Privacy Policy

Clark Farb Fiksel LLP ("CFF") are committed to maintaining the accuracy, security and privacy of Personal Information in accordance with applicable legislation. This Privacy Policy is a statement of principles and guidelines concerning the protection of Personal Information of our clients, service providers and other individuals ("you").

Consent

BY SUBMITTING PERSONAL INFORMATION TO CFF, YOU AGREE THAT WE MAY COLLECT, USE AND DISCLOSE SUCH PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND AS PERMITTED OR REQUIRED BY LAW. Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the identified purposes at any time by contacting the lawyer with carriage of your matter or the designated Privacy Officer. If you refuse or withdraw your consent, we may not be able to provide you or continue to provide you with certain services or information which may be of value to you. If you provide CFF or any service providers we authorize and our agents with personal information of another individual, you represent that you have all necessary authority and/or have obtained all necessary consents from such person to enable us to collect, use and disclose such personal information for the purposes set forth in this Privacy Policy.

What Personal Information do we collect?

Canadian privacy legislation defines "Personal Information" broadly as information about an identifiable individual or as information that allows an individual to be identified. For the purposes of this policy, Personal Information means information about an identifiable individual as defined from time to time in applicable privacy legislation. Generally speaking Personal Information does not include what is considered business contact information: your name, title or position, business address, telephone number, facsimile number, or e-mail address. The types of Personal Information that we may collect about you includes your name, home address, telephone number, personal email address, billing and account information, information about a client's legal issue and other information incidental to providing legal advice and services (including Personal Information about witnesses, family members, beneficiaries, directors, officers, employees, adverse parties, parties-in-interest, investigators, decision makers, experts, other professional advisors, and our clients' business partners, investors, shareholders, competitors and customers whom are individuals).


Why do we collect your Personal Information?

In general, we collect, use and disclose Personal Information about our clients and service providers in order to provide our clients with professional legal services. More specifically, we collect, use and disclose your Personal Information for the following purposes:

  • to establish and manage client relationships, provide legal advice, perform legal services, fulfil legal duties, and avoid conflicts of interest. This may include the sharing of Personal Information by and between CFF personnel for such purposes;
  • to share Personal Information to and from third parties for the purpose of providing legal services. Such third parties may include opposing parties; parties in interest; and other counsel and advisors; witnesses; decision-makers; and experts;
  • to consider whether we should establish a commercial relationship with clients, suppliers and other third parties, including to evaluate credit standing and to match credit bureau or credit reporting agency information;
  • to establish and maintain commercial relationships with clients, suppliers and other third parties, including to issue invoices, administer accounts, collect and process payments, and to fulfil contractual obligations;
  • to understand and respond to client, supplier and other third party needs and preferences, including to contact and communicate with such parties and to conduct surveys, research and evaluations;
  • to develop, enhance, market, sell or otherwise provide our products and services;
  • to market, sell or otherwise provide products and services of third parties with whom we have a commercial relationship;
  • to distribute our general information material to individuals on our mail and e-mail lists, including via third party mailing houses and e-mail service providers;
  • to develop and manage our knowledge-management precedent systems and databases;
  • to develop and manage our business and operations;
  • to detect and protect us and other third parties against error, negligence, breach of contract, fraud, theft and other illegal activity, and to audit compliance with our policies and contractual obligations;
  • to engage in business transactions, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing;
  • as permitted by, and to comply with, any legal or regulatory requirements or provisions; and
  • for any other purpose to which you consent.

To whom do we disclose your Personal Information?

From time to time, we may disclose your Personal Information to:

  • service providers, including an organization or individual retained by us to perform functions on our behalf, such as marketing, data processing, document management and office services;
  • an organization or individual retained by us to evaluate your creditworthiness or to collect debts outstanding on an account;
  • a financial institution, on a confidential basis and solely in connection with the assignment of a right to receive payment, the provision of security or other financing arrangements; or
  • a person who, in our reasonable judgment, is providing or seeking the information as your agent;
  • any third party or parties, where you consent to such disclosure or where disclosure is required or permitted by law;
  • to experts and outside organizations we retain for the purposes of providing legal services;
  • other parties to a claim, action or proceeding where we reasonably deem appropriate or as may be required by law

Where do we store your Personal Information?

Your Personal Information is stored in secured locations and on servers controlled by us, located either at our offices or at the offices of our service providers.


How may you obtain access to your Personal Information?

Upon your written request, subject to certain exceptions, we will inform you of the existence, use, and disclosure of your Personal Information and will give you access to that information. Access requests should be sent to our Privacy Officer, using the contact information below.


How do we protect your Personal Information?

To help protect the confidentiality of your Personal Information, CFF employs administrative and technological safeguards appropriate to the sensitivity of your Personal Information. For instance, we operate a secure data computer system protected by industry standard firewall and password protection systems. In addition, where Personal Information is sent to a third party for processing, we require that all Personal Information is kept secure.

Changes to the Privacy Policy

We reserve the right to modify or supplement this Privacy Policy at any time. We will make such revised policy and changes available upon request to the CFF Privacy Officer.

Further Information

For information on CFF's privacy practices, please contact the CFF Privacy Officer at:

Clark Farb Fiksel LLP
Privacy Officer
188 Avenue Road
Toronto, Ontario M5R 2J1

Tel: (416) 599-7761
Fax: (416) 324-42232