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Privacy Policy

SHERMAN LAW LLP acknowledges the importance of privacy and the protection of personal information. As members of the legal profession, our office has an obligation to hold in strict confidence all information concerning the business and affairs of our clients acquired in the course of the professional solicitor-client relationship. Our office has developed safeguards and policies so that we do not divulge any such information unless expressly authorized by the client or required to do so by law. It is essential that the personal information we collect about our clients is accurate and complete and our office takes all reasonable steps to ensure that your personal information is correct. The importance of your privacy and protection of your personal information continues to be a top priority of this office in providing the highest caliber of professional legal service.

As of January 1, 2004, all organizations engaged in commercial activities are required to comply with the Personal Information Protection and Electronic Documents Act (PIPEDA), and the Canadian Standards Association Model Code for the Protection of Personal Information, which is Schedule 1 to PIPEDA. These obligations apply to the legal profession including all lawyers and law firms. PIPEDA gives you rights concerning your personal information beyond the rights you previously enjoyed under the Solicitor-Client privilege.




Why do we need to collect personal information?

PIPEDA requires organizations to implement policies and practices to give effect to your rights under this legislation. This document sets out our privacy policy concerning the collection, disclosure, protection, and use of personal information.

It is necessary for our office to obtain personal information from you for determining whether we will be able to enter into a professional relationship with you and in order for our office to be able to adequately and diligently provide you with representation. It is the practice of our office to collect personal information directly from the client. However, on occasion it may be necessary for our office to obtain personal information from other sources including your accountant, your employer, your insurance company, your physician, your real estate agent in real estate transactions, or from a government agency.




Obtaining Your Consent

SHERMAN LAW LLP will not collect any personal information about you until we obtain your consent. Our office also makes every attempt to obtain your consent in disclosing your personal information to others. In most cases, our office attempts to obtain your written consent, however in some circumstances it may be necessary for us to accept oral consent such as that which is given during a telephone conversation. At times, your consent may be implied through the nature of my professional relationship with you.




The Use of Personal Information

SHERMAN LAW LLP uses your information for the following purposes:
(a) to provide legal advice and services with diligence and professionalism;
(b) to create and maintain our client information records;
(c) to communicate with you and maintain client satisfaction;
(d) to protect our clients against fraud and error; and,
(e) to communicate with a sub-contractor or other agents or intermediaries in the course of a contract for the performance of any of the above purposes.




Disclosure of Personal Information Without Your Consent

PIPEDA provides that our office may disclose your personal information without your knowledge or consent if the disclosure is:
(a) information about you that is publicly available;
(b) required to comply with a summons or warrant issued, or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with the rules of the court relating to the production of records in compliance with solicitor-client privilege
(c) to a government institution in compliance with Section 7 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;
(d) made in an emergency situation where the life, well-being, and security of the person is at issue and there has been an attempt to contact the individual in writing about the necessity of the disclosure;
(e) in collecting fee billings; and,
(f) required by law.




The Safety of Your Personal Information

We keep your personal information in our client files indefinitely in secure onsite storage. Any documents that our office determines to be of no further value to us is destroyed by shredding or is securely returned to the client.




Changes to Privacy Policy

SHERMAN LAW LLP regularly reviews all of its policies and procedures and as such, we may change our privacy policy without notice.




Request to View Personal Information

If a client wishes to access their personal information or has further questions about how their information is collected and stored they may direct all inquires to:

Sherman Law LLP, Barristers & Solicitors, Attention: Kenneth L. Sherman, Chief Privacy Officer
2C - 625 King Street East, Kitchener, ON N2G 4V4
tel: 519-884-0034 fax: 519-884-4553 email: ksherman@sherman-law.com




Complaints to the Privacy Commissioner of Canada

If anyone feels that my office has contravened a provision of PIPEDA or the recommendations of Schedule 1, they may file a written complaint with the Privacy Commissioner of Canada, 112 Kent Street, Ottawa, ON K1A 1H3.