As of January, 2004
Collection of Personal Information
We collect information only by lawful and fair means and not in any unreasonable or intrusive way. We may collect information by way of verbal or written correspondence including faxes, emails and telephone inquiries. Wherever possible, personal information is collected directly from the individual either at the start of a retainer or during the course of the representation. Depending on the work we are conducting for you, information may also be obtained from other sources; for example, from:
- insurance companies;
- witnesses in litigation matters;
- other parties to a transaction or file you have retained us to work on;
- government agencies or registries; and
- accountants and other consultants.
Because we only collect personal information which an individual would reasonably expect us to require in order to provide you with our legal services, our standard business practice is that we do not ask for written consent for us to use your personal information. In most cases, consent to the collection and use of personal information will be implied when we are provided with information we require to successfully meet the requirements of the client retainer and provide effective representation. In rare cases, we will ask for your formal consent to our collection or use of your personal information if and when the personal information will be used for purposes other than those required to provide the services you have retained us to provide.
Use and Disclosure of Personal Information
Malach Fidler Sugar + Luxenberg LLP professionals (including law clerks, articling students and students-at-law) and their support staff (including assistants), as well as the firm’s management and administrative staff, use personal information of clients for the purposes of client work, such as providing legal and related services to individuals and corporations, for precedents usage, to administer client accounts, including time, billing and contact information databases, to perform conflict searches, to enhance our relationship with clients and to provide legal updates which we believe to be of relevance to our clients. In addition, we may send you holiday cards and other greetings from firm lawyers whom you know. If an individual is already a client of Malach Fidler Sugar + Luxenberg LLP, or has been in the past, we maintain their client information to facilitate the provision of ongoing services, or anticipated future service. The firm does not disclose personal information to any third party to enable them to market their products or services, but it may disclose personal information in certain circumstances, as set out below.
Subject to our professional obligations to keep client information confidential, under certain circumstances the firm will disclose personal information to a third party without express client consent, including, where required, or authorized, by law (e.g. if a court issues a subpoena) or where the legal services you have retained us to provide requires us to give personal information to a third party (e.g. to a lender in a real estate mortgage transaction, to a government agency for permit applications, consents etc., and any other organization or enterprise when required for services to and for clients).
Where Malach Fidler Sugar + Luxenberg LLP is required to disclose personal information of clients to third parties for data processing (e.g. for contracted services such as photocopying, computer backup services or archival storage services) or other third party services related to services rendered to and for clients, we will ensure that those third parties agree to only use the personal information for the specified administrative purposes and agree to provide a level of protection to the information comparable to that adopted by Malach Fidler Sugar + Luxenberg LLP.
Safeguarding Your Personal Information
Malach Fidler Sugar + Luxenberg LLP takes all reasonable precautions to ensure that personal information is kept safe from loss or theft, unauthorized copying, use, access, modification or disclosure. Among the steps taken are:
- premises security restricting access to offices and equipment;
- restricted file access to personal information;
- technology safeguards, including security software, firewalls to prevent hacking or unauthorized computer access;
- circulating this policy to all Malach Fidler Sugar + Luxenberg LLP members and personnel with strict instructions to act in accordance with its principles (e.g. limiting access to client information on a “need to know” basis); and
- internal password and security policies.
We note that while we take all appropriate steps to safeguard personal information under our control, there is an inherent risk involved in the exchange of information using any form of communication, such as email, telephone, fax transmission and courier service. We assume no liability for any damages you may suffer as a result of interception, alteration or misuse of information during such transfers.
Access to Personal Information
Individuals may write to our Privacy Officer at the address below to request access to personal information held about them. Malach Fidler Sugar + Luxenberg LLP will provide access to this information in the manner provided for in the Act. If required or authorized by law, access to personal information may be denied.
Malach Fidler Sugar + Luxenberg LLP undertakes to correct any information used in the course of providing services to clients that is shown to it to be inaccurate, incomplete or not up to date. Note that certain personal information is stored for historical purposes and is not updated. During the course of any engagement or any other exchange of information, any updates to client information will be immediately entered into our systems.
If a request for access or a request to correct information is denied, Malach Fidler Sugar + Luxenberg LLP will provide an explanation of the reasons for such refusal.
If you have any questions or wish to ask us about our personal information management, please write to our Privacy Officer at:
Malach Fidler Sugar + Luxenberg LLP
30 Wertheim Court, Unit 6
Richmond Hill, ON L4B 1B9
Malach Fidler Sugar + Luxenberg LLP will investigate any complaints relating to our information management practices. Wherever it is legal and practical, Malach Fidler Sugar + Luxenberg LLP will consider offering the opportunity to deal with general inquiries without an individual disclosing their name or other identifying information.