163 Willowdale Ave.
North York, Ontario
M2N 4Y7
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Privacy Policy

Deverett Professional Corporation a.k.a. Deverett Law Offices ("DLO") Privacy Policy - March 23, 2004


DLO recognizes the importance of privacy and the sensitivity of personal information. As a law firm, we have a professional obligation to keep confidential all information we receive within a lawyer-client relationship. We are committed to protecting any personal information we hold. This Privacy Policy outlines how we manage your personal information and safeguard your privacy.

This privacy statement is in addition to the strict confidentiality obligations that Deverett Law Offices owes to its clients arising from solicitor-client relationships. Any communication or transmission of information to Deverett Law Offices or to any member of our firm for marketing purposes or to request information about the firm, is not intended to create, and receipt of which will not constitute, a solicitor-client relationship.

Your Privacy Rights

From January 1, 2004, all businesses engaged in commercial activities must comply with the Personal Information Protection and Electronic Documents Act, and the Canadian Standards Association Model Code for the Protection of Personal Information, which it incorporates. These obligations extend to lawyers and law firms, including DLO. The Act gives you rights concerning the privacy of your personal information.

DLO is responsible for the personal information we collect and hold. To ensure this accountability, we have developed this policy, and trained our lawyers and support staff about our policies and practices.

Why Does DLO Need Personal Information

DLO provides legal services and products to a wide range of clients. In doing so, it produces direct marketing materials concerning its services and developments in the law.

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.

How do we collect your personal information?

We collect information only by lawful and fair means and not in an unreasonably intrusive way. Wherever possible we collect your personal information directly from you, at the start of a retainer and in the course of our representation.

Sometimes we may obtain information about you from other sources: for example:

your insurance company;
your real estate agent in a property transaction;
from a government agency or registry;
your employer, if we are acting for you, at its request;
your accountant.


Consent.

In most cases, we shall ask you to specifically consent, if we 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.

Use of Your 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. If you tell us that you no longer wish to receive information about our services, or about new developments in the law, we will not send any further material. DLO does 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.

Disclosure of Your Personal Information

Under certain circumstances, DLO 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 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

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 the retainer, any of your information changes, please inform us so that we can make any necessary changes.

Is My Personal Information Secure?

DLO takes 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;
deploying technological safeguards like security software and firewalls to prevent hacking or unauthorized computer access;
internal password and security policies.


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.

Correcting Errors

If DLO holds information about you and you can establish that it is not accurate, complete and up-to-date, DLO will take reasonable steps to correct it.

Can I Be Denied Access to My Personal Information?

Your rights to access your personal information are not absolute. 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.


If we deny your request for access to, or refuse a request to correct information, we shall explain why.

DLO does not use your Social Insurance Number as a way of identifying or organizing the information we hold upon you.

Can I request anonymity.

Whenever it is legal and practicable, we may offer the opportunity to deal with general inquiries without providing your name. 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 disclose information to FINTRAC in relation to certain large cash transactions.

Credit Bureaus

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.

Communicating with Us

You should be aware that e-mail and other forms of data transmission over the Internet are not mediums which are guaranteed to be 100% secure, and you should be aware of this when contacting us to send personal or confidential information.

Changes to this Privacy Policy

Since DLO regularly reviews all of its policies and procedures, we may change our Privacy Policy from time to time. This version of the Privacy Policy is accurate as of the date written; at the bottom of the policy. To keep informed about our Privacy Policy, we ask that you visit this Policy often.

Links

This web site may contain links to other sites and advertisements. This privacy statement only applies to information collected by our web site. We are not responsible for the privacy practices and policies of third parties.

Requests for Access

If you have any questions, or wish to access your personal information, please write to our Privacy Contact at:

Michael Deverett,
163 Willowdale Ave.,
Toronto, Ontario,
M2N-4Y7


If you are not satisfied with our response, the Privacy Commissioner of Canada can be reached at:

112 Kent Street,
Ottawa, Ontario,
K1A-1H3

1.800.282.1376.

Employment Inquiries

If you apply to DLO 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.

Copyright

Except as otherwise noted, the contents of this website are copyright 2004 DLO. All rights reserved.

Disclaimer

The contents of the Deverett Law Offices website are provided to you for informational purposes only and should not be construed as legal advice on any subject matter. No recipients of content from the DLO website should act or refrain from acting without seeking the appropriate legal or professional advice having regard to the particular facts and circumstances at issue.

The viewing of the DLO website, in whole or in part, and the communication with a lawyer at DLO by way of Internet e-mail or via the website does not constitute solicitor-client privilege between DLO and any recipients.

DLO cannot be responsible for the content of other sites. We expressly disclaim all liability with respect to actions taken or omitted based on content received from a third party website linked, directly or indirectly, to that of DLO. The link to another site is not to be construed in any way as an endorsement of the host, the site or the information contained therein, nor is such link to be inferred as an association or affiliation with the host.

We do not warrant the quality, accuracy or completeness of any information on our web site. Information is provided "as is" without warranty or condition of any kind. This web site may contain inaccuracies or typographical errors.

Web Site - www.deverettlaw.com

END. May 27, 2004