Privacy Policy
Swadron Associates is committed to protect the privacy of its clients and their personal information. Swadron Associates maintains personal information in conformity with the requirements of the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the 10 Principles outlined in Schedule 1 of PIPEDA.
Principle 1: Accountability
1. Swadron Associates has designated a Privacy Officer to ensure all employees comply with the 10 Principles.
a. The identity of the Privacy Officer shall be made known upon request of anyone.
2. The Privacy Officer shall attend to all complaints and inquiries in a prompt and efficient manner.
a. Due to the diversity of Swadron Associates’ client base, the Privacy Officer will resolve and address each complaint and inquiry on a case-by-case basis.
3. All lawyers and staff at Swadron Associates shall read this Privacy Policy and Schedule 1 of PIPEDA.
4. The Privacy Officer shall explain this Privacy Policy to all lawyers and staff.
Principle 2: Identifying Purpose
1. Swadron Associates collects clients’ and other individuals’ personal information for the purpose of legal proceedings such as, but not limited to, hearings, mediations, arbitrations, negotiations and trials.
2. Swadron Associates shall inform the individuals either orally or in writing the purpose for which personal information is collected at or before the time the information is collected.
Principle 3: Consent
1. Swadron Associates will make reasonable efforts to obtain the meaningful consent of an individual to collect, use or disclose that individual’s personal information.
2. The exceptions in obtaining consent are as follows:
a. Swadron Associates may collect individuals’ personal information without the knowledge or consent of the individual only if:
i. the collection is clearly in the interests of the individual and consent cannot be obtained in a timely way;
ii. is reasonable to expect that the collection with the knowledge or consent of the individual would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province; or
iii. the information is publicly available.
b. Swadron Associates may, while maintaining solicitor-client privilege, use individuals’ personal information without the knowledge or consent of the individual only if:
i. in the course of its activities, Swadron Associates becomes aware of information that it has reasonable grounds to believe could be useful in the investigation of a contravention of the laws of Canada, a province or a foreign jurisdiction that has been, is being or is about to be committed, and the information is used for the purpose of investigating that contravention;
ii. is used for the purpose of acting in respect of an emergency that threatens the life, health or security of an individual;
iii. information is publicly available; or
iv. is collected under paragraph 2(a)(i) or (ii).
c. Swadron Associates may, while maintaining solicitor-client privilege, disclose individuals’ personal information without the knowledge or consent of the individual only if:
i. to conform to obligations imposed by law or statute;
ii. made to a person who needs the information because of an emergency that threatens the life, health or security of an individual;
iii. as required pursuant to a criminal investigation;
iv. made the earlier of
1. one hundred years after the record containing the information was created, and
2. twenty years after the death of the individual whom the individual is about or
v. the information is publicly available.
Principle 4: Limiting Collection
1. Swadron Associates restricts the collection of personal information only to that information that is necessary for the limited purposes noted above. Swadron Associates is committed to collecting personal information in a fair, open and lawful manner. For this reason, it does not indiscriminately collect personal information.
Principle 5: Limiting Use, Disclosure, and Retention
1. Swadron Associates does not use personal information for purposes other than those for which it was originally collected, unless it has first obtained the consent or implied consent of the person from whom such information was received. Swadron Associates retains personal information only for as long as it is needed for the fulfillment of the purposes for which it was originally collected and any obligation to account for billing, professional conduct or liability purposes.
Principle 6: Accuracy
1. Swadron Associates is committed to maintaining accurate, complete and up-to-date personal information. If an individual is aware of changes to the personal information they have given to us, they may simply inform Swadron Associates of the changes and it will update its records accordingly.
Principle 7: Safeguards
1. Swadron Associates has developed and implemented security safeguards appropriate to the sensitivity of the personal information it keeps. These security safeguards include:
a. physical security system restricting firm access only to firm employees;
b. storage of files only on the firm premises in a restricted area accessible only to firm employees; and
c. employee confidentiality agreements.
Principle 8: Openness
1. This Privacy Policy is available to anyone upon request. Requests are to be directed to the Privacy Officer.
Principle 9: Individual Access
1. Subject to solicitor-client or litigation privilege an individual may request access to his or her personal information held by Swadron Associates.
2. In responding to the request, Swadron Associates may charge a reasonable fee.
3. Upon request, Swadron Associates will inform the individual the details of his or her personal information.
4. Swadron Associates is committed to ensuring that the personal information that it collects and maintains is correct, accurate and complete.
5. An individual can challenge the completeness of his or her personal information under Swadron Associates care and control.
6. Where the individual can successfully demonstrate that an error in the accuracy or completeness of his or her personal information exists, we will amend his or her personal information appropriately.
7. If Swadron Associates is unable to provide the individual access to all of the personal information it holds about the individual, then the reasons for the denial of access will be provided.
8. Swadron Associates may choose to make sensitive medical information available through a medical practitioner.
Principle 10: Challenging Compliance
1. The Privacy Officer shall investigate all complaints in a timely manner. If any complaint is found to be justified, then Swadron Associates will take appropriate measures to resolve the matter to the satisfaction of the complainant.