BUJOLD P.C. TAX LAW recognizes the importance of protecting the personal information we hold respecting our clients, employees and others. This Privacy Code outlines the framework of our policies and procedures regarding the collection, use, retention and disclosure of personal information regarding our clients and others and supplements, where applicable, our professional obligations of confidentiality and solicitor-client privilege.
In our commercial activities and in providing services to our clients, we collect personal information about our clients, our employees and others. This information may be used for contact, for general human resources purposes and, more broadly, to communicate with our clients and others respecting legal affairs relevant to them and the services we provide.
When retained to act for a client, we use, retain and disclose personal information for, and as instructed by, that client for our advice. Our use, retention and disclosure of such information is governed by our duty of confidentiality to our client and by solicitor-client privilege.
Our Privacy Code only applies to personal information about identifiable individuals. It does not apply to business information. Personal information does not include the name, title, business address or telephone number of an employee of an organization. In this policy, the term “clients” includes all current, former and prospective clients.
Why do we collect Personal Information?
We collect personal information to provide legal services and products to our clients. We also produce newsletters, papers and hold seminars concerning legal developments, which we provide as a service to our clients and others in the business community.
How do we collect your Personal Information?
We collect personal information only by lawful and fair means and only that which is reasonably necessary for the purposes identified. Whenever possible, we collect personal information about clients and other individuals directly from those parties or through referrals by persons whom such parties have requested to provide us with such information. Sometimes we may obtain information about you from other sources including:
• government agencies or registries;
• accountants or other professional advisors;
• financial institutions;
• insurance companies;
• credit bureaus;
• family members;
• other third parties that represent they have the right to disclose such personal information.
By providing us with your personal information or by retaining our services, you consent to our collection, use and disclosure of your information either expressly, for stated purposes, or impliedly when the purposes are not stated expressly but are indicated by the circumstances or follow logically from other expressly stated purposes. You may withdraw or amend any consent previously given by contacting our Privacy Officer, subject to any legal or contractual restrictions and upon reasonable notice to us.
Your consent to our collection of certain personal information may be required for us to provide legal services. However, we will not require, as a condition of providing a service, that personal information not related to providing such service be collected.
How do we use your information?
We may use your personal information for the following purposes:
• to provide legal services;
• for billing, record-keeping and other client contact and service matters;
• to access new clients’ eligibility for credit;
• for audit and record-keeping purposes;
• for account collection purposes;
• to manage and develop our business and operations;
• to learn about the needs of current and potential clients, to develop or offer services and products tailored to those needs and to communicate with those clients regarding current and future products and services; and
• to follow up on client comments and suggestions.
Disclosure of your Personal Information
Under certain circumstances, we will disclose your personal information:
• when 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 to give your information to third parties, your consent will be implied, unless you tell us otherwise;
• where it is necessary to establish or collect fees;
• if we engage a third party to provide administrative services to us (like computer back-up services or archival file storage) and the third party is bound by our Privacy Code;
• if we engage expert witnesses on your behalf;
• if we retain other law firms in other jurisdictions, on your behalf;
• if the information is already publicly known.
Updating your Information
Since we use your personal information to provide legal services to you, the information must be accurate and up-to-date. If your information changes, please inform us so we can make the necessary updates.
Is my Personal Information secure?
We use appropriate security measures to protect against loss, theft, unauthorized access, disclosure, use or modification of personal information. Such measures will vary depending on the sensitivity, amount, format, nature and storage of the personal information and will involve physical, organizational and electronic security measures, including premises security, restricted file access to personal information, technological safeguards including security software and firewalls to prevent unauthorized computer access, and password and security policies.
We require that third-party service providers to whom personal information may be transferred provide a level of security for such personal information that meets standards established by us.
Access to your Personal Information
We will respond promptly to any request for access to your personal information. There will be no cost for reasonable requests to such access, unless you request copies of records or your request involves significant retrieval costs. We will advise you of the cost prior to the retrieval of such records or information. We will not respond to requests for access to personal information that are frivolous, vexatious or repetitious.
In certain circumstances, we may not be able to provide access to some or all of the personal information we hold about you. Such circumstances include those in which information is prohibitively costly to provide, information that refers to other individuals, information that cannot be disclosed for legal, security, or commercial proprietary reasons (including our own), and information subject to solicitor-client privilege or litigation privilege.
Communicating with us
Changes to our Privacy Code
Questions, Concerns, Requests for Access
If you have any questions or concerns, wish to access your personal information or wish to change your preferences regarding our use of your information, please contact us:
BUJOLD P.C. TAX LAW
795 Main Street, Suite 300
Moncton, NB E1C 1E9
If you are not satisfied with our response, the Privacy Commissioner of Canada can be reached at:
112 Kent Street
Ottawa, ON K1A 1H3