Privacy Notice

Effective: January 1, 2004
Last modified: Nov 14, 2023 (see changelog at bottom).

This Notice explains how Siskinds LLP and our affiliates, including our Québec office, Siskinds, Desmeules s.e.n.c.r.l., (“we”, “us”, or “our”) collect, use, retain, share and delete (collectively, “process”) your Personal Information, which is broadly defined to include any information about an identifiable individual.

Please read through this Notice carefully so that you may decide to consent, refuse to consent, or later withdraw or vary your consent to the processing of your Personal Information. However, if you choose not to consent or you later withdraw or vary your consent, we may not be able to provide you or continue providing you certain services or responses.

To make any request, please contact our Chief Privacy Officer or our European Economic Area or United Kingdom Representatives. The contact information of our Chief Privacy Officer and our Representatives is detailed in the “Contact Information” section located at the bottom of this Notice.

Table of contents:

1. Executive Summary

You have a right to be informed of our privacy practices, to access your Personal Information, to correct your Personal Information, to withdraw or vary your consent, and the right to file a complaint with the Privacy Commissioner of Canada.

We generally only collect Personal Information directly from you that is related to the legal services you have requested. We may collect Personal Information about you from others who have (a) referred your contact information to us; or (b) run a background search on you. We may also request records about you from third parties with your consent (e.g., medical records related to your personal injury case). Excluding information we automatically collect from your use of our websites and social media, we generally only use your Personal Information for the legal services you request and for marketing purposes you have agreed to.

We do not sell your Personal Information to others. We will disclose your Personal Information with our third-party Service Providers who are performing services on behalf of us and to unrelated, independent third parties who are also providing you services connected with your requested legal services.

Lastly, we retain and protect your Personal Information in accordance with industry standards.

If you have any questions, please contact our Chief Privacy Officer at [email protected] (CPO), [email protected] (EEA Representative), or [email protected] (UK Representative).

2. Collection and Use of Personal Information

We collect Personal Information from you in three general ways: directly from you, indirectly from others, or automatically though our websites and affiliated social media.

(a) Direct Collection and Use

We collect Personal Information directly from you for the following reasons and we use it the ways described below:

Contacting us as a Prospective Client

Retention as a Client or Class Member

General

(b) Indirect Collection and Use

We may collect Personal Information about you from others for the following reasons, and we use such Personal Information in the ways described below:

(c) Automatic Collection and Use

Using cookies and other tracking software, we automatically collect certain Personal Information from you when you access our Site or interact with us using social media. For example, we may collect:

Cookies

Cookies are pieces of information that are transferred from websites to your computer’s local storage, and they may serve a variety of purposes.

How to disable or delete cookies

If you want to prevent your browser from accepting cookies, if you want to be informed whenever a cookie is stored on your computer or if you want to delete cookies from your computer, please make the necessary changes in your Internet browser settings. Please note that if you disable or delete cookies in your Internet browser settings, you might not be able to access important functions or features.

Below is a brief description of the different types of cookies we use, how we use those cookies and the potential impact to your experience if they are disabled:

Essential Cookies

The cookies listed below are essential to enable you to use the Site and its features. You cannot disable these cookies.

Performance / Analytics

The cookies listed below collect information about how you use our Site. All information collected through these cookies is aggregated and anonymous. You may disable these cookies, and if you do, there will be no impact on you.

Advertising

Used to serve you advertisements that may be relevant to you and your interests. Ads will still be displayed but may be more random.

(d) Do Not Track Requests

Our Site does not respond to Do Not Track (DNT) signals. However, due to our use of third-party social media plugins, those third-party social media companies may track you depending on whether you click on them or are signed in on the respective social media platform. We are not responsible for those third parties and therefore cannot inform you whether they respond to such signals.

3. Our Sharing of Personal Information

We do not sell Personal Information, and we will not share your Personal Information, except to (a) third parties retained by us to help us provide you services (i.e., our service providers); and (b) other independent third parties.

(a) to our Service Providers (aka Subprocessors)

We may, depending on the nature of your interaction with us, share your Personal Information with our service providers who are performing clearly defined functions on our behalf including:

• Class Actions Claims Administrators, which distribute funds to class members;
• Corporate Management or Due Diligence Search service providers;
• Debt-Collection service providers;
• Document Delivery (e.g., process server, mail, courier) service providers;
• Electronic Telephone and Faxing service providers;
• Electronic Signature providers;
• Encrypted File Storage service providers;
• Profilers / Background Check service providers;
• IT Managed Service and Cybersecurity service providers;
• Legal Research and Citation service providers;
• Payment Processing service providers;
• Translation service providers; and
• other service providers as required.

If you have any questions regarding our service providers, please do not hesitate to ask us.

(b) to Third Parties

We may share your Personal Information in the following situations:

• to experts, financial institutions, and other professionals who are working with us (or against us, if required by law) on a case or transaction, including, but not limited to, lawyers or other professionals in other jurisdictions;
• to government entities (including but not limited to courts) for performing legal services, such as filing documentation with your consent that include your Personal Information;
• where we are required by law to disclose Personal Information; in connection with any legal proceedings or prospective legal proceedings;
• to our own advisors and insurers where the processing of your Personal Information is necessary for the provision of their services to us (including, but not limited to, defending ourselves from administrative, civil, or criminal proceedings brought by you);
• where you have provided incorrect Personal Information for fraudulent purposes;
• to the purchaser (or prospective purchaser) of any business or asset which we are (or are contemplating) selling. We will require any person or entity to whom we provide your Personal Information to agree to comply with our then current Notice. We will take reasonable commercial efforts to ensure that they comply with our Notice; and,
• in the event of our bankruptcy.

We may also share your Personal Information with one or more of our respective affiliated businesses who are under our control. However, all of our affiliated businesses that receive your Personal Information will comply with the terms of this Notice and all applicable privacy laws.

4. Our Retention of Personal Information

We do not hold onto your data forever. Your Personal Information will be retained in accordance with our internal Retention Policy, which categorizes all of the information held by us, and specifies the appropriate retention period for each category of information.

Those periods are determined by the following factors:

• the purpose for which it was collected or otherwise processed;
• compliance with legal obligations (such as retention obligations under employment, tax, privacy, or commercial laws) and our professional retention obligations under the applicable Law Society; or
• until you consent to its deletion, if applicable.

Generally speaking, we use the following retention rules:

5. Our Protection of Personal Information

(a) Electronic Safeguards

To protect Personal Information that is retained on our computer network, we use firewall, virus protection, and other technological safeguards. We have implemented safe internet use protocols and safe email use protocols to reduce the risk of data security breaches.

Please note that, with respect to email and other electronic communications, there is no method of transmitting or storing data that is completely secure. We are not responsible for damages resulting from data security breaches in relation to emails and other electronic communications.

(b) Physical Safeguards

Although we make great effort to ensuring your Personal Information is encrypted over a digital medium, we also sometimes use physical copies of your Personal Information. In such cases, we store your Personal Information in areas of our office restricted by electronic key access.

Physical copies of client or class member documents that are deemed highly sensitive are stored in locked vaults or in locked cabinets to which only members of our team with the highest security clearance will have access. Of course, where a file is active, lawyers may remove associated client or class member documents from storage to review the file, including taking the associated documents to their home. In doing so, the lawyers will take all available precautions. We also take appropriate measures to protect any physical copies of documents containing Personal Information that are not client or class member documents.

6. National and International Data Transfers

We are proudly Canadian and are established in Ontario and Québec.

We store and process your Personal Information predominantly in London, Ontario, but we also may process your Personal Information in our other offices located in Toronto and Sarnia, Ontario; Québec City, Québec; and Vancouver, British Columbia. However, depending on the service you request or the third party we retain, we may also transfer your Personal Information to the United States or other jurisdictions in order to properly address your request. Examples of such transfers include, but are not limited to, the retention of foreign counsel and the hiring of third-party vendors based in other jurisdictions.

If we transfer Québec Personal Information outside of Québec, we will only conduct such transfer in compliance with Québec law, which may include (i) evaluating whether the recipient is in a jurisdiction deemed adequate by Québec; or (ii) performing a privacy impact assessment and entering into a protective data protection agreement that includes all relevant and applicable provisions that take into account the assessment’s findings.

If the European Union General Data Protection Regulation, United Kingdom Data Protection Act, or Swiss Data Protection Act applies to the Personal Information, and we are transferring such Personal Information outside of Canada, we will only do so if: (i) the recipient is in a jurisdiction deemed adequate; (ii) we have entered into a protective data protection agreement that includes all relevant and applicable provisions (including, if applicable, the standard contractual clauses) or (iii) the recipient has properly implemented Binding Corporate Rules.

7. Your Privacy Rights

You have the following rights with respect to the Personal Information that we collect, use, or share:

• Right to be Informed
  The right to be informed about the collection and use of your Personal Information.
• Right to Access
  The right to be provided with a copy of your Personal Information held by us.
• Right to Correct
  The right to ask us to correct your Personal Information if it’s inaccurate or incomplete.
• Right to Withdraw or Vary Consent
  The right to withdraw or vary your consent at any time, subject to legal or contractual restrictions and reasonable notice.
• Right to File a Complaint with the Privacy Commissioner of Canada
  The right to complain about the breach of your rights.

To exercise your rights or to determine what rights you may have, you or your authorized agent may reach out to us using our contact information at the end of this Notice.

If you’re not satisfied with our response, you may complain to Privacy Commissioner of Canada. If for whatever reason you’re unsure of how to contact the Privacy Commissioner, let us know, and we’ll endeavor to help you.

8. Your Right to Request Access or Correction or to Withdraw Consent

Depending on your request and the method of contact, we may ask you or your authorized agent for Personal Information that we consider necessary to verify your identity to prevent fraud. This information may include name and any information related to your relationship with us, but the specific information requested may differ depending on the circumstances of your request.

It may take up to 30 days to fulfill your request.

(a) Your Right to Access

This Notice has been provided to you to explain our privacy practices.

You also have a right to know and access what Personal Information we process about you. If you request, the disclosure of information will be provided at a no cost to you. We reserve the right to decline your request where the information requested:

• would disclose Personal Information of another individual or of a deceased individual;
• is subject to legal privilege;
• not readily retrievable and the burden or cost of providing would be disproportionate to the nature or value of the information;
• does not exist, is not held, or cannot be found by us, could reasonably result in serious emotional harm to the individual or another individual, or serious bodily harm to another individual; or,
• may harm or interfere with law enforcement activities and other investigative or regulatory functions of a body authorized by statute to perform such functions.

In addition, we reserve the right to decline your request if the request is manifestly unfounded or excessive, and we quote you a reasonable fee for responding to your request, but you refuse to pay that fee.

Lastly, we also will not disclose the Personal Information where applicable law would bar such disclosure.

(b) Your Right to Correct your Personal Information

We make reasonable efforts to ensure that any Personal Information we process is accurate and complete. If you demonstrate to us that your Personal Information is inaccurate or incomplete, we will amend our records accordingly.

(c) Your Right to Withdraw Consent

Where you have provided your consent to the processing of your Personal Information, you may have the legal right to withdraw your consent under certain circumstances.

To withdraw your consent, if applicable, please contact us. Please note that if you withdraw your consent, we may not be able to provide you with a particular service. We will explain the impact to you at the time to help you with your decision.

Please note that despite your withdrawal, we may continue to process your Personal Information (i) to the extent that we are contractually obligated to do so, (ii) to the extent necessary to enforce any contractual obligations you may have with us, and (iii) for any other legitimate purpose (including fraud prevention) permitted by applicable law.

(d) Your Right to File a Complaint

If you’re not satisfied with our response, you may complain to the Privacy Commissioner of Canada or the applicable government authority. If for whatever reason you’re unsure of how to contact the Privacy Commissioner, let us know, and we’ll endeavor to help you.

9. Region-Specific Privacy Rights

(a) Act Respecting the Protection of Personal Information in the Private Sector (the “Québec Act”)

In order to comply with Québec law for our Québec visitors, in addition to the common rights granted to all visitors of the Website who provide us with Personal Information, the Québec Act provides the following additional rights to individuals in Québec:

• Right to cease dissemination or de-indexation: You have the right to ask us to de-index or cease disseminating your Personal Information, as permitted by law.
  
• Right to restriction of processing: You have the right to request the limiting of our processing under limited circumstances.
  
• Right to data portability: Where technically feasible, you have the right to receive the Personal Information that you have provided to us, in a structured, commonly used technological format, and you have the right to transmit that information to another person or body authorized by law to collect that information.
  
• Right to be informed of a decision based solely on automated processing, and to (A) request certain information about that decision; and (B) request to submit observations: If we use automated processing to make decisions about you, you may request (1) the personal information used to render the decision; (2) the reasons and the principal factors and parameters that led to the decision; and (3) the correction of the personal information used to render the decision.
  
  If applicable, you may also ask for the opportunity to submit observations to a member of our staff who is in a position to review the decision.
  
• Right to lodge a complaint with the Commission d’accès à l’information du Québec: : We encourage you to contact us directly and allow us to work with you to address your concerns. Nevertheless, you have the right to lodge a complaint with your commissioner. You have the right to do so if you consider that the processing of Personal Information relating to you infringes Québec privacy law.

(b) General Data Protection Regulation (European Union and the European Economic Area)

In order to comply with the requirements of the European General Data Protection Regulation (GDPR) for our European visitors, this Notice outlines the legal basis on which we process your Personal Information and provides other information required by the GDPR.

We rely on the following legal bases to process your Personal Information: (i) you have provided your consent to the processing of your Personal Information; (ii) processing is necessary for the performance of our contract with you; (iii) processing is necessary for compliance with our legal obligations; and (iv) processing is necessary for the purposes of our legitimate interests, except where such interests are overridden by your interests or fundamental rights and freedoms.

In addition to the common rights granted to all visitors of the Website who provide us with Personal Information, the GDPR provides the following additional rights to individuals in the European Economic Area:

• Right to erasure (Art. 17 GDPR): You have the right to ask us to delete your Personal Information, as permitted by law.
  
• Right to restriction of processing (Art. 18 GDPR): You have the right to request the limiting of our processing under limited circumstances.
  
• Right to data portability (Art. 20 GDPR): Where technically feasible, you have the right to receive the Personal Information that you have provided to us, in a structured, commonly used and machine-readable format, and you have the right to transmit that information to another controller, including to have it transmitted directly.
  
• Right to object (Art. 21 GDPR): You have the right to object to our processing of your Personal Information, as permitted by law.
  
• Right not to be subject to a decision based solely on automated processing (Art. 22 GDPR): You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning or significantly affecting you, as permitted by law.
  
• Right to lodge a complaint before the Data Protection Authority (Art.77 GDPR): We encourage you to contact us directly and allow us to work with you to address your concerns. Nevertheless, you have the right to lodge a complaint with a competent data protection supervisory authority, in particular in the EU Member State where you reside, work or the place of the alleged infringement. You have the right to do so if you consider that the processing of Personal Information relating to you infringes applicable data protection laws.

10. We may Change this Notice

We may review and change our Notice from time to time. When a substantive change is made, we will notify you through a pop-up on the Site. Otherwise, please check this Notice for time to time. If you have any questions about any changes, please contact our Chief Privacy Officer.

11. Contact Information of our Chief Privacy Officer and GDPR Representative

If you have any questions, concerns, or a complaint related to the processing of your Personal Information by us, you may submit your question, concern, or complaint in writing to our Chief Privacy Officer at,

Attn: Chief Privacy Officer
Siskinds LLP
275 Dundas Street
Unit 1, P.O. Box 2520
London ON, Canada N6B 3L1.

[email protected]

If you are an individual in the European Economic Area, you may also submit such request in writing to our Representative at,

Rickert Rechtsanwaltsgesellschaft mbH
Siskinds LLP
Colmantstraße 15
53115 Bonn
Germany.

[email protected]

If you are an individual in the United Kingdom, you may also submit such request in writing to our Representative at,

Rickert Services Ltd UK
Siskinds LLP
PO Box 1487
Peterborough, PE1 9XX
United Kingdom

[email protected]

12. Changelog

Review the PDF version of this page.