Personal Information means information about an identifiable individual. This includes the individual's name, address, contact numbers, age, sex, marital/family status, any identifying numbers, financial information, educational history, health situation, and so on. It is information which may identify a client, or by which a client's identity could be deduced. Of course, it is necessary for a law firm such as Rose LLP to collect and use such information in providing clients with legal services. This will be done only by lawful and fair means and not in an unreasonably intrusive way. Wherever possible Rose LLP will collect a client's Personal Information directly from the client, at the start of a retainer. But sometimes such information may be obtained from other sources, such as a government agency, a client's employer, or a client's accountant.
Insofar as possible, Rose LLP will ask a client for consent to collect, use or disclose Personal Information. This consent may be obtained orally, implicitly, or in writing.
Use and Disclosure of Personal Information
Personal Information will be used only to provide legal advice and services to a client, to administer a client's database and to include a client in any direct marketing. If a client informs Rose LLP that it no longer wishes to receive marketing information, such will no longer be provided to that client.
Rose LLP will not disclose a client's Personal Information to a third party to enable that party to market their products or services.
Further Details Regarding Use and Disclosure of Personal Information
- When required or authorized by law to do so.
- When consent has been given by the client.
- If an expert witness is engaged on behalf of a client.
- If a law firm in another jurisdiction is retained on behalf of a client.
Assumed Consent for Use of Personal Information
Consent for Personal Information to be used for a particular purpose is assumed in cases where the client volunteers information for an obvious purpose.
Withdrawal of Consent for Use of Personal Information
A client may withdraw consent to the use and disclosure of Personal Information at any time, unless the Personal Information is necessary for Rose LLP to fulfill its legal obligations. Rose LLP will respect the client's decision, but may not be able to provide the client with certain products and services without the necessary Personal Information or permission. It will be understood that Rose LLP may in certain circumstances collect, use or disclose Personal Information without consent as authorized by law, for example, where to do so is reasonable for an investigational legal proceeding, to collect a debt owed to Rose LLP, or in a life threatening emergency.
Rose LLP will use all appropriate precautions to ensure that a client's Personal Information is kept safe from loss, unauthorized access or disclosure. For example, when appropriate, paper records are shredded or electronic records are permanently deleted.
Access to Personal Information
A client may ask for access to any Personal Information Rose LLP holds about that client. Detailed requests requiring archived or other retrieval costs may be subject to appropriate fees and charges.
Can a Client be Denied Access to Personal Information?
A client's rights to access such information is not absolute. That right may be denied in some circumstances: for example, when so required by law; where such information relates to legal proceedings against the client; where granting such access would have an unreasonable effect on other people's privacy; in order to protect Rose LLP's rights and property; and where the request is frivolous or vexatious.
If access to such information is denied by Rose LLP, the client will be given an explanation for such refusal.
Rose LLP will take reasonable measures to correct any errors relating to a client's Personal Information in the possession of the firm.
Where legal and practicable, it may be that general matters can be dealt with without providing a client's identity. However, for some purposes, such as money laundering and terrorism legislation, it is necessary to confirm the identity of all new clients, or to make reports to appropriate authorities.
To help Rose LLP make credit decision about clients, prevent fraud or money laundering, the firm may sometimes request information about the client from consumer reporting agencies.
Employment with Rose LLP
Applications to Rose LLP may entail consideration of Personal Information as part of the firm's review process. Such information is generally retained after a decision has been made, unless the perspective employee particularly asks that the information not be retained by the firm. If the employee does take up employment with Rose LLP, such information will be retained in accordance with privacy procedures for employment records.
E-mail is not a totally secure medium, and this must be taken into account when using e-mail to transmit personal or confidential information.
In the event an individual has questions about (a) access to Personal Information; (b) the collection, use, management or disclosure of Personal Information; or (c) this policy, that person should contact Rose LLP's Privacy Officer at:
810 – 333 – 5th Avenue SW
Calgary, ABT2P 3B6