Kirwin Partners LLP is committed to protection of the privacy and confidentiality of your personal information. Our Privacy Policy complies with the requirements of the Personal Information Protection and Electronic Documents Act of Canada and the Canadian Standards Association Model Code for the Protection of Personal Information.

This Privacy Policy explains our commitment to respect and protect your personal information.

Commencing 1 January 2004, Kirwin Partners is responsible for your personal information that is under its control. Kirwin Partners will hold any personal information securely in accordance with our internal security policy and the law.

Identifying Purpose
Kirwin Partners provides legal services and related products to a wide range of clients. In doing so, Kirwin Partners collects personal information in order to identify client needs, representing clients, meeting legal, regulatory and contractual requirements, maintaining client contact information and providing materials concerning our services and development in the law.

Your knowledge and consent are required for the collection, use, or disclosure of your personal information. We only collect, use or disclose personal information for the purposes of your retainer with us as a client, in concert with solicitor and client privilege and as outlined in this Privacy Policy. Permission may be expressed to us in writing or implied, either via conduct with us or via retainer, or may be given verbally, electronically or through an authorized representative. In most cases, if the collection, use and disclosure of your personal information is such that is it outside the normal use for a law firm in representing a client, we will specifically request your consent.

In order to provide legal services to you, we must collect personal information. This information may include age, address, identification numbers, income, ethnic origin, credit or banking information, employee records, medical records, and any information relevant to the issue for which we have been retained. This information may be about our clients, or may be about individuals who are not our clients, but are individuals involved in transactions, matters or disputes with clients who have retained us.

An individual may at any time withdraw their consent to the collection, use or disclosure of personal information, subject to legal restrictions and contraction obligations and upon reasonable notice.

Limiting Collection of your Personal Information
We only collect the personal information that we need in order to provide legal and related services to you, and only by lawful and reasonable means. We do not use techniques to collect information about you without your knowledge. We will collect personal information not only directly from you but from third parties: for example, insurance companies, real estate agents in a property transaction, government agencies or registries, employers, accountants, internally generated work product, from other parties to a transaction, matter or dispute.

Collection of Personal Information from our Website
As with other commercial websites, we may monitor traffic patterns, site usage and related site information to optimize our web service. As such, we may utilize a standard technology called a “cookie” to track visitors to our website and to collect information about how our website is used. By allowing your browser to accept “cookies”, we may be able to identify you each time you visit our website. We may provide aggregated information about the use of our website to third parties but such statistical information will not include any identifiable personal information.

Any link or hyperlink on our website that takes you to a website that is not our website may contain different privacy policies or personal information collection provisions that differ from those expressed by us and for which we are not responsible for and as such, are not governed by this Privacy Policy. We expressly disclaim any and all liability related to any such third party or linked websites.

Limiting Use, Disclosure, and Retention of your Personal Information
We use personal information in order to provide you with legal advice and services, to administer client needs, including client accounting and other related services provided by Kirwin Partners. We do not use or disclose your personal information for any purposes other than those for which it was collected, except with your consent, nor do we disclose your personal information to any third parties to enable them to market products or services. Your personal information is retained only as long as necessary for the fulfillment of those purposes. We do not keep personal information if it is no longer needed for the purposes required or as required by law. We may, however, retain personal information that is contained in client files for as long as may be necessary within the ambits of the guidelines for file retention of the Law Society of Upper Canada.

Under certain circumstances, we may disclose personal information where required or authorized by law, ethical or legal reasons to do so. For example, by court order or pursuant to exemptions to consents provided in applicable privacy legislation; when an individual has consented to the disclosure when the legal services we are providing requires the disclosure of personal information to a third party; when necessary to establish or collect a fee; when engaging expert witnesses on behalf of a client; when retaining other law firms or legal services on behalf of the client, including those outside the jurisdiction of Ontario; where the personal information is already in the public domain or publicly known, when engaging third party services to provide legal or legal support services or administrative services and the third party is bound by privacy obligations; for any other valid reason that requires disclosure.

Accuracy of your Personal Information
Your personal information is kept as accurate, complete, and up-to-date as is necessary for the purposes for which it is intended. If any of your personal information changes during your retainer with us, kindly inform us so the necessary changes can be made to update your personal information, which will ensure the continued safeguarding of your personal information.

Safeguards for your Personal Information
We use all reasonable precautions to protect your personal information by using safeguards that are appropriate to the sensitivity of the information. Our employees are required to maintain the confidentiality of all personal information to which they have access. Our employees are kept informed about our policies and procedures for the protection of personal information. Where necessary, our employees may be required to sign agreements to keep your personal information confidential. We have comprehensive security controls for the protection against theft, loss, non-authorized users, use, alteration, duplication, destruction, modification or disclosure, regardless of what format your personal information is held. We have procedures in place with respect to destroying, deleting, or disposing of personal information when it is no longer required for the purpose set out in this Privacy Policy, or by law. These procedures include security of the premises, restricted file access, security software, security measures such as firewalls, internal passwords and security programs.

Electronic Communications
Kirwin Partners may communicate with you via electronic means, including e-mail or other electronic methods. If you are concerned that communication by electronic means is less confidential than traditional methods, and do not wish to communicate via electronic means, kindly advise us in writing. We take reasonable steps to ensure all means of communication, whether electronic, facsimile, via post or otherwise, remain confidential.

Changes to Privacy Policy
Please be aware that we regularly review our Privacy Policy and procedures and may change our Privacy Policy from time to time or as may be required by changes in law.

Access to Personal Information
Upon request in writing, you will be informed via summary of the existence, use and disclosure of your personal information. We will assist any client who informs us that they require assistance in preparing a request concerning their personal information pursuant to the request provisions of the Personal Information Protection and Electronic Documents Act of Canada. Requests which require detailed responses or which require archive or other retrieval costs may be subject to or normal professional and disbursement fees.

You can ask to review, verify and correct your personal information, however, your right to such information is not absolute. We may deny access for various reasons, including: where denial is required or authorized by law or regulation; where a claim of legal privilege is made or allowed or claimed under relevant privacy legislation; where information relates to existing or anticipated legal proceedings against the individual; where granting access would have an unreasonable impact on other person’s privacy; where it would hinder or prejudice negotiations; where denial is necessary to protect this firm’s rights and property; where the request is frivolous or vexatious.

Certain rules of ethics and professional conduct, procedural and confidentiality rules may also prevent access in certain circumstances. Further, if an individual is in opposition to a client we represent or is represented by other counsel for a dispute or transaction, we are not able to discuss privacy or other matters directly with that person.

If we deny, in whole or in part, a request for access to personal information or refuse a request to correct personal information, we will explain why.

Any request will receive a reply with thirty (30) days of the receipt by us of the request.

Employment Inquiry
When a candidate applies for a position with Kirwin Partners where we have requested the submission of resumes, or when we receive unsolicited resumes, we need to review and confirm personal information that is contained in a candidate’s resume. We normally destroy information received about unsuccessful candidates immediately after a position is filled or the position is withdrawn. If a candidate is accepted for a position with our firm, the information obtained during the review and interview process will be retained in our records in accordance with our privacy procedures for employment purposes.

Request and Contact Information
You can address any request about your personal information or concern about our Privacy Policy by contacting our individual in charge as follows:

Privacy Officer
Kirwin Partners LLP
423 Pelissier Street
Windsor Ontario N9A 4L2
519.255.1413 facsimile