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Torkin Manes Barristers and Solicitors - Client Focused Solutions Torkin Manes Barristers and Solicitors - Client Focused Solutions
Privacy Policy TORKIN MANES LLP
PRIVACY POLICY - Effective January 1, 2004

At Torkin Manes LLP ("Torkin Manes"), we are committed to protecting the privacy and confidentiality of the personal information of our clients (individually, the "Client" and collectively, the "Clients".)

As lawyers, we have a professional obligation to maintain in confidence information we receive within a lawyer-client relationship. The purpose of this Privacy Policy is to advise you as to why we ask for personal information, how we use it, what safeguards we employ, and how to contact us with privacy-related questions.

What Is Personal Information?

In this Privacy Policy, "Personal Information" means information that specifically identifies a Client as an individual and is provided to, or collected by, Torkin Manes and its staff or by Torkin Manes's agents, associates, and affiliates on Torkin Manes's behalf (collectively, the "Torkin Manes Group"). Personal Information however, does not include your name, business title or business contact information in your capacity as an employee.

Why Torkin Manes Collects Personal Information

Torkin Manes collects and uses Personal Information for the following purposes:
  • Providing legal services and products to the Client;
  • Advising Clients of the legal services provided by Torkin Manes, as well as, ongoing developments of the law;
  • Auditing the services provided to our Clients;
  • Administration, billing, accounting and collection issues related to a Client's account with Torkin Manes;
  • Compliance with all municipal, provincial, federal and other applicable laws; and
  • Such other specific purposes which are communicated to the Client by a member of the Torkin Manes Group before collection of such Personal Information.

Except when otherwise permitted by law, we will only use a Client's Personal Information for the purposes identified to the Client. When Personal Information is to be used for a purpose not identified, we will take all reasonable steps to ensure that new purpose is identified prior to use.

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How Do We Collect Personal Information?

Wherever possible we collect your personal information directly from you, at the start of a retainer and in the course of our representation. Sometime we may obtain information about you from other sources, for example, from:
  • a Client's insurance company;
  • a Client's real estate agent in a property transaction;
  • from a government agency or registry;
  • A Client's employer, at the Client's request; and
  • A Client's accountant, banker, financial advisor or other professional.

Consent

Your provision of Personal Information to Torkin Manes means that you agree and consent that Torkin Manes can collect, use and disclose your Personal Information in compliance with this Privacy Policy. Torkin Manes will not collect, use or disclose a Client's Personal Information without the Client's requisite consent, except in certain extraordinary circumstances. Such extraordinary circumstances shall include without limitation, when legal, medical or security reasons make it impossible or impractical to obtain consent or where it is otherwise in the best interests of the Client.

The most common method we use to obtain a Client's consent is by way of the Client's oral consent as confirmed by a retainer letter or, where applicable, by Client intake questionnaire. Where practicable, we may also obtain a Client's consent through oral communications. You may also consent by implied means such as when you have previously provided Personal Information to us and continue to use our legal services on other matters or where you provide us with your personal telephone number so that we can contact you at home or place of work.

Our Clients may withdraw their consent by written notice to us at any time, subject to any legal or contractual restrictions and reasonable notice. A Client's refusal to provide, or subsequent withdrawal of, his or her consent may affect Torkin Manes's ability to provide the Client with legal services. A member of Torkin Manes will inform the Client of the implications of such withdrawal. To withdraw consent, a Client should contact the Chief Privacy Officer in writing at:

    Torkin Manes LLP
    151 Yonge Street, Suite 1500
    Toronto, Ontario, M5C 2W7

    Attn: Privacy Officer
    E-mail
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Use and Disclosure of Personal Information

We will use a Client's Personal Information to provide legal advice and services to the Client, to administer our database, to include Clients in direct marketing activities and for the other uses described above under the heading "Why Torkin Manes Collects Personal Information". Under certain circumstances, Torkin Manes will disclose a Client's personal information to third parties. Specifically, Personal Information may be used, shared and disclosed to, from, or with, the members of the Torkin Manes Group, witnesses in a litigation proceeding, experts retained on a Client's behalf, private investigators, agents retained on behalf of a Client, credit reporting agencies, credit bureaus, as well as such other third parties as are necessary to facilitate the matter for which the Client has retained our office and provided its consent.

Under certain circumstances Torkin Manes may disclose Personal Information where:

  • required or authorized by law to do so, for example if a court issues a subpoena;
  • a Client has consented to the disclosure;
  • when the legal services Torkin Manes is providing to a Client requires us to give Personal Information about a Client to a third party (for example, to a lender in a real estate mortgage transaction) the Client's consent will be implied, unless the Client tells us otherwise;
  • where it is necessary to establish or collect fees;
  • if Torkin Manes engages a third party to provide administrative or support services to us (such as computer back-up services, shredding or archival file storage) and the third party is bound by our Privacy Policy;
  • expert witnesses on behalf of a Client require the information;
  • if we retain other law firms on behalf of a Client; or
  • if the information is already publicly known.

Limiting collection and retention of Personal Information

Torkin Manes limits the collection of a Client's Personal Information to that which is necessary for the purposes identified in this Privacy Policy as same may be amended from time to time, or for any additional purpose identified to the Client before the collection of the Personal Information. As well, Personal Information is not used or disclosed for purposes other than those for which it was originally collected, except with the consent of the Client or as otherwise permitted by law.

Torkin Manes will retain Personal Information only for so long as it is needed to fulfill the purposes for which it was obtained and to meet our professional requirements as set out by the Law Society of Upper Canada and/or any other legal requirement, statutory or otherwise, from time to time.

Accuracy

Torkin Manes strives to ensure that a Client's Personal Information is as accurate, complete, and up-to-date as is necessary for the purposes for which it is used.

Safeguards

Torkin Manes endeavours to maintain adequate safeguards to protect against loss, theft, unauthorized access, disclosure, copying, use or modification of Clients' Personal Information in the care of the Torkin Manes.

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Accountability, Openness and Client Access

Torkin Manes is responsible for the Personal Information under its control and has appointed a Chief Privacy Officer to oversee our efforts to comply in all material respects with applicable privacy legislation and the terms of this Privacy Policy. The Chief Privacy Officer and those designated by the Chief Privacy Officer (the "Privacy Team") address and investigate questions or concerns regarding a Client's Personal Information.

To reach the Chief Privacy Officer or a member the Privacy Team, please call 416-863-1188 or e-mail. A copy of this Privacy Policy and any future updates or amendments is available at www.torkinmanes.com.

Torkin Manes will provide a Client access to their Personal Information. The Client may correct or amend any inaccuracies in the Client's Personal Information. Torkin Manes has the right to refuse a request for access to Personal Information if:

  • The information is protected by legal privilege;
  • Granting access would reveal confidential commercial information;
  • Doing so would reasonably be expected to threaten the life or security of another individual;
  • The information was collected for purposes related to the detection and prevention of fraud;
  • The information was generated in the course of a formal dispute resolution process;
  • The information would likely reveal personal information about another individual;
  • The request is vexatious or frivolous;
  • The information would prejudice negotiation with you; or
  • To protect our firm's rights and property.

Challenging Compliance

Clients are encouraged to discuss any privacy issues with the lawyer handling their matter, the Managing Partner, the Chief Privacy Officer or a member of the Privacy Team.

Changes To This Privacy Policy

Torkin Manes will from time to time review and revisit privacy practices and this Privacy Policy. In the event of any material amendment, an appropriate notice will be posted on Torkin Manes's Web site. All Clients are encouraged to contact Torkin Manes to establish if any updates have been made to this Privacy Policy, which can be ascertained by the date listed at the top of this Privacy Policy. All updates and amendments to this Privacy Policy can be found at www.torkinmanes.com.

Torkin Manes Web site

Our Web site may contain links to other sites, which are not governed by this Privacy Policy. On our Web site, like most other commercial Web sites, we may monitor traffic patterns, site usage and related site information in order to optimize our web service. We may provide aggregated information to third parties, but these statistics do not include any identifiable personal information.

Communicating With Us

We recognize that convenience and quick access to advice must be balanced with security needs. We use many different means to communicate with clients, some of which are more convenient such as e-mail. Our E-mails are sent with industry standard 128 bit encryption. Such encryption however does not guarantee privacy and security as encrypted messages can nonetheless be subject to interception and translation. If you do not wish us to communicate with you by e-mail, please speak with the lawyer handling your matter about alternative arrangements.

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