Lailna Dhaliwal LLP recognizes the importance of privacy and the sensitivity of personal information. As lawyers, we have a professional obligation to keep confidential all information we receive within a lawyer-client relationship. It is a position of trust. We are committed to protecting any personal information we hold.
This Policy Statement has been prepared to affirm our commitment to maintaining the privacy of our clients and others and to inform you of our practices concerning the collection, use and disclosure of Personal Information collected by Lailna Dhaliwal LLP.
A professional relationship develops when Lailna Dhaliwal LLP agrees to be retained to provide services to a particular individual. In order to protect their own interests, individuals should not send confidential information to Lailna Dhaliwal LLP until they have had a direct discussion with a professional at the firm regarding the retention of Lailna Dhaliwal LLP to provide legal services.
Purposes for Collection of Personal Information
Our firm collects personal information for the following limited purposes:
- to establish and maintain client lists.
- to represent you as our client; and
- for internal purposes including the professional development of firm lawyers and law clerks.
What Personal Information Do We Collect?
Personal information is any information that identifies you, or by which your identity could be deduced. We collect and use your personal information in order to provide you with legal services. Our firm restricts the collection of personal information only to that information that is necessary for the purposes noted above. We are committed to collecting personal information in a fair, open and lawful manner. Wherever possible, we collect your personal information directly from you at the start of a retainer and in the course of our representation.
In most cases, we shall ask you to specifically consent if we collect, use, or disclose your personal information. Sometimes, your consent may be implied through your conduct with us.
Use of Your Information
By retaining our firm, you have confirmed your trust in us. We are honoured by this trust and take pride in serving you.
We use your personal information to provide legal advice and services to you and to administer our client (time and billing) databases. We are obliged for legal purposes to retain our client files after the end of the retainer.
Lailna Dhaliwal LLP does not disclose your personal information to any third party to enable them to market their products and services. For example, we do not provide our client mailing lists to other law firms.
Our firm stores and maintains personal information in conformity with the requirements of the Act, and the model code for the protection of personal information created and approved by the Canadian Standards Association.
Disclosure of Your Personal Information
Lailna Dhaliwal LLP may disclose your personal information under certain circumstances, such as:
- 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 legal services we are providing to you require us to give your information to third parties (for example, a professional retained to conduct a custody/access assessment or a mediation) your consent will be implied, unless you tell us otherwise;
- when it is necessary to establish or collect fees.
- where Lailna Dhaliwal LLP believes, upon reasonable grounds, that it is necessary to protect the rights, privacy, safety or property of an identifiable person or group.
- if we engage expert witnesses on your behalf; or
- if the information is already publicly known.
Lailna Dhaliwal LLP keeps Personal Information only as long as it is required for the reasons it was collected. The length of time we retain information varies, depending on the product or service and the nature of the information. This period may extend beyond the end of a person’s relationship with us, but it will be only for so long as it is necessary for us to have sufficient information to respond to any issues that may arise at a later date.
When your Personal Information is no longer required for Lailna Dhaliwal LLP’s purposes, we have procedures to destroy, delete, erase or convert it into an anonymous form.
Is My Personal Information Secure?
Our firm has developed and implemented security safeguards appropriate to the sensitivity of the personal information kept by us. We take all reasonable precautions to ensure that your personal information is kept safe from loss, unauthorized access, modification, or disclosure. Among the steps taken to protect your information are:
- premises security.
- restricted file access to personal information.
- deploying technological safeguards like security software and firewalls to prevent hacking or unauthorized computer access; and
- internal password and security policies.
Our firm is committed to maintaining accurate, complete, and up-to-date personal information. If you are aware of changes to the personal information you have given to us, simply inform us of the changes and we will update our records accordingly.
Communication with Us
You should be aware that e-mail is not a 100% secure medium. In addition, mail, telephone calls, faxes and transmissions over the internet are all susceptible to possible loss, misrouting, interception, and misuse of the information being communicated or transmitted.
You should be aware of this when contacting us to send personal or confidential information.
As do many organizations, Lailna Dhaliwal LLP attempts to strike a reasonable balance between security and convenience. In communicating with clients and others, Lailna Dhaliwal LLP often requests the right to use a method of communication that is less secure than some of its less convenient alternatives. An example of this is e-mail. At this time, when we use e-mail, it may be sent as unencrypted plain text. We do this because Lailna Dhaliwal LLP believes that many of our clients and others cannot readily process encrypted e-mail. This is done for their convenience but has the security concern that, if misrouted or intercepted, it could be read more easily than encrypted e-mail.
Please note we regularly review all of our policies and procedures and may change them from time to time.
On our website, like most other commercial websites, we may monitor traffic patterns, site usage and related site information in order to optimize our web service. We may provide aggregated information to third parties, but these statistics do not include any identifiable personal information.
Agreement of User to the Terms of the Website Operator's Posting Policy
This serves as an acknowledgment that the user has read and accepted all terms and conditions in the posting policy prior to use.
Definition of “Content” — This may include, without limitation, information, data, text, software, music, sound, photographs, graphics, video, e-mail or other kinds of messages.
Content Licence from User — This contains the following terms:
- when user sends, submits, posts or displays any Content through the services, the user retains copyright and any other rights that the user holds in the Content;
- by sending, submitting, posting or displaying any Content, the user grants to the website operator a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content; and
- user represents and warrants to website the operator that user has all necessary right, power and authority to grant the licence.
Responsibility for Content — The user understands that all Content whether publicly posted or privately transmitted using the services is the sole responsibility of the user, as follows:
- for all Content uploaded, posted, e-mailed, transmitted or otherwise made available via the services.
- for ensuring that Content is accurate and does not include misleading information or infringe or violate the intellectual property or proprietary rights of any third-party.
- user shall acknowledge that the website operator does not control the Content and, as such, does not guarantee the accuracy, integrity, or quality of any Content; and
- user shall agree that user will not hold the website operator responsible or liable for any inaccuracies, errors or omissions in any Content, or for any loss or damage incurred as a result of the use of or reliance on any Content posted, e-mailed, transmitted or otherwise made available via the services.
- Right to Remove or Disclose Content — The user should acknowledge that the website operator does not pre-screen Content, but has the right (but not the obligation) to refuse or remove any Content that violates the posting policy or is otherwise objectionable, in its discretion.
Limitation on Use of the Services — The user should agree to not use the services to:
- violate any laws or third-party rights.
- use the website and services if user does not have the capacity to form a legally binding contract, is under the age of 18, or is temporarily or indefinitely suspended from the website.
- upload, post, e-mail, transmit or otherwise make available any Content that:
- is false, inaccurate, misleading, defamatory, libelous, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racially, ethnically, or otherwise objectionable or generally unlawful.
- user does not have the right to make available under any law or contractual or fiduciary relationship.
- infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any person.
- would constitute unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or other form of illegal solicitation or message prohibited by antispam law.
- impersonate any person or entity, including, but not limited to, the website operator, or falsely state or otherwise misrepresent its affiliation with a person or entity.
- transfer an account to another person without the prior consent of the website operator;
- distribute viruses or any other technologies that may harm the website operator, its affiliates or their property;
- copy, modify or distribute the website operator’s copyrights and trademarks;
- harvest or otherwise collect, use or disclose personal information about users, including e-mail addresses, without their prior consent or without complying with applicable data protection and privacy laws;
Additionally, user should agree that the user will not:
- take any action that imposes or may impose (in the sole discretion of website operator) an unreasonable or disproportionately large load on website operator’s infrastructure (or the infrastructure of its affiliates, as the case may be);
- copy, reproduce, modify, create derivative works from, distribute or publicly display Content (except for user’s own information) from the website without the prior express written permission of website operator and the appropriate third-party, as applicable;
- interfere or attempt to interfere with the proper working of the website or any activities conducted on the website; and
- forge headers or otherwise manipulate identifiers in order to disguise the origin of Content posted or transmitted through the services.
Accounts and Passwords — The user should agree to provide true, accurate, current and complete information and maintain user data to keep it accurate, current and complete at all times. The user should also:
- understand and agree that user is solely responsible for maintaining the confidentiality of user account including user password, and that user is fully responsible for all activities that occur under such account; and agree to:
- immediately notify the website operator of any unauthorized use of user account or any other breach of security; and
- exit from user account at the end of each session.
Termination of Services — The website operator’s right to terminate services in given situations should be detailed.
Intellectual Property and Proprietary Rights — The user should acknowledge and agree that the website operator or its licensors own all legal right, title and interest in and to the services, including any intellectual property rights which subsist in the services.
Practices and Limits on Use of the Services — The user should acknowledge and agree that the website operator may establish general practices and limits concerning use of the services, including without limitation:
- maximum number of days that advertisement banners, e-mail messages or other uploaded Content will be retained by the services.
- maximum number of advertisement banners that may be uploaded by an account.
- maximum size of any advertisement banner or message that may be uploaded by an account.
- maximum number of times (and maximum duration for which) user may access or use the services in a given period of time; or
- reservation of right to change general practices and limits at any time, in its sole discretion, with or without notice.
Limitation of Liability — The user should acknowledge and agree and undertake not to hold the website operator responsible for other users’ Content, actions, or inactions, which are made through the website or using the services