Barry Spalding Lawyers

OUR PRIVACY POLICY

OUR LAW FIRM recognizes the importance of privacy and the sensitivity of personal information. As lawyers we have a professional obligation to keep confidential all information we receive within a lawyer-client relationship, except for disclosure which must take place in accordance with the law, and disclosure to advance the interests of our clients through our practice of law. Our relationship with our clients is founded on trust. We are committed to maintaining that trust, and make all reasonable efforts to do so, in accordance with the law of New Brunswick and Canada.

WHAT IS PERSONAL INFORMATION

Personal information is information about an identifiable individual. Personal information includes information that relates to their personal characteristics (e.g., gender, age, income, history, health, etc.) or their activities and views. Personal information is distinguished from business information (e.g., an individual’s business address and telephone number), which is not protected by privacy legislation.

WHO WE ARE

Our law firm consists of lawyers, articled clerks and support staff. Depending on the nature of the legal work involved, we sometimes utilize the support services of consultants, experts, or other third parties outside our firm, who may, in the course of their duties, have limited access to personal information which we hold.

WHY WE NEED PERSONAL INFORMATION

We provide legal advice and services to a wide range of clients. In doing so, we necessarily collect, use and disclose personal information. Where our client is an individual, we collect information about the client and his or her legal issue including anything the client might have said or done that might affect their legal situation so that we can effectively advise and communicate with that client.

We may also sometimes collect personal information about individuals who are not our clients, as is necessary or appropriate in accordance with the practice of law and our duties to our clients.

On our website, we only collect, with the exception of “cookies”, the personal information you provide to us. Cookies are used only to help you navigate our website and used to assist us in anonymously monitoring web site traffic and usage.

We also collect, use and disclose information for the following secondary purposes:

To invoice clients for services, to process credit card payments or to collect unpaid accounts.
To advise clients and others of new developments in the law.
To conduct marketing activities.

Lawyers are regulated by the Law Society of New Brunswick which may inspect our records and receive information from our firm as prescribed by law and in accordance with its regulatory activities in the public interest. In addition, as professionals, we may be obliged in some circumstances to report misconduct, incompetence or incapacity of legal practitioners or other professionals, or individuals or corporations. Our own insurers and some government agencies (e.g., Canada Customs and Revenue Agency, Information and Privacy Commissioner, Human Rights Commission, etc.) may also have the authority through law or contract to obtain personal information from us. In these unusual circumstances, or if there is uncertainty as to the scope of disclosure which is required in accordance with law, we may consult with such other professionals as may be appropriate (e.g., lawyers, accountants) for advice on appropriate personal information disclosure.

HOW WE COLLECT YOUR PERSONAL INFORMATION

We collect personal information only by lawful means as is necessary or appropriate in the course of representation of our clients.

CONSENT

Where practical, we will obtain consent directly from you before collecting, using or disclosing your personal information. Sometimes we obtain that consent in writing; other times verbally. Often your consent may be implied or inferred through your relationship with us.

DISCLOSURE OF YOUR PERSONAL INFORMATION

We will disclose the personal information of clients when necessary in accordance with law, or as may be appropriate to properly advance the interests of the client through our practice of law. We will disclose the personal information of employees of our firm (i) as is required by law, (ii) as is consented to by the employee, or (iii) as may be appropriate by virtue of the employment relationship, including such purposes as obtaining insurance or other benefits for employees.

PROTECTING AND MAINTAINING PERSONAL INFORMATION

We recognize the importance of protecting personal information and take all reasonable precautions to prevent loss, unauthorized access, modification or improper disclosure of that information.

Since we use your personal information to provide legal services to you, it is important that the information be accurate and current. If, during the course of the retainer, any of your information changes, it is important that you inform us so that the necessary changes can be made.

RETENTION AND DESTRUCTION OF PERSONAL INFORMATION

Depending on the nature of the personal information, we retain personal information for reasonable periods of time so that we can answer any questions you might have about the services provided and for our own accountability as required by law to external regulatory bodies and other agencies. Upon our conclusion of a legal matter on your behalf, you may request the return of any personal information or documents in your file. We may retain copies if appropriate in our own judgment for our professional accountability requirements, or as may be required by law. Closed files will eventually be destroyed, and we are not responsible for the loss of personal information which you leave with us after a legal matter has been concluded, except in accordance with law.

ACCESS TO PERSONAL INFORMATION

As a client, you may request access to any personal information we hold about you. You have a right to see that personal information, with some exceptions. We reserve the right to charge a fee if appropriate for requests for information access or copies of documents or other records.

We may in exceptional circumstances deny you access to your personal information when this is necessary by force of law or appropriate in accordance with our duties as lawyers in the practice of law.

If there is a problem with your request for information, we may ask you to put your request in writing. If we cannot grant access, we will tell you within 30 days wherever possible and will tell you the reason for the denial of access, as best we can.

CHANGES TO THIS PRIVACY POLICY

We may change our privacy policy as may be necessary or appropriate from time to time, and in accordance with the laws of New Brunswick and Canada.

EMPLOYMENT INQUIRIES

If you apply for a job with us, we need to consider your personal information as part of our review process. We may or may not retain information from candidates after a decision has been made. If we offer you a job, which you accept, we normally retain this information.

WEB SITE

Our web site is located at www.barryspalding.com. Your use of our website is subject to the conditions of use which are stated therein. Our web site also contains links to other sites, which are not governed by this privacy policy, and for which we take no responsibility.

On our web site, like most other commercial web sites, we may monitor traffic patterns and site usage.

QUESTIONS AND INQUIRIES

Our Privacy/Information Officer, Donald V. Keenan, can be reached at:

Donald V. Keenan

Barry Spalding Lawyers | Avocats

55 Union Street, Suite 710

Saint John, NB E2L 5B7

Mailing Address

P.O. Box 6010, Stn. “A”

Saint John, NB. E2L 4R5

Phone:(506) 633-4226

Fax:(506) 633-4206

E-mail: dvk@barryspalding.com

Donald will attempt to answer any questions or concerns you might have as well as respond to your requests for access to your personal information.

If you wish to make a formal complaint about our privacy practices, you may make it in writing to our Privacy/Information Officer. He will acknowledge receipt of your complaint, ensure that it is investigated promptly and that you are provided with a formal response in writing.

This policy is made in accordance with the Personal Information Protection and Electronic Documents Act of the Government of Canada. The Act is complex and provides additional provisions that are too detailed to set out in this privacy policy. There are some rare exceptions to the commitments set out above. Please refer directly to the governing legislation and applicable regulations for further details.

For general inquiries regarding privacy, the Information and Privacy Commissioner of Canada oversees the administration of the privacy legislation in the private sector and may be of assistance. The Commissioner also acts as a kind of ombudsman for privacy disputes. The Information and Privacy Commissioner can be reached at:

112 Kent Street

Ottawa, ON. K1A 1H3

Phone:(613) 995-8210

Toll-free:1-800-282-1376

Fax:(613) 947-6850

TTY:(613) 992-9190