We are proud to demonstrate our commitment to your privacy. The purpose of this Privacy Statement is to inform you about the types of Personal Information Fasken Martineau DuMoulin LLP (hereinafter "FMD" or the "Firm") collects, uses and discloses. It explains how we use and disclose that information, the choices you have regarding such use and disclosure, and how you may correct and have access to that information.
Privacy law is a new and rapidly evolving area, and our privacy policies are subject to review to maintain their accuracy and compliance with evolving law and policy in the area. This document is current as of the date noted above. Addressing frequently asked questions concerning our firm's commitment to your privacy and personal information protection.
1. To which organizations/enterprises does this Privacy Statement apply?
1. To which organizations/enterprises does this Privacy Statement apply?
FMD is one Limited Liability Partnership established nationally, with offices in Vancouver, Calgary, Toronto, Ottawa, Montréal and Québec City. In addition, FMD operates offices in London (UK), Paris (France) and Johannesburg (South Africa). FMD is a leading national business and litigation law firm that provides services to its clients in virtually all areas of the law. In order to better serve our clients and employees, human resources and client related information may be from time to time transferred to outsourcing companies for processing related to services rendered to and for clients, to establish, manage and terminate an employment relationship, and for administrative or management requirements. See paragraphs 4 and 5
below. 2. What is Personal Information?
Personal Information is generally any information about an identifiable individual. The type of personal information FMD collects, uses and discloses may include your name, age, mailing address, residential address, residential phone numbers or email address, personal history (including financial and credit information, donations, personal health information, billing history, personal family and relationship matters, penal or criminal information), personal information related to corporate involvements, work experience (past and present), discipline, income and other benefits, medical records, tax records, and security clearances. Personal Information however may not include your name, business title or business address and business telephone number in your capacity as an employee of an organization/enterprise. 3. How do we collect your Personal Information?
We will always collect your Personal Information by fair and lawful means, including retainer, general correspondence, faxes, emails and telephone inquiries. We often collect Personal 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. Third parties include, as examples, witnesses, service providers, references and other persons that we need to contact to provide services to and for clients, to establish, manage or terminate an employment relationship, or for administrative or management requirements.
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 statement, unless otherwise permitted by law.4. How do we use your Personal Information?
We have identified (at paragraph 8
below) the general purposes for which we collect and use your Personal Information. We identify the other purposes for which we use your Personal Information at the time we collect such information from you and obtain the requisite consent, unless otherwise permitted by law, prior to such other use. Summarily, we collect your Personal Information primarily to provide services to and for clients, to establish, manage or terminate an employment relationship, or for administrative or management requirements, and to enhance our relationship with clients and employees. We do not sell client lists or other Personal Information. We may also use your Personal Information as otherwise permitted by law.
Your Personal Information is kept in a file entitled "Client File" (for clients), "Employee File" (for employees) and "(name of Committee or Department concerned) File" (for administrative or management purposes). For example, the latter type of File will cover the Personal Information held by the Firm for the relevant accounting, billing and collection, conflict of interests, recruitment, information technology ("I.T."), secretarial service, desk top publishing and marketing Committees or Departments.
We wish to inform you that we use contact information in order to provide clients and others with publications, seminars and other communications that may be of interest that the Firm puts in place or publishes. 5. To whom do we provide your Personal Information?
We identify to whom, and for what purposes, we disclose your Personal Information. For example, we may disclose your Personal Information:
(a) For the general purposes listed at paragraph 8
(b) to any of our offices for services rendered to and for clients, to establish, manage or terminate an employment relationship, and for administrative or management requirements, including building and maintaining the Firm's expertise and experience;
(c) to other Professionals Firms, Government Agencies and any other organizations/enterprises, when required for services to and for clients, as well as for compliance and insurance obligations;
(d) to third party service providers with whom we have a contractual agreement, which have comparable levels of privacy protection, for the processing related to services rendered to and for clients, to establish, manage and terminate an employment relationship, and for administrative or management requirements (such as, in all cases, for photocopying, printing and faxing, shredding, storage and other document management, payroll, I.T., including software maintenance, consulting and staffing services, investigations and searches, independent expert matters, collection, bailiffs and services);
(e) such other disclosures of Personal Information to such persons for which you provide your consent; and
(f) as otherwise permitted by law.
When supplementary disclosure is required, we will identify (at the time we collect such information from you and obtain the requisite consent to such disclosure, unless otherwise permitted by law) the other persons/organizations/enterprises and the other purposes to whom and for which disclosure may occur. 6. When and how do we obtain your consent?
Except when otherwise permitted by law, we obtain the requisite consent prior to collecting and, in any case, prior to using or disclosing your Personal Information for any purpose. You may provide your consent to us either orally or in writing. We will obtain your express consent as often as possible. Your consent may also be intrinsic to the circumstances such as in the case where you have already provided Personal Information to us and you maintain your relationship with us or where you provide our representatives with your phone number so that we can contact you at home. Except when otherwise permitted by law, we will only use the information for the purpose for which it was given. From time to time, we may collect, utilize or disclose your Personal Information based on your consent and as otherwise permitted by law.
When your consent is required, you can withdraw consent at any time (unless withdrawing the consent would frustrate the performance of legal obligations), and upon providing us with a 30-day notice. However, the withdrawal of your consent may impact on our ability to serve you and to maintain our relationship.
In certain circumstances, as permitted or required by law, we may collect, use or disclose Personal Information without your knowledge or consent. These circumstances include (where applicable): information on individuals which is publicly available; where collection or use is clearly in the interests of the individual and consent cannot be obtained in a timely way; to investigate a breach of any agreement or a contravention of a law; to comply with a subpoena, warrant, court order or as required or otherwise permitted by law. 7. How do we ensure the privacy of your Personal Information when dealing with third parties?
We remain responsible for all personal information communicated to third parties for processing. As such, we ensure that third parties which are engaged to perform services on our behalf and are provided with Personal Information are required to observe the intent of this Privacy Statement by having comparable levels of security protection or, when required, by ensuring us (through a confidentiality agreement) that they will not use or disclosure the personal information for any other purpose that for which the Personal Information was communicated. 8. What limiting principles do we adopt?
FMD only collects the personal information necessary to fulfil the purposes identified to you prior to or at the time of collection, or any other reasonable and legitimate purposes or as required by law.
FMD does not, as a condition of supplying a service to you, or of establishing, managing or terminating an employment relationship, or as an administrative or management requirement, require consent to the collection, use or disclosure of personal information beyond that reasonably required for such purposes, or to comply with its obligations under applicable law.
We do not use or disclose your personal information, except for the purposes for which it was collected, or new purposes to which you have consented, or as required or otherwise permitted by applicable law.
FMD usually collects and uses your Personal Information for the following purposes:
a) The personal information that you supply and we gather with regard to your Client-Firm relationship is kept in a file known as the "Client File". The personal information contained in this file is collected, used or communicated generally for the following purposes:
i) collecting, recording and using the information relevant to the performance of the services rendered to and for you;
ii) recording and determining your various services in your relationship with us;
iii) administration, billing, accounting and collection in relation to your business and relationship with us;
iv) protecting against fraud and error;
v) communicating with you generally or to ensure your satisfaction;
vi) communicating the information to a sub-contractor (or other agents or intermediaries) in the course of a contract or mandate for the performance of any of the purposes listed above as well as those listed at paragraph 5
b) With respect to an employee of FMD, we keep a file relating to your employment with us, which is called "Employee File". The personal information contained in this file is collected, used and communicated generally for the following purposes:
i) decision making regarding your hiring, duties, transfer, training, discipline, promotion and retention, and in the case of lawyers (when applicable), access to partnership;
ii) recording and determining your eligibility for participation in various FMD's benefit plans, including life insurance coverage, group RRSP and personal or maternity leave, and the receipt of short or long term disability payments and the managing of such participation;
iii) recording and maintaining your personal information, attendance record, service award and bonuses record, performance evaluations, performance improvement plans, remuneration details, including FMD or a third party system of remuneration, or maintaining any other necessary information for establishing, managing or terminating the employment relationship (including its related benefits), as well as the determination of the applicable income and benefits;
iv) communicating the information to sub-contractors (or other agents or intermediaries) in the course of the performance of a contract or mandate for the performance of any of the purposes mentioned above as well as those listed at paragraph 5
c) With respect to the various FMD's Committees or Departments, we keep a file entitled "(Name of the Committee/Department) File". The Personal Information contained in this File is collected, used and communicated for the following purposes:
i) to provide services to and for client, to establish, manage or terminate an employment relationship and for administrative or management requirements related to the Firm providing services and building and maintaining its experience and expertise;
ii) communicating with you generally, or to ensure your satisfaction, or to inform you of the developments in various areas of law as well as seminars (and other events) that FMD puts in place, and other publications that we make to clients or others;
iii) communicating to sub-contractors (or other agents or intermediaries) any of your Personal Information in the course of the performance of a contract or mandate for the execution of any of the purposes mentioned above as well as those listed at paragraph 5 above. 9. How long will we utilize, disclose or retain your Personal Information?
We may keep a record of your Personal Information, including correspondence or comments, in the applicable file specific to you. We will utilize, disclose or retain your Personal Information for as long as necessary to fulfill the purposes for which it was collected and as required or otherwise permitted by law. We will establish minimum and maximum retention periods and procedures for maintaining and destroying your Personal Information. 10. How can you access your Personal Information that we have collected, utilized or disclosed?
Subject to the exceptions provided by the applicable law, we will make available to you any specific Personal Information about you that we have collected, utilized or disclosed, upon your written request. We will make such information available to you in a form that is generally understandable, including explaining any abbreviations or codes and using an alternative format, if required. Simply send your request for access to the Privacy Officers listed at paragraph 17
below. 11. How do you know that the Personal Information we have on you is accurate?
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 Privacy Information is accurate and up to date, you must inform us, without delay, of any change in the information you provided to us. 12. What if the Personal Information we have on you is inaccurate?
You can at any time, challenge the accuracy or completeness of the Personal Information we have on you, subject to the exceptions provided by the applicable law. If you successfully demonstrate that the Personal Information we have on you is inaccurate or incomplete, we will amend the Personal Information as required. Where appropriate, we will transmit the amended information to third parties to whom we have communicated your Personal Information. 13. How fast will we respond to your written requests?
Access to your Personal Information contained in a file is free of charge. However, a reasonable charge may be required when you request the transcription, reproduction or transmission of such information. We will notify you, following your request for transcription, reproduction or transmission, of the appropriate amount that will be charged. You will then have the opportunity to withdraw your request. 15. How do we know that it is really you requesting your Personal Information?
We may request that you provide sufficient identification to permit access to the existence, use or disclosure of your Personal Information. Any such information shall be used only for this purpose. 16. What safeguards have we implemented to protect your Personal Information?
FMD is committed to protecting the security of personal information. We therefore use security safeguards appropriate to the sensitivity of personal information to protect it from loss or theft, as well as unauthorized access, disclosure, copying, use or modification. These safeguards include physical measures, such as restricted access to offices and equipment, organizational measures, such as security clearances and publishing this policy to all FMD's members and personnel with the strict instructions to act in accordance with its principles (for example, limiting access on a "need to know" basis) and technological measures, such as the use of passwords, encryption.
We wish to give you examples of the categories of personnel that may be considered as having the "need to know" for the Personal Information contained in a File:
a) "Client File": the Firm's professionals (including paralegals, articling students and students at law) and their support staff (including secretaries or assistants) for purposes of client work, precedents usage and other services to and for clients, and for compliance and insurance coverage, as well as the administrative or management staff (when necessary for conflict search, technical and I.T. services, accounting, billing or collection matters or any other services to and for clients or for compliance and insurance obligations);
b) "Employee File": the Human Resources personnel (and other employees of the administrative or management staff) and the professionals, when necessary to establish, manage or terminate an employment relationship, including in the case of lawyers (when applicable) access to partnership;
c) "(name of Committee or Department) File": the professionals and the administrative or management staff vested with specific duties and responsibilities in the Committee or Department concerned. 17. How do you contact us regarding access to your Personal Information or making complaints?
Files are generally located at the relevant FMD's regional office.
Attn: Antoine Aylwin
Fasken Martineau DuMoulin LLP
Chief Privacy Officer
800 Place Victoria, Suite 3400
Montréal, Québec H4Z 1E9
By telephone: 514 397 5123
Our Privacy Officer, if you wish, can inform you when you make an inquiry or lodge challenges or complaints of the relevant procedures.