Privacy policy

I am a lawyer focussing on criminal law located in Toronto, Ontario. I am committed to protecting your privacy. This Privacy Policy below outlines how I handle your personal information to protect your privacy.

Privacy Legislation

Since January 1, 2004, all Canadian organizations engaged in commercial activities have been required to comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the Canadian Standards Association Model Code for the Protection of Personal Information incorporated by reference into PIPEDA. These obligations extend to lawyers and law firms, including myself. In addition, an Act respecting the Protection of Personal Information in the Private Sector has been in force in Quebec since 1994 and sets out rules regarding the collection, use and disclosure of personal information within that province.

Lastly, as a provider of professional services, I have professional and ethical obligations to keep the information that I receive confidential in the context of a solicitor-client and agent-client relationship.

Personal Information

Personal information is defined in PIPEDA as information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization. In other words, it does not include the information that one expects to find on a business card.

COnsent to my collection of Personal Information

In most cases, I obtain your consent to collect, use and disclose your personal information. Usually, if you retain me, I assume that I have your implied consent to our collection and use of your personal information. However, at times I may ask for your express consent, either verbally or in writing. Generally, I collect your personal information directly from you at the start of or during the course of your retainer with our firm. Sometimes I may obtain information about you from other sources such as a government registry or other professionals who serve you.

Use of Personal Information

I use your personal information to provide legal advice and services to you, to issue invoices and to maintain my database of clients.

Withdrawal of Consent

You may withdraw your consent to our collection, use and disclosure of your personal information at any time, subject to legal and/or contractual restrictions and upon reasonable notice. Your withdrawal of consent to our collection, use and disclosure of your personal information may impact our ability to represent you and provide you with legal advice.

DISCLOSURE OF PERSONAL INFORMATION

Generally, I do not disclose your personal information to third parties without your consent unless permitted or required by applicable laws or court orders. The following are some examples where I may disclose your personal information: such disclosure is necessary to collect fees or disbursements; I contract with a third party to provide us with certain services such as archival file storage or insurance. (In such cases, we will use contractual or other means to ensure the third party service provider is bound by obligations regarding privacy which are consistent with this policy); or I engage expert witnesses or other lawyers on your behalf.

ACCURACY OF YOUR INFORMATION

It is important that the information that we have on file be accurate and up-to-date. If, during the course of the retainer, any of your information changes, please inform me so that we can make any necessary changes. I may also ask you from time to time whether your personal information is up-to-date.

SAFEGUARDS

I use various safeguards to ensure that your personal information is protected against loss, theft, misuse, unauthorized access, disclosure, copying or alteration. These include: security of our physical premises; our professional obligations; security software and firewalls to prevent unauthorized computer access or “hacking”; and internal passwords that restrict access to my electronic files.

ACCESS TO YOUR PERSONAL INFORMATION

You have a right to challenge the accuracy and completeness of your personal information and to have it amended, as appropriate. You also have a right to request access to your personal information and receive an accounting of how that information has been used and disclosed, subject to certain exceptions prescribed by law. For example, if the requested information would reveal personal information about another individual, your request for access may be limited or denied. If your request for access is denied, I will notify you in writing of the reason for the denial.

To request access or to amend your personal information, please contact me at the address below. I will respond within thirty (30) days of receipt of your written request.

CHALLENGING COMPLIANCE

I will respond to inquiries about its policies and practices relating to my handling of your personal information. Inquiries should be directed to the contact information below. I will investigate all complaints and will respond within 30 days of receipt of a written inquiry. If the complaint is found to be justified, I will take appropriate measures to resolve it, including, if necessary, amending this Policy and its procedures.

WEBSITE PRIVACY

Like most other commercial websites, I may monitor traffic patterns, site usage and related site information to optimize your visit to my website.

I do not use cookies or any electronic means to collect personal information from you or your computer; however, my website server will automatically collect IP addresses. We may view the IP log from time to time, for example, to maintain the security of my website. I do not link the IP addresses to other personally identifiable information.

PRIVACY CONTACTS

If you have any questions or complaints about this Policy or the handling of your personal information, if you wish to withdraw your consent to our use of your personal information, or to request access to or update any information I have on file, please contact me directly at brian@eberdt.ca or by mail at the following address:

Brian Eberdt

55 University Avenue

Suite 1100

Toronto, ON M5J 2H7

If any complaint or inquiry is not handled to your complete satisfaction, you may contact:

Privacy Commissioner of Canada

112 Kent Street

Ottawa, ON K1A 1H3

Telephone: 613.995.8210

Toll free: 1.800.282.1376.

COMMISSION D’ACCES A L’INFORMATION DU QUEBEC

480 St. Laurent

Suite 501

Montreal, QC H2Y 3Y7

Telephone: 514.873.4196

Toll Free: 1.888.528.7741

CHANGES TO THIS PRIVACY POLICY

I may change this Privacy Policy from time to time. Any changes will be posted on my website at www.eberdt.ca and will be made available upon request through me. Please check from time to time to ensure you are aware of my current policy. This Privacy Policy is effective May 6, 2019.