As lawyers we have a professional obligation to keep all information that we receive within a lawyer-client relationship confidential. In addition, we recognize the importance of privacy and the sensitivity of personal information and are committed to protecting the personal information we hold. This Privacy Policy outlines how we manage your personal information and safeguard your privacy.
Since January 1, 2004, all businesses engaged in commercial activities are required to comply with the Personal Information Protection and Electronic Documents Act and the Canadian Standards Association Model Code for the Protection of Personal Information. These obligations extend to lawyers and law firms and give you rights concerning the privacy of your personal information.
Geller & Associates, the Financial Loss Recovery Division of Doucet McBride LLP, is responsible for the personal information it collects and holds. To ensure this accountability, we have developed this policy which we adhere to in managing your personal information.
What personal information do we collect? - Personal information is any information that identifies you, or by which your identity could be deduced. If we did not collect and use your personal information, we could not provide you with legal services.
Why do we collect your personal information? - We use your personal information to provide legal advice and services to you, to administer our client (time and billing) databases and to include you in any direct marketing activities.
How do we collect your personal information? - Wherever possible we collect your personal information directly from you, at the start of a retainer and in the course of our representation. We collect information only by lawful and fair means.
Consent - In most cases, we shall ask your consent to collect, use, or disclose your personal information. Normally, we ask for your consent in writing, but in some circumstances, we may accept your oral consent. Sometimes, your consent may be implied through your conduct with us.
Disclosure of your Personal Information - We do not disclose your personal information to any third party to enable them to market their products and services. For example, we do not provide our client mailing lists to other law firms. Under certain circumstances, we will disclose your personal information:
- when we are required or authorized by law to do so, for example if a court issues a subpoena
- when you have consented to the disclosure
- when the legal services we are providing to you requires us to give your information to third parties (for example a lender in a real estate mortgage transaction) your consent will be implied, unless you tell us otherwise
- where it is necessary to establish or collect fees
- if we engage a third party to provide administrative services to us (like computer back-up services or archival file storage) and the third party is bound by our privacy policy
- if we engage expert witnesses on your behalf
- if we retain other law firms in other jurisdictions, on your behalf
- if the information is already publicly known
Updating Your Information/Correcting Errors - 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 we hold information about you that it is not accurate, complete and up-to-date, please inform us so that we can update our information.
Is your personal information secure? - We take all 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 are:
- premises security
- restricted file access to personal information
- internal password and security policies
- technological safeguards such as security software and firewalls to prevent hacking or unauthorized computer access
Access to your personal information - You may ask for access to any personal information we hold about you. Summary information is available on request. More detailed requests which require archive or other retrieval costs may be subject to our normal professional and disbursement fees.
Questions? - If you have any questions, or wish to access your personal information, please write to our Privacy Contact, Harold Geller, 100-85 Plymouth Street, Ottawa, Ontario K1S 3E2. If you are not satisfied with our response, the Privacy Commissioner of Canada can be reached at 112 Kent Street, Ottawa Ontario, K1A 1H3, or by phone at (800) 282-1376.
Can you be denied access to your personal information? - Your rights to access your personal information are not absolute. If we deny your request for access to, or refuse a request to correct information, we shall explain why. We may deny access when:
- denial of access is required or authorized by law (for example, when a record containing personal information about you is subject to a claim of legal professional privilege by one of our clients)
- information relates to existing or anticipated legal proceedings against you
- when granting you access would have an unreasonable impact on other people’s privacy
- when to do so would prejudice negotiations with you
- to protect our firm’s rights and property
- where the request is frivolous or vexatious
Can you request anonymity? - We may offer the opportunity to deal with general inquiries without providing your name (for example, by accessing general information on our website). The Proceeds of Crime (Money Laundering) and Terrorist Financing Act requires us to confirm the identity of all new clients. It may also require us to disclose information to FINTRAC in relation to certain large cash transactions.
Credit Reports - To help us make credit decisions about clients, prevent fraud, check the identity of new clients and prevent money-laundering, we may on occasion, request information about you from the files of consumer reporting agencies.
Employment Inquiries - If you apply to Geller & Associates, the Financial Loss Recovery Division of Doucet McBride LLP for a job, we need to consider your personal information, as part of our review process. We normally retain information from candidates after a decision has been made, unless you ask us not to retain the information. If we offer you a job, which you accept, the information will be retained in accordance with our privacy procedures for employee records.
Website - Our website contains links to other sites, which are not governed by this privacy policy. On our website, like most other commercial websites, we may monitor traffic patterns, site usage and related site information in order to optimize our web service. We may provide aggregated information to third parties, but these statistics do not include any identifiable personal information.
If you have any questions about this privacy policy, or require additional information, please contact us at hgeller@financialloss.ca.