Privacy Policy

Privacy Policy – 2021

Gibbs & Associates is committed to maintaining the accuracy, security and privacy of personal information in accordance with applicable legislation. This Privacy Policy is a statement of principles and guidelines concerning the protection of our clients’ personal information.

Our website is designed to provide to the public information concerning our services, to collect information from persons who submit an email to one or more of the email addresses provided on our website and to enable our lawyers to respond. This privacy policy (“Policy”) applies to the online collection of information from users of this website if you contact us through the use of this website. It also relates to the information we collect for the purposes of or in connection with the provision of legal services to you.  Please note that if you establish a professional relationship with one or more of our lawyers, any personal information you share with the lawyer(s) will be subject to the professional obligation to maintain confidentiality as established by the Law Society of Ontario’s Rules of Professional Conduct and the law. Please note that sending an email to us through the use of this website does not create a solicitor-client relationship between you and any of our lawyers. Only a direct contact between you and an individual lawyer creates such a relationship; namely, where you have agreed to retain Gibbs & Associates, and our firm has agreed to act for you.

Consent

By submitting personal information to Gibbs & Associates or its service providers and agents, you agree that we may collect, use, and disclose such personal information in accordance with this privacy policy and as permitted or required by law.

Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the identified purposes at any time by contacting our Chief Privacy Officer. If you refuse or withdraw your consent, we may not be able to provide you with or continue to provide you with the legal services/information which may be of value to you.

What “Personal Information” do we collect?

Canadian privacy legislation defines “Personal Information” broadly as information about an identifiable individual or as information that allows an individual to be identified. For the purposes of this policy, Personal Information means information about an identifiable individual as defined from time to time in applicable privacy legislation. Generally speaking, Personal Information does not include what is considered business contact information: your name, title or position, business address, telephone number, facsimile number, or e-mail address. The types of Personal Information that Gibbs & Associates may collect about you includes but is not limited to your name, home address, telephone number, personal email address, billing and account information, client identifying or client verifying information that we are obliged to collect as required by the Law Society of Ontario. We may also collect information about a client’s legal issue and other information incidental to providing legal advice and services (including Personal Information about witnesses, family members, beneficiaries, directors, officers, employees, adverse parties, parties-in-interest, investigators, decision makers, experts, other professional advisors, and our clients’ business partners, investors, shareholders, competitors and customers who are individuals).

Why do we collect your Personal Information?

In general, Gibbs & Associates collects, uses and discloses Personal Information about our clients and service providers in order to provide our clients with professional legal services. More specifically, we collect, use and disclose your Personal Information for the following purposes:

• to provide legal services to you, in accordance with the scope of our retainer and your instructions;
• to comply with our obligations to the Law Society of Ontario with respect to Client Identification and Client Verification, as the case may be;
• to bill you for legal services rendered;
• to provide information to you about developments in the law in professional/practice areas relevant to you and/or your business;
• to advise you of upcoming firm event; and
• for any other purpose to which you consent.

What principles do we follow with respect to your Personal Information?

Gibbs & Associates abides by the following principles under the applicable Canadian legislation:

• We are accountable for personal information under our control.
• We identify the purpose for collecting personal information at or before the time we collect it.
• We obtain your consent before collecting, using or disclosing your personal information, except where otherwise permitted or required by law.
• Gibbs & Associates limits the personal information we collect to that which is necessary for us to carry out our law practice and to represent our clients in the matters in which we have been engaged.
• We only use information obtained for its original intended purpose (unless you provide your consent to a different use or disclosure), and we retain it only as long as necessary to carry out that purpose and/or as required by record retention requirements.
• Gibbs & Associates takes all reasonable steps to ensure the accuracy of your information.
• We safeguard the privacy of your personal information through security measures.
• We share with our users/clients our policies and practices related to managing your personal information.
• Upon request, Gibbs & Associates will give you access to your personal information, subject to any limitations imposed by law.
• If/when you have questions or concerns regarding your privacy or this Policy we will respond.

When do we disclose your Personal Information?

From time to time, Gibbs & Associates may disclose your Personal Information in certain circumstances:

• when we are required or authorized by law to do so, for example if a court issues a subpoena;
• when you have consented to the disclosure;
• when the legal services we are providing to you require us to give your information to a third party, your consent will be implied, unless you tell us otherwise (for example, filing a pleading in Court on your behalf or making a submission to a tribunal, regulator or arbitrator);
• where it is necessary to establish or collect fees;
• if we engage a third party to provide administrative services to us (like computer back-up services or archival file storage) and the third party is bound by our privacy policy;
• if we engage expert witnesses on your behalf;
• if we retain other law firms in other jurisdictions, on your behalf; or
• if the information is already publicly known.

Where do we store your Personal Information?

Your Personal Information is stored in secured locations within our office premises and on servers controlled by Gibbs & Associates and managed by our external IT specialists.

How may you obtain 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.

We may deny access when:

• denial of access is required or authorized by law (for example, when a record containing personal information about you is subject to a claim of legal professional privilege by one of our clients);
• information relates to existing or anticipated legal proceedings against you;
• when granting you access would have an unreasonable impact on other people’s privacy;
• when to do so would prejudice negotiations with you;
• to protect our firm’s rights and property;
• where the request is frivolous or vexatious.

Correcting Errors

If Gibbs & Associates holds information about you, and if you can establish that it is not accurate, complete and up-to-date, Gibbs & Associates will take reasonable steps to correct it.

Changes to the Privacy Policy

Gibbs & Associates reserves the right to modify or supplement this Privacy Policy at any time. If we make a change to this Privacy Policy, we will post such changes on our Website and make such revised policy and changes available upon request to our Chief Privacy Officer. However, we will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your Personal Information for purposes other than those to which consent has been obtained unless otherwise required or permitted by law.

Further Information

Michelle Gibbs is the firm’s Chief Privacy Officer to oversee compliance with this Privacy Policy and applicable privacy laws. For further information, please contact michellegibbs@gibbslaw.ca.