AWaxmanLaw.ca Privacy Policy

AARON WAXMAN AND ASSOCIATES 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. We are committed to protecting any personal information we hold. This Privacy Policy outlines how we manage your personal information and safeguard your privacy.

Your privacy rights

From January 1, 2004, all businesses engaged in commercial activities must comply with the Personal Information Protection and Electronic Documents Act (PIPEDA), and the Canadian Standards Association Model Code for the Protection of Personal Information, which it incorporates. These obligations extend to both lawyers and law firms, including AARON WAXMAN AND ASSOCIATES. The Act gives you rights concerning the privacy of your personal information. AARON WAXMAN AND ASSOCIATES is responsible for the personal information we collect and hold. To ensure this accountability, we have developed this policy, and trained our lawyers and support staff about our policies and practices.

Why AARON WAXMAN AND ASSOCIATES needs personal information

AARON WAXMAN AND ASSOCIATES provides legal services and products to a wide range of clients. In doing so, we require personal information if we are to be able to provide legal services to our clients and to comply with requirements for collection of data as required by the Law Society of Upper Canada.

What personal information do we collect?

Personal information is any information that identifies you, or by which your identity could be deduced. We only collect the information that is required for your particular case.



An example of the information we collect is as follows: Name, address, phone number, email, Social Insurance Number, date of birth, health number and health information, names of treatment providers, service providers and financial data.

How do we collect your personal information?

We collect information only by lawful and fair means, and not in an unreasonably intrusive way. Wherever possible we collect your personal information directly from you, both at the start of a retainer and in the course of our representation.

Sometimes we may obtain information about you from other sources, for example:

• your doctor’s records;
• your insurance company’s file;
  from a government agency or registry;
• your employer (if we are reviewing their employment file);
• your accountant, or other service providers.

Consent

In most cases, we shall ask you to specifically consent, if we collect, use, or disclose your personal information. Normally, we ask for your consent in writing and it is part of the actual retainer that is signed at the time the firm is retained. We do not accept implied consent and require written consent at the time the retainer is executed.

Use of your information

We use your personal information to provide legal advice and services to you solely for the purpose of administering your case and protecting your rights.

AARON WAXMAN AND ASSOCIATES does not disclose your personal information to any third party to enable them to market their products and services unless you have specifically made a request for same. For example, we do not provide our client mailing lists to other law firms or financial institutions but we do use third party litigation funding companies when the client requests third party funding (also known as litigation funding).

Disclosure of your personal information

Under certain circumstances, AARON WAXMAN AND ASSOCIATES will disclose your personal information:

• 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 requires us give your information to third parties (for example you make an application for accident benefits) your consent will be implied, unless you tell us otherwise;
• 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 at your request, and on your behalf;
• if the information is Publicly Available Personal Information, as it is defined under the Personal Information Protection and Electronic Documents Act.

Is my personal information secure?

AARON WAXMAN AND ASSOCIATES takes all reasonable precautions to ensure that your personal information is kept safe from loss, unauthorized access, modification or disclosure.



Among the steps taken to protect your information are:

• premises security;
• restricted file access to personal information;
• computer software safeguards such as virus software and firewalls;
• secure offsite storage protection that is monitored;
• internal (in-house) computer password systems



Despite all efforts to ensure confidentiality, the law firm of AARON WAXMAN AND ASSOCIATES reminds all persons that there is no way to ensure that email, telephone, cellular phone, telefax and data transmission over phone lines or via the internet (via WiFi or hard wire transmission) are not intercepted. The lawyers at AARON WAXMAN AND ASSOCIATES try to ensure that the materials transmitted (over phone lines or via internet) are secure but cannot guarantee that the information could not be viewed/intercepted and/or used by third persons not part of a lawyer-client relationship.

Can you access your personal information

You may ask the lawyers at AARON WAXMAN AND ASSOCIATES for access to any personal information we hold about you. Summary information is available on request. More detailed requests which require archive or other retrieval costs may be subject to our normal professional and disbursement fees.

Can you be denied access of your personal information

Yes, you have a right to access your person information but this right is not an absolute right.



The right to access information may be denied when the following occurs:

• 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.



If we deny your request for access to, or refuse a request to correct information, we shall explain why.

Updating & correcting your personal information

As the lawyers at AARON WAXMAN AND ASSOCIATES use your confidential information to provide legal services to you, it is essential that you keep the firm informed of any changes to your personal private information. If during the course of the retainer, any of your information changes, please inform us so that we can make any necessary changes. Further, if you become aware of an inaccuracy in your personal information, it is essential that you advise the lawyers at AARON WAXMAN AND ASSOCIATES and they will do their utmost to correct the inaccuracy.

Updates to the privacy policy

AARON WAXMAN AND ASSOCIATES reserves the right to change its Privacy policy over time. Any changes in the handling of your date would be posted on our site. The Privacy Policy will be governed by the Laws of Canada and of The Province of Ontario.

Questions about the privacy policy or your data

Any and all questions relating to a matter involving privacy should be made in writing and directed to the Privacy Officer (Aaron Waxman) at:

1120 Finch Avenue West, Suite 500
Toronto, Ontario M3J 3H7

Or at awaxman@awaxmanlaw.ca

Employment inquiries and privacy

Personal Information obtained from a resume, cover letter, interview, internet, references, and other sources will be gathered, kept and used as part of the interview process and also utilized in order to select the appropriate candidate. If a position is offered, the information will be retained and kept as part of the employment file. If the offer is not made, the information may be destroyed.

Website of AARON WAXMAN AND ASSOCIATES

Our site contains links to other sites which are not governed by our privacy policy. We use the information obtained from our site to monitor internet traffic patterns, site usage and other information so as to ensure that our web service is at optimal performance. In the event that any third party information is provided there will be no identifiable personal information exchanged and/or transmitted.


Personal Information We Collect When You First Email Our Website (not yet establishing a lawyer-client relationship)

AARON WAXMAN AND ASSOCIATES may ask for your name, address, email address, and other personal information when you first contact us. This information is used to process your request/question and to allow us to contact you.