McGibbon, Bastedo, Armstrong, and Armstrong (MBAA) recognizes
the importance of protecting personal information and an individual's
right to privacy. This policy outlines the framework of MBAA's
policies and procedures regarding its collection, use, retention
and disclosure of personal information in respect of its clients
and others and supplements, where applicable, our professional
obligations of confidentiality and solicitor/client privilege.
employment candidates or our employees, partners, or contracted
staff, which is dealt with in a separate policy. Our privacy policies
and procedures only apply to personal information about identifiable
individuals. They do not apply to business information. Personal
information does not include the name, title, business address
or telephone number of an employee of an organization. In the
context of this policy, the term "clients" includes
all current, former and prospective clients.
Why Do We Collect Personal Information?
Generally, we collect personal information in order to provide
legal or other related services to our clients, to administer
client accounts, to establish and manage client relationships
and other commercial relationships, and to comply with regulatory
What Personal Information Do We Collect?
Personal information that we collect includes:
- contact information
- financial information
- information relating to a client's legal issues
- information about others collected in the course of representing
a client, such as a client's employees, other parties to a transaction
or lawsuit, or witnesses
- information regarding visitors to our offices
- information that you have consented to us collecting, or information
that we are otherwise permitted by law to collect.
How Do We Collect Your Personal Information?
We collect your personal information only by lawful and fair
means and only with your consent or as required or permitted by
law. Whenever possible and appropriate, we collect your personal
information from you directly or from persons whom you have requested
to provide us with information. Sometimes we may collect information
about you from other sources such as financial institutions, insurance
companies, witnesses in litigation matters, other parties involved
in your transaction or file, government agencies or registries,
employers (if we are acting for you at your employer's request),
accountants or other professional advisors, and credit bureaus.
How Do We Use Your Personal Information?
We may use your personal information for the following purposes:
- to provide legal and related services
- to conduct conflict searches, in order to determine if we
can represent you
- to assess client eligibility for credit
- to administer client accounts
- to fulfill our legal and professional obligations, including
client identification and verification rules and other requirements
of applicable provincial law societies
- to manage our business, including fulfilling contractual obligations
and auditing our operations
- to detect and prevent negligence, fraud and theft
- to evaluate client satisfaction
- to provide you with information about our services and about
developments in the law, to invite you to our functions and
to communicate with you generally
- for security and emergency purposes (for visitors to our offices)
Disclosure of Your Personal Information
Subject to our professional obligations of confidentiality, MBAA
will only disclose your personal information for purposes related
to its providing services to you, or with your express consent,
or if required or authorized by law. For example, we may disclose
- when disclosure to third parties assists us in providing you
the legal services that you have requested, including engaging
expert witnesses, retaining other law firms at your request
- when necessary to collect outstanding accounts or to assess
eligibility for credit
- when necessary to comply with court orders, regulatory rules
(including the rules of applicable provincial law societies)
or to satisfy our insurance requirements
- when we reasonably believe that a third party requesting your
personal information is your agent.
We may obtain your consent to our collection, use and disclosure
of your personal information either expressly, for stated purposes,
or impliedly when the purposes are indicated by the relevant circumstances
or follow logically from other stated purposes. By providing us
with personal information, you consent to the collection, use
and disclosure of information relating to providing our services,
managing our relationship with you, administering our business
and as permitted or required by law, in accordance with this Privacy
We will seek your consent before using personal information for
any purpose beyond the scope of your original consent. You may
withdraw your consent at any time, subject to legal and contractual
restrictions and reasonable notice. Please note, however, that
withdrawing consent may affect our ability to serve you and maintain
Since we may use your information to provide legal services to
you, it is important that the information be accurate and up to
date. Please inform us if any of your information changes so that
we can make any necessary changes.
Security of Your Personal Information
We have policies and procedures in place to protect your personal
information from loss, unauthorized access, modification or disclosure.
In addition, we operate out of secure premises and have implemented
technological safeguards including security software, passwords
and firewalls to prevent unauthorized computer access.
Please note that no method of transmitting or storing information
is completely secure. While we take appropriate measures to protect
your personal information, there is always a risk that it may
be lost, intercepted or misused. We may exchange electronic versions
of documents and e-mails with you using commercially available
software that is vulnerable to attack by viruses and other destructive
electronic programs. We cannot guarantee that all communications
and documents sent via e-mail will always be received, or that
such communications and documents will always be virus free. We
make no warranty with respect to the integrity of any electronic
communications between us and you or with respect to the security
of any such communication and you consent to our exchange of electronic
communications, including confidential documents, unencrypted.
Storage of Your Personal Information
Your personal information is stored at secure locations and on
servers controlled by MBAA. It may also be stored at the offices
of our service providers.
Information Transferred to Service Providers
When we transfer your personal information to a third party to
provide administrative and other services, we use appropriate
measures to ensure that the third party will only use your personal
information to perform the services we have specified.
Access to Your Personal Information
You may ask for access to any information that we hold about
you. You also may ask how we collected the information, how we
are using it, and to whom we have disclosed it. Your request for
access must be in writing, and should be sent to your regular
MBAA lawyer or to our Firm. We will acknowledge your request in
writing. We may request that you provide us with information to
allow us to confirm your identity before providing you with the
information that you have requested. Access will generally be
provided free of charge; however, if you request that information
be copied or transmitted, we may charge a reasonable fee. We will
notify you of the amount of the charge in advance, and provide
you with an opportunity to withdraw your request. We will provide
you with access to your information within 30 days of our receipt
of your request, or provide written notice that additional time
is required to comply with your request.
In certain circumstances we may be unable to provide access to
some or all of the information that we hold about you. If we are
unable or not permitted by law to provide you with access, we
will provide you with an explanation and indicate further steps
which are available to you.
We regularly review our privacy policies and procedures. Therefore,
www.mbaa.ca. Regardless of any changes we make to our Privacy
Policy, we will only use your personal information in accordance
provided your information, or as otherwise required or permitted
by law, unless you have given your express consent for us to do
Questions or Concerns
If you have any questions or concerns or wish to obtain further
information about our personal information policies and procedures,
or if you wish to access your personal information or change any
consent regarding our use or disclosure of your personal information,
please contact our Firm at the address set out below, or your
regular MBAA lawyer. We will treat all privacy concerns seriously.
We will investigate any concern and seek to resolve it within
a reasonable time.