Collection, Use and Disclosure of Personal Information
Personal Information means information about an identifiable individual. Personal Information would include such things as a person’s home address and telephone number, email address, age, gender, race, height and weight, information about the person’s health, political views, income and activities. Personal Information does not include certain business information, specifically, a person’s title at work, business address and business telephone number.
JMK Law Barristers and Solicitors collects, uses and discloses Personal Information as required to provide our clients with legal advice and to otherwise assist them with their legal issues. If we wish to collect Personal Information from you, we will inform you before gathering the information, and will explain to you how we intend to use the information. The Personal Information that we typically collect includes contact information (addresses, telephone numbers, facsimile numbers and email addresses) in order to reach you to discuss your legal issues and to send you our accounts for services rendered, as well as information relating to your particular legal issues. We may collect this information directly from you or from third parties (such as search houses or persons whose evidence, opinions or perceptions we need to provide our advice or services to you).
In certain circumstances, PIPEDA provides that we may disclose your Personal Information without your consent. Such circumstances include: where required by law or by order of a court or tribunal; where the information is used for the purpose of collecting a debt owed to JMK Law Barristers and Solicitors; where the Personal Information is requested by a government institution to enforce any law; where we believe that the Personal Information relates to a breach of an agreement or a contravention of the laws of Canada or a Province that has been, is being or is about to be committed; and in the case of an emergency that threatens the life, health or security of an individual. In such circumstances, we will not disclose more information than is reasonably necessary.
We will not sell, trade or exchange any Personal Information that we collect. We may collect email and mailing addresses in order to distribute publications prepared by JMK Law Barristers and Solicitors and notifications of upcoming seminars or events that we believe may be of interest to you.
Security of Your Information
JMK Law Barristers and Solicitors may use other agents, contractors or companies to perform services on its behalf (E.g. file storage companies, credit card companies, its accountants, couriers, process servers, conveyancers and search houses) and such parties may have limited access to certain Personal Information that we have collected. Occasionally, certain other parties such as JMK Law Barristers and Solicitors', cleaners and security personnel and temporary workers may have access to JMK Law Barristers and Solicitors’ premises and may have limited access to certain Personal Information that we have collected. In each case, JMK Law Barristers and Solicitors restricts the third party’s access to Personal Information as much as is reasonably possible. JMK Law Barristers and Solicitors is taking steps to ensure that all third parties that it deals with operate in accordance with privacy policies similar to this one.
Accessing Your Personal Information
With very limited exceptions as set forth in PIPEDA, you are always entitled to access the Personal Information that we have collected from you. We reserve our right to charge you a nominal fee to provide you with such access. If we cannot provide you with access to your Personal Information, we will advise you within 30 days that we are unable to do so, and will tell you, if possible, why we cannot provide you with such access. If you believe that any factual information contained in your Personal Information (as opposed to our professional opinion as to a matter) is incorrect, please advise us so that we can update our records. We may ask you to provide evidence that our files are incorrect. If we do not agree that the Personal Information is incorrect, we will include in our file a note from you that you believe the Personal Information to be incorrect and we will forward such note with the Personal Information if it is sent to third parties.
Use of Our Website
You can visit most pages on our website without giving us any Personal Information about yourself. However, sometimes we do need Personal Information to provide services that you request. JMK Law Barristers and Solicitors only collects Personal Information that you submit voluntarily, such as when you provide your address or other contact information that you choose to provide. Such personal Information may be collected in the course of registration for a seminar or for the purpose of adding your name and contact information to our mailing list in order to provide you with publications and notifications of upcoming seminars or events that we believe may be of interest to you. By providing us with such information, you consent to our collection and use of your Personal Information for such purposes. We will remove you from our mailing list upon receiving your request in writing for us to do so.
Due to the nature of the internet, however, no data transmission over the internet is fully secure. Please be aware of this before you send us any information through this website as JMK Law Barristers and Solicitors cannot guarantee that any information that you transmit to us will not be intercepted and/or misused by third parties.
The materials on the JMK Law Barrister and Solicitor website are provided for informational purposes only. Accessing this information does not suggest that JMK Law Barristers and Solicitors or any of its lawyers are practicing law in a jurisdiction other than those in which its office is physically situated. The information does not constitute legal advice or an opinion on any issue. The information may, as a result of the passage of time, changes in the law or subsequent court decisions, no longer be accurate. Although we endeavor to ensure the accuracy of the information, it should not be relied upon without receiving advice from a lawyer.
You may display on your computer, download and print a copy of the material on our website for non-commercial, personal or educational purposes only, provided that the content is not modified and that each copy of such materials identifies the source and bears our copyright notice "JMK Law Barristers and Solicitors". However, no part of any document on our website may be reproduced or transmitted for any other purpose without the prior written permission of JMK Law Barristers and Solicitors. Enquiries can be directed to Jacqueline Knowles.
Our website may from time to time contain links to other websites that may collect your Personal Information. JMK Law Barristers and Solicitors does not assume any responsibility for their privacy practices or policies, and cannot be held liable for the actions of those third parties. You should review the privacy policies of such parties before providing them with any Personal Information.
Retention of Information
We are required to maintain certain Personal Information for a period of time for various reasons, including in order to be able to answer your questions relating to the services that we provided to you and to meet the requirements of the Law Society of Upper Canada and our insurers. All Personal Information will be disposed of when appropriate, and in a manner that is secured and which respects your privacy. When we dispose of client information, including Personal Information, our paper files are shredded and information kept electronically is deleted from our computers and computer network. When we dispose of old computer equipment, we ensure that all information, including Personal Information, is “wiped clean” from such equipment before it is disposed of.
Questions and Concerns
If you wish to make a formal complaint about our privacy practices, please forward your complaint in writing to Jacqueline Knowles. Jacqueline Knowles will acknowledge receipt of your complaint and ensure that the matter is investigated promptly. She will also provide you with a written notice outlining the decision reached by JMK Law Barristers and Solicitors after investigating your complaint, the reasons for such decision and any steps taken or that will be taken by JMK Law Barristers and Solicitors in connection with your complaint.
If you are unhappy with the decisions reached by JMK Law Barristers and Solicitors, or have a general inquiry about privacy legislation, the Information and Privacy Commissioner of Canada oversees the administration of the privacy legislation in the private sector. The Commissioner also acts as a kind of ombudsman for disputes relating to the privacy legislation. You can contact the Information and Privacy Commissioner at:
112 Kent Street
If you have any questions or concerns with respect to our privacy practices, please do not hesitate to contact us.
While we encourage you to contact us via email, it should be noted that the act of sending us an email does not make us your lawyers. You will not be considered a client of the firm until such a point that we have agreed to act on your behalf.
Until a lawyer-client relationship has been established, any information included in your email cannot be considered confidential and no information provided to you can be relied upon as legal advice. We strongly advise against the inclusion of details in email communications in order to protect both you and our lawyers from conflicts of interest and disclosure obligations.