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KIRBYLAW

Privacy Policy


Introduction


Kirbylaw is a law practice in Orillia, Ontario. We seek to serve the general legal needs of the community and the practice is focussed on family law, real estate, and wills and estates. This privacy policy outlines how we handle your personal information to protect your privacy.

Your rights, our obligations


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. As a law practice, Kirbylaw is subject to additional professional and ethical obligations that cover confidentiality in the lawyer-client context.

Consent to collect personal information


We collect personal information, which is information that identifies you, or from which your identity may be deduced. If you retain Kirbylaw, we assume we have your implied consent to do so because, without it, we could not provide you with legal services. However, our collection extends beyond the confines of the lawyer-client relationship and includes such things as:

  • Using our services for witnessing, notarizing documents, or commissioning affidavits;
  • Collection of information prior to the establishment of the lawyer-client relationship (i.e. consultations that do not result in a retainer or confidential information being exchanged)
  • Applications for employment, internship, or volunteer opportunities

Use of personal information


We use your information for the following purposes:

  • To provide legal advice and services to you
  • Administration associated with the provision of legal advice and services (for example, billing and meeting professional requirements)
  • Assessing your candidacy for employment, internship or volunteer positions with Kirbylaw
  • Direct marketing such as recent developments in the law, news, promotions, and invitations to Kirbylaw events.

We disclose your personal information to third parties in the following circumstances

  • When we are required or authorized by law to do so
  • When you have consented to the disclosure
  • Engaging expert witnesses on your behalf
  • To establish or collect fees
  • The use of third party administrative services (for example, computer back up services and archival storage) and the third party is bound by our privacy policy
  • If we retain or otherwise engage another law firm or lawyer for your matter, which includes seeking advice or answers to questions we have about your matter
  • Where the information is Publicly Available Personal Information, as it is defined under PIPEDA (this includes land registry information and information available through court documents)
  • Supplying updated information to other third parties who otherwise have access to your personal information
  • To people we reach via the contact information provided by you (for example, we may leave a message with someone at the home number provided by you), unless you tell us otherwise

We also supply your personal information when the legal services we are providing requires us to. This includes sharing your information with the following:

  • People we reach at contact information provided by you, unless you tell us otherwise
  • Real estate agents and brokerages
  • Accountants
  • Financial planners and advisers
  • Insurance brokers and agents
  • Staff at government departments and court officials
  • Banks
  • Mortgage brokers
  • Doctors and counsellors
  • Your estate administrators

We do not sell or distribute your information to third parties for marketing purposes

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.

You can ask us not to send you marketing communications by following the opt-out instructions in each communication or you may contact the contact person noted below.

Accuracy of your information


Since we use your personal information to provide legal services to you, it is important that the information be accurate and up-to-date. If during the course of your retainer, any of your information changes, please inform us so that we can make any necessary changes.

Safeguards


We take reasonable precautions to ensure that your personal information is kept safe from loss, unauthorized access, modification, or disclosure. Among the steps taken to protect your information.

This includes:

  • Premises security
  • Restricted access to personal information
  • deploying technological safeguards like security software and firewalls to prevent hacking or unauthorized computer access;
  • internal passwords that restrict access to our electronic files;
  • Website privacy

Like most other commercial websites, we may monitor traffic patterns, site usage and related site information to optimize your visit to our website.

We do not use cookies or any electronic means to collect personal information from you or your computer; however, the server hosting our website will automatically collect IP addresses. We may view the IP log from time to time, for example, to maintain the security of our website. We do not link the IP addresses to other personally identifiable information.

Challenging compliance


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, Kirbylaw will notify you in writing of the reason for the denial.

To request access or to amend your personal information, please contact the lawyer or agent with whom you normally correspond or write to our Privacy Contact at the address below. Kirbylaw will respond within thirty (30) days of receipt of your written request

Kirbylaw will respond to inquiries about its policies and practices relating to its handling of your personal information. Inquiries should be directed to Kirbylaw's Privacy Contact using the contact information below. Kirbylaw will investigate all complaints and will respond within 30 days of receipt of a written inquiry. If the complaint is found to be justified, Kirbylaw will take appropriate measures to resolve it, including, if necessary, amending this Policy and its procedures.

Privacy contacts


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 or agent with whom you are dealing, or contact:


Contact person
Dan Kirby
Law practice
Kirbylaw
Address
15 Matchedash St. N., Unit 1, Box 2285, Orillia ON L3V 6S2

If any complaint or inquiry is not handled to your complete satisfaction, you may contact:


Contact person
Contact Privacy Commissioner of Canada
Address
112 Kent Street Ottawa, Ontario K1A 1H3
Telephone
613-995-8210
Toll free telephone
1-800-282-1376

Changes to this privacy policy


We may change this Privacy Policy from time to time. Any changes will be posted on our website at www.kirbylaw.ca/privacy-policy and will be made available upon request through your contact at Kirbylaw. Please check from time to time to ensure you are aware of our current policy. This Privacy Policy is effective March 2, 2014.