Beginning on January 1, 2004, all businesses engaged in commercial activities must comply with the Personal Information Protection and Electronic Documents Act, (“the Act”) and the Canadian Standards Association Model Code for the Protection of Personal Information, which it incorporates. These obligations extend to lawyers and law firms, including Neinstein Personal Injury Lawyers. The Act gives you rights concerning the privacy of your personal information. The Act makes Neinstein Personal Injury Lawyers responsible for the personal information we collect and hold. To ensure this accountability, we have developed this policy, and trained our lawyers and support staff about our policies and practices.Why Does Neinstein Personal Injury Lawyers Need Personal Information?
Neinstein Personal Injury Lawyers provides legal services to a wide range of clients. In doing so, it requires personal information in order to fulfill the terms of its retainers and to fulfill its professional responsibilities. As well, it occasionally produces and distributes materials concerning its services and new developments in the law.What Personal Information Do We Collect and How Do We Collect It?
Neinstein Personal Injury Lawyers collects personal information relevant to our retainers with our clients. According to the Act, Personal information is defined as follows: “personal information” means information about an identifiable individual but does not include the name, title or business address or telephone number of an employee of an organization. The information we collect may go beyond contact information and include financial or medical information (as an example) depending on the nature of the matter under investigation.
If we did not collect and use personal information we would not be able to provide legal services. In order to provide meaningful advice to our clients, we collect information only by lawful and fair means and not in an unreasonably intrusive way. Wherever possible we collect your personal information directly from you.
Sometimes we may obtain information about you from other sources, for example:
In most cases, we ask you to consent, if we collect, use, or disclose your personal information. Sometimes, your consent may be implied through your contact with us and the mere fact that we are retained to deal with a matter on your behalf. Thomson, Rogers’ standard retainer confirms our client’s consent to the collection, use, and disclosure of personal information in the course of our retainer.Use of Your Information
We use your personal information to provide legal advice and services, to fulfill our own professional responsibilities, to administer our client (time and billing databases) to manage our conflict avoidance program and, occasionally, to include you in our marketing activities. If you tell us that you no longer wish to receive marketing information about our services, or about new developments in the law, we will not send any further material to you.
Neinstein Personal Injury Lawyers does not disclose personal information to any third party to enable them to market their products and services. For example, we do not provide our client mailing lists to others. However, we do engage the services of third-party marketing firms to help us find clients and we take no responsibility for their actions with personal information.
Neinstein Personal Injury Lawyers will retain personal information as long as may be necessary to complete our retainer, fulfill our own professional responsibilities, conduct our business, satisfy the requirements of the Law Society of Upper Canada and our insurers and as may be required for the maintenance of our marketing activities and our conflicts system.Disclosure of Your Personal Information
Under certain circumstances, and/or as part of our client agreement, Neinstein Personal Injury Lawyers will disclose personal information, including:
Since we use personal information to provide legal services, it is important that the information be accurate and up-to-date. If during the course of the retainer, any of your information changes, please inform us so that we can make any necessary changes. If Thomson, Rogers holds information about you and you can establish that it is not accurate, complete and up-to-date, Thomson, Rogers will take reasonable steps to correct it.Is Personal Information Secure?
Neinstein Personal Injury Lawyers takes all reasonable precautions to ensure that personal information is kept safe from loss, unauthorized access, modification or disclosure. Among the steps taken to protect information are:
You may ask for access to any personal information we hold about you. However, we may ask that we be reimbursed for the time and cost to us of such access at our normal rates.Can I Be Denied Access to My Personal Information?
Rights to access your personal information are not absolute. We may deny access when:
If we deny your request for access to, or refuse a request to correct information, we shall explain why. Neinstein Personal Injury Lawyers does not use your Social Insurance Number as a way of identifying or organizing the information we hold.Can a Client Request Anonymity?
The Proceeds of Crime (Money Laundering) and Terrorist Financing Act and our Rules of Professional conduct may require us to confirm the identity of new clients. It may also require us to disclose information to FINTRAC in relation to certain large cash transactions.Credit Bureaus
To help us make credit decisions about clients, prevent fraud, check the identity of new clients and prevent money-laundering, we may on occasion, request information from the files of consumer reporting agencies.Communicating With Us
You should be aware that e-mail and online form submittal is not a 100% secure medium, and you should be aware of this when contacting us to send personal or confidential information. Neinstein Personal Injury Lawyers does not take any responsibility for personal information collected by third-party marketing firms.Cookies and Other Tracking Technologies
Tracking technologies may record information such as Internet domain and host names; Internet protocol (IP) addresses; browser software and operating system types; clickstream patterns; and dates and times that our Site is accessed. It is not our practice to link the information we record using tracking technologies to any Personal Information you submit while on the Site. However, we reserve the right to use IP addresses and other tracking technologies to identify a visitor only when we feel it is necessary to enforce compliance with the Site’s policies, to protect the Site, our customers, or others, or when we believe in good faith that the law requires it.Links to Other Sites; Public Venues
If you have any questions or wish to access your personal information, please write to our Privacy Contact at: Greg Neinstein Managing Partner Neinstein Personal Injury Lawyers Suite 700, 1200 Bay Street Toronto, Ontario M5R 2A5 [email protected]
If you are not satisfied with our response, the Privacy Commissioner of Canada can be reached at: 112 Kent Street, Ottawa Ontario, K1A 1H3 1-800-282-1376Employment Inquiries
If you apply to Neinstein Personal Injury Lawyers for a job, we need to consider your personal information, as part of our review process. We normally retain information from candidates after a decision has been made, unless you ask us not to retain the information. If we offer you a job, which you accept, the information will be retained in accordance with our privacy procedures for employee records.Web Site