Privacy Matters.
Sue Chen Lawyers recognises 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 and as a consequence of our lawyer–client relationships. We are committed to protecting any personal information we hold. This Privacy Policy sets out our personal information management practices and outlines how we safeguard your privacy in our collection, use and disclosure of your personal information.
Your Privacy Rights
The law gives you rights concerning the privacy of your personal information.
Since 1 January 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 the firm of Sue Chen Lawyers and her agents.
Sue Chen Lawyers is responsible for the personal information we collect and hold. To ensure we are accountable to you, we have developed this policy and best practices, and trained our lawyers and support staff accordingly.
What personal information do we collect?
Personal information is any information that identifies you, or by which your identity could be deduced. It includes your name, contact details, and information relevant and incidental to your legal matter. If we did not collect and use your personal information we could not provide you with legal services and advice.
You need not provide personal information when visiting our website. The only personal information we collect through our website is the information you may voluntarily provide to us through any “online form” section of the website or by way of an e-mail to a lawyer or employee of Sue Chen Lawyers.
Many businesses monitor website traffic patterns, site usage and related site information in order to optimise web service. Sue Chen Lawyers may do the same, and may provide aggregated information to third parties, but this information is statistical and does not include identifiable personal information
How do we collect your personal information?
We collect information by lawful and reasonable means only. Wherever possible, we collect your personal information directly from you, at the start of our retainer. Later in the course of our representation of you, we will collect information in writing and by spoken communication, in person, over the telephone, and by letters and e-mails.
We may obtain information about you from other sources, including:
your insurance company;
your employer;
your doctors and other health care professionals;
your account or other financial professional
a government agency or registry; and
other law firms, agents or consultants previously retained by you, where these parties have information relevant to the matter in which we are acting for you now.
Consent
When we collect, use and/or disclose your personal information, we will, in most cases, ask for consent, usually, though not always, in writing. In certain circumstances, your consent will have been implied by your conduct, and by the fact that you have retained us to represent you in a legal matter.
When you provide Sue Chen Lawyers with personal information, you agree that we may collect, use and disclose your personal information in accordance with this Privacy Policy and as permitted or required by law. If you do not agree to these terms, do not provide us personal information. Subject to legal requirements and reasonable notice, you may withdraw your consent to our further collection, use and disclosure of your personal information by contacting our Privacy Officer, Nick Hamilton (nick@suechen.com). Take note – if you withdraw your consent to certain uses of your personal information, Sue Chen Lawyers might no longer be able to provide certain of our services.
Use of Your Information
We use your personal information for professional legal services purposes, including:
to verify your identity;
to establish and manage our relationship;
to provide you with legal advice and representation;
to fulfil our legal duties and avoid conflicts of interest;
to meet legal requirements such as complying with court orders and subpoenas;
for administrative purposes, to invoice you for legal services, administer accounts, collect and process payments;
to provide information to representatives and advisors to help us comply with legal, accounting or security requirements; and
for any other purpose for which we have your consent or are otherwise permitted by law.
Sue Chen Lawyers does not disclose your personal information to any third party for marketing purposes. For example, we do not provide client mailing lists to other law firms.
Sue Chen Lawyers will retain your personal information as long as may be necessary to fulfil the objects of our retainer and our own professional responsibilities, and to conduct our business in accordance with the law and the requirements of the Law Society of Ontario.
Disclosure of your Personal Information
We will disclose your personal information in certain circumstances, particularly:
when required or authorised by law, for example if a court issues a subpoena;
when your legal matter requires that we give your information to a third party (such as an expert witness), your consent will be implied, unless you tell us otherwise;
to regulatory (including self-regulatory) or governmental authorities, for example, disclosure of personal information reasonably requested or required by governing bodies of the legal profession in the course of its oversight of our practice;
where it is necessary to establish or collect fees;
if we engage a third party to provide administrative or technical services to us (such as computer back-up services or archival file storage) and the third party is bound by our privacy policy;
if we retain other law firms on your behalf;
if the information is already publicly known; and
when you have consented to the disclosure.
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 let us know so that we can keep your information current.
Is My Personal Information Secure?
We take all reasonable precautions to ensure that your personal information is kept safe from loss, unauthorised access, modification or disclosure. Among the steps taken to protect your information are:
premises security;
restricted file access to personal information;
technological safeguards like security software and firewalls to prevent hacking or unauthorised computer access;
internal password and security policies; and
procedures for the destruction of personal information when it is no longer required including shredding and the formatting of electronic media.
Access to Your Personal Information
You may ask for access to any personal information we hold about you. Summary information is available on request. Detailed requests which require archive access or other retrieval costs may be subject to our customary professional and disbursement fees.
Correcting Errors
If we hold information about you and you can establish that it is not accurate, complete and up-to-date, we 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 authorised 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.
Sue Chen Lawyers does not use your Social Insurance Number as a way of identifying or organising the information about you we hold.
Can I request anonymity?
On your request, and where it is legal and practicable, Sue Chen Lawyers will, when dealing with your personal information, take reasonable steps to preserve your anonymity. The Proceeds of Crime (Money Laundering) and Terrorist Financing Act requires that we confirm the identity of all new clients, and may also require that we disclose information in relation to certain large cash transactions to FINTRAC.
Communicating with Us
Sue Chen Lawyers recognises that communication by e-mail may not be secure. You should consider this whenever you choose to send us personal or confidential information electronically. Any personal information you provide to us by e-mail is used only to identify you and to address the purpose for which you communicated with us.
Changes to this Privacy Policy
Sue Chen Lawyers conducts periodic reviews of our policies and procedures. We reserve the right to modify or supplement this Privacy Policy at any time. Any changes will be posted to our website. You should review our Privacy Policy from time to time to ensure you are aware of changes.
Requests for Access
You may request a review of your personal information by writing to our Privacy Officer, whose address and e-mail are set out below. Please note that, in certain circumstances, you may be denied access, for example, where lawyer–client privilege or litigation privilege applies, or where the disclosure of your information would result in security, legal or confidentiality concerns.
Privacy Officer
Nick Hamilton
1315 Lawrence Avenue East, Unit 103
Toronto, Ontario, M3A 3R3
Nick@suechen.com
If for any reason you are not satisfied with our response, the Privacy Commissioner of Canada can be reached at 112 Kent Street, Ottawa, Ontario, K1A 1H3 or 1.800.282.1376.
Links
Our website may contain links to other sites to which our Privacy Policy does not apply. Sue Chen Lawyers assumes no responsibility or liability for any communication or material available at these sites, which are linked for your convenience only, and such links do not imply any endorsement or referral.