II. GOVERNING LAW
III. PRIVACY OFFICER
The Privacy Officer is responsible for:
IV. PURPOSES OF COLLECTING, USING AND/OR DISCLOSING PERSONAL INFORMATION ON THE REGISTRATION QUESTIONNAIRE
We collect, use and/or disclose registration information in order to:
- Gain insight into the merits of the proposed class action, the size of the class, location of putative class members, and the impact of the proposed class action on the registrants, including the damages experienced.
- Reach out to registrants for additional information relevant to the class proceedings;
- Conduct a survey of the registrants for the purposes of leading evidence at the certification motion or trial and to assess the aggregate damages;
- Provide information to individuals who self-identify as putative class members in proposed class actions being prosecuted by our firm;
- Share registrant information with a professional claims administrator appointed by the Court to facilitate notification of a settlement and distribution of the settlement funds; and
- Prepare and distribute marketing materials and useful legal information to prospective clients, and generally to develop business. (“Purpose”)
When you provide personal information voluntarily for a specific purpose, we rely on your implied consent to use the personal information for that purpose. We will also imply your consent to collect or receive any supplementary information that is necessary to fulfill the same purpose. Your consent will be obtained if, or when, a new purpose for use of that personal information is identified.
We may use your personal information without your consent only in accordance with professional rules of confidentiality, and where:
- we have reasonable grounds to believe the information could be useful when investigating a contravention of a federal, provincial or foreign law and the information is used for that investigation;
- an emergency exists that threatens an individual’s life, health or security;
- the information is for statistical study or research;
- the information is publicly available;
- the use is clearly in your interest, and consent is not available in a timely way;
- knowledge and consent would compromise the availability or accuracy of the information; or
- collection is required to investigate a breach of an agreement.
Information from children
We do not knowingly collect personal information from children (anyone under 18 years of age) over the telephone or in person without a parent’s express oral consent. When collecting personal information electronically (by web-form or e-mail) we do not verify the age of the person from whom we are collecting information. In the absence of any indication to the contrary, we will assume anyone supplying us with information online is over 18 years of age. Parents are strongly encouraged to discuss responsible Internet use and personal information disclosure with their children.
Consent to collection, use and/or disclosure of personal information may be withdrawn at any time by writing to our Privacy Officer. We will inform you of any implications connected to withdrawing your consent.
VI. LIMITING COLLECTION, USE & DISCLOSURE
Disclosure to third parties
Personal information may be disclosed to third parties without your knowledge and consent only in accordance with professional rules of confidentiality, and as follows:
- if the transfer is simply for processing purposes, the third party only uses the information for the purposes for which it was transferred, and we have ensured that the third party has appropriate contractual safeguards are in place as contemplated in Principle 4.1.3 of Schedule 1 of the PIPEDA;
- to a lawyer representing us;
- to comply with a subpoena, a warrant or an order made by a court or other body with appropriate jurisdiction;
- to a law enforcement agency in the process of a civil or criminal investigation; or
- as otherwise required by law.
In all other circumstances, your informed consent will be obtained before your personal information is disclosed to third parties.
We retain contact information and registration information about individuals for the period of time the individual subscribes to receive communications from us and does not opt out of receiving such communications. We may at our option delete any and all information from our data base and registration system.
Destruction of information
We use a reputable and experienced software security company to build the registration system and provide security solutions with the goal of keeping registration information safe and secure.
Upon written request to our Privacy Officer, you have the right to be informed of the existence, use and disclosure of your personal information, and to request access to your personal information, as well as an account of the use that has been made or is being made of your personal information, and of any disclosures that were or may have been made to third parties of your personal information.
Upon verification of your identity, the Privacy Officer will respond to any such requests in accordance with the timelines set out in s. 8 of the PIPEDA. We may refuse to provide access to personal information where:
- the information is protected by solicitor-client privilege;
- to provide access would reveal confidential commercial information;
- the information was collected without consent in the course of investigation into the breach of an agreement or of a law of Canada or any Canadian provinces or territory;
- the information was generated in the course of a formal dispute resolution process; or
- access is otherwise limited by the PIPEDA.
Any refusal of access will be made in writing, setting out the reasons and the recourses available.
You have the right to challenge the accuracy and completeness of your personal information and amend it as appropriate. Amended information shall be transmitted to any third parties having access to the information in question, where and as appropriate. Information contained in inactive files is not updated./p>
Upon verification of your identity, the Privacy Officer will respond to any such requests in accordance with the timelines set out in s. 8 of the PIPEDA.