Respecting Your Privacy – The KDA Law Privacy Policy

Last Updated: November 1, 2019

Accountability

Kaufmann Dockrill & Associates Professional Corporation (KDA Law) is responsible for the personal information under our control. We have designated a Privacy Officer who is accountable for compliance with our Privacy Policy. We also require that comparable protection of personal information is in place with any third parties used by us to process such information. Questions can be directed to KDA Law’s Privacy Officer as indicated below:

Privacy Officer, KDA Law
Barristers & Solicitors
191 North Front Street
Belleville, Ontario
M4T 2T5
Phone: 613 966 7771
Fax: 613 966 6415
Email: belleville@kdalaw.ca
Website: kdalaw.ca

Purpose

We recognize the importance of your privacy and the sensitivity of personal information. KDA Law is providing this Privacy Policy to explain our practices regarding the collection, use and disclosure of information that we receive through our Services. This Privacy Policy explains our online and offline information practices, the kinds of information we may collect, how we intend to use and share that information, and how you can opt out of a use, or correct or change such information.

Scope

This Privacy Policy applies to Personal Information that is collected by KDA Law in the course of our business, including on the KDA Law website (“Site”), mobile applications, blogs, and other online or offline services (together with any and all future online and offline services managed by or on behalf of KDA Law, the “Services”). This Privacy Policy does not apply to any third-party websites, services or applications, even if they are accessible through our Services. All individuals whose responsibilities include the collection of Personal Information on behalf of KDA Law are expected to protect that data by adherence to this Privacy Policy. This Privacy Policy is intended to meet requirements globally in the jurisdictions where our clients and Site visitors reside.

Transparency / Notice

The Types of Personal Information We Collect

We use the term “personal information” to mean any information that can be used to identify an individual. Our primary goals in collecting personal information are to both provide and improve our Services, to provide professional services to you, and to allow you to enjoy and easily navigate our Site with the most accurate and relevant information to you and/or your organization. The types of Personal Information we may collect (directly from you or from Third-Party sources), and the privacy practices which apply, depend on the nature of the relationship you have with KDA Law and the requirements of applicable law in Canada. Some of the ways that we may collect Personal Information include:

  • Directly to KDA Law through your engagement of our Services (offline);
  • Through the distribution of requested reference materials;
  • Resumes, work history information, or application forms submitted to us;
  • When you contact us for further information;
  • Via surveys, quizzes, or benchmarking surveys (when applicable); and
  • Via registration for events, courses and conferences (online or offline).

As you navigate the Site, certain passive information may also be collected about your visit, including through cookies and similar technologies as described below.

How KDA Law Uses Your Information
All personal information we hold about you will be processed directly by our staff, and no third parties will have access to your personal data unless there is a legal obligation for us to provide the third party with this information. We have set out below the legal bases for KDA Law to process your data:

  • Some of our processing is necessary for compliance with legal obligations;
  • We may also process data if it is necessary for the performance of a contract with you, or to take steps to enter into a contract with you (An example of this would be processing your data in connection with providing you with services); and
  • We will also communicate with you in order to provide information about other services we offer, and to update you about our activities.

Where your information is used other than in accordance with one of the uses above, we will in every case first obtain your consent for that use.

All Data obtained by the Site is used for internal business purposes of KDA Law, and in connection with a visitor’s request to the Site. This data is not shared with others for any unrelated purposes, unless expressly stated in this Privacy Policy, or otherwise communicated to the Site visitor at the time.

KDA Law’s intention is not to seek any sensitive information through our Site, unless legally required to do so as part of our recruiting efforts for employees.

KDA Law makes every practical effort to avoid excessive or irrelevant collection of data. If a visitor believes the Site has collected excessive information, we encourage the visitor to contact us at belleville@kdalaw.ca to raise any concerns.

Except for instances where visitors explicitly choose to receive specific KDA Law marketing or other informational materials, KDA Law will not use personal data collected from our Site to distribute marketing or informational materials.

Consent

By continuing to use the Site, and by providing any personal data (including sensitive personal data) to us via the Site, or email addresses provided on the Site, visitors are consenting to our use of your personal data as set out in this Privacy Policy.

Cookies, Pixel Tags/Web Beacons, and Analytics Information

We, as well as Third Parties that provide content, or other functionality on our Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Site. We use Technologies that are essentially small data files placed on your computer, tablet, mobile phone, or other devices (referred to collectively as a “device”) that allow us to record certain pieces of information whenever you visit or interact with our Site, applications, messaging, and tools, and to recognize you across devices.

  • Cookies are small text files placed in a visitor’s computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you choose to block and/or delete cookies, be advised that the Site may not work properly.
  • A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about a visitor’s engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page on the Site.
  • The Site includes social media features such as links to our Facebook and LinkedIn pages, and other elements that may include widgets or other interactive mini-programs. These features may collect your IP address, the specific page you are visiting on the Site, and may place a cookie on your computer in order to enable the feature to function properly. These social media features are either hosted by a Third Party or hosted directly on the Site. Your interactions with these features are governed by the Privacy Policy of the company that provides it, and KDA Law assumes no responsibility for the use or misuse of any data or information you may provide to that company through your use of their Third Party application located on the Site.
  • We use Google Analytics, a service provided by Google, Inc. (“Google”), to gather information about how visitors engage with the Site. For more information about Google Analytics, and their use of any data you may provide by visiting the Site, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of any data generated by your use of the Site by going to http://tools.google.com/dlpage/gaoptout.

Our uses of such Technologies fall into the following general categories:

  1. Operational. We may use cookies, web beacons, or other similar technologies that are necessary to the operation of the Site, services, applications, and tools. This includes technologies that allow you access to the Site, applications, and tools that are required to identify irregular Site behavior, prevent fraudulent activity, and improve security, or that allow you to make use of our functions such as saved search or similar functions.
  2. Performance. We may use cookies, web beacons, or other similar technologies to assess the performance of the Site, as well as applications and other tools as part of our analytic practices, in order to help us understand how our visitors use the Site, to determine if you have interacted with our messaging services, to determine whether you have viewed an item or link, or to improve the Site content, applications, services, or tools.

If you would like to opt out of the Technologies we employ on the Site, including accessing any services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits.

Third Parties

KDA Law will only disclose Personal Information to third parties under the following circumstances:

  • When explicitly requested by the client/visitor;
  • When required in order to deliver publications or reference materials requested by the client/visitor;
  • When required in order to facilitate conferences or events hosted by a third party that the client/visitor has signed up for; or
  • When required in order to meet any other request made by a client/visitor.

Categories of third parties that KDA Law may share personally identifiable information with include federal, provincial, and local government entities as required by law.

The Site does not collect or compile personally identifiable information for dissemination or sale to outside parties for consumer marketing purposes, or host mailings on behalf of third parties.

The Site may contain links to other websites and other websites may reference or link to our Site or other Services listed on our Site. These other domains and websites are not controlled by us, and KDA Law does not endorse or make any representations about Third-Party websites or social media platforms. We encourage visitors to read the Privacy Policies of each and every website and application with which they interact. We do not endorse, screen or approve, nor are not responsible for, the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

Data Retention
KDA Law retains the Personal Information we receive as described in this Privacy Policy for as long as required or permitted in order for you use our Services, or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, or comply with applicable laws.

Rights of Access, Rectification, Erasure, and Restriction

You may inquire as to whether KDA Law is storing Personal Information about you, request access to your Personal Information, and ask that we correct, amend or delete your Personal Information where it is inaccurate. You may send an email to belleville@kdalaw.ca, or use any other methods set out in this Privacy Policy, to request access to, receive (port), seek rectification of, or request erasure of any Personal Information held about you by KDA Law. To do so, please include your full name and email address that are associated with you or your Account, and a detailed description of your request.

Although KDA Law makes every good faith effort to provide Individuals with access to their Personal Information, there may be circumstances under which KDA Law is unable to provide such access, including, but not necessarily limited to:

  • Where the information contains legal privilege;
  • Where the information would compromise others’ privacy or other legitimate rights;
  • Where the burden or expense of providing access to this information would be disproportionate to the risks to the Individual’s privacy in the case in question; or
  • Where it is commercially proprietary.

If KDA Law determines that access to Personal Information should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made, and provide you with a contact point for any further inquiries. To protect your privacy, KDA Law will always take commercially-reasonable steps to verify your identity before granting any access to, or making any changes to, your Personal Information.

Security and Safeguards

KDA Law takes reasonable measures to ensure that your Personal Information is kept secure, and to prevent unauthorized access, modification or disclosure of your Personal Information. Some of the reasonable measures we take to protect your Personal Information are:

  • Ensuring physical premises security;
  • Restricting access to any digital or physical copies of your Personal Information;
  • Deploying technological safeguards, such as security software and firewalls, to prevent hacking or unauthorized computer access;
  • Having a strict policy regarding internal passwords; and
  • Through detailed security policies.

Human Resources Data

With regard to any Personal Information that KDA Law receives in connection with an employment relationship, KDA Law will use such Personal Information only for employment-related purposes. If KDA Law intends to use this Personal Information for any other purpose, we will notify the Individual in advance seeking permission, and provide the Individual an opportunity to opt-out of such uses.

Onward Transfer

KDA Law does not disclose your Personal Information to any Third Party that would enable them to market their products or services to you. For example, we do not sell or provide our client mailing lists to suppliers or other clients. Under certain circumstances, KDA Law will disclose your Personal Information to a Third Party:

  • If we engage a Third Party to provide services to us that you request or require;
  • If necessary to establish or collect payments related to your account; or
  • If the Personal Information is already publicly known.

Whenever we disclose your Personal Information to Third Parties for the purpose of providing services to us, we require these Third Partiess to maintain levels of confidentiality and security that are equivalent to our own practices.

If we are ever involved in a merger, acquisition, financing due diligence undertaking, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your Personal Information may be sold or transferred as part of such a transaction, as permitted by law and/or contract. In such event, KDA Law will endeavour to direct the transferee to use your Personal Information in a manner that is consistent with the Privacy Policy that was in effect at the time your Personal Information was collected.

Data Transfers

All Personal Information collected via or by KDA Law may be stored anywhere in the world, including but not limited to, Canada, the United States, the European Union, in “the cloud,” on our servers, on the servers of our affiliates, or on the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request for said Personal Information. By providing Personal Information to KDA Law, you consent to the access or storage of your Personal Information by the parties or in the locations listed above.

Opt-Out Procedures

YOU HAVE THE RIGHT TO OPTOUT OF RECEIVING INFORMATION FROM KDA LAW.

In accordance with Canadian Anti-Spam Legislation (CASL), we must offer all email recipients the option to block future emails from KDA Law. KDA Law provides that option within every email we may sent you, whether it is promotional in nature, or related to the execution Services you have engaged us to provide. Please note that if you decide not to provide us with the Personal Information that we request, or decide to opt-out of communications, we may not be able to provide you with the Services you request, and KDA Law is not liable for any damages you may suffer as a result of your decision.

You have the right to opt out of certain uses and disclosures of your Personal Information. Where you have consented to KDA Law storing your Personal Information or Sensitive Personal Information, you may withdraw that consent at any time and opt out by contacting belleville@kdalaw and providing specific details of your request.

About this Document

This Privacy Policy spells out the responsibility of KDA Law and your rights as a client, visitor, or other individual regarding the collection, use and disclosure of your Personal Information.

This Privacy Policy is subject to amendment, with such amendments to be posted on KDA Law’s website from time to time, and will also be available from KDA Law’s Privacy Officer on requrest.