Bianchi Presta LLP (“Bianchi Presta”, “we”, “us” or “our”) has been providing a broad range of legal services to its clients since 1993.
Understanding 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 lawyers and law firms, including Bianchi Presta LLP. PIPEDA gives you rights concerning the privacy of your personal information.
How Bianchi Presta LLP Will Collect Your Personal Information
We collect information by lawful and fair means, and not in an unreasonably intrusive way. Wherever possible, we collect your personal information verbally or by written correspondence, directly from you, both at the start of a retainer and during the course of representation. However, we may also obtain information about you from other sources, including, but not limited to:
- Your accountant;
- Your insurance company;
- Your real estate agent in a property transaction;
- From a government agency or registry.
What Personal Information will Bianchi Presta LLP Collect
Personal information is any information that identifies you, or by which your identity could be deduced. In general, personal information does not include business contact information, such as your name, title or position, telephone or facsimile number, or business address.
Personal information that we collect includes, but is not limited to, the following:
- Your name, home address, and telephone numbers;
- Your e-mail address;
- Your date of birth;
- Your credit card information; and
- Your financial institution.
In most cases, we will ask you to specifically consent to the collection, use, or disclosure your personal information. Normally, we will request for your consent in writing. However, in some circumstances, we may accept your oral consent, or your consent may be implied through your conduct with us.
You have the right to revoke your consent at any time. However, your revocation may result in our inability to provide services to you.
Using Your Personal Information
Bianchi Presta LLP collects uses and discloses personal information for the primary purpose of providing you with legal services and representation, along with the following purposes:
- To establish and maintain client relationships, perform legal services, fulfill legal duties and to avoid conflicts of interest;
- To share information with third parties for the purpose of providing legal services in the context of proceedings, including, but not limited to: litigation, arbitration, mediation or any other proceedings. Third parties may include opposing parties, parties in interest, opposing counsel and advisors, witnesses, adjudicators, arbitrators, other decision makers and experts;
- To maintain and manage our documentary, time and billing databases;
- To establish and maintain commercial relationships with clients, suppliers and other third-parties for the purpose of issuing invoices, managing accounts, collecting and processing payments, evaluating credit standing, and to fulfill contractual obligations;
- To distribute information regarding our services and to include clients in marketing activities;
- To represent clients in the context of business matters involving the exchange or disclosure of personal information; and
- As permitted by, and to comply with all applicable legal regulatory requirements or provisions.
Disclosing Your Personal Information
Under certain circumstances, Bianchi Presta LLP will need to disclose your personal information:
- When we are required or authorized by law to do so;
- When you have consented to the disclosure;
- When the legal services we are providing to you require us to give your information to third parties your consent will be implied, unless you tell us otherwise;
- Where it is necessary to establish or collect fees;
- If we retain other professionals, agents or contractors such as accountants, engineers, process servers, title searchers, etc., to assist us in acting on your behalf;
- If we engage expert witnesses on your behalf;
- If we retain other law firms at your request, and on your behalf; and
- If the information is already publicly known.
When obliged or permitted to disclose your information, Bianchi Presta LLP will not disclose more than is required.
Updating Your Information
Since we use your personal information to provide legal services to you, it is important that the information be accurate and up-to-date.
If during the retainer any of your information changes, please inform us so that we may make the necessary revisions.
Is my Personal Information Secure?
Bianchi Presta LLP takes all reasonable precautions to ensure that your personal information is kept safe from loss, unauthorized access, modification or disclosure. We undertake to protect your information by:
- Securing our premises;
- Restricting file access to personal information;
- Utilizing technological safeguards such as security software and firewalls to prevent hacking or unauthorized computer access;
- Utilizing internal passwords and security policies.
Access to Your Personal Information
You may ask for access to any personal information we have concerning 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.
If Bianchi Presta LLP holds information about you and you can establish that it is not accurate, complete and up-to-date, we will take all reasonable steps to correct it in a timely manner.
Can I be Denied access to my Personal Information?
In most cases, you will have access to the personal information we store about you. However, there may be circumstances where your rights to access your personal information is denied. We may deny access where:
- The information related to existing or anticipated legal proceedings against you;
- When granting you access would reveal confidential commercial information, and the personal information cannot be severed from the record;
- When to do so would prejudice negotiations with you;
- When doing so would reasonably be expected to threaten the life or security of another individual, and the personal information cannot be severed from the record;
- To protect our firm’s rights and property;
- 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.
Can I Request Anonymity?
Whenever it is legal and practicable, we may offer the opportunity to deal with general inquiries without providing your name (for example, by accessing general information on our website).
The Proceeds of Crime (Money Laundering) and Terrorist Financing Act requires us to confirm the identity of all new clients. It may also require us to disclose information to FINTRAC in relation to certain large cash transactions.
To help us make credit decisions about clients, prevent fraud, check the identity of new clients and prevent money-laundering, we may on occasion, request information about you from the files of consumer agencies.
Communicating with Us
You should be aware that e-mail and fax are not a 100% secure medium, and you should be aware of this when contacting us to send personal or confidential information. .
Requests for Access
If you have any questions, or wish to access your personal information, please write to our Privacy Contact at:
Bianchi Presta LLP
Barristers & Solicitors
9100 Jane Street
Building A, 3rd Floor
Vaughan, ON, Canada
Tel: (905) 738-1078
Should you apply to Bianchi Presta LLP for a job, we would need to consider your personal information as part of our review process. We normally retain information from candidates after a decision has been made, unless you ask us not to retain the information. If we offer you a job, which you accept, the information will be retained in accordance with our privacy procedures for employee records.
On our website, like most other commercial websites, we may monitor traffic patterns, site usage and related site information in order to optimize our web service. We may provide aggregated information to third parties, but these statistics do not include any identifiable personal information.
Last Updated: November 13th, 2017
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How to Opt-Out of Google Analytics
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