Privacy Policy
1. Introduction
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Hertzman Law, Barristers & Solicitors ("Hertzman Law") offers a wide range of legal services to our clients. This privacy policy address our compliance with the Personal Information Protection Act (British Columbia) (the "Act").
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2. Definitions
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"Personal Information" - means all information about an identifiable individual.
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3. Solicitor/Client Privilege
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Hertzman Law recognizes the sensitive nature of the personal information we receive in the course of our legal practice. We recognize our professional obligation to maintain the confidences of our clients' information. This policy has been created with those obligations in mind.
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Information that is collected, used or disclosed by Hertzman Law during the course of the provision of legal services is governed by the law of solicitor/client privilege and regulatory requirements governing our profession including the Code of Professional Conduct and ethics. Hertzman Law continues to treat all information in our legal files, including personal information, as confidential under the rules of solicitor/client privilege.
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4. Collection and Use/Disclosure of Information
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In order to be able to give legal advice to our clients, we need access to relevant facts and information which relates to our retainer and to the representation of our clients. This information will typically include personal information about our clients and about individuals other than our clients.
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Personal information is voluntarily provided to us by clients during the course of a legal retainer In such circumstances, it is understood that unless specifically indicated to the contrary, that we have consent to collect use and disclose this personal information provided to us for the purpose of the legal retainer, pursuant to our client's instructions and the Law Society of British Columbia's Ruse of Professional Conduct.
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During the course of our legal retainer, we may also collect personal information, under client's instructions, in the course of due diligence searches and other inquiries made of publicly available sources. This information is used and disclosed for the purposes of our legal retainer and to invoice clients for services rendered, pursuant to our client's instructions and the Law Society of British Columbia's Rules of Professional Conduct.
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Information may also be collected as part of a legal retainer, without consent, where it relates to an investigation or proceeding. Collection may occur through third parties such as private investigators or retained experts. This information is used and disclosed for the purposes of the investigation or proceeding, pursuant to our client's instructions and the Law Society of British Columbia's Rules of Professional Conduct.
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Information may also be collected from other sources such as client's real estate agents, insurers, employers, accountants, and from other sources as necessary. Hertzman Law may also collect, use and disclose personal information to establish or collect fees, engage experts, retain local counsel, or as otherwise permitted by applicable law.
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The Act deems that an individual has consented to our collection, use or disclosure of personal information about that individual if, at the time the consent is deemed to be given, the purpose would be considered obvious to a reasonable person. In such circumstances, we will collect, use and disclose personal information without obtaining a written or verbal consent to do so.
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The Act also permits us to collect, use or disclose personal information about an individual in some circumstances without the individual's consent. Those include, but are not limited to, circumstances in which:
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the collection, use of disclosure is clearly in the interest of the individual and consent cannot be obtained in a timely way;
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it is reasonable to expect that the collection or use of personal information with the consent of the individual would compromise the availability or accuracy of the information, and the collection or use of the information is necessary for an investigation or proceeding;
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it is reasonable to expect that the disclosure of personal information with the consent of the individual would compromise an investigation or proceeding, and the disclosure of the information is necessary for an investigation or proceeding;
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the personal information is available to the public from a prescribed source;
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the collection, use or disclosure of personal information is required or authorized by law.
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We also collect, use and disclose information to manage client and supplier relationships, avoid conflicts of interest, evaluate, manage and develop our business, and to guard against errors or fraud.
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5. Security of Personal Information
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Personal information in the custody of Hertzman Law is secured and maintained at our premises. Certain closed files are stored off-site in secure arrangements. Our computer systems and the information stored in them are protected by appropriate electronic security systems.
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Clients and others often expect us to communicate with them using email or other electronic communication. Confidentiality and security cannot be guaranteed when information is transmitted by those means.
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6 Accuracy of Personal Information
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Hertzman Law is committed to the accuracy of personal information in its control.
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7. Access to Personal Information
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The Act permits individuals to submit written requests to us to provide them with:
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their personal information under our custody or control;
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information about how their persona information under our control has been and is being used by us;
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the names of the individuals and organizations to whom their personal information under our control has been disclosed by us;
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we will respond to requests in the time allowed by the Act and will make a reasonable effort to assist applicants and to respond as accurately and completely as reasonably possible. All requests may be subject to any fees and disbursements the law permits us to charge.
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An individual's ability to access his or her personal information under our control is not absolute. The Act provides that we must not disclose personal information when:
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the disclosure could reasonably be expected to threaten the safety or physical or mental health of an individual other than the individual who made the request;
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the disclosure can reasonable be expected to cause immediate or grave harm to the safety or to the physical or mental health of the individual who made the request;
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the disclosure would reveal personal information about another individual;
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the disclosure would reveal the identity of an individual who has provided personal information about another individual and the individual providing the personal information does not consent to disclosure of his or her identity.
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The Act further provides that we are not required to disclose personal information when:
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the personal information is protected by solicitor-client privilege;
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the disclosure of the personal information would reveal confidential commercial information that, if disclosed, could, in the opinion of a reasonable person, harm the competitive position of an organization;
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the personal information was collected without consent for the purposes of an investigation, and the investigation and associated proceedings and appeals have not been completed;
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the personal information was collected or created by a mediator or arbitrator in the conduct of a mediation or arbitration for which he or she was appointed to act:
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under a collective agreement;​
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under an enactment, or;
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by a court.
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8. External Links
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Hertzman Law's website may include links to external websites. Once you leave this website, this privacy statement does not apply. Hertzman Law is not responsible for the privacy practices or content of external websites.
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9. Inquiries and Complaints
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If an individual has an inquiry or complaint, they should contact Joshua Hertzman in writing. Appropriate internal consultations will take place and a written response will be provided normally within 45 days.