Privacy Policy
Introduction
The Personal
Information Protection Act (PIPA) governs how all private sector
organizations in Manitoba handle personal information of clients,
employees, and other. Personal information is defined as information
that can identify an individual and information about an
identifiable individual.
Our firm has always
protected the personal information received by us in the course of
providing services to our clients and we have formalized our
policies as a commitment to maintaining your privacy.
What Information We Collect and Why
We need our clients to
provide us with all the relevant facts and information related to
our engagement. This information will include personal information
about our clients and about other individuals with whom our clients
conduct commercial transactions.
Consent for Collection, Use, and Disclosure
We will always try to
collect personal information directly from the person to whom the
information pertains where practical and we will collect personal
information from other sources when necessary. If we need to collect
information about individuals other than our clients, we shall do so
in accordance to the provisions of PIPA. We will make reasonable
efforts to ensure that the personal information we collect, use, and
distribute is accurate and complete.
By engaging our firm
to provide services, we consider an individual to have given our
firm consent to the collection, use, and distribution of the
individual’s personal information. Once this consent has been
obtained by our firm, we will continue to collect, use, and disclose
personal information for the purpose of providing the agreed upon
services without obtaining further written or verbal consent to do
so. We may also collect, use, or disclose personal information about
an individual without that individual’s consent as permitted under
PIPA.
Our firm will maintain the
strictest confidence with respect to any client's or former client's
information. Accordingly, confidential client information will not,
without client consent, be disclosed to any individuals in our firm
beyond those who are engaged on providing services to the client.
This policy applies to anyone outside the firm, except as required
by law.
Security and Retention
In recognition of our
professional and legal obligations to protect our confidential client
information, we have made arrangements to protect against unauthorized
access, collection, use, disclosure, copying, modification, disposal,
or destruction of personal information.
We will retain client personal
information for a reasonable time period as required by our Rules of
Professional Conduct and the terms of our professional liability
insurance policy. When no longer required, client personal information
will be disposed of in a secured manner.
Requests for Access and Correction
Individuals have the
right to ask, in writing, for access to their own personal information
in the custody or under the controls of our firm as permitted under
PIPA. We will respond to requests as accurately and completely as
reasonably possible in the time allowed by PIPA. We are entitled to
refuse access in certain situations such as when:
- The personal information is
protected by solicitor-client privilege.
- Disclosure of the personal
information would reveal confidential commercial information that
could, in a reasonable person’s opinion, harm the competitive
position of our firm.
- The personal information
was collected for an investigation or legal proceeding that has
not concluded, including any appeals.
- The information was
collected by a mediator or arbitrator in conducting a mediation or
arbitration where the mediator or arbitrator was appointed under a
collective agreement, a law, or by a court.
- Disclosure could reasonably
be expected to threaten the safety or physical or mental health of
another individual.
- Disclosure could reasonably
be expected to cause immediate or grave harm to the safety or to
the physical or mental health of the individual who made the
request.
- Disclosure would reveal
personal information about another individual.
- Disclosure would identify
the individual who has provided personal information about another
individual and that individual does not consent to disclosure of
his or her identity.
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