I. PRIVACY POLICY

Moodie Mair Walker LLP Lawyers (MMW) are committed to the proper management of the personal information of clients and others, and of all visitors to our website (the Site), that we collect, use and disclose in the course of business.

In providing legal advice to clients, we have a professional obligation to maintain the confidentiality of information that we receive within a lawyer–client relationship. The practices set out in this privacy policy (the “Policy”) seek to balance the individual’s right to the privacy of his or her personal information and MMW’S need to collect, use or disclose personal information for legitimate business purposes in Canada.

Controlling the collection, use and disclosure of personal information is an ongoing process. We will continue to review our personal information management practices and improve them as necessary to better protect the privacy of individuals.

A. WHAT IS PERSONAL INFORMATION?

“Personal information” means any information about you or that can be used to identify you as an individual, including information in your résumé or about your employment, the matter about which you retained or contacted MMW, your account with us and any other information that you choose to provide to MMW. For the purposes of this policy, personal information means information about an identifiable individual as defined from time to time in applicable privacy legislation. Generally speaking, personal information does not include what is considered business contact information: your name, title or position, business address, telephone number, facsimile number or e-mail address. The types of personal information that MMW may collect about you includes your name, home address, telephone number, personal e-mail address, billing and account information, information about a client’s legal issue and other information incidental to providing legal advice and services (including personal information about witnesses, family members, beneficiaries, directors, officers, employees, adverse parties, parties-in-interest, investigators, decision-makers, experts, other professional advisors and our clients’ business partners, investors, shareholders, competitors and customers who are individuals).

B. WHY DO WE COLLECT PERSONAL INFORMATION?

We use personal information only as described in this Policy or as otherwise permitted or required by law. Before your personal information is used or disclosed for a new purpose, we will ask for your consent unless use or disclosure without your consent in the circumstances is otherwise permitted or required by law.

MMW generally uses personal information about clients for the provision of legal advice, including obtaining and carrying out client instructions, reporting and communicating with clients, billing and accounting, and protecting against fraud, illegal activities or error. MMW may also use your personal information to send you newsletters or e-newsletters about our services or about legal developments that we think would interest you. To establish or enhance our relationship, we may invite you to client functions, seminars and sporting or cultural events.

We may distribute client memos, information regarding our firm, articles and other legal updates and publications to people on our mailing lists, who can elect to receive materials on one or more subject matters. At any time, you may change your preferences and mailing option (regular mail or email), or unsubscribe from our mailing lists.

If you send personal information through our Site, we will use it to assess website use and traffic, and to respond to your feedback, questions and comments.

When collecting, using and disclosing your personal information:

  • We are accountable for personal information under our control.
  • The purpose for collecting personal information is identified at or before the time it is collected.
  • We obtain your consent before collecting, using or disclosing your personal information, except where otherwise permitted or required by law.
  • We limit the personal information we collect to that which is necessary for us to conduct business.
  • The personal information we collect is only used, disclosed or retained for its original intended purpose (unless you provide your consent to a different use or disclosure).
  • We take care to ensure that the information we have is accurate.
  • We safeguard the privacy of your personal information through security measures.
  • We are open with you about our policies and practices related to managing your personal information.
  • Upon request, we provide you with access to your personal information, subject to any limitations imposed by law.
  • We address your concerns. If you have questions or concerns regarding your privacy or this Policy please contact us as described below.

Your personal information is stored in secure locations and on servers controlled by MMW, located either at our offices or at the offices of our service providers.

C. TO WHOM DO WE DISCLOSE YOUR PERSONAL INFORMATION?

From time to time, MMW may disclose your personal information to:

  • service providers, including an organization or individual retained by MMW to perform functions on its behalf, such as marketing, data processing, document management and office services;
  • an organization or individual retained by MMW to evaluate your creditworthiness or to collect debts outstanding on an account;
  • a financial institution, on a confidential basis and solely in connection with the assignment of a right to receive payment, the provision of security or other financing arrangements; or
  • a person who, in the reasonable judgment of MMW is providing or seeking the information as your agent;
  • to our insurers and to regulatory agencies such as provincial law societies, insurers or others in connection with regulatory or other activities relating to the obligations of MMW and its practice of the profession of law; and
  • any third party or parties, where you consent to such disclosure or where disclosure is required or permitted by law

D. HOW WE PROTECT YOUR PERSONAL INFORMATION

To help protect the confidentiality of your personal information, MMW employs administrative and technological safeguards appropriate to the sensitivity of your personal information. Where personal information is sent to a third party for processing we ensure, through our contacts with them, that all personal information is kept secure. We operate secure data networks protected by industry standard firewall and password protection systems.

E. HOW YOU MAY OBTAIN ACCESS TO YOUR PERSONAL INFORMATION

Upon your written request, subject to certain exceptions, MMW will inform you of the existence, use and disclosure of your personal information and will give you access to that information. Access requests should be sent to our Privacy Officer, using the contact information below.

F. RETENTION OF PERSONAL INFORMATION

MMW will retain information, including personal information, for as long as it is needed for the purposes for which it was collected. MMW may also be subject to legislative requirements regarding the retention of certain types of information.

II. CHANGES TO THE PRIVACY POLICY

MMW reserves the right to modify or supplement this Privacy Policy at any time. If we make a change to this Privacy Policy, we will post such changes on our website and make such revised policy and changes available upon request to the MMW Privacy Officer. However, MMW will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your personal information for purposes other than those to which consent has been obtained unless otherwise required or permitted by law.

III. WEBSITE INFORMATION

A. INTERNET SERVICE PROVIDER

  • Certain other information may be collected on the Site through various technologies, indicated below, without you actively providing the information.
  • Our website is hosted on servers shared with an Internet service provider (ISP). Any personal information collected on our behalf by the ISP, such as server log data, is managed in accordance with this Policy and is protected by applicable law.
  • Certain information about Internet users’ traffic patterns is passively and automatically collected and linked to users’ Internet Protocol (“IP”) addresses. These unique IP addresses are assigned to all Web users by their ISPs, and are automatically logged by Internet servers. While the IP address itself does not identify an individual, it may, in appropriate circumstances such as an investigation of a security breach, be used with the cooperation of the ISP to locate and identify an individual using the website.

B. SERVER LOGS

  • In the normal course of establishing and maintaining internet connections, our servers automatically log information about visits to our website. Server logs record statistical information, such as a visitor’s IP address and type of operating system, the time and duration of visit and Web pages requested. The server logs also identify categories of visitors by items such as domain and browser type. These statistics are reported in aggregate form to us and are used to improve our website and ensure that it provides the optimal online experience for visitors.
  • We do not link server log information to any other data in a way that would enable us to identify individual visitors, except for security purposes, as discussed above.

C. COOKIES

  • The use of cookie technology is common on the Internet, and many Internet browsers are initially set to accept cookies automatically. If you would prefer not to accept cookies, you can set your Internet browser to notify you when your computer is receiving a cookie or to refuse cookies automatically. To readjust your Internet browser’s cookie options, please refer to the instruction documentation of your particular browser or seek online assistance.

IV. MORE INFORMATION ABOUT MMW’S PRIVACY PRACTICES

Please contact MMW’s Privacy Officer with any questions or concerns you have about this Policy or MMW’s handling of your personal information. We will investigate and respond to your concerns.

Privacy Officer

Moodie Mair Walker LLP Lawyers
Suite 500
154 University Avenue
Toronto, Ontario  M5H 3Y9

Roger Patterson
Phone: 416.340 0500
Fax: 416.340 1862
Email: rpatterson@moodiemair.com