Privacy Policy

Smuglers LLP recognizes the importance of privacy and the sensitivity of personal information. As a legal firm, 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, 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 Smugler. The Act gives you rights concerning the privacy of your personal information. Smugler is responsible for the personal information we collect and hold. To ensure this accountability, we have developed this policy.

Why Do We Need Personal Information? How Do We Collect It?

Personal information is any information that identifies you, or by which your identity could be deduced. If we did not collect and use your personal information we could not provide you with our services. 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, at the start of and in the course of performing our services on your behalf.

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, but in some circumstances, we may accept your oral consent. Sometimes, your consent may be implied through your conduct with us.

Use of Your Information

We use your personal information to provide advice and services to you and to administer our client databases. We do not disclose your personal information to any third party to enable them to market their products and services.

Disclosure of Your Personal Information

Under certain circumstances, we 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 services we are providing to you requires us 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 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 retain other law firms or professionals in other jurisdictions, on your behalf;
• if the information is already publicly known.

Updating Your Information

Since we use your personal information to provide services to you, it is important that the information be accurate and up-to-date. If during the course of our work, any of your information changes, please inform us so that we can make any necessary changes.

Is My Personal Information Secure?

We take all reasonable precautions to ensure that your personal information is kept safe from loss, unauthorized access, modification or disclosure.

Access to Your Personal Information

You may ask 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.

Correcting Errors

If we hold information about you and you can establish that it is not accurate, complete and up-to-date, we will take reasonable steps to correct it.

Can I Be Denied Access to My Personal Information?

Your rights to access your personal information are not absolute. We may deny access when:

• 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 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. We do not use your Social Insurance Number as a way of identifying or organizing the information we hold upon you.

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.

Communicating with Us

You should be aware that e-mail is not a 100% secure medium, and you should be aware of this when contacting us to send personal or confidential information.

Changes to this Privacy Policy

Since we regularly review all of our policies and procedures, we may change our Privacy Policy from time to time.

Requests for Access

If you have any questions, or wish to access your personal information, please write to our Privacy Contact, Jack Smugler. If you are not satisfied with our response, the Privacy Commissioner of Canada can be reached at 112 Kent Street, Ottawa Ontario, K1A 1H3 1.800.282.1376.

Web Site

Our website contains links to other sites, which are not governed by this privacy policy. On our website, like most other commercial websites, we may monitor traffic patterns, site usage and related site information in order to optimise our web service. We may provide aggregated information to third parties, but these statistics do not include any identifiable personal information.