Privacy Statement

This privacy statement applies to information about identifiable individuals, including information where identity may be inferred or determined,  (“personal information”), regardless of medium, in my custody or control.

To keep abreast of legislative or interpretative developments, please note that I may revise this Privacy Statement at any time and any changes will apply to all personal information held by me at the time of the revision.

My Collection, Use and Disclosure of Personal Information

In matters for which I have been engaged, I generally collect personal information directly from the person to whom the information pertains. I may collect personal information from other sources but only in conformity with applicable personal information protection laws. In doing so, I make reasonable efforts to ensure that the personal information collected is accurate and complete.

I use personal information to provide services with respect to matters for which I have been engaged. This may include the administration of my account with you (e.g. billing).

I may provide personal information to organizations that perform services on my behalf but will only do so if they agree to use such information solely for the purposes of providing services to me and to act in a manner consistent with relevant personal information protection laws.

Usually, I disclose personal information only for purposes associated with my engagement on a particular matter. I do not provide personal information to third parties for marketing purposes. However, in the event I cease to practice or join a firm I do reserve the right to convey your personal information as part of the sale or merger of my practice to a successor.

Please note that under applicable personal information protection laws there are circumstances where the use and/or disclosure of personal information may be justified or permitted or where I am obliged to disclose information without consent. For example, this may occur:

  • Where required by law or pursuant to an order by court, administrative agency or tribunal;
  • Where I reasonably believe that it is necessary to protect the rights, privacy, safety or property of others;
  • Where it is necessary to pursue available remedies (including collection of fees) or limit any damages that I may sustain.

Consent

I consider the direct provision of personal information to me, whether by a client or a person involved in matters opposite or adverse to clients, to mean that the individual concerned consents to the collection, use or disclosure of such information for purposes that a reasonable person would consider are appropriate in the circumstances.

Accuracy & Security

I endeavor to ensure the accuracy, currency and integrity of the personal information I hold and to take all reasonable measures to ensure that such information is kept safe from loss, unauthorized access, modification or disclosure.

Access

You may ask for access to any personal information I hold about you. I will respond within a reasonable timeframe and no later than required by law.

You should note that a request may not result in the release of information where one or more legislative exceptions apply. For example, I may not release information where:

  • The law requires that I may or shall refrain from doing so (for example, when a record containing personal information about you is subject to a claim of privilege by a client);
  • Information relates to existing or anticipated legal proceedings against you;
  • The release of such information may adversely affect the privacy or rights of third parties;
  • It will infringe upon my ability to protect my rights or property.

You may also be requested to pay reasonable disbursements associated with the reproduction of any materials required to respond to your request.

Rectification/Correction

You are permitted by law to request the rectification (e.g. the addition of information omitted or not previously held) or correction of personal information held by me. Upon receipt of any such request, I will

  • Rectify or correct such information and, if reasonable and appropriate to do so, send notices to any other organizations to whom I have disclosed your personal information; or
  • Decline to rectify or correct such information, explain to you why I chose to not to do so and note in my files that your request was made and the action I took in response.

Web Site

When you visit michaelpower.ca, information related to each visit may be collected that, in some jurisdictions, is considered personal information (e.g. your IP address, date and time of visit, URLs of pages visited). Such information may be provided to third parties, but only as aggregated information without any identifiable personal information.

Please note that michaelpower.ca may contain links to other sites that are not governed by this privacy statement.

Addressing Your Concerns

With respect to personal information that I hold about you, if you wish to:

  • Access, rectify or correct such information; or
  • Ask any questions concerning such information or this Privacy Statement.

you may contact me directly at emp [at] michaelpower [dot] ca or, in writing, at the address indicated on this web site.

I wish to assure you that I will promptly address any communication made for these purposes. If you feel my response is inadequate, you have recourse under applicable provincial statutes or PIPEDA and, as applicable, may contact either the Office of the Privacy Commissioner in your province of residence or the Office of the Privacy Commissioner of Canada to exercise your rights under applicable laws.

Office of the Privacy Commissioner of Canada
112 Kent Street
Ottawa, Ontario
K1A 1H3
Telephone: 1-800-282-1376
www.privcom.gc.ca

Last Update: February 2010