Introduction

Progressive Barristers Professional Corporation ("PBPC", "we", "our", or "us") recognizes the importance of privacy and the sensitivity of personal information. As lawyers, we are subject to professional and legal obligations to protect confidential and personal information entrusted to us.

This Privacy Policy explains how we collect, use, disclose, retain, and protect personal information in the course of providing legal services and operating our business.

We may amend this Privacy Policy from time to time to reflect changes in our practices, legal requirements, or technological developments. The current version of this Privacy Policy will be posted on our website and may be obtained from our Privacy Officer upon request.

Your Privacy Rights

PBPC is committed to complying with applicable privacy legislation, including the Personal Information Protection and Electronic Documents Act ("PIPEDA") and applicable provincial privacy laws.

PBPC is responsible for the personal information under its control and has established policies and procedures to safeguard that information. Our lawyers, staff, students, contractors, and service providers are required to maintain the confidentiality and security of personal information.. 

Consent

By providing personal information to PBPC, or to our agents and service providers, you consent to the collection, use, disclosure, and retention of that information as described in this Privacy Policy and as otherwise permitted or required by law.

Consent may be express or implied, depending on the circumstances and the sensitivity of the information involved. We will take reasonable steps to ensure that consent is meaningful and informed.

You may withdraw your consent to certain uses of your personal information at any time, subject to legal, professional, and contractual restrictions. Withdrawal of consent may affect our ability to provide legal services to you.

If you provide us with personal information about another individual, you represent that you have the authority or have obtained the necessary consent to permit us to collect, use, and disclose that information for the purposes described in this Privacy Policy.

What is Personal Information?

"Personal information" means information about an identifiable individual or information that can reasonably be used to identify an individual.

Personal information does not generally include an individual's business title, business address, business telephone number, or other business contact information used solely in connection with their employment, business, or profession.

Why Do We Collect Personal Information From You?

We collect, use, and disclose personal information for purposes that include:

• providing legal advice and legal services;

• communicating with clients and prospective clients;

• opening and administering client files;

• fulfilling our professional and ethical obligations;

• identifying and managing conflicts of interest;

• complying with court, tribunal, regulatory, and professional requirements;

• complying with client identification and verification requirements;

• billing and collecting fees;

• retaining experts, agents, consultants, and other professionals where necessary;

• developing and maintaining precedent, knowledge-management, and administrative systems;

• protecting our clients, our firm, and others from fraud, error, negligence, theft, cyber threats, and other unlawful activities;

• responding to inquiries regarding employment or volunteer opportunities;

• providing information regarding legal developments, publications, firm events, and services that may be of interest to clients and professional contacts; and

• any other purpose permitted or required by law or to which you consent.

As lawyers we are also governed by the Law Society of Ontario’s Rules of Professional Conduct. These Rules also require the collection of some personal information from our clients, including to ensure that we are avoiding all conflicts of interest as far as possible.

We may also otherwise be legally required to collect personal information about our clients. For example, the Proceeds of Crime (Money Laundering) and Terrorist Financing Act requires us to confirm the identity of all new clients.

If we are unable to collect or use certain personal information, we may be unable to provide legal services or otherwise fulfill our obligations..

What Personal Information Do We Collect?

The personal information we collect varies depending on the nature of the matter and may include:

• name;

• address;

• telephone numbers;

• email addresses;

• date of birth;

• government-issued identification;

• financial information;

• employment information;

• information contained in court, tribunal, regulatory, medical, educational, or employment records;

• information relevant to the legal services we provide; and

• any other information necessary to represent our clients effectively.

In some circumstances, we may collect personal information concerning family members, witnesses, opposing parties, or other individuals where necessary to provide legal services.

How Do We Collect your Personal Information?

We generally collect personal information directly from you.

We may also collect information from third parties where authorized by you, required by law, or necessary to provide legal services, including:

• government agencies and registries;

• courts and tribunals;

• insurers;

• employers;

• financial institutions;

• accountants;

• healthcare providers;

• experts and consultants;

• opposing parties and their representatives; and

• other individuals or organizations involved in your legal matter..

Use Of Your Personal Information

PBPC uses personal information only for purposes that are reasonable in the circumstances and consistent with the purposes for which it was collected.

We may use personal information to:

• provide legal services;

• communicate with clients and other participants in legal proceedings;

• administer client files;

• issue accounts and collect fees;

• comply with professional and legal obligations;

• improve our services and internal operations; and

• communicate information about legal developments, publications, firm events, or services that may be of interest.

Recipients may unsubscribe from marketing or informational communications at any time.

PBPC does not sell personal information and does not disclose personal information to third parties for their independent marketing purposes.

Disclosure Of Your Personal Information

In the course of providing legal services, PBPC may disclose personal information where appropriate, including:

• to courts, tribunals, arbitrators, mediators, regulators, government agencies, and administrative bodies;

• to opposing parties, opposing counsel, co-parties, witnesses, experts, investigators, and consultants;

• to other lawyers and professionals retained on your behalf;

• to service providers assisting PBPC with administrative, technological, storage, communication, or document-management functions;

• to establish, collect, or enforce payment of fees;

• where required or authorized by law; or

• where you have otherwise consented.

Service providers retained by PBPC are required to maintain appropriate safeguards and confidentiality protections regarding personal information.

Cross-Border Processing and Storage

PBPC may use third-party service providers whose servers or operations are located outside Canada, including in the United States or other jurisdictions.

As a result, personal information may be processed, stored, or accessed in jurisdictions outside Canada and may be subject to the laws of those jurisdictions.

PBPC takes reasonable steps to ensure that service providers maintain safeguards appropriate to the sensitivity of the information..

Retention of Personal Information

PBPC maintains client files and records on a long-term basis in order to provide ongoing legal services, maintain historical records of legal matters, comply with professional obligations, respond to future inquiries, defend legal claims, and preserve information that may be relevant to our clients' interests. As a general practice, PBPC maintains client files for at least 15 years following the conclusion of a matter.

Personal information will be retained in secure electronic systems and will remain subject to the safeguards and confidentiality obligations described in this Privacy Policy.

In certain circumstances, PBPC may delete, anonymize, transfer, or otherwise dispose of information where required by law, where retention is no longer reasonably necessary, or where doing so is otherwise appropriate in the circumstances.

Accuracy of Information

PBPC relies on personal information to provide legal services. It is therefore important that information remain accurate and current.

Clients are encouraged to advise us promptly of any changes to their contact information or other relevant personal information.

An individual may also request that we correct personal information they believe to be inaccurate or incomplete, subject to the legal, professional, and regulatory restrictions described in this Privacy Policy.

Security Safeguards

PBPC employs physical, organizational, and technological safeguards appropriate to the sensitivity of the information in our possession.

These safeguards may include:

• secure office premises;

• restricted access to information;

• password protection and access controls;

• multi-factor authentication where appropriate;

• secure cloud-based systems and document-management platforms;

• firewalls and security software;

• contractual confidentiality obligations imposed on service providers; and

• ongoing professional and confidentiality obligations applicable to lawyers and staff.

While no method of transmission or storage is completely secure, PBPC takes reasonable measures to protect personal information against loss, theft, unauthorized access, disclosure, copying, use, or modification.

Privacy Breaches

If a breach of security safeguards involving personal information under our control creates a real risk of significant harm to an affected individual, PBPC will notify the affected individual and report the breach to the Office of the Privacy Commissioner of Canada as required by law. PBPC also keeps and maintains records of breaches of security safeguards in accordance with PIPEDA.

Solicitor-Client Privilege

Solicitor-client privilege and litigation privilege are fundamental legal protections.

Nothing in this Privacy Policy is intended to limit, waive, or diminish any privilege, confidentiality obligation, or legal protection applicable to communications and information protected by law.

Privacy and Our Website

PBPC's website may contain links to third-party websites. PBPC is not responsible for the privacy practices or content of those websites.

When you voluntarily submit information through our website, including through contact forms, email links, newsletter subscriptions, employment applications, or other communications, we collect and use that information to respond to your inquiry, provide requested information, evaluate applications, or otherwise fulfill the purpose for which the information was provided.

Cookies and Analytics

Our website may use cookies, analytics tools, and similar technologies to understand how visitors use the website, improve website performance, enhance user experience, and support our marketing efforts.

These technologies may collect information such as:

• IP address;

• browser type;

• device information;

• pages visited;

• referring websites; and

• time spent on the website.

Most web browsers allow users to manage or disable cookies. Disabling cookies may affect website functionality.

Information collected through analytics tools is generally aggregated and does not identify individual visitors.

Communications Through the Website

Communication with PBPC through our website, email, telephone, social media, or other means does not by itself create a solicitor-client relationship.

Prospective clients should avoid sending highly sensitive or confidential information until a lawyer at PBPC has confirmed that we are able to consider the matter and that no conflict of interest exists.

Although PBPC takes reasonable steps to protect communications received by us, electronic communications may not always be secure.

A solicitor-client relationship arises only after PBPC has agreed to act and the terms of the retainer have been confirmed.

Employment and Volunteer Applications

If you apply for employment, an internship, articling position, volunteer position, or another role with PBPC, we may collect, use, and retain personal information for recruitment and hiring purposes.

Information relating to unsuccessful applicants may be retained for a reasonable period unless the applicant requests otherwise or applicable law requires a different approach.

Access to Personal Information

Individuals may request access to personal information held by PBPC, subject to legal, professional, and regulatory restrictions.

Requests should be directed to the Privacy Officer.

Access may be limited where disclosure would reveal information about another person, compromise solicitor-client privilege, litigation privilege, confidentiality obligations, or otherwise be restricted by law.

Where appropriate, information will generally be provided electronically.

Questions, Complaints, or Requests

Questions regarding this Privacy Policy, requests for access to personal information, requests for correction of personal information, or privacy-related complaints may be directed to our Privacy Officer, Shibil Siddiqi, via the contact information available on our Contact Page.

If you are not satisfied with how PBPC has addressed your question or complaint, you may also contact the Office of the Privacy Commissioner of Canada (www.priv.gc.ca)