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Torkin Manes LLP’s Policy on the Collection, Use and Disclosure of Personal Information (the “Privacy Policy”)

Introduction: Objective & Scope of Privacy Policy. Torkin Manes LLP (“Torkin Manes") is a full-service law firm based in Toronto, Ontario. We are committed to protecting the Personal Information (as defined below) that we collect, use and disclose in the course of providing legal services, and as lawyers are dedicated to maintaining high standards of confidentiality in line with our professional and ethical obligations to our clients. This Privacy Policy has been prepared to affirm our commitment to maintaining the privacy of our clients and others and to inform you of our practices concerning the collection, use and disclosure of Personal Information.

Personal Information. For this Privacy Policy, “Personal Information” means any information in any form provided to Torkin Manes about an identifiable individual, or about an individual whose identity may be inferred or determined from the information provided. This Privacy Policy does not cover any information, in any form, about more than one individual where the identity of the individuals is not known and cannot be inferred (“Aggregated Information”). Torkin Manes retains the right to use Aggregated Information in any way that it reasonably determines is appropriate.

Accountability. Torkin Manes is responsible under applicable privacy legislation for the Personal Information in our possession or control, and is governed, in part, by the Law Society of Upper Canada’s Rules of Professional Conduct, which impose strict duties and obligations on law firms regarding the confidentiality of client information. 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. Torkin Manes observes these requirements strictly.

Our Purpose for Collection, Use & Disclosure of Personal Information. Generally, Torkin Manes collects, uses and discloses Personal Information for the primary purpose of providing our clients with professional legal services and representation, including for the following purposes:

  • to determine whether Torkin Manes will enter into a professional relationship with you, to establish your identity and ensure compliance with “Know Your Client” regulations, which may require you to provide your name, address, employment/business information, or other form of legally mandated information or identification;
  • for billing reasons, which will require the collection of names, addresses, banking and/or financial details;
  • to provide our services and products, which will include any Personal Information necessary to provide services requested by you or your organization. We may also analyze the Personal Information provided to us to offer you additional services or products. (You may, at any time, advise us that you do not wish to receive such information from Torkin Manes.);
  • to distribute our publications and invitations to events to individuals who subscribe to our mailing lists;
  • to consider the admission of individuals as employees and members of the firm; and
  • as permitted by, and to comply with, all applicable legal or regulatory requirements or provisions.

As a general rule, all information concerning the business and affairs of a person or organization acquired by Torkin Manes 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 Torkin Manes agrees to be retained to provide services to an individual or organization. To protect their own interests, individuals or organizations should not send confidential information to Torkin Manes until they have had a direct discussion with a professional at the firm regarding the retention of Torkin Manes to provide legal services.

In the course of its relationship with you, Torkin Manes will need to collect, use and sometimes, disclose various types of Personal Information for various purposes associated with the scope of the services or products to be delivered by Torkin Manes as directed by you or your organization. When Personal Information is requested from you, Torkin Manes will always explain the purpose for which it is needed. Under no circumstances will Torkin Manes sell, trade, barter or exchange for consideration any Personal Information it has obtained.

Limiting Collection, Use & Disclosure of Personal Information. Torkin Manes may collect your Personal Information in many forms (hard/soft copy, electronically, facsimile, telephone conversations/recordings, etc.), but will only do so by lawful means and only for necessary purposes that have been disclosed to you.

Retention of Personal Information. Personal Information collected in any form will only be retained by Torkin Manes as long as it is required: a) for the purpose for which it was collected; b) to be retained by law; c) to address any issues that may arise at a later date. When your Personal Information is no longer required for these purposes, Torkin Manes uses secure procedures to destroy, delete, erase or convert the Personal Information into an anonymous form.

Web Site & Cookies. Torkin Manes provides clients and others with general access to its public website, www.torkinmanes.com (the “Site”). Our servers and authorized third party internet providers track general information about visitors to the Site such as their domain name, Internet Protocol address and time of visit. Torkin Manes’ internet providers 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 as Aggregate Information, to better serve visitors by helping us to manage the Site, diagnose technical problems, and improve Site content. During the normal course of an individual's use of the Internet, he or she will encounter “cookies.”  Cookies are small files or pieces of information that may be stored in a computer's hard drive when an individual visits a web site. Torkin Manes uses cookies. Most Internet browsers are initially set to accept cookies. If you do not wish to accept cookies, you can set Internet browser to refuse cookies or to alert you when cookies are being sent.

Consent. Your provision of Personal Information to Torkin Manes means that you agree and consent that we may collect, use and disclose your Personal Information under this Privacy Policy. Consent may be given expressly, by signing a document, agreeing through electronic means or verbally, impliedly, by providing Personal Information voluntarily. Certain services can only be offered if you provide Personal Information to Torkin Manes, and if you choose not provide us with such required Personal Information, Torkin Manes may not be able to offer you its services.

The provision of Personal Information expressly or voluntarily by you to Torkin Manes creates an existing business relationship under Canada’s Anti-Spam Legislation (CASL). Torkin Manes may use your Personal Information to provide you with information that is relevant to you or your business, such as newsletters, event invitations, or updates about Torkin Manes.

There may be circumstances where you have provided Personal Information for an identified purpose, and Torkin Manes later needs to use that information for a different purpose. In such circumstances, Torkin Manes will seek your consent to use the information for the new purpose.

You have the right to revoke your consent to the collection, use and disclosure of your Personal Information at any time. However, revocation of your consent may result in our inability to provide services to you. We will discuss with you the reason we need your Personal Information and why the revocation of your consent affects our ability to provide the service or product to you.

Disclosure. Torkin Manes does not collect, use or disclose Personal Information without consent except:

  • where required by law or by order or requirement of a court, administrative agency or other governmental tribunal;
  • where Torkin Manes believes, upon reasonable grounds, that it is necessary to protect the rights, privacy, safety or property of an identifiable person or group;
  • where it is necessary to establish or collect monies owing to Torkin Manes or where it is necessary to permit Torkin Manes to pursue available remedies or limit any damages that Torkin Manes may sustain; or
  • where the information is public.

Where obliged or permitted to disclose information without consent, Torkin Manes will not disclose more information than is required.

Service Providers. Torkin Manes may disclose Personal Information to organizations that perform services for the firm. Personal Information will only be provided to such service providers if they agree by way of contractual or other arrangements to use such information solely to provide services to Torkin Manes and under the instruction of Torkin Manes and, regarding that information, to act in a manner consistent with the principles articulated in this Privacy Policy.

Storage and Jurisdiction. Currently, Torkin Manes holds or stores Personal Information principally in the City of Toronto and in nearby municipalities where off-site storage facilities may be located. Torkin Manes allows certain authorized third party internet providers to track and store certain information about visitors to the Site, and such information may be stored outside of Canada. Similarly, off-site storage facilities or servers may be located outside of Canada. Personal Information is always subject to the local laws of the jurisdictions within which it is collected, used, disclosed and/or stored, and may be accessed by governmental authorities in those jurisdictions.

Security. Torkin Manes has taken steps to maintain adequate physical, procedural and technical security regarding its offices and information storage facilities to prevent any loss, misuse, unauthorized access, disclosure, or modification of Personal Information (a “Data Breach”). Torkin Manes further protects Personal Information by restricting access to those individuals that need to know that information in order that Torkin Manes may provide its services. All Torkin Manes’ professionals, staff, contractors and agents are provided with training on maintaining the confidentiality and protection of the Personal Information provided to Torkin Manes.

No method of transmitting or storing data is perfectly secure. While the physical characteristics of letter mail, telephone calls, faxes and transmissions over the Internet are different, each is susceptible to possible loss, misrouting, interception and misuse of the information being communicated or transmitted. In the unfortunate event of a Data Breach, Torkin Manes has procedures in place to contain the loss to the greatest extent possible and will comply with applicable breach notification requirements.

Accuracy & Access. Torkin Manes 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 it uses that information. In the event that you believe that your Personal Information is not accurate or you wish access to your Personal Information, you may make a request to the Privacy Officer.

We will always endeavor to provide timely access to your Personal Information. However, there may be circumstances where access will not be granted. For example, where access would lead to the disclosure of Personal Information of another individual and that individual refuses to provide consent to disclose or information subject to privilege or other legal restrictions. You will be notified in all cases of the reason for the denial of access.

Privacy Officer. Torkin Manes has appointed a Privacy Officer to oversee privacy matters at our firm. Our Privacy Officer may be reached by email at privacyofficer@torkinmanes.com or by letter mail at:

Privacy Officer
Torkin Manes LLP
151 Yonge Street, Suite 1500
Toronto, Ontario M5C 2W7

If you ever have any questions, complaints, or concerns about the Privacy Policy or your Personal Information you may contact the Privacy Officer or the Torkin Manes professionals with whom you have a relationship.

Amendment of Privacy Policy. This Privacy Policy is in effect as of March, 2009 and has been updated as of May, 2014. Torkin Manes will from time to time review and revise its privacy practices and this Privacy Policy. In the event of any amendment, an appropriate notice will be posted on the Site. Policy changes will apply to the Personal Information collected from the date of posting of the revised Privacy Policy to the Site as well as to existing Personal Information held by Torkin Manes.