unsolicited emails or correspondence sent to us from non-clients do not establish a lawyer-client relationship. They may not be privileged and, therefore, are subject to disclosure to third parties.

 

5. Consent

Consent is required for the collection, use, and disclosure of Personal Information. By engaging our services or providing Personal Information voluntarily, you consent to its collection, use, and disclosure as described in this policy. Consent may be explicit or implied, depending on the context. You may withdraw your consent to the collection or use of your Personal Information at any time, subject to legal or contractual restrictions and reasonable notice. If you wish to withdraw your consent, please contact our Privacy Officer, as set out herein.

 

6. Use of Personal Information

We use Personal Information to provide and improve our services to you and to meet our legal obligations, including:

• Providing legal services and advice
• Managing client relationships
• Fulfilling legal, regulatory, risk management and professional obligations
• Responding to inquiries and communications on your behalf
• Conducting internal analysis and reporting
• Research and development purposes to better understand our clients’ services and to better understand our business and to develop and improve our services
• Processing and assessing applications for employment to make appropriate recruitment decisions
• Enforcing and protecting our legal rights, recovering and collecting payments due to us, and complying with our legal and regulatory reporting requirements

 

7. Disclosure of Personal Information

We only use Personal Information to fulfill the primary purpose and applicable legitimate purpose for what it was collected or for such purpose compatible with or ancillary to the primary purpose. We may disclose Personal Information to:

• Bartlet & Richardes LLP partners, associates, employees, agents, or service providers who require it to provide services on our behalf or on your behalf
• Courts, tribunals, law enforcement, government entities, or other legal authorities as required by law
• Professional advisors and insurers as necessary for legal or risk management purposes
• Acquirer, successor or assignee as part of any merger, acquisition, debt financing, sale of assets, bankruptcy, insolvency, receivership, or similar transaction in which information is transferred to one or more third parties as one of our business assets

We do not sell or trade Personal Information to third parties nor condone the practices of such.

 

8. Safeguarding Personal Information

We implement physical, administrative, and technological safeguards to protect Personal Information against unauthorized access, disclosure, modification, or destruction. These measures include secure premises, secure storage, security software, firewalls, restricted access, implementation of privacy practices and procedures, and retention and destruction procedures as required by law and our professional standards. If you provide our office with an email address as part of your contact information, you authorize us to send you correspondence, documents and other information related to your matter, that may be protected by a solicitor-and-client or other privilege or may otherwise be confidential or private in nature, through the use of the internet and electronic email. However, no method of transmission over the internet, or method of electronic transmission or storage, is 100% secure. We cannot ensure or warrant the security of any Personal Information you transmit or provide to us, and you do so at your own risk. We also cannot guarantee that such Personal Information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or administrative safeguards. If you believe Personal Information has been compromised, please contact our Privacy Officer as set out herein.

 

9. Access and Correction

Individuals have the right to request access to their Personal Information held by Bartlet & Richardes LLP, to request correction of inaccurate or incomplete Personal Information, to request deletion or destruction or removal of Personal Information, subject to certain legal exceptions and our professional obligations, to request the transfer of certain Personal Information to another party, and/or to request us to stop disclosing or using your Personal Information. Requests should be submitted in writing to the Privacy Officer, as set out herein. Since we use your Personal Information to provide legal services to you, it is important that the Personal Information be accurate and up to date. If during the course of your retainer any of your Personal Information changes, please inform us so that we can make any necessary changes.

 

10. Complaints

If you have any concerns or complaints regarding our handling of Personal Information, please contact our Privacy Officer, as set out herein. We will investigate and respond promptly. If unresolved, complaints may be directed to the Office of the Privacy Commissioner of Canada (OPC).

 

11. Privacy Officer Contact Information

For any privacy questions, concerns, comments, requests or complaints please contact our Privacy Officer as follows:

Privacy Officer: Managing Partner of Bartlet & Richardes LLP

Phone: (519) 253-7461 x 312

Address: Suite 100, 2565 Ouellette Avenue, Windsor, ON N8X 1L9

The PIPEDA can be found at the web site of the Office of the Privacy Commissioner of Canada at www.privcom.gc.ca or by contacting the Office of the Privacy Commissioner of Canada at 112 Kent Street, Ottawa, Ontario K1A 1H3 (1-800-282-1376).