Privacy Policy

Houser, Henry & Syron, LLP recognizes the importance of privacy and the sensitivity of personal information. 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. Personal information is any information that identifies an individual, or by which their identity could be deduced. Personal Information includes information about our employees, our clients and others. This Privacy Policy outlines how we manage Personal Information and safeguard privacy. The Personal Information Protection and Electronic Documents Act (the "Act") and the Canadian Standards Association Model Code for the Protection of Personal Information, which it incorporates applies to all businesses engaged in commercial activities.

To ensure compliance with this legislation, we have developed this policy. All lawyers and staff of Houser, Henry & Syron, LLP must understand and familiarize themselves with this policy and implement our practices regarding the handling of Personal Information. The Act gives individuals rights concerning the privacy of their personal information. Our obligations as lawyers goes further than the privacy of Personal Information and extends to all information that is given to us by our clients in connection with the legal services we provide to them, whether the information is Personal Information or other confidential information. We have an obligation of confidentiality to all our clients regarding their affairs.

Personal information is any information that identifies an individual, or by which their identity could be deduced. If we did not collect and use Personal Information we could not carry on our business and provide our clients with legal services. We collect information only by lawful and fair means and not in an unreasonably intrusive way. Wherever possible we collect Personal Information directly from individuals.

We use Personal Information to carry on business and to provide legal advice and services to our clients, to administer our client time and billing database and to include individuals in our direct marketing activities. If a client tells us that they no longer wish to receive information about our services, or about new developments in the law, we will not send any further material.

Houser, Henry & Syron, LLP does not disclose 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 others.

The Personal Information of our employees and clients may not be used or disclosed. There are certain circumstances, which may warrant obtaining, using or releasing personal information.

We may also obtain Personal Information from sources other than an individual such as:

• An insurance company;
• A real estate agent in a property transaction;
• From a government agency or registry;
• An employer;
• The individual's or a business' 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.

Under certain circumstances, Houser, Henry & Syron, LLP will disclose Personal Information. Examples are:

• When we are required or authorized by law to do so, for example if a court issues a subpoena;
• When the individual or business has consented to the disclosure;
• When the legal services we are providing 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 a third party to provide administrative services to us (like computer back-up services or archival file storage) and the third party is bound by our privacy policy;
• If we engage expert witnesses on a client's behalf;
• If we retain other law firms in other jurisdictions, on a client's behalf;
• If the information is already publicly known.

Since we use your personal information to carry on our business and to provide legal services, it is important that the information be accurate and up-to-date.

If any of your information changes, please inform us so that we can make any necessary changes. Houser, Henry & Syron, LLP takes all reasonable precautions to ensure that Personal Information is kept safe from loss, unauthorized access, modification or disclosure. Among the steps taken to protect Personal 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.

Any individual may ask for access to any personal information we hold about them.

Summary information is available on request. A more detailed request that requires archive or other retrieval costs may be subject to our normal professional and disbursement fees.

If Houser, Henry & Syron, LLP holds information about you and you can establish that it is not accurate, complete and up-to-date, we will take reasonable steps to correct it.

Your rights to access your personal information are not absolute.

We may deny access when:

• Denial of access is required or authorized by law (for example, when a record containing personal information about you is subject to a claim of legal professional privilege by one of our clients) ;
• Information relates to existing or anticipated legal proceedings against you;
• When granting you access would have an unreasonable impact on other people's privacy;
• When to do so would prejudice negotiations with you;
• To protect our firm's rights and property;
• Where the request is frivolous or vexatious.

If we deny your request for access to, or refuse a request to correct information, we will explain why. Houser, Henry & Syron, LLP does not use Social Insurance Numbers as a way of identifying or organizing the personal information we hold. 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 to 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 on occasion, request information about you from the files of consumer reporting agencies. 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.

Since Houser, Henry & Syron, LLP may periodically review its policies and procedures; we may change our Privacy Policy from time to time.

If you have any questions, or wish to access your personal information, please write to us at:

Houser Henry & Syron LLP
Suite 2000
145 King Street West
Toronto, Ontario
M5H 2B6
Attention: Privacy Officer
Tele: 416-362-3411
Fax: 416-362-3757

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

If you apply to Houser, Henry & Syron, LLP for a job, 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, which you accept, the information will be retained in accordance with our privacy procedures for employee records.

Web Site

Our website contains links to other sites, which are not governed by this privacy policy.

On our website, like most other commercial websites, we may monitor traffic patterns, site usage and related site information in order to optimize our web service. We may provide aggregated information to third parties, but these statistics do not include any identifiable personal information.

Releasing personal information:

• When Houser, Henry & Syron, LLP is required by law to do so;
• When the client has consented;
• When the legal services we are providing to our client requires the Firm to give the client information to third parties;
• Where it is necessary to establish or collect fees;
• If the Firm engages an expert witness on behalf of our client;
• If the Firm engages a third party to provide administrative services for the Firm, the third party is bound by the Firm's privacy policy;
• If the Firm retains other law Firms in other jurisdictions, on behalf of our client;
• If the Firm is aware that the personal information of the client is already known publicly
• All members of the Firm must abide by the guidelines set out in this policy. The Firm has appointed a Chief Privacy Officer ("CPO"). Any questions regarding this policy should be directed to the CPO, or, in the CPO's absence, to a Partner of the Firm.