Privacy Policy

Introduction

LaBarge Weinstein LLP and its management corporations (“we”, “us”, “our”) are committed to protecting the Personal Information (as that term is defined below) of clients, other individuals, and our Website visitors (“you”, “your”). We safeguard your Personal Information in accordance with applicable privacy laws. Additionally, as a legal services firm, we have professional and ethical obligations imposed by the governing law societies in the jurisdictions in which we operate to keep confidential the information we receive in the context of a solicitor-client relationship. This privacy policy (“Privacy Policy”) explains how we collect, use and disclose Personal Information while conducting our business, including through the operation of our website, www.lwlaw.com (“Website”).

Please note that our Website may contain links to third-party sites, services or content (“Third-Party Service”). Any Personal Information submitted to us via a Third-Party Service that we can access will be subject to this Privacy Policy, but please note that such Personal Information will also be subject to the terms of the applicable Third-Party Service. Please review the privacy policies of the applicable Third-Party Service for information about how your Personal Information will be treated before submitting any Personal Information with them. Further, we may receive Personal Information about a third party from a client or individuals involved in proceedings or matters opposite or adverse to our clients or have a business, legal or other relationship with the third party (“Third-Party Information”). Third-Party Information we receive will be processed in accordance with this Privacy Policy but note that the individual who shared such Third-Party Information with us may have their own privacy policies governing how they collect, use and disclose Third-Party Information. We encourage you to contact them if you have questions or concerns about your Third-Party Information.

From time to time, we may make changes to our Privacy Policy. Please periodically review our Privacy Policy so that you are aware of our current policies on the collection, use and disclosure of Personal Information.

Personal Information

“Personal Information” means information about an identifiable individual. Generally, this does not include business contact information that we use to contact you in your business capacity, such as your name, title, business address and telephone number, unless such information is deemed to be Personal Information under the privacy laws applicable to your jurisdiction.

Consent

We will obtain a client’s consent to collect, use and disclose Personal Information about the client, unless otherwise permitted or required to do so by law.  We assume that if you are a client who has retained us, or if you are an adverse party or are otherwise involved in a matter under our retainer, you consent to our reasonable collection, use and disclosure of your Personal Information as needed to provide the services that we have been retained to provide. We assume that when an individual initiates contact with us or voluntarily provides Personal Information to us, the individual has consented to our reasonable collection and use of Personal Information consistent with the purposes for which the information was given. Further, if you provide us with Personal Information about a third party, you are responsible for obtaining all necessary consents necessary for us to collect, use and disclose the Personal Information for the purposes for which the information was collected and as provided in this Privacy Policy.

By submitting Personal Information to us, you signify your consent to the collection, use and disclosure of your Personal Information in accordance with this Privacy Policy. Where we are processing your Personal Information with consent, you may withdraw your consent to our collection, use and disclosure of your Personal Information at any time, subject to legal and/or contractual restrictions and upon reasonable notice. Withdrawal of your consent may limit our ability to provide you with certain services or information that may be of value to you.

Collection of Personal Information

We normally collect your Personal Information directly from you, at the start of or during the course of your retainer with our firm or when you contact us to request information about our services or to apply for an employment position. Occasionally, we may also obtain Personal Information from other sources such as a government agency or registry, other professionals who serve you, or other third parties with whom you have contractual or other legal relationships.

We limit the collection of your Personal Information to that which is required to enable us to provide you with the services requested, to operate our business, maintain our Website, and to comply with legal and regulatory requirements.

The types of Personal Information we may collect about you include your home address, telephone number, e-mail address, billing and bank account information, social insurance number, and information related to legal matters you are involved in. We may also ask you to provide us with photo identification. From time to time, we may collect Personal Information about other individuals associated with legal matters under our retainer, including directors, officers, employees, shareholders and investors or other third parties with whom you have contractual or other legal relationships.

Although we make commercially reasonable efforts to safeguard the Personal Information you provide to us by email or by using the “Contact Us” form on our Website, we cannot guarantee the confidentiality of such Personal Information, and it is important to recognize that such communication is not necessarily privileged. We recommend that information of a confidential and/or sensitive nature, including Personal Information, be provided directly to us by telephone or in person.

What Personal Information Do We Collect and Use?

Provision of Services: We collect, use and disclose Personal Information for the primary purpose of providing our clients with professional legal services and representation, including for the following purposes:

  • to establish and manage client relationships, provide legal advice, perform legal services, fulfil legal duties (including Know Your Client obligations), and avoid legal conflicts of interest;
  • to share Personal Information with third parties, such as opposing parties, arbitrators, courts, foreign and other counsel, and your other professional advisors.
  • to represent clients in the context of business transactions involving the exchange or disclosure of Personal Information;
  • to issue invoices, administer accounts, and collect and process payments;
  • to establish and maintain commercial relationships with suppliers and other third parties who deliver services to us;
  • for marketing and advertising purposes, such as developing and providing promotional and advertising materials that may be relevant, valuable, or otherwise of interest to you;
  • to meet our insurance and regulatory requirements;
  • to organize and run events, such as legal briefings or roundtables;
  • to develop and manage our business and operations;
  • to protect our information assets and technology platforms from unauthorized access or usage and to monitor for malware and other security threats; and
  • as permitted by applicable legal or regulatory requirements or provisions.

The types of Personal Information we may collect while providing services to you include your home address, telephone number, e-mail address, billing and bank account information, social insurance number, photo identification, and any other Personal Information shared with us (directly or indirectly) in the course of providing services to you. We may collect Third-Party Information about other individuals associated with legal matters under our retainer, including directors, officers, employees, shareholders and investors or other third parties with whom you have contractual, legal or other relationships.

Employment: If you would like to work with us and submit hiring materials to us, we collect any Personal Information in your hiring materials, such as your resume, cover letter, transcripts, or certifications. If you submit hiring materials to us, we ask you to only include information relevant to the position you’re applying for, and your employment history and education (including, without limitation, certifications and/or degrees obtained, previous work experience, relevant awards, etc.). If you are a current employee, please contact our privacy officer to find out how your Personal Information is collected, used and disclosed by us.

: When you visit our website, we use Google Analytics to monitor traffic patterns, site usage and related site information. We do not use cookies or any electronic means to collect Personal Information from your computer and we do not collect IP addresses. However, Google collects IP addresses from Website visitors and tracks page views to deliver aggregated statistics and reporting to us. For more information, please see Google’s Privacy Policy, which is available at:  https://policies.google.com/privacy.

Events: If you attend one of our events, we may collect any Personal Information you share with us at the event. We collect this information so that we can service you appropriately at our events and contact you about future events, promotions, offers and information about our services.

: If you sign up to receive our newsletters or other marketing information, we collect your first and last name, email address, website name, and client matter and name. We use this information to send you newsletters and event information. You can unsubscribe at any time by clicking the “unsubscribe” link included at the bottom of each email. Alternatively, you can opt out of receiving email marketing communications by contacting us using the contact information provided in the “General Contact Form” on the Website or emailing us at unsubscribe@lwlaw.com. Please note that you may continue to receive legal services-related or account-related communications from us.

Client Intake Form: If you wish to retain our services, we collect your first and last name, phone number, email address, company name, and any information you choose to share with us in the client intake form. We use this information to contact you in order to discuss whether you and us will enter into a lawyer-client relationship based on your legal needs.

Disclosure of Personal Information

We do not disclose your Personal Information without your consent unless permitted or required to do so by law or as reasonably necessary for us to complete the services you have retained us to provide. From time to time, we may disclose your Personal Information in the normal course of business to:

  • our employees.
  • third parties such as opposing counsel, or experts or consultants retained by us to assist us in providing you with legal services.
  • service providers retained by us, such as archival file storage, insurance providers, business partners, web hosting partners, or IT service providers.
  • a third party we reasonably believe is acting as your agent.
  • third parties for the purpose of collecting outstanding accounts.
  • third parties for the purpose of compliance with court orders, regulatory rules (including the rules of applicable provincial law societies) or to satisfy our insurance requirements; and
  • In connection with a corporate re-organization, a merger or amalgamation with another entity, or a sale of all or a substantial portion of our assets or shares, including any due diligence exercise carried out in relation to the same, provided that the Personal Information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the Personal Information.

 

How We Protect Your Personal Information

We use various safeguards to protect your Personal Information against loss, theft, misuse, unauthorized access, unauthorized disclosure, copying, or alteration. These include: security of our physical premises, our professional and regulatory obligations, contractual obligations to bind third-party service providers, security software and firewalls, internal document retention and disposal practice, and passwords that restrict access to our electronic files.

We use servers located on our premises in Canada as well as cloud services hosted by third-party service providers whose servers are located outside of Canada, including the United States. Further, some of the disclosures under Section 5 above may be made to third parties located in jurisdictions outside of Canada. Accordingly, your Personal Information may be available to foreign governments or their agencies outside of Canada (including, for Quebec individuals, outside of the province of Quebec) under a lawful order, irrespective of the safeguards we have put in place for the protection of your Personal Information.

Retention

We keep records of the client work and services provided by us (which may include Personal Information) in accordance with applicable regulatory requirements and professional standards. We will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, for legitimate business purposes, or if otherwise required by law. All retained Personal Information will remain subject to the terms of this Privacy Policy. You have the right to ask us to remove your Personal Information from our databases, and we will do so to the best of our ability, but it may not be possible to completely delete all of your Personal Information due to technological and legal constraints (for example, when your Personal Information pertains to another client or third party).

We may ask you to update your Personal Information, contact information or preferences from time to time and clients are encouraged to contact us to update the Personal Information as required.

Accessing and Correcting Your Personal Information

You have the right to request access to your Personal Information, and to receive a general accounting of how that information has been used and disclosed, subject to certain exceptions prescribed by law. You also have a right to correct your Personal Information as appropriate. Upon receipt of your written request, we will provide you with a copy of your Personal Information although in certain limited circumstances, we may not be able to make all relevant Personal Information available to you (for example, where that Personal Information also pertains to another client). In such circumstances, we will provide reasons for the denial to you upon request. We will make every reasonable effort to keep your Personal Information accurate, and to respond to your in a timely manner.

Contact Us.

If you would like to request access to your Personal Information, challenge the accuracy and completeness of your Personal Information, or if you have any concerns regarding our privacy practices, please contact our Privacy Officer at: privacyofficer@lwlaw.com

LaBarge Weinstein LLP

515 Legget Drive, Suite 800

Ottawa, ON K2K 3G4

T: 613.599.9600

F: 613.599.0018

Attention: LW Privacy Officer

Last Updated

September 30th, 2024.

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