Terms and conditions
JONATHAN SHULMAN PROFESSIONAL CORPORATION
Your Privacy Rights:
From January 1, 2004, all businesses engaged in commercial activities must comply with the Personal Information Protection and Electronic Documents Act, and the Canadian Standards Association Model Code for the Protection of Personal Information, which it incorporates. These obligations extend to lawyers and law firms, including JSPC. The Act gives you rights concerning the privacy of your personal information.
JSPC is responsible for the personal information we collect and hold. To ensure this accountability, we have developed this policy, and trained our lawyers and support staff about our policies and practices.
Why Does JSPC Need Personal Information:
JSPC provides legal services and products to a wide range of clients. In doing so, it produces direct marketing materials concerning its services and developments in the law.
What personal information do we collect?
Personal information is any information that identifies you, or by which your identity could be deduced.
If we did not collect and use your personal information, we could not provide you with legal services.
How do we collect your personal information?
We collect information only by lawful and fair means, and not in an unreasonably intrusive way. Wherever possible we collect your personal information directly from you, both at the start of a retainer and in the course of our representation.
Sometimes we may obtain information about you from other sources, for example:
∙ your insurance company;
∙ your real estate agent in a property transaction;
∙ from a government agency or registry;
∙ your employer, if we are acting for you, at its request;
∙ your accountant.
In most cases, we shall ask you to specifically consent, if we collect, use, or disclose your personal information. Normally, we ask for your consent in writing, but in some circumstances, we may accept your oral consent. Sometimes, your consent may be implied through your conduct with us.
Use of Your Information:
We use your personal information to provide legal advice and services to you, to administer our client (time and billing databases) and to include you in any direct marketing activities. If you tell us that you no longer wish to receive information about our services, or about new developments in the law, we will not send any further material.
JSPC 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 or legal services firms.
Disclosure of your Personal Information:
Under certain circumstances, JSPC will disclose your personal information:
∙ 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 requires us give your information to third parties (for example a lender in a real estate mortgage transaction) your consent will be implied, unless you tell us otherwise;
∙ where it is necessary to establish or collect fees;
∙ if we engage expert witnesses on your behalf;
∙ if we retain other law firms at your request, and on your behalf;
∙ if the information is Publicly Available Personal Information, as it is defined under the Personal Information Protection and Electronic Documents Act.
Updating Your Information:
Since we use your personal information to provide legal services to you, it is important that the information be accurate and up-to-date.
If during the course of the retainer, any of your information changes, please inform us so that we can make any necessary changes.
Is My Personal Information Secure?
JSPC takes 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;
∙ internal password and security policies.
Access to Your Personal Information:
You may ask for access to any personal information we hold about you.
Summary information is available on request. More detailed requests which require archive or other retrieval costs may be subject to our normal professional and disbursement fees.
If JSPC holds information about you and you can establish that it is not accurate, complete and up-to-date, JSPC will take reasonable steps to correct it. Can I be denied access to my Personal Information? Your rights to access your personal information are not absolute. We may deny access when:
- it is required or authorized by law (for example, when a record containing personal information about you is protected by solicitor-client privilege);
- to do so would reveal confidential commercial information, and the personal information cannot be severed from the record;
- to do so could reasonably be expected to threaten the life or security of another individual, and the personal information cannot be severed from the record; or
- the information was generated in the course of a formal dispute resolution process.
Can I request anonymity:
Whenever it is legal and practicable, we may offer the opportunity to deal with general inquiries without providing your name (for example, by accessing general information on our website).
The Proceeds of Crime (Money Laundering) and Terrorist Financing Act requires us to confirm the identity of all new clients.
It may also require us disclose information to FINTRAC in relation to certain large cash transactions.
To help us make credit decisions about clients, prevent fraud, check the identity of new clients and prevent money-laundering, we may – with your consent – request information about you from the files of consumer reporting agencies.
Communicating with Us:
You should be aware that e-mail is not a 100% secure medium, and you should be aware of this when contacting us to send personal or confidential information.
By retaining our services, you consent to e-mail and/or text message communication with us, and accept all risks associated with such method of communication.
Requests for Access:
If you have any questions, or wish to access your personal information, please write to our Privacy Officer at
222 Finch Avenue West, suite 211
North York, ON, M2R 1M6
If you are not satisfied with our response, the Privacy Commissioner of Canada can be reached at
112 Kent Street,
Ottawa Ontario, K1A 1H3
Employment, Volunteering and Training Inquiries:
If you apply to JSPC for a job, volunteering or training, we need to consider your personal information, as part of our review process.
We normally retain information from candidates after a decision has been made, unless you ask us not to retain the information.
If we offer you a job, a volunteering position or a training placement, which you accept, the information will be retained in accordance with our privacy procedures for such records.
JONATHAN SHULMAN PROFESSIONAL CORPORATION
The following are the terms and conditions, apply to your use of the JSPC website.
By accessing this Website you agree to be bound by them.
"Conditions" means these terms and conditions:
- "Personal Information" means any personal details provided by you via the Website;
- "User(s)" means (a) user(s) of the Website and/or any JSPC services either collectively or individually, as the context requires; "We/us/our" means JSPC, "Website" means the website located at http://www.jspc.ca or any subsequent URL which may replace it;
- and "You/your" means you as a user of the Website, and/or any other JSPC services either collectively or individually.
On our website, like most other commercial websites, we may monitor traffic patterns, site usage and related site information in order to optimise our web service.
We may provide aggregated information to third parties, but these statistics do not include any identifiable personal information.
Posting of feedback:
For privacy reasons, the first name and the last name of the client will not be posted, and is for JSPC verification purposes only.
By clicking the “Post Feedback” button, the client agrees that the message will be posted on the website with the full permission of the poster.
JSPC reserves a right to delete or edit any feedback, at any time without any notice, that is not consistent with the terms of the site, offensive, inaccurate, identifiable, privileged, is not posted by the client, and/or for any other reason.
All posts are subject to JSPC approval and moderation prior to posting.
No identifiable personal information shall be provided by the client when posting a feedback.
Contact us terms:
You agree that the information provided on this website does not and will not constitute a legal advice, and shall not be relied upon when seeking a legal advice.
By contacting our office, you agree that such communication does not and will not create a lawyer-client relationship, not shall be considered as such. You further agree to seek an independent legal advice prior to contacting our office, and agree to seek an independent legal advice while not awaiting a response from JSPC, in urgent circumstances, in respect to your matter, in order to not prejudice your legal rights.
We will provide you with access to the Website in accordance with these Conditions.
You agree not to use the Website (or any part of) for any illegal purpose and agree to use it in accordance with all relevant laws; agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety; will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy); agree that in the event that you have any right, claim or action against any user arising out of that user's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website.
We reserve the right to: modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change.
It is your responsibility to check regularly to determine whether the Conditions have been changed.
If you do not agree to any change to the Conditions then you must immediately stop using the Website. We will use our reasonable endeavours to maintain the Website.
The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
Third party links:
In an attempt to provide increased value to our Users, we may provide links to other websites or resources.
You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content associated with the Website.
We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
Intellectual property and right of use:
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors.
You are permitted to use this material only as expressly authorized by us in writing.
The Website is Copyright by Jonathan Shulman Professional Corporation. All rights reserved.
Notices and communication:
All communication with our office must be in writing.
You may send us notices under or in connection with these Conditions by post to 222 Finch Ave. West, suite 211, Toronto, Ontario, Canada, M2R1M6.
As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received a written acknowledgement from us, which will be sent within 3 working days of our receipt and should be retained by you.
All correspondence and notices sent must be sent via traceable method of service.
Limitation of liability:
WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
The Website is provided on an "as is" and "as available" basis without any representation or endorsement.
Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable.
We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.
Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under Canadian law.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party's hyper-text link.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) for:
any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings);
or any loss of goodwill or reputation; or any special or indirect or consequential losses;
in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.
Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters.
No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions.
You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.
The Conditions will be exclusively governed by and construed in accordance with the laws of Canada and Province of Ontario whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.