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Privacy Policy

Last revised: November  22, 2017

 

Our Commitment  To Privacy

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

 

This Website Privacy Policy (“Privacy Policy”) applies to and governs how Fasken may collect, use, disclose, retain, dispose and otherwise process any personal data (“Personal Information”) of our clients and other individuals (“you”) collected through the use of these websites.  This Privacy Policy is based on the privacy and data protection principles common to the countries in which we operate. We will outline the choices you have regarding such use and disclosure, and how you may correct and have access to your Personal Information.

 

What is Personal Information?

For the purposes of this Privacy Policy, “Personal Information” means all recorded information about an identifiable individual, with the exception of the names and business contact information of employees, volunteers and services providers, when used for business communications. To determine whether information is about an “identifiable individual”, the Privacy Commissioner of Canada has formulated the following test: Information will be about an identifiable individual where there is a serious possibility that an individual could be identified through the use of that information, alone or in combination with other available information.

 

Consent To Privacy Policy Terms 

By using these websites, www.fasken.com, pcs.fasken.com, www.timelydisclosure.com, www.competitionchronicle.com, whitecollarpost.com, taxedinternational.com or us.fasken.com (the “Site”), or registering to receive email content from Fasken by providing your Personal Information to us, you acknowledge and consent to the use of such information in accordance with our Terms of Use and this Privacy Policy.

 

If you do not consent to the collection, use and disclosure of your Personal Information in accordance with this Privacy Policy, please do not provide any personal information to Fasken. 

 

You may change or withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting our Privacy Officer using the contact information set out below.

 

How We Collect Your Personal Information

 

Information You Provide To Us

When you visit our website or request a service from Fasken, we may collect Personal Information or other information related to you which you choose to provide.  For example, 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 are willingly providing information; which could include the collection of Personal Information. Depending on the circumstances, this may include Personal Information such as but, not limited to, physical mailing address, personal email address, phone number(s), and other details like gender, occupation, and other demographic information. 

 

Third Party Information Collection

We will collect your information from third parties, 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 Fasken, of such Personal Information, in accordance with this Privacy Policy, unless otherwise permitted by law.

In some circumstances, we may be required by applicable law and regulatory requirements, or by the rules of professional conduct that govern the legal profession, to collect, use or disclose your personal information without your knowledge or consent. 

 

Information Collected From Your Use of the Site

To ensure our Site is optimized for ease of use,  and/or for future communications, we or our service provider(s) may use cookies to 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, your language preferences, browser used, referring web addresses, other communication data, searches conducted, pages visited, etc. See our Use of Cookies for more information.

 

Our email marketing communications may contain a single, campaign-unique “web beacon pixel” to tell us whether our emails are opened and combined with other technology verify any clicks through to links within the email. We may use this information for purposes including determining which of our emails are more interesting to you and to query whether users who do not open our emails wish to continue receiving them. The pixel will be deleted when you delete the email. If you do not wish the pixel to be downloaded to your device, through your email client, you can opt to not download images from us.

 

You may also choose not to click links in the email marketing communications that we send you. This information may be connected to your personal identity.

 

Safeguarding Your Personal Information

Fasken is committed to protecting the confidentiality, integrity, availability and privacy of your Personal Information by employing a variety of people, process and technology safeguards in alignment with ISO/IEC 27002:2013 (International Organization for Standardization - Information technology - Security techniques - Code of practice for information security controls.)

 

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 you provide; is at your own risk. Once we have received your information, we will apply our security practices to try to prevent unauthorized access, use and/or disclosure.

 

Fasken may store and process your personal information at Fasken data centers located in Canada, or in some cases our data center located in Johannesburg, South Africa, or with our trusted service providers. We will use contractual and other means to provide a comparable level of protection while information is being stored, handled and processed using any third party service providers.  

 

Use and Disclosure of Your Personal Information

Our Firm members are subject to professional and ethical obligations, and therefore will not disclose Personal Information subject to solicitor-client privilege, unless the client has provided their consent. 

 

We use or disclose your Personal Information as described below, and for any additional purposes for which we have obtained your consent.  We share your Personal Information with Firm members, contractors, consultants and other parties who require such information to assist us with establishing, maintaining and managing our relationship with you.  

 

Fasken 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 of interest to 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.

 

Transfer of Information Abroad

By disclosing your Personal Information to any of Fasken’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 Fasken’s affiliated entities, who are also subject to this Privacy Policy. It may also be processed by individuals operating outside your geographical location.  Such individuals 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.

 

Accuracy of Personal 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.

 

Retention

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 Firm members and professionals who need it in the execution of their duties in accordance with the purposes of the uses listed above. Personal Information you provide via this website may be kept as a permanent record and will not be deleted unless requested. Except, if we believe the information to be inaccurate or that it will not be useful in the future.

 

 

 

 

Disposal of Your Personal Information

When you request to be removed from certain marketing lists, your Personal Information, in accordance with the applicable jurisdiction and data protection laws, may not be deleted, but may be added to the relevant suppression list to ensure your request is complied with.

 

Public Forum Information and Third Parties

 

Blogs

We have public forum 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 such service.

 

Links to Third-Party Sites

Our Site includes links to other websites, whose privacy practices may differ from those of Fasken. 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.

 

Changes to Privacy Policy

Privacy laws continue to evolve and, as a result, this Privacy Policy may be changed by Fasken from time to time at our full discretion without any prior notice or liability to you or any other person. The collection, use and disclosure of your Personal Information by Fasken will be governed by the version of this Policy in effect at that time.

 

Contacting Us

Any request to access or correct your Personal Information and any question or comment you may have with respect to our Privacy Policy must be sent to the Privacy Officer by mail or email using the following contact information:

 

Email: aaylwin@fasken.com

Attention: 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 website@fasken.com. Alternatively, you can contact us in writing at:

 

Attn: Privacy Officer

Fasken Martineau DuMoulin LLP

17 Hanover Square

London, UK W1S 1HU