Privacy Policy

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Last revised: August 7, 2013

Fasken Martineau DuMoulin LLP and its affiliated entities, being Fasken Martineau LLP, Bell Dewar Inc. and Fasken Martineau DuMoulin (Pty) Ltd, and Fasken Martineau SELAS (“FMD”/ “We”/ “Us”) are proud to demonstrate our commitment to your privacy.

If you have any questions about this policy, we can be reached by email at . Alternatively, you can contact us at:

Attn: Antoine Aylwin
Fasken Martineau DuMoulin LLP
Chief Privacy Officer
800 Place Victoria, Suite 3400
Montréal, Québec H4Z 1E9
Canada

If your question relates to this policy and/or the processing of your personal data under the Data Protection Act 1988, we can be reached by email at . Alternatively, you can contact us at:

Attn: Bill Molloy
Fasken Martineau LLP
17 Hanover Square
London W1S 1HU

This Privacy Policy is based on the privacy and data protection principles common to the countries in which we operate. This Privacy Policy (together with our terms of use and any other documents referred to on it) sets out the basis on which we may collect, use, disclose and otherwise process any personal data (“Personal Information”), as well as the choices you have regarding such use and disclosure, and how you may correct and have access to that information. This Privacy Policy also explains our use of cookies. By using this website, www.fasken.com (the “Site”), or registering to receive email content from FMD, you agree to the use of such information in accordance with this Privacy Policy.

Third party websites accessed via the Site are not covered by this Policy and we accept no responsibility or liability in respect of third party sites. Please check the privacy policies published on any third party sites which you may access through the Site before submitting personal information to them.

About Us


FMD is a law firm that provides legal services through its affiliated entities based in Canada, London, Paris and Johannesburg.

Transfer of Information Abroad


By disclosing your Personal Information to any of FMD’s entities mentioned above, you consent to your Personal Information being transferred outside of the jurisdiction of the country or territory in which it may have been collected and that such Personal Information may be used by any of FMD’s affiliated entities, who are also subject to this Privacy Policy.

The Personal Information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our partners or suppliers. Such staff may be engaged in, among other things, administering our relationship with you, providing you with information about our products and services which you have requested or where you have consented to be contacted for such purposes, the processing and fulfilling your orders, the processing of your payment details. By submitting your Personal Information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Information We Collect


Information You Provide to Us
When you open a client file with us, register to receive content or attend an event, complete forms on the Site (including information when you report a problem with the Site), communicate with our lawyers or staff, send us an email, or post on our blog, you’re giving us information that we collect.

Depending on the circumstances, that information may include Personal Information such as your IP address, name, physical address, email address, phone number, and other details like gender, occupation, and other demographic information.

By giving us this information, you consent to your information being collected, used, processed, disclosed, and stored by us, only as described in our Terms of Use and Privacy Policy.

Collection of Information
We will collect your information from you or from third parties and as agents on behalf of our clients, where we have obtained the requisite consent to do so (for example, upon a client's instructions) or as otherwise permitted by law.
From time to time you may provide us with the personal information of individuals other than yourself. You agree to obtain, prior to disclosing such information to us, the knowledge and consent of each individual to the disclosure, and subsequent use by us, of such personal information, in accordance with this Privacy Policy, unless otherwise permitted by law.

Information from Your Use of the Site


We may collect standard internet log information about how and when you use the Site. This information may include but, not be limited to, your IP address and location data, weblogs, time, date, browser used, referring web addresses, other communication data, searches conducted, pages visited.

Cookies and similar technologies and IP addresses
To ensure that our Site is optimized for ease of use, we or our service provider(s) may use cookies to collect standard information about your language preferences, when you visit the Site, your browser type and version, and other similar information. These cookies are intended to optimize your experience of the Site. See our Cookie Policy for more information.

Web Beacons
When we send emails to our contact lists, we will sometimes track who opened the emails and who clicked the links to measure our Email Campaigns’ performance. To do this, we may include single pixel gifs, also called web beacons, in emails we send. Web beacons allow us to collect information about when you open the email, your IP address, your browser or email client type, and other similar details.

We may also use the capability to track when a URL has been clicked inside of an email message sent by our system. We use this functionality to track which links were clicked and in what quantity, as well as the aggregate number of links clicked. This click tracking functionality does not collect any personally identifiable information.

Use and Disclosure of Your Personal Information


FMD may collect and process Personal Information for the following purposes:
  1. To ensure that content from the Site is presented in the most effective manner for you and your computer.
  2. To provide you legal services and/or to deal with any requests or inquiries you may have and to carry out our obligations arising from any contracts entered into between you and us.
  3. To conduct, monitor and analyze our business or Site operations.
  4. To conduct our recruiting and selection process.
  5. To protect the rights and safety of our affiliated entities and third parties, as well as our own.
  6. To meet legal requirements like complying with court orders and valid subpoenas.
  7. To provide information to representatives and advisors to help us comply with legal, accounting, or security requirements.
  8. To prosecute and defend a court, arbitration, or similar proceeding.
  9. To communicate with you about your client file for informational, not promotional, reasons.
  10. To transfer your information in the case of a sale, merger, consolidation, or acquisition. In that event, any acquirer will be subject to our obligations under this Privacy Policy.
  11. To send you informational and promotional content that you request from us or which we feel may be interest you, where you have consented to be contacted for such purposes . You can stop receiving our promotional emails by clicking the Unsubscribe link or following the Unsubscribe instructions included in every email.
  12. To provide support when you participate in our marketing programs, such as when you require accommodation for events or technical assistance for a webinar.
  13. As otherwise permitted by law.

When you request to be removed from certain marketing lists, your Personal Information, in accordance with the applicable data protection laws, will not be deleted but will be added to the relevant suppression list to ensure your request is complied with. All personal information is processed in line with the requirements of the DPA and applicable data protection laws.

We do not sell, trade or rent your Personal Information to third parties.

Public Information and Third Parties


Blogs
We have public blogs on our Site. Any information you include in a comment on our blog may be read, collected, and used by anyone. If your Personal Information appears on our blogs and you’d like it to be removed, contact us at website@fasken.com. If we are unable to remove your information, we will let you know why.

Social Media Widgets
Our Site may include Social Media Features, such as the Facebook Like button and Widgets, such as the “Share This” button or interactive mini-programs that run on our Site. These Features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

Links to Third-Party Sites
Our Site includes links to other websites, whose privacy practices may differ from those of FMD. If you submit Personal Information to any of those Sites, your information is governed by their privacy policies and we do not accept any responsibility or liability in respect of third party sites. Please check the privacy policies published on any third party sites which you may access through the Site before submitting Personal Information to them.

Accuracy of Data and Access to Information


We will use reasonable efforts to ensure that your Personal Information is kept as accurate, complete and up-to-date as possible. We will not routinely update your Personal Information, unless such a process is necessary. In order to help us maintain and ensure that your Personal Information is accurate and up to date, you must inform us, without delay, of any change in the information you provided to us.

You have a right to request access and rectification of your Personal Information by contacting us at website@fasken.com. In all cases we will treat requests to access information or change information in accordance with applicable legal requirements.
Your Personal Information is kept in a file entitled "Client File" (for clients), and in our electronic databases. For example, Personal Information is held by the Firm for the relevant accounting, billing and collection, conflict of interests, information technology ("I.T."), desktop publishing and marketing Committees or Departments.

Your Personal Information will be made accessible only to our employees and professionals who need it in the execution of their duties in accordance with the purposes of the uses listed above.

Safeguarding Personal Information


FMD is committed to protecting the security of your personal data. We use a variety of technological, physical and organisational protections and procedures to help protect your personal data from unauthorised access, use, or disclosure, such as encryption, passwords and physical security measures. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.