Your Privacy Rights
From January 1, 2004 , all organizations engaged in commercial activities must comply with the *Personal Information Protection and Electronic Documents Act* (the “Act”), unless the federal cabinet has exempted the organization because it is subject to “substantially similar” provincial legislation. To date, lawyers and law firms in Ontario are not subject to any such exemption orders. Therefore, these obligations extend to lawyers and law firms, including MILTONS. Although, as lawyers, we have always been obligated by the Law Society of Ontario’s *Rules of Professional Conduct* to maintain the confidentiality of client information, the Act gives you additional rights concerning the privacy of your personal information.
MILTONS is responsible for the personal information we collect, use, maintain and disclose. To ensure this accountability, we have developed this policy for implementation by all lawyers and staff.
What is “Personal Information?”
Personal information is any information about you, or by which your identity could be deduced. It does not include the name or business address or telephone number of an employee of an organization.
Why Do We Collect Personal Information from You?
We collect personal information from you to:
How Do We Collect Your Personal Information?
We collect information by lawful means only. We may collect personal information directly from you at the start of a retainer or during the course of our retainer.
Sometimes we may also obtain information about you from other sources such as your employer.
Consent for the collection, use and/or disclosure of personal information may be obtained orally or in writing and may be expressly given or implied. In determining how we obtain your consent, we will take into account the sensitivity of the personal information that we are collecting, using and/or disclosing.
Use of Your Information
We use your personal information to provide legal advice and services to you, including for billing purposes. We may also use your personal information to include you in any direct marketing activities. We will assume that you have consented to such use unless you specifically advise otherwise. If you tell us that you no longer wish to receive information about our services or about new developments in the law, we will not send any further material.
MILTONS will not disclose your personal information to any third party to enable them to market their products and services without first obtaining express consent from you. For example, we do not provide our client mailing lists to other law firms or to consultants we work with from time to time.
Disclosure of Your Personal Information
Under certain circumstances, MILTONS may disclose your personal information:
Updating Your Information
Since we use your personal information to provide legal services to you, it is important that the information be accurate and up-to-date. If, during the course of our retainer, any of your information changes, please inform us so that we can make any necessary changes.
Is Your Personal Information Secure?
MILTONS takes all reasonable precautions to ensure that your personal information is kept safe from loss, unauthorized access, modification or disclosure. The steps taken to protect your information include:
Access to Your Personal Information
You may ask for access to any personal information we hold about you. Summary information is available on request. More detailed requests that require archival or other retrieval costs may be subject to our normal professional and disbursement fees.
If MILTONS holds information about you which is not accurate, complete and up-to-date, MILTONS will take reasonable steps to correct it at no cost to you.
Can you be Denied Access to Your Personal Information?
Your rights to access your personal information are not absolute. We may deny access when:
If we deny your request for access to, or refuse a request to correct information, we will explain why. MILTONS does not use your Social Insurance Number as a way of identifying or organizing the information we hold about you.
To help us make credit decisions about clients, prevent fraud, check the identity of new clients and prevent money-laundering, we may, on occasion, request information about you from the files of consumer reporting agencies.
How Long Do We Keep Your Personal Information?
We keep your personal information as long as is reasonably necessary for us to complete our dealings with you, or as may be required or necessitated by law, whichever is longer.
Although the Act does not apply to our employee information, we have elected to follow privacy “best practices” in this area. If you apply to MILTONS for a job, we need to consider your personal information, as part of our review process. We normally retain information from candidates after a decision has been made, unless you ask us not to retain the information. If we offer you a job which you accept, the information will be retained in accordance with our privacy procedures for employee records.
We may also collect personal information on our websites (www.miltonsip.com, www.canadian-patent.ca, www.canadian-patent.com, www.canadian-trademark.com, www.canadian-trademark.ca and www.ontario-probate.ca). We only collect the information you provide to us voluntarily by sending us an e-mail message, completing forms or using the links contained on the website. MILTONS collects and uses your name, address, telephone number, email address and other information you submit on or through the website for the purposes for which you provided the personal information, to respond to your inquiries (and applications for positions), and to provide you with updates and information that we think may be of interest to you. In providing MILTONS with any personal information on or through this website, you consent to the collection and use of that information for these stated purposes.
If you wish to disable cookies from this site, you can do so using your browser. You should understand that some features of many sites may not function properly if you don’t accept cookies.
On our website, like most other commercial websites, we may monitor traffic patterns, site usage and related site information in order to optimize our web service. We may provide aggregated information to third parties, but these statistics do not include any identifiable personal information.
Communicating with Us
You should be aware that email is not a 100% secure medium, and you should be aware of this when contacting us to send personal or confidential information.
Request for Access
If you have any questions, or wish to access your personal information, please write to us, c/o our Privacy Officer.
Inquiries / Complaints
If you have any questions or concerns about how your personal information has, is or will be handled by MILTONS or if you would like to register a complaint, please contact our Privacy Officer at:
Suite 200, 15 Fitzgerald Road, Ottawa, Ontario, K2H 9G1
For further information regarding the Act, please contact:
Privacy Commissioner of Canada
112 Kent Street
Ottawa , Ontario , K1A 1H3
Tel: (613) 995-8210
Toll Free: 1-800-282-1376
Fax: (613) 947-6850