Procido LLP is a national law firm with offices across Canada and is subject to privacy legislation in each of these jurisdictions in which we operate. Our obligations are governed in part by the Codes of Professional Conduct that apply to each of our professionals. These obligations apply to all lawyers in the provision of legal services to our clients. Thus, much of the personal information in our possession or that we collect is protected by solicitor-client privilege. We honour and respect our professional obligation to keep confidential the information we receive due to a solicitor-client relationship.
2. What Personal Information do we collect and hold?
“Personal Information” is information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual, or about an individual who is reasonably identifiable.
In the course of our relationship with you, we are likely to collect a wide range of Personal Information about you. The type of Personal Information that we may collect will depend on our relationship with you, and the circumstances of collection. In general, the Personal Information we collect about you may include (but is not limited to):
- your name;
- your date and place of birth;
- your phone number, facsimile number, residential address and email address;
- bank account details and credit/debit card details;
- any information or comments provided by you;
- any facts or opinions that are connected to an enquiry regarding your Personal Information that we are conducting on behalf of you or your organization;
- reference details of you or your organization related to the services we provide to you; and
a) Sensitive Information
We do not generally collect “sensitive information” (such as information about ethnic origin, religious or political views, health information, tax file numbers etc.) in respect of website users, suppliers, business associates, clients and potential clients.
- the sensitive information is necessary for us to provide agreed services on behalf of clients;
- we have the consent of the individuals to whom the sensitive information relates;
- the collection is necessary to lessen or prevent a serious threat to life, health or safety; or
- the information is required for another legal reason provided under applicable privacy or other legislation.
b) Personal Information of Employees and Contractors
In respect of current and potential employees, contractors and work experience persons, we may collect additional Personal Information including, but not limited to, personal resumes, third-party references, bank details, superannuation details, tax file numbers, certain health information, emergency contact details and other employee or contractor records. We may also conduct criminal checks on individuals who commence employment or have a contracting arrangement with us. The results of such checks are held on our employee or contractor files for the duration of the employment, engagement or service, and after such relationship ceases, as needed or required by law.
3. How do we collect your Personal Information?
We collect Personal Information directly from the individual concerned whenever reasonably practicable.
We sometimes collect Personal Information about you from a variety of other independent sources, including publicly available sources (including social media), recruitment agencies, contractors, service providers and business partners. Where information is not obtained directly from the individual concerned, we obtain Personal Information in accordance with legal requirements.
The circumstances in which we may collect your Personal Information include, without limitation:
- when you have a face-to-face meeting with our personnel;
- when you attend our or third-party presentations, conferences or events;
- when you use our website, including a request to receive a newsletter or other information from us;
- when you provide or offer to provide a product or service to us;
- when you obtain a product or service from us;
- when you communicate with us by e-mail, telephone, electronic messaging, or in writing;
- when you apply for employment or work experience with us or accept an offer of employment;
- when you enter into a contract with us;
- through share registries;
- where you have consented to third parties sharing it with us, including our suppliers and providers of services and other business associates; and
- from publicly available sources, including newspapers and social media platforms such as LinkedIn, Facebook and Twitter.
b) Providing third-party Personal Information to us
c) Remaining anonymous
You have the option of remaining anonymous when dealing with us in relation to a particular matter, or not disclosing Personal Information to us. However, this may affect the services provided, or mean that we will not be able to provide our services or respond to you in light of the nature of our business.
d) Information about users of our websites and cookies
Our internet service providers record certain statistical information about users of our websites and information technology infrastructure. This information is reviewed by us for statistical purposes and is not disclosed to third parties. We do not identify you or your browsing activities except, in the event of an investigation, where a law enforcement agency may exercise a warrant or other such power to inspect the internet service provider’s server logs.
4. How do we use your Personal Information?
The primary purposes for which we collect, use and exchange your Personal Information are to establish your identity and to provide you with the products and services you have requested.
We may state a more specific purpose at the point we collect your information. If you do not provide us with the information that we request, we may not be able to provide you with our products or services.
In certain circumstances, we may need to collect personal and sensitive information to comply with our legal obligations, such as anti-money laundering and counter-terrorism financing laws. If you do not provide us with the information we request, we will not be able to provide you with our products or services.
Our uses of Personal Information include but are not limited to:
- establishing your identity;
- use of legal precedents;
- billing and accounting services;
- internal, external and regulatory audit purposes;
- communicating with you, including by email, mail or telephone;
- managing our relationship with you;
- advising you in relation to intellectual property (“IP”), legal and related matters;
- filing, prosecuting and maintaining applications for statutory protection of IP including copyright, design, patent, trademark and domain name applications and registrations in Canada and overseas and engaging third parties to do so;
- conducting trademark opposition proceedings before the trademark office and regulators in Canada, and other jurisdictions;
- providing other professional services including advice with respect to litigation, dispute resolution services, appeals, commercial and regulatory legal advice, and IP watches and searches;
- providing you with updates, offers or proposals in relation to your matters and products and services that may be of interest to you;
- sending regular news alerts (and other correspondence) concerning developments in the legal and related fields that may be of interest to you;
- sending marketing and promotional material that we believe may interest you;
- for purposes necessary or incidental to the provision of goods and services to you;
- for any other purpose which we have your consent;
- for other reasons as permitted or required by applicable laws and regulations, including but not limited to comply with legal and regulatory requirements (such as, but not limited to: Anti-Money Laundering (AML) requirements);
- inviting you to events and functions;
- personalizing and customizing your experiences;
- managing and enhancing our products and services;
- investigating complaints made by you; and
- in the case of employees and contractors:
- to pay your wages, fees and employee & contractor entitlements;
- conduct criminal checks and confirm your immigration status and right to work; and
- to manage your relationship with us
We may also use your Personal Information for purposes required or authorized by applicable laws or regulations, such as to prevent or investigate alleged crime or fraud. We may also use your Personal Information if it is necessary to prevent or lessen a serious threat to public health or public safety or if the use of the information is necessary for law enforcement or for the conduct of proceedings before any court or tribunal.
b) Marketing and Consent
By supplying us with your Personal Information, you give us permission to disclose your Personal Information to employees of Procido and third parties that carry out functions (including marketing functions) on our behalf or assist us to deliver our services, such as our business associates, contractors, agents or service providers, so that we can assess your likely needs, and contact you from time to time.
We may contact you to inform you about laws and developments in a field of law and other products, services, events and resources we think would be of particular interest to you. The permission you provide to us is not limited in time. You can, however, elect to opt-out of receiving correspondence and other marketing materials from us by:
- by utilizing an ‘unsubscribe’ facility on a communication we send to you.
If you opt-out of receiving further communications from us, we will take steps to ensure you do not receive any such further information from us in future. Recipients of our news alerts and other correspondence may notify us at any time should they wish to discontinue receipt of emails and other communications from us.
5. Who do we share your Personal Information with?
Personal Information is disclosed and used by us to enable us to provide services to you and for the other purposes identified in section 4.
a) Employees of Procido
All disclosure of information by us within Procido is subject to compliance with all legal requirements, information sharing, and conflicts of interest policies.
b) Disclosure and use of your Personal Information to and by third parties
We may be required to disclose your Personal Information to certain third parties that may include:
- governmental offices;
- government and law enforcement agencies and regulators;
- your agents, professional advisors, auditors or insurers;
- our financial, taxation or legal advisors;
- entities that assist us to deliver our services, including our business associates, contractors or service providers, together with agents and associates in foreign countries when required;
- entities that assist or conduct mailouts on our behalf;
- debt collection companies;
- our clients (where information has been provided to us by someone other than our client);
- a purchaser or successor entity in connection with the sale of our business, a subsidiary of our business, or substantially all of its assets; and
- entities established to help identify illegal activities and prevent fraud.
As noted above, we may disclose your Personal Information to entities that assist us to deliver our services, such as our business associates, contractors, agents or service providers and, members of our structured teams. These third parties may change from time to time. Some examples include technology and internet service providers, data storage providers, digital mail providers who send communications on our behalf and their implementation partners. We may also use graphic designers, printers and posting services to assist us with design, printing and distribution of communications. Where it is necessary for Personal Information to be provided to a third party in connection with the provision of a service to us, we will take reasonable steps within our power to prevent the unauthorized use or unauthorized disclosure of the Personal Information.
In relation to our disclosure of Personal Information to third parties such as agents and associates in foreign countries, we will make such disclosures when we are instructed to do so by our clients in relation to their matters to provide our services, or as may be required by law. You agree that subject to any additional obligations under applicable laws, third parties who receive Personal Information from us may use and disclose the Personal Information subject to their respective privacy policies and laws applicable to them.
We do not disclose Personal Information to third parties for the purpose of third-party direct marketing.
c) Other permitted disclosures
We may also disclose your Personal Information under the following circumstances:
- when you have consented to such disclosure;
- when you would reasonably expect us to use or disclose your Personal Information in a certain way;
- when the disclosure is one of the purposes in connection with which the information was obtained or is directly related to the purposes in connection with which the information was obtained;
- when the source of the information is publicly available and, in the particular circumstances, it would not be unfair or unreasonable to disclose the information;
- when authorized or required to do so by a court or under applicable laws or regulations (for example, a subpoena), or where required by a government agency;
- where we consider a company or an individual may be engaged in fraudulent activity or other deceptive practices of which a governmental agency should be made aware;
- to appropriate persons, where your communication suggests possible harm to yourself or others; or
- when disclosure is reasonably necessary for a law enforcement related activity.
d) Cross-border disclosure of your Personal Information
We may disclose your Personal Information outside of Canada for various reasons, such as for the purposes of:
- obtaining legal or other IP professional services in foreign countries; or
- obtaining IP protection in foreign countries.
The types of foreign entities to which we may disclose your Personal Information include:
- our associates, agents or other legal or professional service provider firms in foreign countries;
- government bodies and other entities that administer IP in overseas jurisdictions; and
- our service providers located in foreign countries, which may include technology and internet service providers, data storage providers and digital mail providers who send communications on our behalf.
You agree and acknowledge that the foreign recipients of your Personal Information will be subject to the privacy laws of their local jurisdiction. These foreign privacy laws are likely to be different than Canada, the Personal Information Protection and Electronic Documents Act, the information privacy principles set out in that Act and applicable provincial privacy legislation, such that foreign recipients may not be required to protect your Personal Information in a way that provides comparable safeguards to those in your own jurisdiction and you may not be able to seek redress in the relevant overseas jurisdiction in relation to breaches of your privacy.
Please note that privacy laws in other jurisdictions may provide for a different level of protection in respect of Personal Information than that which is applicable in your jurisdiction. If you would like to receive more information about our policies and procedures in relation to the cross-border disclosure of your Personal Information or our use of service providers in other jurisdictions, please contact our Privacy Officer at the address given below.
6. Keeping your Personal Information safe
We make every effort to ensure Personal Information is kept secure and take reasonable steps to protect it from misuse, loss, interference, unauthorized access, modification or disclosure.
In terms of system security, here are some of the things we do to protect your Personal Information:
- we retain Personal Information in secure hard copies and electronic files;
- we use firewalls, standard software protection programs, password access protections and secure servers;
- we regularly review our security arrangements to ensure we are taking reasonable and technically feasible steps available at the time to protect your Personal Information; and
- we take reasonable steps to destroy, erase or permanently de-identify Personal Information as soon as practicable if it is no longer required by us (including being required for record keeping or legal purposes).
As you will appreciate, since no system is 100% secure or error-free, we cannot guarantee that your Personal Information is totally protected, for example, from hackers, interference or misappropriation. You acknowledge that the security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. You provide information to us via the internet or by post at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorized access to, your Personal Information where the security of information is not within our control.
If you suspect any misuse or loss of, or unauthorized access to, your Personal Information, please contact us immediately using the contact details set out in section 9.
In the event of a data breach involving a loss of, unauthorized access to or misuse of your Personal Information, we will report such breach to you and any relevant authority as required by law.
b) Third-party websites
7. Accessing, updating and correcting your Personal Information
We use reasonable endeavours to ensure that the Personal Information we collect, use and/or disclose is accurate, complete and up to date.
We request that you keep the information we hold about you as current as possible by advising us of any changes or inaccuracies to your Personal Information in the manner outlined below so that we may continue to improve our service to you.
a) Making a request to access, update or correct your Personal Information
We will respond to your request within 30 days from the date your request is received. We will inform you if this timeframe is not achievable and extend this timeframe as permitted by applicable law.
We may charge a fee to cover the costs of meeting your request if your request is unfounded or excessive.
Unless we are required or permitted by law to refuse to do so, we will, on request, provide you with details of the Personal Information we have collected about you or update, correct and amend your Personal Information in accordance with your request. Where we are also required by applicable law to provide further information about the use or disclosure of your Personal Information we will do so in compliance with that law.
If we do not agree to provide you with access to, or to amend or erase, your Personal Information as requested or otherwise meet your requests, we will notify you accordingly. Where appropriate, we will provide you with the reason(s) for our decision and the mechanisms available to complain about the refusal. If the rejection relates to a request to change your Personal Information, you may make a statement about the requested change and we will attach this to your record.
In some circumstances, and subject always to legal obligations to the contrary, we may not be in a position to grant access to your Personal Information or otherwise meet your requests with respect to your Personal Information, including when:
- your Personal Information is not retrievable;
- the request is frivolous or vexatious; or
- providing access or otherwise meeting your request:
- is reasonably likely to pose a serious threat to the safety of an individual or the public;
- is likely to impact unreasonably on the privacy of others;
- would reveal information which relates to existing or anticipated legal proceedings between you and us, which information would not be accessible by the process of discovery in those proceedings;
- would impact any negotiations between you and us;
- is unlawful (including being unlawful as directed by a court or tribunal order);
- is contrary to any rules, codes or other regulatory requirements with which we are required to comply;
- would likely impact on actions being taken in relation to alleged unlawful activities or misconduct relating to our functions and activities;
- would be likely to impact any enforcement related activities conducted by any enforcement bodies; or
- would reveal evaluative information in connection with a commercially sensitive decision-making process.
8. How do you make a privacy complaint?
If you have a problem or complaint, please let us know. We will respond to a complaint as soon as possible and within 10 working days to let you know who is responsible for managing your complaint. We will also try to resolve the complaint within 10 working days. When this is not possible, we will contact you within that time to let you know how long it will take to resolve the complaint.
If you believe that we have not adequately dealt with your complaint, you may complain to:
- the Office of the Privacy Commissioner of Canada (https://www.priv.gc.ca); or
- your local privacy authority.
9. Contact details
If you would like to update or correct your Personal Information, seek access to Personal Information we hold about you, or if you have any questions or complaints about how we collect, use, disclose, manage or store your Personal Information, you can contact us at:
Contact Person: Privacy Officer, Craig Zawada
Postal Address: 200-165 3rd Avenue South, Saskatoon, SK S7K 1L8 Canada
Telephone: +1 306 380 7106