Privacy Policy
French, Noseworthy & Associates recognizes the importance of privacy and the sensitivity of personal information. As lawyers, we have a professional obligation to keep confidential all information we receive within a solicitor-client relationship. We are committed to protecting any personal information we hold. This Privacy Policy outlines how we manage your personal information and safeguard your privacy.
Your Privacy Rights
As of January 1, 2004, all 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 French, Noseworthy & Associates. The Act gives you rights concerning the privacy of your personal information.
French, Noseworthy & Associates is responsible for the personal information it collects and holds. To ensure this accountability, we have developed this policy and trained our lawyers and support staff about our policies and practices.
Why does French, Noseworthy & Associates need Personal Information?
French, Noseworthy & Associates provides legal services and products to a wide range of clients. To provide effective legal services and products, French, Noseworthy & Associates often requires personal information from clients. French, Noseworthy & Associates also requires personal information from its employees.
What Personal Information does French, Noseworthy & Associates collect?
Personal information is any factual information about an identifiable individual. Examples include, but are not limited to, age, identification numbers, income, ethnic origin, evaluations, credit records and medical records. Personal information includes facts which identify you or would allow your identity to be deduced. If we did not collect and use your personal information, we could not provide you with legal services.
How does French, Noseworthy & Associates collect Personal Information?
We collect information only by lawful and fair means and not in an unreasonably intrusive way. Wherever possible, we collect your personal information directly from you at the start of the solicitor-client relationship and in the course of our representation.
Sometimes we may obtain information about you from other sources. These may include, but are not limited to:
• your insurance company;
• your real estate agent in a property transaction;
• from a government agency or registry;
• your employer, if we are acting for you, at its request;
• your accountant;
• your doctor and/or your hospital.
Consent
We will ask you to specifically consent if we intend to collect or disclose personal information. Normally, we ask for your consent in writing. In some circumstances, we may accept your oral consent. Sometimes, your consent may be implied through your conduct with us.
Use of Your Personal Information
We use your personal information to provide legal advice and services to you and to administer our client time and billing databases. French, Noseworthy & Associates does not disclose your personal information to any third party to enable them to market their products and services.
Disclosure of Your Personal Information
Under certain circumstances, French, Noseworthy & Associates will disclose your personal information. Examples include, but are not limited to:
• 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 (for example, providing medical reports to an insurance company in a personal injury claim);
• when the legal services we are providing to you require us to give your information to third parties your consent will be implied, unless you tell us otherwise (for example, a lender in a real estate mortgage transaction);
• where it is necessary to establish or collect fees;
• if we engage a third party to provide administrative services to us and the third party is bound by our privacy policy (for example, computer back-up services or archival file storage);
• 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 Personal 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 any of your personal information changes during the course of the solicitor-client relationship, please inform us so that we can make any necessary changes.
Is My Personal Information Secure?
French, Noseworthy & Associates 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 security policies.
Access to Your Personal Information
You may ask for access to any personal information we hold about you. Detailed requests which require archive or other retrieval costs may be subject to our normal professional and disbursement fees.
Correcting Errors
If French, Noseworthy & Associates holds information about you and you can establish that it is not accurate, complete and up-to-date, French, Noseworthy & Associates will take reasonable steps to correct the information.
Can I be Denied Access to My Personal Information?
Your rights to access your personal information are not absolute. We may deny access when:
• denial of access is required or authorized by law (for example, when a record containing personal information about you is subject to a claim of solicitor-client privilege by one of our clients);
• information relates to existing or anticipated legal proceedings against you;
• when granting you access to information would have an unreasonable impact on other people’s privacy;
• when granting you access to information would prejudice negotiations with you;
• to protect our firm's rights and property;
• where the request is frivolous or vexatious.
If we deny your request for access to information, we shall explain why. French, Noseworthy & Associates does not use your Social Insurance Number as a way of identifying or organizing the personal information we hold.
Can I Request Anonymity?
Whenever it is legal and practicable, we may offer the opportunity to deal with general inquiries without providing your name. However, certain statutes require that we confirm the identity of all new clients (for example, Proceeds of Crime (Money Laundering) and Terrorist Financing Act).
Communicating With Us
Prior to providing personal information to us via the internet, you should be aware that e-mail is not an absolutely secure medium.
Changes to this Privacy Policy
Since French, Noseworthy & Associates regularly reviews all of its policies and procedures, we may change our Privacy Policy from time to time.
Requests for Access
If you have any questions, or wish to access your personal information, please write to our Chief Privacy Officer at: French, Noseworthy & Associates, Suite 122, 100 Elizabeth Avenue, St. John’s, NL, A1B 1S1, Attention: Christopher E. Gill. If you are not satisfied with our response, the Privacy Commissioner of Canada can be reached at 112 Kent Street, Ottawa Ontario, K1A 1H3 (Telephone: 1 (800) 282-1376).
Employment Inquiries
If you apply to French, Noseworthy & Associates for a job, we need to consider your personal information as part of our review process. We normally retain information from candidates after a decision has been made, unless you ask us not to retain the information. If we offer you a job which you accept, your personal information will be retained in accordance with our privacy procedures for employee records.
