Our obligations as legal professionals are governed, in part, by the Law Society of Upper Canada’s Rules of Professional Conduct. These obligations apply to all professionals, employees, contractors and agents who provide services in connection with our delivery of legal and other services to our clients.
As a general rule, all information concerning the business and affairs of a person or organization acquired (1) for the purpose of determining whether Mullowneys will enter into a professional relationship or (2) in the course of a professional relationship shall be held in strict confidence and not revealed to anyone unless expressly or implicitly authorized by the person or organization concerned. A professional relationship develops when Mullowneys agrees to be retained to provide services to a particular individual or organization. In order to protect their own interests, individuals or organizations should not send confidential information to Mullowneys until they have had a direct discussion with the firm regarding the retention of Mullowneys to provide legal services.
Mullowneys collects only such information from individuals or organizations as is required for the purposes of providing services or information to them. Mullowneys collects e-mail and mailing addresses in connection with the provision of such services and information, including preparing retainer letters, complying with “know your client” rules and opening new files/matters.
Mullowneys does not sell, trade, barter or exchange for consideration any Personal Information it has obtained. Unless permitted by law, no Personal Information is collected about an individual without first obtaining the consent of the individual to the collection, use and dissemination of that information.
Personal Information will be collected, to the extent possible, directly from the individual concerned.
Unless in the context of providing legal or other services, Mullowneys does not knowingly collect Personal Information from anyone under the age of 18, especially children under 13, and does not use such information if it discovers that it is has been provided by a minor.
Personal Information may also be subject to transfer to another organization in the event of a merger or change of ownership of all or part of Mullowneys. This will occur only if the parties have entered into an agreement under which the collection, use and disclosure of the information is restricted to those purposes that relate to the business transaction, including a determination whether or not to proceed with the business transaction, and is to be used by the parties to carry out and complete the business transaction.
Please note that there are circumstances where the use and/or disclosure of Personal Information may be justified or permitted or where Mullowneys is obligated to disclose information without consent. Such circumstances may include:
Where required by law or by order or requirement of a court, administrative agency or other governmental tribunal;
Mullowneys endeavours to ensure that any Personal Information provided and in its possession is as accurate, current and complete as necessary for the purposes for which Mullowneys uses that information.
Mullowneys keeps Personal Information only as long as it is required for the reasons collected. The length of time we retain information varies, depending on the product or service and the nature of the information. This period may extend beyond the end of a person’s relationship with us but it will be only for so long as it is necessary for us to have sufficient information to respond to any issues that may arise at a later date. When your Personal Information is no longer required for Mullowneys purposes, we have procedures to destroy, delete, erase or convert it into an anonymous form.
Currently, the principal place in which Mullowneys holds Personal Information is the city of Ottawa and its nearby municipalities where off-site storage facilities may be located. Mullowneys does allow certain authorized third party providers to track and store certain information about visitors to Mullowneys web sites (namely domain names, IP addresses and page views as described below) and such information will be stored outside of Canada if the third party provider is located outside of Canada. Individuals that use and access Mullowneys web sites hereby acknowledge and agree that such information obtained by such third party providers located in countries other than Canada may be accessed by the courts, law enforcement or national security authorities of such country.
Mullowneys has taken steps to maintain adequate physical, procedural and technical security with respect to its office and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure, or modification of Personal Information.
Mullowneys further protects Personal Information by restricting its access to those individuals that Mullowneys has determined need to know that information in order for Mullowneys to provide its products and services.
In terms of communicating Personal Information to Mullowneys, you may wish to note that there is no method of transmitting or storing data that is completely secure. While the physical characteristics of each are different, mail, telephone calls, faxes and transmissions over the Internet are all susceptible to possible loss, misrouting, interception and misuse of the information being communicated or transmitted.
Mullowneys attempts to strike a reasonable balance between security and convenience. In communicating with clients and others, Mullowneys often requests the right to use a method of communication that is less secure than some of its less convenient (but more secure) alternatives. An example of this is e-mail. At this time, when we use e-mail, it may be sent as unencrypted plain text. We do this because Mullowneys realizes that many of our clients and others cannot readily process encrypted e-mail. This is done for their convenience but we expect that our clients and others understand that if misrouted or intercepted, unencrypted email could be read more easily than encrypted e-mail.
Mullowneys provides clients and others with general access to public web sites and restricted access to extranets. Our Web servers and authorized third party providers track general information about visitors such as their domain name, IP address and time of visit. Mullowneys Web servers also collect and aggregate information regarding which pages are being accessed as well as information volunteered by visitors through online surveys or subscriptions to electronic newsletters. This information is used internally, only in aggregate form, to better serve visitors by helping us to:
Manage our sites;