Since January 1, 2004, all organizations collecting, using or disclosing personal information in Canada in the course of commercial activities have been required to comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and any applicable “substantially similar” provincial legislation. These obligations extend to lawyers and law firms, including Nexera Law Group. In addition, as a professional services , we have professional and ethical obligations to keep confidential the information we receive in the context of a lawyer-client relationship.
Personal information is defined in PIPEDA as information that can identify you, or by which your identity could be deduced. If we did not collect and use your personal information, we would not be able to provide you with legal services.
Consent to Our Collection, Use and Disclosure of Personal Information
Collection of Personal Information
Generally we collect your personal information directly from you at the start of or during the course of your retainer with Nexera Law Group (Professional Corporation). We may also obtain personal information about you from other sources, such as:
- your insurance company;
- your financial institution;
- your real estate agent;
- your legal counsel in another jurisdiction, if we were retained through the other law firm;
- from a government agency or registry;
- your employer, if we are acting for you, at its request; or
- your accountant
Use of Personal Information
We use your personal information to provide legal advice and services to you, to issue invoices and to maintain our database of clients.
We may also use your personal information so that we may communicate with you about recent developments in the law, keep you aware of Nexera Law Group (Professional Corporation) news and invite you to our firm events.
Disclosure of Personal Information
Generally, we do not disclose your personal information to third parties without your consent unless permitted or required by applicable law. There are some situations in which we may disclose your personal information without your consent. For example:
- when we are required or authorized by law to do so, for example if a court issues a subpoena;
- where it is necessary to establish or collect fees;
In some cases, your consent will be implied. For example, when the legal services we are providing to you require us to give your information to a third party (such as to a lender in a real estate mortgage transaction in which we are representing you) we would rely on your implied consent to the disclosure. Lastly, from time to time we may transfer your personal information to the firm's service providers. Under PIPEDA, a transfer to a service provider is not considered to be a disclosure for which your consent is required; however, we will use contractual or other means to ensure that the third party service provider is bound by obligations regarding privacy that are consistent with this Policy and our obligations under PIPEDA. Examples of transfers to service providers would be situations in which we contract with third parties to provide us with services such as archival file storage or insurance. Other examples would include cases where we engage other service providers such as expert witnesses or law firms in other jurisdictions on your behalf. Service providers may be located in various countries, so please be aware that authorized officials of governments in those countries may be lawfully able to access your personal information without your knowledge or consent pursuant to the laws of such countries. To the extent that we are permitted to do so by applicable law, we will notify you if we are advised that this access has occurred.
Accuracy of Your Personal Information
It is important that the personal information that we have on file be accurate, complete and up-to-date. If, during the course of the retainer, any of your personal information changes, please inform us so that we can make any necessary changes. We may also ask you from time to time whether your personal information is up-to-date.
Nexera Law Group (Professional Corporation) uses various administrative and technological safeguards to ensure that your personal information is protected against loss, theft, misuse, unauthorized access, disclosure, copying or alteration. These include: security of our physical premises; our professional obligations; security software and firewalls to prevent unauthorized computer access or “hacking”; and internal passwords that restrict access to our electronic files.
Access to your Personal Information
You have a right to challenge the accuracy and completeness of your personal information and to have it amended, as appropriate. You also have a right to request access to your personal information and receive an accounting of how that information has been used and disclosed, subject to certain exceptions prescribed by law. For example, if the requested information would reveal personal information about another individual, your access may be limited or denied. If your request for access is denied, Nexera Law Group (Professional Corporation) will notify you in writing of the reason for the denial. Nexera does not use your social insurance number as a way of identifying or organizing the information we hold upon you.
Like most other organizations, we may monitor traffic patterns, site usage and related site information. We may provide aggregated information to third parties, but this does not include any personally identifiable information.