Legal

Privacy Policy

Last updated: December 31, 2024

Clearview Counsel P.C. ("Clearview", "we", or "our") is dedicated to protecting the personal information collected, used, and disclosed while providing legal services and managing the firm.

This privacy policy (this "Privacy Policy") complements professional obligations of client confidentiality and generally outlines how Clearview gathers, uses, discloses, and protects the personal information of users of clearviewcounsel.io (collectively, the "Site"), clients, and any other individuals that provide their personal information (collectively, "you").

By using the Site, you accept the privacy practices described in this Privacy Policy. If you do not agree with these policies and practices, you may choose not to use the Site.

Please remember that the Site may include links to third-party websites, plug-ins, services, social networks, or applications. Using these links may allow others to collect or share your data. These third parties have their own privacy policies, and Clearview is not responsible for them. You are encouraged to read their privacy policies; Clearview accepts no responsibility or liability for others' privacy practices.

In any case, Clearview adheres to all applicable regulatory requirements, including relevant privacy laws and professional obligations. Additionally, as practicing lawyers, Clearview must maintain the confidentiality of information obtained within client relationships.

Accountability

Clearview is accountable under applicable privacy laws for the personal information in its possession or control. This includes personal information received directly from clients or others, and personal information received indirectly. Canadian privacy legislation, including the Personal Information Protection and Electronic Documents Act (PIPEDA), defines "personal information" as any information about an identifiable individual. Typically, personal information excludes business contact information such as your name, title, position, business, phone, or fax number.

Clearview has implemented policies and procedures to protect personal information accordingly.

The Personal Information Clearview Collects

Clearview may collect various types of personal information about you, including your name and home contact information, billing and account information, information relevant to a client's legal matters, and other information related to providing legal advice and services.

Examples of personal information collected include information about directors, officers, and employees of a client or other party, witnesses, beneficiaries, family members, opposing parties or parties-in-interest, and information about shareholders, security holders, investors, potential investors, business partners, competitors, or customers of clients, individuals, clients, or other relevant individuals.

Clearview may also collect information about your online interactions through the Site, email communications, and online ads.

Why Clearview Collects, Uses, and Discloses Personal Information

Clearview collects, uses, and discloses personal information primarily to provide clients with professional legal services and representation, including:

  • To establish and manage client relationships, provide legal advice, perform legal services, fulfill legal duties, and avoid conflicts of interest
  • To share personal information with third parties for providing legal services in the context of legal proceedings, including conducting litigation, arbitrations, mediations, or other proceedings
  • To represent clients in the context of business transactions involving the exchange or disclosure of personal information, such as purchase, sale, lease, merger, amalgamation, arrangement, or any other type of acquisition, disposition, public offering, securitization, investment, financing, or other transaction
  • To establish and maintain commercial relationships with clients, suppliers, and other third parties, including issuing invoices, managing accounts, collecting and processing payments, evaluating credit standing, and fulfilling contractual obligations
  • To communicate with clients and other individuals for conducting market research and evaluating client service and satisfaction
  • To distribute publications to individuals who subscribe to mailing lists
  • To maintain, develop, and manage document management, knowledge management, and precedent systems and databases
  • To develop and manage the firm's business and operations
  • To detect and protect against error, negligence, breach of contract, fraud, theft and other illegal activity, and where necessary to meet insurance requirements
  • As permitted by, and to comply with, applicable legal or regulatory requirements or provisions

Clearview may collect personal information to (i) tailor content sent or shown to you, (ii) authenticate you, enable access to information, and manage the Site, and (iii) analyze digital interactions to better understand the firm's brand.

When Clearview Collects Personal Information

With Your Consent

Clearview will obtain a client's consent to collect, use, and disclose personal information about the client, and the consent of other individuals when required by applicable privacy legislation. Clearview obtains electronic or verbal consent from individuals who subscribe to publications or express interest in receiving such materials (which you may opt-out of, using the mechanisms described in this Privacy Policy).

Clearview does not collect, use, or disclose personal information without consent unless it is allowed or required by law. Accordingly, Clearview may collect, use, or disclose personal information:

  • If a client provides personal information about third parties for legal representation or advice
  • When a court order or subpoena is issued, or under applicable rules of production, a regulatory or other body with the authority to compel production needs it
  • If the information is publicly available as defined by relevant privacy laws, like in professional directories, public registries, publicly-filed court records, or published materials
  • When investigating a breach of an agreement, a legal duty, or a violation of the law, and obtaining consent would compromise the investigation or the accuracy of the information
  • If Clearview must disclose personal information to a lawful authority
  • Or as otherwise allowed by law

Clearview assumes that an individual has consented to its reasonable collection and use of personal information consistent with the purposes for which the information was given when the individual contacts Clearview or voluntarily provides personal information. Likewise, Clearview assumes that clients who retain the firm, or individuals involved in proceedings or matters opposite or adverse to clients, consent to the reasonable collection, use, and disclosure of their personal information by Clearview's professionals and agents for the purpose of representation or provision of legal advice to clients and the conduct of the transactions or proceedings involving clients.

Nevertheless, as a law firm, Clearview follows professional and ethical obligations and does not disclose personal information protected by solicitor-client privilege unless the privilege is lawfully waived or Clearview is required by law to disclose it.

Online Communications

To provide Site users with information or requested services, visitors may voluntarily submit personal information for purposes like subscribing to or downloading publications, attending meetings with Clearview Counsel, participating in surveys, or asking questions. Clearview uses the personal information you provide solely for the purpose it was provided.

If you have provided information in the past, Clearview may combine that information with the information submitted on the Site. At any time, however, you may unsubscribe or opt-out of contact by Clearview Counsel through the Site or by emailing privacy[at]clearviewcounsel.io.

Email Communications

Clearview may send email communications to you or others in the contact database to inform them of legal developments, distribute publications, or notify them of events. Each email includes an opt-out feature and instructions on how to unsubscribe if you do not wish to receive future emails from Clearview Counsel for these purposes.

Cookies and Other Automated Technologies

Cookies are small pieces of data placed on your devices when you visit a website to track its usage and improve your experience. Clearview Counsel may occasionally collect personal information about you and your use of the Site through cookies, as described above. Some browsers can be set to reject all cookies; however, if you choose to modify your browser in this way, some features offered through the Site may no longer be accessible.

Clearview may also use third parties to serve advertisements on the Site and on third-party websites. These companies may use cookies, tracer tags, or web beacons to report information about your interaction with email communications, websites, and online ads for the purposes of customizing content sent or shown to you and for analytical purposes to better understand digital interactions with the Clearview brand. To learn more or to opt-out of tailored advertising, please visit youradchoices.ca/choices.

Limitations on Collection, Use, and Disclosure

Clearview collects personal information fairly and lawfully, and whenever possible, directly from the individual. Clearview limits the amount of personal information collected, used, or disclosed to what is necessary for providing legal services, advice, and representation, and for running the firm. Accordingly, Clearview limits the personal information collected and used for client relationship development and publication programs to contact details and preferences given by the individual, and will not store your data for longer than needed (unless you agree otherwise or the law permits retention for a longer period of time).

Clearview also maintains records of work and services according to regulatory requirements and professional standards, which may include personal information. As noted below, records are stored with safeguards designed to prevent improper or unauthorized access.

Accuracy of Information

To ensure a high level of service for clients or subscribers and to maintain accurate contact preferences, Clearview might ask you to update your personal information, contact details, or preferences occasionally. Clearview also offers an ongoing opt-out option through links or hard copies with all publications, invitations, and notices. Clients are encouraged to reach out to their lawyer to update the personal information kept in client files.

Safeguards

Whenever Clearview enters into arrangements with service providers, agents, or contractors to store, handle, or process personal information on its behalf, such as for data processing, document storage, software support, or office services, Clearview's policy is to require such parties, either contractually or by other means, to provide comparable privacy protection while the information is processed or handled by them.

Additionally, Clearview protects personal information in files and document management systems from loss, misuse, unauthorized access, and alteration through the use of secure facilities, password protection, standard security practices and tools, as well as well-established internal policies and practices.

Accessing Your Personal Information

If you wish to request access to your personal information in Clearview's records, you can send a written request to:

Privacy Officer
Clearview Counsel
55 University Ave, Suite 1100
Toronto, Ontario
Canada  M5J 2H7
privacy@clearviewcounsel.io

Clearview will provide access to your personal information, subject to exceptions outlined or required by applicable privacy laws. Such exceptions may include information protected by attorney-client privilege, information generated during a formal dispute resolution process, information about another individual where disclosure would reveal confidential business information, or information disclosed to the police or other lawful authorities when Clearview is required to withhold disclosure.

If you have any questions about the access provided or want to inform Clearview of inaccuracies in the information, you can contact the Privacy Officer at privacy@clearviewcounsel.io.

Updates to This Privacy Policy & Challenging Compliance

It is Clearview's policy to post any changes made to this Privacy Policy on this page. Should any significant changes be made to this Privacy Policy and how Clearview engages with your information, you will be contacted. You are also encouraged to periodically review this Privacy Policy to check for updates. The date the Privacy Policy was last revised is identified at the top of the page.

If you have any complaints or questions about compliance with this Privacy Policy and relevant privacy laws, you are encouraged to contact Clearview at privacy@clearviewcounsel.io. Clearview will investigate and attempt to resolve any complaints brought to its attention.