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Introduction

As a firm of lawyers, Jensen Shawa Solomon Duguid Hawkes LLP accepts the obligations imposed by the Personal Information Protection Act (Alberta), and the Personal Information Protection and Electronic Documents Act (Canada), and the Canadian Standards Association Model Code for the Protection of Personal Information, which it incorporates. These structures apply to all businesses engaged in commercial activities, but this firm is of the view that the principle that the Personal Information entrusted to us by our clients is subject to privacy and must be dealt with carefully and with sensitivity, and with utmost confidence, applies particularly in the relationship between legal counsel and their client. This privacy policy reflects the principles and practices which Jensen Shawa Solomon Duguid Hawkes LLP, and any person providing services on its behalf, follow in protecting its clients' Personal Information.

Personal Information

Personal Information means information about an identifiable individual. This includes the individual's name, address, contact numbers, age, sex, marital/family status, any identifying numbers, financial information, educational history, health situation, and so on. It is information which may identify a client, or by which a client's identity could be deduced. Of course, it is necessary for a law firm such as Jensen Shawa Solomon Duguid Hawkes LLP to collect and use such information in providing clients with legal services. This will be done only by lawful and fair means and not in an unreasonably intrusive way. Wherever possible Jensen Shawa Solomon Duguid Hawkes LLP will collect a client's Personal Information directly from the client, at the start of a retainer. But sometimes such information may be obtained from other sources, such as a government agency, a client's employer, or a client's accountant.

Consent

Insofar as possible, Jensen Shawa Solomon Duguid Hawkes LLP will ask a client for consent to collect, use or disclose Personal Information. This consent may be obtained orally, implicitly, or in writing.

Use and Disclosure of Personal Information

Personal Information will be used only to provide legal advice and services to a client, to administer a client's database and to include a client in any direct marketing. If a client informs Jensen Shawa Solomon Duguid Hawkes LLP that it no longer wishes to receive marketing information, such will no longer be provided to that client.

Jensen Shawa Solomon Duguid Hawkes LLP will not disclose a client's Personal Information to a third party to enable that party to market their products or services.

Further Details Regarding Use and Disclosure of Personal Information

Jensen Shawa Solomon Duguid Hawkes LLP may use or disclose a client's Personal Information as described in this Privacy Policy, or for any additional purpose in respect of which a client's consent has been obtained. Personal information is, in the nature of things, shared with Jensen Shawa Solomon Duguid Hawkes LLP's employees and consultants (such as expert witnesses) in circumstances where such use and disclosure is necessary for the purposes of providing legal services for the client pursuant to a Retainer. Under certain other circumstances Jensen Shawa Solomon Duguid Hawkes LLP might disclose Personal Information. Included in such other circumstances are the following situations:

  • When required or authorized by law to do so.
  • When consent has been given by the client.
  • Where a third party is engaged to provide administrative services (an example would be Jensen Shawa Solomon Duguid Hawkes LLP's computer consultants and accountants) - and where such third parties are, in turn, bound by this Privacy Policy.
  • If an expert witness is engaged on behalf of a client.
  • If a law firm in another jurisdiction is retained on behalf of a client.

Assumed Consent for Use of Personal Information

Consent for Personal Information to be used for a particular purpose is assumed in cases where the client volunteers information for an obvious purpose.

Withdrawal of Consent for Use of Personal Information

A client may withdraw consent to the use and disclosure of Personal Information at any time, unless the Personal Information is necessary for Jensen Shawa Solomon Duguid Hawkes LLP to fulfill its legal obligations. Jensen Shawa Solomon Duguid Hawkes LLP will respect the client's decision, but may not be able to provide the client with certain products and services without the necessary Personal Information or permission. It will be understood that Jensen Shawa Solomon Duguid Hawkes LLP may in certain circumstances collect, use or disclose Personal Information without consent as authorized by law, for example, where to do so is reasonable for an investigational legal proceeding, to collect a debt owed to Jensen Shawa Solomon Duguid Hawkes LLP, or in a life threatening emergency.

Security

Jensen Shawa Solomon Duguid Hawkes LLP will use all appropriate precautions to ensure that a client's Personal Information is kept safe from loss, unauthorized access or disclosure. For example, when appropriate, paper records are shredded or electronic records are permanently deleted.

Access to Personal Information

A client may ask for access to any Personal Information Jensen Shawa Solomon Duguid Hawkes LLP holds about that client. Detailed requests requiring archived or other retrieval costs may be subject to appropriate fees and charges.

Can a Client be Denied Access to Personal Information?

A client's rights to access such information is not absolute. That right may be denied in some circumstances: for example, when so required by law; where such information relates to legal proceedings against the client; where granting such access would have an unreasonable effect on other people's privacy; in order to protect Jensen Shawa Solomon Duguid Hawkes LLP's rights and property; and where the request is frivolous or vexatious.

If access to such information is denied by Jensen Shawa Solomon Duguid Hawkes LLP, the client will be given an explanation for such refusal.

Errors

Jensen Shawa Solomon Duguid Hawkes LLP will take reasonable measures to correct any errors relating to a client's Personal Information in the possession of the firm.

Anonymity

Where legal and practicable, it may be that general matters can be dealt with without providing a client's identity. However, for some purposes, such as money laundering and terrorism legislation, it is necessary to confirm the identity of all new clients, or to make reports to appropriate authorities.

Credit Bureaus

To help Jensen Shawa Solomon Duguid Hawkes LLP make credit decision about clients, prevent fraud or money laundering, the firm may sometimes request information about the client from consumer reporting agencies.

Employment with Jensen Shawa Solomon Duguid Hawkes LLP

Applications to Jensen Shawa Solomon Duguid Hawkes LLP may entail consideration of Personal Information as part of the firm's review process. Such information is generally retained after a decision has been made, unless the perspective employee particularly asks that the information not be retained by the firm. If the employee does take up employment with Jensen Shawa Solomon Duguid Hawkes LLP, such information will be retained in accordance with privacy procedures for employment records.

E-mails

E-mail is not a totally secure medium, and this must be taken into account when using e-mail to transmit personal or confidential information.

Changes to this Privacy Policy

It may be necessary, from time to time, for reasons such as change in legislation, to review and perhaps change this Privacy Policy.

Questions

In the event an individual has questions about (a) access to Personal Information; (b) the collection, use, management or disclosure of Personal Information; or (c) this policy, that person should contact the Jensen Shawa Solomon Duguid Hawkes LLP's Privacy Officer at:

Stacy Petriuk
Privacy Officer
Jensen Shawa Solomon Duguid Hawkes LLP
The Lancaster Building
800, 304 - 8 Avenue SW
Calgary, Alberta T2P 1C2
Canada

Phone: 403 571 1520
Fax: 403 571 1528

  • Phone: 403-571-1520
  • Fax: 403-571-1528
  • inquiries [at] jssbarristers [dot] ca
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