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Privacy Policy
McTague Law Firm LLP’s Commitment to Maintaining Your Privacy
McTague Law Firm LLP has always recognized the importance of privacy and the sensitivity of personal information. We see our compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and Digital Privacy Act as not only a federal obligation, but also another way we continue to provide exceptional service.
As lawyers we have a professional obligation to keep confidential all information we receive within a lawyer-client relationship. We are committed to protecting any personal information we hold. This Privacy Policy outlines how we manage your personal information and safeguard your privacy. By retaining us, you consent to the collection, use and disclosure of your personal information (as defined below) in accordance with the following terms and conditions.
From January 1, 2004, all businesses engaged in commercial activities must comply with PIPEDA. These obligations extend to lawyers and law firms, including McTague Law Firm LLP. The Act gives you rights concerning the privacy of your personal information. McTague Law Firm LLP is responsible for the personal information we collect and hold. To ensure this accountability, we have developed this Privacy Policy, and trained our lawyers and support staff about our policies and practices.
This Privacy Policy also explains how you can contact us if you have a question about, want to make a change to, or delete, any personal information we may be holding about you. We strongly recommend that you take the time to read this Privacy Statement and retain it for your future reference.
Personal Information
McTague Law Firm LLP provides legal services and products to a wide range of clients. 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.
For the purposes of this Privacy Policy, “personal information” means information about the identifiable individual, but does not include the name, title, business address, or telephone number.
What Personal Information We Collect
When you retain us, we will collect personal information from you that we require in order to provide you with the requested service(s). The type of information we collect will depend on the nature of the requested service(s), but may include some of the following:
- Contact Information (such as name, address, e-mail address, telephone number);
- Proof of Identity (such as signature or driver’s license number);
- Financial Information (such as salary information and insurance coverage); and
- Medical information
McTague Law Firm LLP limits the collection of personal information to the amount and type of information necessary for the purposes we identify. All information is collected by fair and lawful means. McTague Law Firm LLP clearly identifies the purposes for which personal information is gathered prior to, or at the time of collection. If you are unclear about the purpose for which we collect information, ask us. As well, if you feel that our purpose for collecting any information is not necessary to your particular case, you do not have to provide us with that information.
How We Use Your Information
We use your personal information to:
- provide legal advice and services to you;
- administer our client (time and billing) databases;
- communicate with third parties on your behalf; and
- develop and maintain our relationship with you.
Disclosure of Your Personal Information
We may share personal information with third parties engaged to assist us in providing services to you or to carry out one or more of the purposes described above. These other service providers are prohibited from using your personal information for any purpose other than to provide this assistance and are required to protect personal information disclosed by us and to comply with the general privacy principles described in this Privacy Policy. We disclose your personal information to such parties on an “as needed” basis only.
We reserve the right to disclose personal information to a third party if a law, regulation, search warrant, subpoena or court order legally requires or authorizes us to do so.
Consent
We collect personal information about you only when you voluntarily provide it. Typically, we will seek consent for the use or disclosure of your personal information at the time you retain us. In certain circumstances, consent may be sought after the information has been collected but before use.
Depending on the nature of the services requested it may also be necessary for us to collect personal information about you from a third party (such as governmental agencies, accountants, financial institutions, family member, your employer, or another lawyer). We obtain your consent to this collection at the time you retain us.
You may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. If you wish to withdraw your consent at any time, please contact David Sundin, our Privacy Officer, in the manner set out below. We will inform you of the implications of withdrawing consent.
How We Protect Your Personal Information
McTague Law Firm LLP takes all reasonable precautions to ensure that your personal information is kept safe from loss, unauthorized access, modification or disclosure. This protection applies in relation to information stored in both electronic and hard copy form. Among the steps taken to protect your information are:
- premises security;
- restricted file access to personal information;
- use of technological safeguards like security software and firewalls to prevent hacking or unauthorized computer access; and
- internal password and security policies.
Unless we need to share your personal information as part of our retainer, all information you give us will be kept strictly confidential. If you provide us with an email address, you authorize us to send to you correspondence, documents and other information related to your matter that may be protected by a solicitor-and-client or other privilege (or otherwise be categorized by you as confidential or private in nature) through the use of the internet (and in particularly, email) which is not a 100% secured medium. As a result, we cannot assure the security of any information transmitted to us and you do so at your own risk.
Retention of Personal Information
McTague Law Firm LLP only retains your personal information as long as necessary to fulfill the purposes for which it was collected and to comply with applicable laws.
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.
Changes to this Privacy Policy
McTague Law Firm LLP regularly reviews all of its policies and procedures, and we may change our Privacy Policy from time to time. You may request a copy of our current Privacy Policy at any time by contacting our Privacy Officer in the manner set out below. As an alternative, our current Privacy Policy is available on our website at www.mctaguelaw.com.
Contact Us
In the event that you have any questions about our Privacy Policy, wish to access your personal information, or have any reason to believe that McTague Law Firm LLP may have failed to adhere to this Privacy Policy, please contact our Privacy Officer, Garth Kidd:
| By Mail: | McTague Law Firm LLP 455 Pelissier Street Windsor, Ontario N9A 6Z9 |
| By Phone: | (519) 255-4354 |
| By E-mail: | gkidd@mctague.law |
If you are not satisfied with our response, the Privacy Commissioner of Canada can be reached at:
112 Kent Street
Ottawa, Ontario K1A 1H3
1-800-282-1376
Commitment to Accessibility, Policy and Plan
Commitment to Accessibility
McTague Law Firm LLP is committed to identifying, preventing and removing barriers to accessibility and meeting the needs of people with disabilities by complying with the Accessibility for Ontarians with Disabilities Act. Guided by the principles of integration and equal opportunity, we will treat all people in a way that allows them to maintain their dignity and independence.
Accessibility Policy and Plan
Training
McTague Law Firm will train employees, volunteers, students and other staff members on Ontario’s accessibility laws and the Human Rights Code as it relates to people with disabilities. Training will be provided in a manner that best suits the duties of employees, volunteers, students and other staff members.
By January 1st, 2015, McTague Law Firm will take the following steps to ensure employees, volunteers, students, staff members and any person providing goods or services on our behalf are provided with the training needed to meet Ontario’s accessibility laws:
- distribute training materials that outline our commitment to the Customer Service Standard and the Integrated Standards, including obligations under the Human Rights Code;
- target training in a way that takes into account the duties of the individual;
- administer training in manner suitable to the needs of the audience;
- provide training as soon as practicable after hiring/commencement of duties;
- document the employees, volunteers, students and staff members to whom training was provided;
- ensure that employees, volunteers, students and staff members are retrained when policies change.
Information and Communications
McTague Law Firm is committed to meeting the communication needs of people with disabilities. We will consult with people with disabilities to determine their information and communication needs.
By January 1st, 2015, we will take the following steps to ensure existing feedback processes are accessible to people with disabilities, upon request:
- arrange for the provision of feedback processes for people with disabilities that takes into account the person’s disability;
- consult with the person requesting an accessible feedback process to determine the appropriate method of providing feedback;
- advise employees and the public that accessible feedback processes are available.
By January 1st, 2016, we will take the following steps to ensure that all publicly available information is made accessible, upon request:
- arrange for the provision of accessible formats and communication supports, in a timely manner, for people with disabilities that takes into account the person’s disability at no additional cost to the person;
- consult with the person requesting accessible formats or communication supports to determine the appropriate format or support;
- advise employees and the public that accessible formats and communication supports are available.
By January 1, 2021, we will take the following steps to make all new websites and content on those sites conform with the international standard for Web Content Accessibility Guidelines (WCAG) 2.0, Level AA:
- consult with our information technology department to ensure that existing or new web content complies with the Integrated Standards, particularly the Information and Communication Standards;
- consult with external contractors, if necessary.
Accessible Employment
By January 1, 2016, McTague Law Firm will ensure the following requirements of the Employment Standard are in place;
- Recruitment and SelectionMcTague Law Firm will take the following steps to notify the public and staff that the Firm will accommodate people with disabilities during the recruitment and selection processes. We will:
- provide a reminder of our commitment to the Integrated Standards, particularly the Employment Standard, in connection with all recruitment processes;
- notify applicants that accommodation supports are available through job postings;
- notify candidates selected for the interview process that accommodation supports are available on request;
- ensure that when offers of employment are extended to successful candidates, notification is provided that McTague Law Firm has policy for accommodating employees with disabilities.
- Informing Employees of SupportsPrior to January 1, 2016, McTague Law Firm will inform our current employees of policies that support employees with disabilities. Any new members of the Firm will receive these policies as soon as possible after joining the Firm. Any changes to our policies or procedures regarding accessibility will be communicated to all staff and lawyers as soon as they are approved.
- Accessible Formats and Communication Supports for EmployeesMcTague Law Firm will, in consultation with the employee, provide accessible formats and communication supports, when requested, 1) for information needed to perform the job, and; 2) any information generally available to employees in the workplace.
- Individual Accommodation and Return to Work PlansMcTague Law Firm will have a documented policy for developing individual accommodation plans for employees with disabilities. In addition, we will have a documented return-to-work process for employees of McTague Law Firm that have been absent due to a disability and require disability-related accommodations in order to return to work.
- Career Development, Performance Management and Redeployment
- provide information related to career development, performance management and/or redeployment in an accessible format, upon request;
- consult with the employee to determine any individualized accessibility needs, upon request, and develop a plan in consultation with the employee that ensures individualized accessibility needs are met;
- arrange for storage of these plans in a manner that preserves privacy;
- review the plan periodically and/or as needs change.
- Workplace Emergency Response Information (effective January 1, 2012)We will provide employees with disabilities with individualized emergency response information when required. Should we become aware that an employee requires accommodation, we will develop and put into effect a plan in consultation with the employee. With the employee’s consent, we will provide this plan to the person(s) designated to provide assistance to the employee in the event of an emergency. This individualized plan will be reviewed in conjunction with our Health & Safety Program’s annual review.
Design of Public Spaces
McTague Law Firm does not currently expect to develop or redevelop any public spaces. This policy and plan will be revised to meet the requirements of the Integrated Standards, specifically the Design of Public Spaces Standards, if such development or redevelopment of public spaces occurs in the future.
Kiosks
McTague Law Firm does not currently utilize self-service kiosks. If self-service kiosks are utilized in the future, McTague Law Firm will consider accessibility features to facilitate accessibility for the widest range of potential users, including people with disabilities.
Ongoing Commitment to Accessibility
McTague Law Firm will continue to enhance the accessibility of its business. As part of our commitment to ongoing improvements in accessibility, this policy and plan will be reviewed and revised accordingly at least once every 5 years.
Customer Service Accessibility Policy
McTague Law Firm LLP (“McTague”) is committed to ensuring that clients with disabilities receive accessible goods and services in a way that respects dignity and independence. McTague is committed to maintaining an accessible environment for persons with disabilities in order to receive goods and services in the same quality and timeliness as other clients.
This policy is intended to fulfill the requirements set out in Ontario Regulation 429/07 of the Accessibility for Ontarians with Disabilities Act, 2005 (the “Act”), which include the establishment of a policy for McTague governing the provision of its goods and services to persons with disabilities.
This Policy shall apply to every person who deals with members of the public or other third parties on behalf of McTague, whether the person does so as a partner, lawyer, associate, paralegal, assistant, student or any other person employed by McTague.
This Policy shall also apply to all persons who participate in the development of McTague policies, practices and procedures governing the provision of goods and services to members of the public or third parties.
Responsibility
Management
- Ensure that employees are trained on accessible customer service
- Ensure that procedures under this policy are communicated to employees and are carried out consistently
- Ensure that feedback from the public regarding accessible customer service is addressed in accordance with the policy and related procedures
- Ensure that documents generated as a result of this policy, including records of the training provided, are maintained
Staff
- Ensure that accessible customer service is provided to all clients and visitors in accordance with the policy and related practices and procedures
Definitions
“Assistive Device” is a technical aid, communication device or medical aid that is used to increase, maintain or improve the functional abilities of persons with disabilities in seeing, hearing, speaking, mobility, walking, breathing, performing manual tasks, learning, working or self-care.
“Disability” is defined, for the purposes of this policy and in accordance with the Act, as:
(a) any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device;
(b) a condition of mental impairment or a developmental disability;
(c) a learning disability or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language;
(d) a mental disorder; or
(e) an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997;
“Staff” shall include all lawyers, associates, paralegals, assistants, clerks or investigators employed by McTague and, shall also include retired partners and/or lawyers who are affiliated and/or practice law with McTague.
“Management” shall include Partners, the Accounting Manager and the Office Administrator.
“Service animal” is a service animal for a person with a disability,
(a) if it is readily apparent that the animal is used by the person for reasons relating to his or her disability; or
(b) if the person provides a letter from a physician or nurse confirming that the person requires the animal for reasons relating to the disability. A service animal includes but is not limited to a “Guide Dog” as that term is defined in section 1 of the Blind Persons’ Rights Act: “… a dog trained as a guide for a blind person and having the qualifications prescribed by the regulations.”
“Support person” means, in relation to a person with a disability, another person who accompanies him or her in order to help with communication, mobility, personal care or medical needs or with access to goods or services.
Governing Rules and Regulations
This policy is drafted in accordance with the Accessibility Standards for Customers (O. Reg. 429/07) and addresses the following:
- The provision of goods and services to persons with disabilities
- The use of assistive devices by persons with disabilities
- The use of service animals by persons with disabilities
- The use of support persons by persons with disabilities
- Communication with persons with disabilities
- Notice of temporary disruption in services and facilities
- Training
- Customer feedback regarding the provision of goods and services to persons with disabilities
- Notice of availability and format of documents
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Principles for providing goods and services to persons with disabilities
McTague will make reasonable efforts to:
- provide its goods and services in a way that respects the dignity and independence of persons with disabilities;
- integrate the provision of goods and services to persons with disabilities and others, unless an alternate measure is necessary to enable a person with a disability to obtain, use or benefit from the goods or services;
- service persons with disabilities who use assistive devices;
- provide persons with disabilities an equal opportunity to access its goods and services and allow them to benefit from the same services, in the same place and in a similar way as other customers;
- ensure that persons with disabilities who are accompanied by a support person or service animal are permitted to enter McTague premises with their support person or service animal.
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Assistive devices
Customer’s own assistive device(s)
A person with a disability may provide their own assistive device for the purpose of obtaining, using and benefiting from McTague goods and services unless otherwise prohibited by law (i.e.: health and safety reasons). In the event the assistive device(s) is prohibited by law, McTague may offer a person with a disability other reasonable measures to assist him or her in obtaining, using and benefiting from McTague goods and services where McTague has such other measures available and the person so requests.
Assistive devices provided by McTague
In the event that McTague provides any assistive devices for use by customers, it will ensure that staff know how to use such assistive devices and will inform customers of any assistive devices that are available.
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Use of Service Animals
Persons with disabilities may bring their service animal on the parts of McTague premises that are open to the public or those areas of the premises where other third parties customarily have access to in order to receive McTague goods or services. McTague will ensure that all staff, volunteers and third parties dealing with the public are trained in how to interact with persons with disabilities who are accompanied by a service animal.
On rare occasions, Management may determine that a service animal cannot enter an area of the premises due to a prohibition set out by statute. In these instances, Management will suggest appropriate alternatives and provide assistance to the person with a disability.
Care and Control of the Animal
A persons with disability who is accompanied by a service animal must maintain care and control of the animal at all times.
Medical Conditions/Allergies
If a person with disability or staff member has a medical condition, including but not limited to a severe allergy to animals, which could result in health and safety concerns, McTague will endeavor to make reasonable efforts to meet the needs of all individuals.
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Use of Support Persons
McTague is committed to welcoming persons with disabilities who are accompanied by a support person. If a support person accompanies a visiting person with a disability, McTague shall ensure that both persons are entitled to enter the premises together and that the person with a disability is not prevented from having access to the support person while on the premises.
When a support person may be required
McTague may require a visiting person with a disability to be accompanied by a support person when on the premises, but only if a support person is necessary to protect the health or safety of the person with a disability or of other persons on the premises.
The person with disabilities will be required to execute an Authorization form authorizing McTague to communicate with them in the presence of their support person.
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Communication with Persons with disabilities
McTague will endeavour to communicate with persons with disabilities in a manner that takes into account their disability. This means staff will communicate in a manner that enables persons with disabilities to communicate effectively for the purposes of using, receiving and requesting McTague goods and services.
McTague will train staff who communicate with customers on how to interact and communicate with persons with various types of disabilities.
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Notice of Temporary Disruption
McTague will provide persons with disabilities with notice in the event of a planned or unexpected disruption in the facilities or services used by persons with disabilities. This notice will include information about the reason for the disruption, how long the disruption is expected to last, and a description of any alternative facilities or services available (if any).
The notice will be placed at the public entrance, reception desk and the firm website. Depending on the nature of the disruption, notice may also be provided on outgoing telephone messages. This notice will be provided in accessible formats.
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Training
McTague will provide training to all Management and Staff who deal with members of the public in the provision of McTague goods or services or who provide McTague goods or services to other third parties on McTague’s behalf. Training will also be provided to all those who are involved in the development and approvals of customer service policies, practices and procedures.
New staff or staff who commence new duties that involve interaction with members of the public or other third parties receiving McTague goods and services will undertake training as part of their orientation, if they have not already done so.
Training shall include, but not limited to, the following:
- A review of the purposes of the Act and the requirements of the Accessibility Standards for Customer Service;
- How to interact and communicate with persons with various types of disabilities;
- How to interact with persons with disabilities who use an assistive device or require the assistance of a service animal or a support person;
- How to use the equipment or devices available on McTague premises, or otherwise, that may assist with the provision of goods or services to persons with disabilities;
- What to do if a person with a disability is having difficulty in accessing McTague goods and services; and
- McTague policies, practices and procedures relating to the provision of goods or services to persons with disabilities.
Management and Staff will be trained, as appropriate, on policies, practices and procedures that affect the way goods and services are provided to persons with disabilities. Staff will also be trained on an ongoing basis when changes are made to these policies, practices and procedures.
McTague shall keep records of the training provided under this section, including the dates on which the training is provided and the number of individuals to whom it is provided.
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Feedback Process
The goal of this policy is to meet service delivery expectations while serving persons with disabilities. Comments on McTague’s services regarding how well those expectations are being met are welcome and appreciated.
McTague will let persons with disabilities know what methods are available for giving feedback. If a method is not suitable, customers may request another method. Privacy will be respected and all feedback will be reviewed for possible action that can be taken to improve McTague services.
Any complaints regarding this policy and/or the delivery of accessible goods and services may be made in writing, telephone, fax or email addressed to:
David Amyot
McTague Law Firm LLP
455 Pelissier Street
Windsor, ON N9A 6Z9Phone: 519-255-4315
E-mail: damyot@mctaguelaw.comComplaints received will be reviewed and assessed. Where possible, the issues set out in the complaint will be addressed. The complainant will be notified in writing confirming receipt of the complaint and also of any ensuing decisions and/or determinations with respect to the complaint.
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Notice of availability and format of documents
McTague shall notify persons with disabilities to whom it provides goods or services that the documents required under the Act are available upon request and in a format that takes into account the person’s disability. This notice may be given by posting the information at a conspicuous place in or on McTague premises, on McTague’s website and/or any other reasonable method.
Questions About this Policy
Questions about this policy or related procedures should be directed to David Amyot.
Modifications to this or other Policies
McTague is committed to ensuring that its customer service policies, practices and procedures respect and promote the dignity and independence of all persons with disabilities. Therefore, McTague will, where practical, consider the impact on persons with disabilities before amending and/or changing this policy.