Privacy Policy

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Introduction

Tereposky & DeRose LLP is committed to protecting personal information in its possession. This Privacy Policy (the “Policy”) has been developed to explain how Tereposky & DeRose treats the personal information it collects and to detail its responsibilities under the Personal Information Protection and Electronic Documents Act (“PIPEDA”). As a law firm Tereposky & DeRose is also governed by the Rules of Professional Conduct established by the Law Society of Ontario and is obligated to maintain the confidentiality of client information.

What does this Policy encompass?

This Policy describes how Tereposky & DeRose complies with PIPEDA, including: the purposes for which information is collected, used and disclosed; Tereposky & DeRose’s treatment of personal information; and your rights concerning your personal information. This Policy also applies to all individuals whose personal information is collected by Tereposky & DeRose including, without limitation, those who sign up to receive our newsletters, articles or notices of developments in the law.

This privacy policy is limited to personal information collected by Tereposky & DeRose in person or on Tereposky & DeRose’s website, which is owned and operated by Tereposky & DeRose. This privacy policy does not cover, and Tereposky & DeRose is in no way responsible for, any other website other than www.tradeisds.com.

Accountability

The responsibility for the personal information under Tereposky & DeRose’s control rests with its Privacy Officer. The individual designated as Privacy Officer may change from time to time, however, his or her identity will be made known upon request.

Tereposky & DeRose will never disclose personal information under its control to third parties, except for an identified purpose, and either with your express or implied consent or in accordance with PIPEDA. If we would like to share your personal information with third parties, we will inform you as to how that information will be used and will not release that information unless we have your approval to do so.

Why We Collect Information from You

Tereposky & DeRose collects personal information from you only with your knowledge and consent. Tereposky & DeRose collects, uses and discloses personal information in the performance of the services you request from us. This may include the collection of personal information about clients, potential clients and other individuals (including but not limited to witnesses, family members, beneficiaries, directors or officers of corporations, adverse parties, experts, professional advisors or customers). The kind of information we collect will depend on the legal services being provided.

In addition, there are some places on the website where we may ask for personal information, so that we can present information that you have requested from Tereposky & DeRose or which is tailored to your needs. For example, we collect, use and disclose personal information when you subscribe to a news release or our newsletter, when you submit a question to our firm or when you submit testimonials. A subscription will require contact information and may include information such as your name, place of employment, address and email address. This information will be used to provide the information that you have requested or when otherwise necessary. We will also use your personal information to collect aggregated data that does not identity particular individuals.

We collect non-personally identifiable information from you in order for us to better understand how our website is used. Information about a user’s visit is logged, however your IP address is not referenced to personally identifiable information. Usage statistics are gathered in a non-intrusive manner. The log files are private documents that are stored on a protected server and which are primarily used by the server administrator to diagnose problems, for server administration, to monitor website performance and for security. At times portions of the log files may be viewed by others for the purpose of server administration, security or when required by law.

Tereposky & DeRose collects both personally identifiable information and non-personally identifiable information with the goal to serve you better and to offer or bring your attention to information and services that may interest you.

In addition to the above, other purposes for which Tereposky & DeRose collects, uses and discloses personal information are as follows:

  • Communications between you and Tereposky & DeRose and notes concerning those communications.
  • Tereposky & DeRose collects and uses your name, company name and email address for the purposes of subscribing you to our mailing list. We may forward the information collected to other Tereposky & DeRose employees or to other computer systems (such as secure electronic commerce servers) to complete the requested transaction.
  • Personal information may be collected for the purpose of communicating changes to our website or your subscription or other promotions.
  • Tereposky & DeRose may implement certain Google analytics advertising features that use first party and third-party cookies to collect and disclose information about the internet usage on your computer so that Tereposky & DeRose and others may tailor their respective product and service offerings to that computer’s user based on your internet usage. You are not personally identified by the information. If you wish to opt out of the Google analytics advertising feature on any particular computing device, you do so by clicking: https://tools.google.com/dlpage/gaoptout/ and downloading the browser add-on for the Google Analytics JavaScript (ga.js, analytics.js, dc.js) to prevent your data from being used by Google Analytics.
  • Tereposky & DeRose’s Social Media accounts collect any personal information you disclose in your social media accounts when you ‘follow’, ‘like’ or similarly subscribe to our accounts. You can control what and how information is received by adjusting the settings within your social channels’ account settings.

In some cases, our website will link to the websites of other companies. Tereposky & DeRose will not be responsible for the content or privacy practices of those other websites, which may send you their own cookies, collect data or solicit personal information. It is recommended that you review the privacy policy of any such website and determine if it protects your privacy in a responsible manner and to your satisfaction. Tereposky & DeRose only provides links to other websites as a convenience, and the inclusion of a link does not imply endorsement of the linked website by Tereposky & DeRose.

Consent

Consent is required for the collection of personal information for the above purposes, or any new purposes that Tereposky & DeRose identifies from time to time.

The form of consent required by Tereposky & DeRose will vary depending on the sensitivity of the information requested and the reasonable expectations of the user. Consent will be implied for all purposes unless the purpose indicates that express consent will be collected.

Tereposky & DeRose may collect, use or disclose your personal information without your consent only in circumstances indicated in PIPEDA.

Users may choose not to provide information when requested, may choose at any time to withdraw their consent or may discontinue receiving communications from us.

Limiting Collection

Tereposky & DeRose does not collect personal information indiscriminately. Tereposky & DeRose limits the collection of personal information to that which is necessary for the purposes it identifies.

Tereposky & DeRose primarily collects personal information directly from you; however, personal information may also be collected from other sources including other people who represent that they have the right to disclose information, or as otherwise permitted by PIPEDA.

The personal information that Tereposky & DeRose collects directly from you may be collected in a variety of ways, including: by being disclosed directly by you, information generated by your transactions with Tereposky & DeRose through your usage of Tereposky & DeRose’s website or information that is observed by Tereposky & DeRose.

The types of personal information collected include: (i) name, address, company name, email address, telephone number, complaints, requests, and the like; and (ii) information necessary to identify you.

Limiting Use, Disclosure and Retention

Tereposky & DeRose only uses and discloses information for the purposes for which it was collected, or otherwise in accordance with PIPEDA. Any new purpose for which the information is to be used or disclosed shall be documented, and consent will be obtained for it. The disclosure of personal information may occur in the ordinary course of Tereposky & DeRose conducting its business. This includes, without limitation:

  • If we are required or authorized by law to do so;
  • If you have expressly or implicitly consented to disclosure;
  • If the legal services we are providing to you require us to give your information to a third party;
  • If it is necessary to establish or collect fees;
  • If we engage third parties to provide administrative services to us (such as process servers, consultants, data processors) and the third party has provided privacy assurances;
  • If we engage law firms in other jurisdictions or expert witnesses on your behalf; and
  • If the information is already publicly known.

Unless this Policy indicates otherwise, Tereposky & DeRose retains your personal information for a minimum period of seven years after the expiry of any services provided to you. Personal information will be disposed of by shredding or otherwise destroying it. Third-party services may be retained to destroy personal information; however, that third party will be required to provide assurances to Tereposky & DeRose that it will protect the personal information. Your personal information in connection with your subscription to promotions and newsletters will be kept until you unsubscribe from receiving information and materials from Tereposky & DeRose.

Accuracy

Personal information will be kept as accurate, complete and up-to-date as necessary for the purposes for which it is to be used. You are responsible for informing Tereposky & DeRose about changes to your personal information. If you have concerns about the accuracy of your personal information collected by Tereposky & DeRose, then please contact the Privacy Officer at the phone number or address indicated at the end of this document.

Security

Tereposky & DeRose protects personal information against: loss or theft, unauthorized access, disclosure, copying, use or modification, with security safeguards appropriate to the sensitivity of the personal information. Tereposky & DeRose’s employees have been made aware of the need to safeguard personal information and they only access the information on an as-needed basis. Files are protected by keeping them in areas restricted to employees, and/or in locked filing cabinets or rooms. Some older files containing personal information may be stored at offsite storage facilities. Tereposky & DeRose also uses firewalls and passwords to protect electronic personal information.

Tereposky & DeRose actively invests in maintaining security levels appropriate for the protection of digital assets to protect against the loss, misuse and alteration of data used by our system. Tereposky & DeRose fulfills its security responsibilities through regular remote back-ups, updating security patches promptly and periodic reviews of our security systems and procedures.

Openness

Tereposky & DeRose’s policies and practices related to the management of personal information are contained in this Policy. The Policy as well as additional information and documents are available from the Privacy Officer on request.

Individual Access

Except for some limited exceptions, upon written request, Tereposky & DeRose will divulge the existence, use and any disclosure made of personal information and will give you access to your information. Written requests must be delivered to the Privacy Officer at the address at the end of this Policy. If assistance is needed with the request, please contact the Privacy Officer.

Tereposky & DeRose will respond to an access request within 30 days, unless an extension of time is required, pursuant to PIPEDA, in which case the response may take up to an additional 30 days. A fee for reasonable costs incurred pursuant to the request may be charged to you by Tereposky & DeRose, provided that you are informed of the fee in advance and do not withdraw your request.

Tereposky & DeRose may require additional information from you in order to locate certain personal information. If this is the case, the additional information will not be used for any purpose other than that of locating the personal information.

If your information on file with Tereposky & DeRose is proven to be incomplete or incorrect, it will be amended as required. Where necessary, the amended information may be transmitted to third parties using the information in question.

Tereposky & DeRose will not comply with access requests in certain situations:

  • If it would reveal information about a third party;
  • If the information is subject to solicitor-client privilege;
  • If to do so would reveal confidential commercial information; and
  • If the information was generated in the course of a formal dispute resolution process.

If Tereposky & DeRose does not comply with an access request, it will inform you of the reasons for such refusal.

Challenging Compliance

Any concerns respecting Tereposky & DeRose’s compliance with PIPEDA should be addressed to the Privacy Officer. Tereposky & DeRose will investigate and respond to written complaints within 90 business days of receiving a complaint. If a complaint is found to be justified then Tereposky & DeRose will take appropriate measures, including, if necessary, amending its policies and procedures.

The information for Tereposky & DeRose’s Privacy Officer is:

PRIVACY OFFICER

Address: World Exchange Plaza, Suite 1080, 100 Queen Street, Ottawa, ON K1P 1J9 Phone number: 613-237-9059 E-mail: info@tradeisds.com

Changes to Privacy Policy

Notification of any changes or modifications of this Privacy Policy will be posted on the homepage of the Tereposky & DeRose website. If the Privacy Policy changes in the future, Tereposky & DeRose will not use the personal information you have submitted to us, under this Privacy Policy, in a manner that is materially inconsistent with this Privacy Policy without your prior consent.