What Personal Information do We Collect?
Canadian privacy legislation defines "Personal Information" broadly as information about an identifiable individual or as information that allows an individual to be identified. For the purposes of this policy, Personal Information means information about an identifiable individual as defined from time to time in applicable privacy legislation. Generally speaking Personal Information does not include what is considered business contact information: your name, title or position, business address, telephone number, facsimile number or e-mail address. The types of Personal Information that McCarthy Tétrault may collect about you includes your name, home address, telephone number, personal e-mail address, billing and account information, information about a client's legal issue and other information incidental to providing legal advice and services (including Personal Information about witnesses, family members, beneficiaries, directors, officers, employees, adverse parties, parties-in-interest, investigators, decision-makers, experts, other professional advisors and our clients' business partners, investors, shareholders, competitors and customers whom are individuals).
We also collect from former employers and other third parties, and from publicly available sources, personal information about prospective or current employees, contractors and partners that is reasonably required to establish, manage or terminate an employment, contractual or partnership relationship.
Why do We Collect Your Personal Information?
In general, McCarthy Tétrault collects, uses and discloses Personal Information about our clients and service providers in order to provide our clients with professional legal services, and about applicants for positions with McCarthy Tétrault for the purpose of evaluating the application and deciding whether to establish (and subsequently to manage or terminate) an employment, contractual or partnership relationship. More specifically, we collect, use and disclose your Personal Information for the following purposes:
- to establish and manage client relationships, provide legal advice, perform legal services, fulfill legal duties, and avoid conflicts of interest. This may include the sharing of Personal Information by and between McCarthy Tétrault personnel and affiliated companies and partnerships for such purposes;
- to share Personal Information to and from third parties for the purpose of providing legal services. Such third parties may include opposing parties; parties in interest; opposing, foreign and other counsel and advisors; witnesses; decision-makers; and experts;
- to consider whether McCarthy Tétrault should establish a commercial relationship with clients, suppliers and other third parties, including to evaluate credit standing and to match credit bureau or credit reporting agency information;
- to establish and maintain commercial relationships with clients, suppliers and other third parties, including to issue invoices, administer accounts, collect and process payments, and to fulfill contractual obligations;
- to establish, manage and terminate employment, contractual and partnership relationships; .
- to understand and respond to client, supplier and other third party needs and preferences, including to contact and communicate with such parties and to conduct surveys, research and evaluations;
- to develop, enhance, market, sell or otherwise provide McCarthy Tétrault's products and services;
- to market, sell or otherwise provide products and services of third parties with whom McCarthy Tétrault has a commercial relationship;
- to distribute our Legal Update newsletters and other informational e-mail communications, conference information and other material to individuals on our mail and e-mail lists, including via third party mailing houses and e-mail service providers;
- to develop and manage our knowledge-management precedent systems and databases;
- to develop and manage McCarthy Tétrault's business and operations;
- to detect and protect McCarthy Tétrault and other third parties against error, negligence, breach of contract, fraud, theft and other illegal activity, and to audit compliance with McCarthy Tétrault policies and contractual obligations;
- to engage in business transactions, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving McCarthy Tétrault;
- as permitted by, and to comply with, any legal or regulatory requirements or provisions; and
- for any other purpose to which you consent.
To Whom do We Disclose Your Personal Information?
From time to time, McCarthy Tétrault may disclose your Personal Information to:
- service providers, including an organization or individual retained by McCarthy Tétrault to perform functions on its behalf, such as marketing, data processing, document management and office services;
- an organization or individual retained by McCarthy Tétrault to evaluate your creditworthiness or to collect debts outstanding on an account;
- a financial institution, on a confidential basis and solely in connection with the assignment of a right to receive payment, the provision of security or other financing arrangements; or
- a person who, in the reasonable judgment of McCarthy Tétrault, is providing or seeking the information as your agent;
- to our insurers and to regulatory agencies such as provincial law societies, insurers or others in connection with regulatory or other activities relating to the obligations of McCarthy Tétrault and its practice of the profession of law;
- to personnel in McCarthy Tétrault, government authorities, insurers, benefits providers, consultants or agents as reasonably required to establish, manage or terminate employment, contractual and partnership relationships; and
- any third party or parties, where you consent to such disclosure or where disclosure is required or permitted by law.
Where do We Store Your Personal Information?
Your Personal Information is stored in secured locations and on servers controlled by McCarthy Tétrault, located either at our offices or at the offices of our service providers.
How May You Obtain Access to Your Personal Information?
Upon your written request, subject to certain exceptions, McCarthy Tétrault will inform you of the existence, use and disclosure of your Personal Information and will give you access to that information. Access requests should be sent to our Chief Privacy Officer, using the contact information below. Your personal information may be shared, stored or accessed in Canada, the United States, the United Kingdom, the European Economic Area and other jurisdictions or countries. Your information may be disclosed in response to valid demands or requests from governments, regulators, courts and law enforcement authorities in those jurisdictions or countries.
How do We Protect Your Personal Information?
To help protect the confidentiality of your Personal Information, McCarthy Tétrault employs administrative and technological safeguards appropriate to the sensitivity of your Personal Information. Where Personal Information is sent to a third party for processing we ensure, through our contacts with them, that all Personal Information is kept secure. We operate secure data networks protected by industry standard firewall and password protection systems.
Privacy and Our Website
Online Communications – In order to provide our website visitors with a service or information, visitors may voluntarily submit Personal Information to us for purposes such as asking a question, obtaining information, reviewing or downloading a publication, subscribing to a Legal Update newsletter or a mail or e-mail list, participating in a seminar or other event, and participating in contests and surveys. If you are known to McCarthy Tétrault as a registered user of an online service, we may combine and store Personal Information about your use of our website and the online information you have provided with certain other online and offline information we may have collected.
E-mail Communications – Occasionally, we may send marketing or promotional e-mail communications to you with information that may be useful, including information about the services of McCarthy Tétrault and other third parties with whom we have a relationship. In this process, we may collect certain information such as the date/time you first opened our e-mail communications, the number of times you open our e-mail communications, the number of click-throughs per article, total click-through activity on the contents of our e-mail communications and compile generally the related statistics. We may combine and store any such information to manage and improve our e-mail communications to you. We will include instructions on how to unsubscribe and inform us of preferences if you decide you do not want to receive any future marketing or promotional e-mails from McCarthy Tétrault.
Links – Our website may contain links to other websites which are provided as a convenience only. Visitors are advised that other third party websites may have different privacy policies and practices than McCarthy Tétrault, and McCarthy Tétrault has no responsibility for such third party websites.
Suite 5300, TD Bank Tower
66 Wellington Street West
Toronto ON M5K 1E6