Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the identified purposes at any time by contacting the Fernandes Hearn LLP Chief Privacy Officer. If you refuse or withdraw your consent, we may not be able to provide you or continue to provide you with the legal services or information which may be of value to you.
What Personal Information do we collect?
Canadian privacy legislation defines "Personal Information" broadly as information about an identifiable individual or as information that allows an individual to be identified. For the purposes of this policy, Personal Information means information about an identifiable individual as defined from time to time in applicable privacy legislation. Generally speaking Personal Information does not include what is considered business contact information: your name, title or position, business address, telephone number, facsimile number, or e-mail address. The types of Personal Information that Fernandes Hearn LLP may collect about you includes your name, home address, telephone number, personal email address, billing and account information, information about a client's legal issue and other information incidental to providing legal advice and services (including Personal Information about witnesses, family members, beneficiaries, directors, officers, employees, adverse parties, parties-in-interest, investigators, decision makers, experts, other professional advisors, and our clients' business partners, investors, shareholders, competitors and customers whom are individuals).
Why do we collect your Personal Information?
In general, Fernandes Hearn LLP collects, uses and discloses Personal Information about our clients and service providers in order to provide our clients with professional legal services. More specifically, we collect, use and disclose your Personal Information for the following purposes:
- provide legal services to you, in accordance with your instructions;
- bill you for legal services rendered;
- provide information to you about developments in the law; and
- advise you of upcoming firm events.
- for any other purpose to which you consent.
When do we disclose your Personal Information?
From time to time, Fernandes Hearn LLP may disclose your Personal Information:
- when we are required our authorized by law to do so, for example if a court issues a subpoena;
- when you have consented to the disclosure;
- when the legal services we are providing to you require us to give your information to a third party (for example, to a lender in a real estate mortgage transaction) your consent will be implied, unless you tell us otherwise;
- where it is necessary to establish or collect fees;
- if we engage expert witnesses on your behalf;
- if we retain other law firms in other jurisdictions, on your behalf; or
- if the information is already publicly known.
Where do we store your Personal Information?
Your Personal Information is stored in secured locations and on servers controlled by Fernandes Hearn LLP, located either at our offices or at the offices of our service providers.
How may you obtain access to your Personal Information?
You may ask for access to any personal information we hold about you.
Summary information is available on request. More detailed requests that require archival or other retrieval costs may be subject to our normal professional and disbursement fees.
We may deny access when:
- denial of access is required or authorized 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 Fernandes Hearn LLP holds information about you and if you can establish that it is not accurate, complete and up-to-date, Fernandes Hearn LLP will take reasonable steps to correct it.
Privacy and our Website
- E-Mail Communications - Occasionally, we may send marketing or promotional e-mail communications to you with information that may be useful, including information about the services of Fernandes Hearn LLP and other third parties with whom we have a relationship. You may contact us any time if you decide you do not want to receive any future marketing or promotional e-mails from Fernandes Hearn LLP.
- Links - Our website may contain links to other websites which are provided as a convenience only. Visitors are advised that other third party websites may have different privacy policies and practices than Fernandes Hearn LLP, and Fernandes Hearn LLP has no responsibility for such third party websites.
Fernandes Hearn LLP
Chief Privacy Officer
155 University Ave. Suite 700
Toronto M5H 3B7, Canada