Carroll Heyd Chown LLP recognizes the importance of privacy and the sensitivity of personal information. We are committed to protecting any personal information we hold as part of our professional obligation within a lawyer-client relationship. To ensure this accountability, we have developed this policy and trained our lawyers and staff about proper practices when handling this information.
Why Does Carroll Heyd Chown Need Personal Information?
Carroll Heyd Chown provides legal services and products to a wide range of clients.
What personal information do we collect?
Personal information is any information that identifies a person, or by which a person’s identity could be deduced. If we did not collect and use personal information we could not provide legal services.
How do we collect personal information?
We collect information only by lawful and fair means and not in an unreasonably intrusive way. Wherever possible we collect clients’ personal information directly from clients, at the start of a retainer and in the course of our representation.
Sometimes we may obtain information about clients from other sources such as:
- insurance companies;
- from a government agency or registry;
- accountants, doctors or other professionals.
Consent to collect personal information is normally implied through a client’s conduct and retainer with us. In some cases we will ask for clients to consent in writing or orally if we are collecting, using, or disclosing their personal information.
Use of Personal Information
We use personal information to provide top quality legal services to our clients. Our clients have the right at anytime refuse to provide us with such information. However, out ability to provide top quality legal services will be limited by such a refusal. Carroll Heyd Chown does not disclose our clients’ personal information to any third party to enable them to market their products and services.
Disclosure of Personal Information
Under certain circumstances, Carroll Heyd Chown will disclose personal information:
- when we are required or authorized by law to do so, for example if a court issues a subpoena;
- when a client has consented to the disclosure;
- when the legal services we are providing requires us give client information to third parties (for example a doctor or other expert), a client’s consent will be implied, unless we are told otherwise;
- where it is necessary to establish or collect fees;
- if we engage expert witnesses on a client’s behalf;
- if we retain other law firms in other jurisdictions on a client’s behalf;
- when the person has consented to the disclosure of his, her, or its personal information;
- if the information is already publicly known.
Since we use personal information to provide legal services to our clients, it is important that it be accurate and up-to-date. If during the course of the retainer, any information changes, please inform us so that we can continue to provide a professional level of client service.
Is Personal Information Secure?
Carroll Heyd Chown takes all reasonable precautions to ensure personal information is kept safe from loss, unauthorized access, modification or disclosure. Steps taken to protect personal information include but are not limited to:
- premises security;
- restricted file access to personal information;
- deploying security software and firewalls to ensure computer security.
Access to Personal Information
A client may ask for access to any personal information we hold about him or her. Summary information is available on request. Detailed requests requiring archive retrieval costs may be subject to our normal professional and disbursement fees.
If Carroll Heyd Chown holds personal information about a person and the person can establish that it is not accurate, complete and up-to-date, Carroll Heyd Chown will take reasonable steps to correct it.
Can I be Denied Access to My Personal Information?
A person’s rights to access 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 a person is subject to a claim of legal professional privilege by one of our clients);
- information relates to existing or anticipated legal proceedings against the person;
- when granting access would have an unreasonable impact on other people’s privacy;
- when to do so would prejudice negotiations with the person;
- to protect our firm’s rights and property;
when the request is frivolous or vexatious.
If we deny a request for access or refuse a request to correct information, we will provide and explanation.
To help us make credit decisions about clients, prevent fraud, check the identity of new clients and prevent money-laundering, we may on occasion, request information about persons from the files of consumer reporting agencies.
If a person applies to Carroll Heyd Chown for a job, we need to consider the applicant’s personal information as part of our review process. Candidate information is retained for a number of months after a decision has been made. A successful applicant’s information is retained in accordance with our privacy procedures for employee records.
We may monitor web traffic patterns, site usage, and related information in order to optimize our web service. This information may be provided to third parties but does not include any identifiable personal information.
Requests for Access
If you have any questions, or wish to access your personal information, please write to our Privacy Officer at:
Edward J. (Ted) Chadderton
Carroll Heyd Chown
109 Ferris Lane
P.O. Box 548
Tel: (705) 722-4400
Fax: (705) 722-0704
If you are not satisfied with our response, the Privacy Commissioner of Canada can be reached at:
Privacy Commissioner of Canada
112 Kent Street,
Ottawa Ontario, K1A 1H3