Privacy Policy

Website Privacy Policy

Beard Winter LLP (“Beard Winter”) is a partnership of lawyers in Toronto.  BW Law Limited Partnership (“BW Law”) provides non-legal services to Beard Winter.  This privacy policy applies to Beard Winter, BW Law, and all:

  • partners of Beard Winter;
  • lawyers employed by Beard Winter;
  • articled or law students who are employed at Beard Winter;
  • employees of Beard Winter and BW Law.

All such persons and entities are hereinafter referred to as “BW”.

BW is governed by and will act in accordance with the common law of solicitor-client privilege and confidentiality with respect to communications made in a solicitor-client relationship.  Such communications include all written and oral communications with clients, including those of an electronic nature.  Other communications made by non-clients to BW in the course of our duties may also be protected by common law privilege.

Further, BW is governed by and will act in accordance with the Law Society of Upper Canada’s Rules of Professional Conduct, which contains specific provisions related to privilege and confidentiality.

Our privacy policy explains how BW collects, uses, discloses and retains personal information. Our privacy policy also includes information on how you can request access to your personal information, how you can update your personal information, and how you can withdraw consent to the collection, use, disclosure or retention of your personal information.

WHAT IS PERSONAL INFORMATION?

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. Personal information includes particulars as to birth date, race, ethnic origin, colour, age, marital status, religion, education, medical, criminal, employment and financial history, address, telephone number, Social Insurance Number, fingerprints, blood type, tissue or biological sample, views or personal opinions.

Personal information may be in the form of correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape, machine-readable record and any other documentary material, regardless of physical form or characteristics, and any copy of any of those things.

THE COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION

We may collect personal information from you in the following ways:

  • When you complete forms on our website;
  • When you send us an email message, letter or facsimile transmission;
  • When you send us an application for a position;
  • When you retain us; or,
  • In meetings or in telephone conversations with you.

We may use your personal information for the following reasons:

  • To respond to your inquiries or requests;
  • To work on your file;
  • To invoice you for services rendered;
  • To provide you with information that we believe may be of interest to you;
  • To include you in any of our direct marketing activities.

We may disclose your personal information under the following circumstances:

  • Where it is required or authorized by law;
  • When you have consented to the specific disclosure;
  • Where your legal matter requires disclosure to a third party, in which case your consent would be implied; and
  • Where the information is already publicly known.

You are consenting to the collection, use or disclosure of your personal information when you provide such information to BW on or through its website.  Personal information such as your name, address, telephone number and email address may be used to contact or correspond with you.

BW does not sell or trade your personal information.  BW does not disclose your personal information except as required or permitted by law.

If you want to withdraw your consent to any such collection, use or disclosure, please contact our Privacy Officer with a written request.

EMPLOYEES

Employee records will be collected, used, disclosed and retained in accordance with our privacy policy.

It is our standard practice to retain applications for positions at BW, whether or not the applicant is successful in securing employment with us. If you do not want us to keep a file regarding your application, please contact our Privacy Officer with a written request.

SECURITY

Personal information is confidential and private.  BW accordingly implements safeguards for its protection.  Security measures are taken by BW to ensure against loss, theft, unauthorized collection, use, disclosure and modification of personal information.  All lawyers and employees of Beard Winter and BW Law are informed of our privacy practices and understand that they must adhere to our established privacy principles when collecting, using or disclosing personal information.

ACCESS

Your personal information belongs to you.  You have a right to request access to this information at any time.  BW may not be able to provide you with access to your personal information where prescribed by law:  for example, where the information cannot be separated from the records of others; where it cannot be disclosed for reasons of security or confidentiality; or where it is protected by legal privilege.  Please contact our Privacy Officer with a written request for access to your personal information.

ACCURACY

To serve you better, BW wants to ensure that the personal information it has in its possession is complete, accurate and up-to-date.  We will use reasonable efforts to update your information.  Please contact us to make any changes to the personal information we have on file.

RETENTION

BW retains personal information for only as long as is required for the purposes for which it was collected.  When your personal information is no longer required for such purposes, BW has procedures to delete or otherwise destroy this information.

PRIVACY POLICY CHANGES

BW reserves the right to make changes to its privacy policy from time to time.  All personal information collected, used, disclosed or retained by BW will be governed by the privacy policy in effect at that time.  We will ensure that any new versions of this policy will be posted on the BW website.  We suggest that you check our website periodically for any new changes to our policy.  All subsequent versions of this policy will be effective from the date they are posted.

COOKIES

You should be aware that the Internet is a public place and just a “visit” to any website will result in personal information being obtained “automatically”, such as your internet protocol (IP) address (this identifies the owner of the computer being used to visit the website), your internet browser, your operating system, and your history of visited websites.  “Cookies” are used to identify you to our site and can only be read by the web server that issued the cookie to you.  Cookies essentially recognize and track visits to our website.  Your web browser stores cookie files on your computer’s hard drive, by default.  You can make changes to how your browser accepts or rejects cookies by adjusting the preferences in your browser.

LINKS

BW’s website contains links to other Internet sites that may collect personal information.  These links are provided for your convenience and information only.  BW does not know of or endorse the privacy policies (if any) of these linked sites.  BW does not assume responsibility for the privacy policies of these other sites.  BW advises our users to consult the respective privacy policies of such other sites before providing personal information.

PRIVACY OFFICER

BW has appointed a Privacy Officer to ensure that our firm and all of its members are complying with our privacy principles.  You may contact our Privacy Officer at any time for more information on our privacy policy, to make requests for access to your personal information or to ask that your personal information be updated.  Our Privacy Officer will respond to any concerns you may have about our privacy practices and will investigate such concerns.

Please contact our Privacy Officer at:

Privacy Officer
Beard Winter LLP
130 Adelaide Street West, 7th Floor
Toronto ON  M5H 2K4
Tel:      416.593.5555
Fax:     416.593.7760

 


Beard Winter LLP (“Beard Winter”, “we”, “our” and “us”) is committed to maintaining the accuracy, confidentiality and security of the information we obtain from you through our website. This privacy policy guides us in the collection, use, retention and disclosure of your information.

What Information Do We Collect?

Beard Winter collects and maintains personal and non-personal information from the individuals who visit our website.

For the purposes of this policy, personal information is any information about an identifiable individual, other than the person’s business title or business contact information when used or disclosed for the purpose of business communications.

Generally speaking, we collect personal information directly from you. For instance, if you request information through our website, we may collect your name, address, telephone number and e-mail address.  If you communicate with us regarding our services, we will collect any information that you provide to us.

We also automatically collect non-personal information from you.  This information cannot be used to personally identify you.  This information includes your browser type, the URL of the previous website you visited, your Internet Service Provider, your operating system, your IP address and the dates and times that you accessed our website.

Why Do We Collect, Use and Disclose Your Information?

Beard Winter collects personal information to allow us to manage, maintain and develop our business and operations.  We use non-personal information to track your use of our website in an effort to evaluate, maintain and improve our website.

How Do We Use and Disclose Your Information?

Beard Winter may use or disclose your information for the purposes described in this policy; or for any additional purposes for which we have obtained your consent to the use or disclosure of your personal and non-personal information.

We may use or disclose your information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.

We will only retain your information for the time required to fulfill the purpose(s) for which it was gathered. Information may be retained by us for audit or archival purposes.

Beard Winter will not rent, sell or trade any of your personal information.

When Do We Disclose Your Information?

We may share your personal and non-personal information with our employees, contractors, consultants and other parties who require such information to help us manage and improve our relationship with you, including third parties whose services we use to conduct our business.  In these circumstances, we only disclose the information that is necessary.

Moreover, your personal and non-personal information may be disclosed:

  • to report to and co-operate with local, provincial, territorial, national, and international authorities and investigations of improper or unlawful activities;
  • to comply with valid legal processes (including, but not limited to, search warrants, subpoenas or court orders);
  • as part of our regular reporting activities;
  • to protect our rights and property;
  • during emergencies or where necessary to protect the safety of a person or group of persons;
  • where the personal and non-personal information is already publicly available; or
  • where allowed or required by law.

Your Consent Is Important to Us

It is important to us that we collect, use or disclose your information where we have your consent to do so. Depending on the sensitivity of the information, your consent may be express, implied or deemed. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from your actions or inactions.

We may collect, use or disclose your information without your knowledge or consent where we are permitted or required to do so by applicable law.

Deemed Consent

Unless you advise us otherwise, we assume that you have consented to the collection, use and disclosure of your information as set out in this policy.

You can withdraw your consent for the use of your personal information at any time, subject to legal restrictions and upon reasonable written notice to Beard Winter. We will let you know the implications, if any, of withdrawing your consent.

You may not opt-out of sharing non-personal information.  Such information cannot be used to identify you personally.

Use of Third Party Websites

Beard Winter’s website may from time to time include links to third party websites.  If you provide information to another organization on another website through a link available on our website, we will not be responsible nor liable for the collection, use or disclosure of any such information.  Before providing any such information, you ought to first examine the other organization’s privacy policy.

How Is Your Information Protected?

Beard Winter endeavours to maintain safeguards that are appropriate to the sensitivity of the information you provide to us. These safeguards are designed to prevent your information from loss and unauthorized access, copying, use, modification or disclosure.  While we will take reasonable efforts to safeguard the privacy of the information you provide, in no event will the information you provide to Beard Winter be deemed to be confidential, create any fiduciary obligations to you on our part or result in any liability to you on our part in the event such information is inadvertently released by us or accessed by third parties without our consent.

Confidentiality and Transmissions over the Internet

The transmission of data or information (including communications by e-mail) over the Internet is not secure and is always subject to possible loss, interception or modification.  We, therefore, do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet.

Access to Your Personal Information

If you want to review, verify or correct your personal information, please contact info@beardwinter.com. We will respond to your written request within thirty (30) days. Acceptable proof of identification will be required before responding to such a request. We may charge you a fee to access your personal information; however, we will advise you of any fee in advance.

Beard Winter may not be able to provide you with access to your personal information where the information cannot be separated from the records of others; cannot be disclosed for reasons of security or commercial confidentiality; or is protected by legal privilege. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the information that we hold about you. Further, the personal information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices.

Revisions to this Privacy Policy

Beard Winter reserves the right to modify or amend the terms of this policy from time to time without notice or liability to you. We will post any revised version of this policy on our website at www.beardwinter.com

Feedback

If you have any questions, comments, or concerns about this policy or how we manage your information, please contact info@beardwinter.com

This policy was last updated in August 2011.

While we welcome your email and look forward to hearing from you, please note that sending this email does not create a solicitor-client relationship, or any other contractual business relationship, between you and Beard Winter LLP. We would ask that you refrain from asking specific legal questions and/or divulging information that you wish to keep confidential.