Your Privacy Rights
Businesses engaged in commercial activities must comply with the Personal Information Protection and Electronic Documents 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 Moldofsky Professional Corporation. The Act gives you rights concerning the privacy of your personal information.
As a law firm that acts for institutions, our clients may be subject to other legislation that protects personal information. Moldofsky Professional Corporation complies with the privacy requirements of its clients upon notice of the relevant legislation and requirements. Moldofsky Professional Corporation may have the role of a recipient of personal information or of an agent for its clients, depending on the circumstances.
Moldofsky Professional Corporation is 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 Moldofsky Professional Corporation Need Personal Information?
Personal information is any information that identifies you, or by which your identity could be deduced. If we did not collect and use your personal information, we could not provide you with legal services.
Lawyers have obligations to collect client identification and may need to verify client identities by checking identification documents. Personal information may also be required for the provision of legal services, especially within the areas of health law and privacy law.
As lawyers we have a professional obligation to keep confidential all information we receive within a lawyer-client relationship. We are committed to protecting any personal information we hold.
Moldofsky Professional Corporation provides legal services and products to a wide range of clients. In doing so, it produces direct marketing materials concerning its services and developments in the law.
How do we collect your personal information?
We collect information only by lawful and fair means, and not in an unreasonably intrusive way. Wherever possible we collect personal information directly from our clients, both at the start of a retainer and in the course of our representation.
Sometimes we may obtain personal information from other sources acting in accordance with their policies, such as insurance companies or regulatory agencies.
Voluntarily providing personal information in the context of a request for legal advice or in the context of using our website will generally constitute your consent that the personal information be used for the provision of legal advice and related services. If you provide your email address, Moldofsky Professional Corporation may, from time to time, send you information about Moldofsky Professional Corporation and other matters that it believes will be of interest to you. At any time, you may request that Moldofsky Professional Corporation not send you emails or other information by contacting .
Use of Your Information
We use personal information to provide legal advice and services, to administer our client (time and billing databases) and to include you in any direct marketing activities. If you tell us that you no longer wish to receive information about our services, or about new developments in the law, we will not send any further material.
Moldofsky Professional Corporation does not disclose your 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 other law firms.
Disclosure of your Personal Information
Under certain circumstances, Moldofsky Professional Corporation will disclose your personal information:
- when we are required or 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 requires us give your information to third parties (for example 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 at your request, and on your behalf;
- to the resulting entity, if we are involved in a merger or acquisition of our law firm;
- if the information is Publicly Available Personal Information, as it is defined under the Personal Information Protection and Electronic Documents Act.
Updating Your Information
Since we use your personal information to provide legal services to you, 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.
Storing Your Information
Moldofsky Professional Corporation primarily uses databases and services that have storage capacity in Canada. The e-mail system used by Moldofsky Professional Corporation is also hosted in Canada. Moldofsky Professional Corporation does use databases and services hosted in other countries, such as the United States, but does not anticipate that personal information is transferred outside of Canada. The laws in the United States and other countries are different from those in Canada with respect to security of information. If you have concerns about where your data is hosted, please contact us.
Is My Personal Information Secure?
Moldofsky Professional Corporation takes all reasonable precautions to ensure that your personal information is kept safe from loss, unauthorized access, modification or disclosure. Among the steps taken to protect your information are:
- premises security;
- restricted file access to personal information;
- deploying technological safeguards like security software and firewalls to prevent hacking or unauthorized computer access;
- internal password and security policies.
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 which require archive or other retrieval costs may be subject to our normal professional and disbursement fees.
If Moldofsky Professional Corporation holds information about you and you can establish that it is not accurate, complete and up-to-date, Moldofsky Professional Corporation will take reasonable steps to correct it.
Can I be denied access to my Personal Information?
Your rights to access your personal information are not absolute. We may deny access when:
- it is required or authorized by law (for example, when a record containing personal information about you is protected by solicitor-client privilege);
- to do so would reveal confidential commercial information, and the personal information cannot be severed from the record;
- to do so could reasonably be expected to threaten the life or security of another individual, and the personal information cannot be severed from the record; or
- the information was generated in the course of a formal dispute resolution process.
If we deny your request for access to, or refuse a request to correct information, we will explain why. Moldofsky Professional Corporation does not use your Social Insurance Number as a way of identifying or organizing the information we hold on you.
Can I request anonymity?
Whenever it is legal and practicable, we may offer the opportunity to deal with general inquiries without providing your name (for example, by accessing general information on our website). The
To help us make credit decisions about clients, prevent fraud, check the identity of new clients and prevent money-laundering, we may — with your consent — request information about you from the files of consumer reporting agencies.
Communicating with Us
You should be aware that e-mail is not a 100% secure medium, and you should be aware of this when contacting us to send personal or confidential information. For the convenience of our clients, we use e-mail and other electronic means of communication such as online meeting technology. These are not 100% secure and your use of these media with us constitutes your consent to the risk associated with use of these media. If you have a concern about the security of transferring personal or confidential information, please notify us so that we can determine with you the most appropriate way to transfer information.
Requests for Access
If you have any questions, or wish to access your personal information, please write to our Privacy Contact at Moldofsky Professional Corporation, Privacy Office, Suite 350, 2 Toronto Street, Toronto, ON M5C 2B5.
If you are not satisfied with our response, the Privacy Commissioner of Canada can be reached at 112 Kent Street, Ottawa Ontario, K1A 1H3, 1.800.282.1376.
On our website, like most other commercial websites, we may monitor traffic patterns, site usage and related site information in order to optimise our web service. We may provide aggregated information to third parties, but these statistics do not include any identifiable personal information.