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Privacy Policy

Last Update: October 17, 2023

Introduction

Osler, Hoskin & Harcourt LLP and its management services provider Carthos ("Osler" or "we") are committed to protecting the personal information that we collect, use and disclose in the course of providing legal services and operating our law firm, in accordance with all applicable regulatory requirements, including applicable privacy legislation, and consistent with our professional obligations. As practicing lawyers we have professional and ethical obligations to maintain information we have received within our client relationships in confidence.

This Privacy Policy sets out how we collect, use, and disclose the personal information of our clients, other individuals and our web site visitors ("you").

Table of Contents

Personal Information

Personal information means information about an identifiable individual. In general, personal information does not include business contact information that we use to contact you in your business capacity, including your name, title or position, business, telephone or facsimile number.

Accountability and Privacy Governance Policies and Procedures

Osler is responsible under applicable privacy legislation for the personal information in our possession or control. We have appointed a Privacy Officer to oversee privacy matters for our firm. Our Privacy Officer can be reached as set out below in the Contact  Us section.

We are committed to protecting personal information and have established policies and procedures that govern our treatment of personal information. These policies and procedures include, among other things, the following:

  • We have implemented policies and procedures to protect personal information in our custody and control from unauthorized access, use or disclosure.
  • We have implemented processes to respond to data subject requests and complaints in a timely and effective manner.
  • We have implemented a privacy framework that defines the roles and responsibilities for our employees with respect to the treatment of personal information.

Means of Collection of Personal Information

In most cases, we collect personal information directly from individuals. However, we may also receive information indirectly such as background screenings for job applicants. We also collect personal information through automatic means through our Websites as described below.  

What Personal Information Do We Collect and Use?

Provision of Legal Services: Osler collects, uses and discloses personal information for the primary purpose of providing our clients with professional legal services and representation, including for the following purposes:

  • to establish and manage client relationships, provide legal advice, perform legal services, fulfil legal duties (including Know Your Client obligations), and avoid legal conflicts of interest;
  • to share personal information with third parties for the purpose of providing legal services in the context of legal proceedings, including conducting litigation, arbitrations, mediations or other proceedings. Such third parties may include opposing parties, parties in interest, opposing, foreign and other counsel and advisors, witnesses, courts, adjudicators, arbitrators, other decision-makers and experts;
  • to represent clients in the context of business transactions involving the exchange or disclosure of personal information, including by 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 to issue invoices, administer accounts, collect and process payments, evaluate credit standing, and to fulfil contractual obligations;
  • to contact and communicate with clients and other individuals for the purpose of conducting market research, and evaluating client service and satisfaction;
  • to maintain, develop and manage our information systems, such as file transfer, e-discovery, document management, knowledge-management, and precedent systems and databases;
  • to detect and protect against error, negligence, breach of contract, fraud, theft and other illegal activity, and where necessary to meet our insurance requirements;
  • to develop and manage our business and operations; and
  • as permitted by, and to comply with, applicable legal or regulatory requirements or provisions.

We keep records of the work performed and services provided by us in accordance with applicable regulatory requirements and professional standards. These records may include personal information. Our records are stored with safeguards against inappropriate or unauthorized access (see Safeguards).

We may ask you to update your personal information, contact information or preferences from time to time. Clients are encouraged to contact the lead lawyer on their file to update the personal information we maintain in our client files.

Newsletters, Publications, Seminars: If you sign up to receive our newsletters or other information from Osler, we collect your first and last name, email address, preferred language, job title, company, city, province/state, and country in order to send you newsletters and event information. You can unsubscribe at any time by clicking the “unsubscribe” link included at the bottom of each email. Alternatively, you can opt out of receiving email marketing communications by contacting us using the contact information provided in the “Contact Us” section below or emailing unsubscribe@osler.com. To opt-out of receiving our print publications, please contact us using the contact information provided in the “Contact Us” section below.

Please note that you may continue to receive legal services-related or account-related communications from us.

Events: If you attend one of our events (or visit a booth at an event), we may collect business contact information such as your first and last name, company name, work email address, phone number, dietary restrictions, and accessibility requirements. We collect this information so that we can service you appropriately at our events and contact you about future events, promotions, offers and information about our services. We may contact you by email after an event with a survey for the purpose of evaluating your satisfaction with an event.

Job Applicants: If you apply for a job with us, we collect personal information you provide in connection with a job application or related inquiry, such as information contained in a resume, cover letter, or similar employment-related materials. We use this information for the purpose of processing and responding to your application for current and future career opportunities, conducting interviews and facilitating the on-boarding process in the event you accept a position at the firm. With your consent, we may also obtain personal information from third party job references or former employers, or conduct background checks.

If you apply for a summer job at Osler through the law student recruitment process, we collect personal information such as your name, address, email address, phone number, school name, school transcripts, resume, cover letter, reference letter, upper year course selections, and any additional information or content required for the application or that you otherwise provide. We use this information to assess your suitability for a position at the firm, to conduct interviews and to facilitate the on-boarding process in the event you accept a position at the firm.

Scholarships: If you apply for an Osler scholarship (such as an Osler Diversity Scholarship), we may collect your name, pronouns,  address, email address, phone number, school name, expected year of graduation, school transcripts, name and contact information of your references, information on your demonstrate commitment to being a diversity leader (for the Diversity Scholarship) and any additional information or content required for the application or that you otherwise provide. We use this information to evaluate and process your application, confirm your eligibility, obtain references from third parties whose contact information you provide and, if successful, facilitate payment to you.  

Alumni Relations: If you become an alumni of Osler, we may collect your name and email address to provide alumni related services, such as facilitating connecting and providing information and resources. If you agree to receiving electronic communications from us, you will receive emails containing alumni related information. You can unsubscribe at any time by clicking the “unsubscribe” link included at the bottom of each email. Alternatively, you can opt out of receiving email marketing communications by contacting us using the contact information provided in the “Contact Us” section below or emailing unsubscribe@osler.com.

Consent

We will obtain a client's consent to the collection, use and disclosure of personal information about the client, and the consent of other individuals where required by applicable privacy legislation. We assume that an individual has consented to our reasonable collection and use of personal information consistent with the purposes for which the information was given, when the individual initiates contact with us or voluntarily provides personal information to us. We also assume that clients who retain us, or individuals involved in proceedings or matters opposite or adverse to our clients, consent to the reasonable collection, use and disclosure of their personal information by our professionals and agents for purposes of our representation or provision of legal advice to our clients and the conduct of the transactions or proceedings involving our clients. If you provide us with personal information about a third party, we rely on you to obtain all necessary consents to permit us to collect, use and disclose the personal information for the purposes for which the information was collected and as set out in this Privacy Policy.

We do not collect, use or disclose personal information without consent unless authorized or required by law to do so, such as in the following circumstances:

  • if a client provides personal information about third parties to us for purposes of our legal representation or advice to the client;
  • where a court order or subpoena is issued, or under applicable rules of production, a regulatory or other body with jurisdiction to compel production so requires;
  • when the information is publicly available within the meaning of applicable privacy legislation, such as in professional or other directories, in public registries, publicly-filed court records or information appearing in published form;
  • if we are investigating the breach of an agreement, a legal duty or contravention of a law and obtaining consent would compromise the investigation or the accuracy of the information;
  • if we are required to disclose personal information to a lawful authority; or as otherwise authorized by law.

Sharing of Personal Information

Legal services: We may share personal information with third parties for the purpose of providing legal services such as in the context of legal proceedings, including conducting litigation, arbitrations, mediations or other proceedings. Such third parties may include opposing parties, parties in interest, opposing, foreign and other counsel and advisors, witnesses, courts, adjudicators, arbitrators, other decision-makers and experts.

Service Providers: We rely on affiliated and unaffiliated companies, agents and contractors to assist us with the provision of our services, including: hosting our data; providing billing support; document storage; software support; delivering webinars; sending our communications; conducting background checks; managing job applicants; and facilitating secure file transfers.

We provide our service providers with access to your personal information as  necessary for them to provide services to us. We require our service providers to protect the confidentiality and security of personal information and our service providers are not authorized to use personal information for other purposes. 

Legal Requirements:  We or our third-party service providers may disclose personal information in response to a search warrant or other legally valid inquiry or order, to other organizations in the case of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud, or as otherwise required or permitted by applicable Canadian, US or other law (which may include lawful access by Canadian, US or other foreign governmental authorities, regulators, courts or law enforcement agencies in the jurisdictions in which we or our service providers operate). 

Business Transactions: Personal information may be disclosed where necessary in connection with a prospective or completed sale of assets, merger or other corporate restructuring.

Transfer of Personal Information

Client data is stored and processed in Canada; however, we and our service providers (including affiliates) may otherwise access, store and otherwise process non-client personal information outside of Canada (including, for Quebec individuals, outside of the province of Quebec), including in the United States, the United Kingdom, the European Union, and other foreign jurisdictions.

Information about our Websites

Visiting our Website: In general, you can visit our Website without telling us who you are or submitting any personal information. However, we collect the IP (Internet protocol) addresses of all visitors to our Website and other related information such as page requests, browser type, operating system and average time spent on our Website. We use this information to help us understand our Website activity and to monitor and improve our Website.

Cookies:  Our Website uses a technology called "cookies". A cookie is a tiny element of data that our Website sends to a user’s browser, which may then be stored on the user’s hard drive so that we can recognize the user’s computer or device when they return. Other similar files such as clear GIFs, web beacons and pixel tags work in the same way and we use the word ‘cookie’ in this policy to refer to all files that collect information in this way. You may set your browser to notify you when you receive a cookie or to not accept certain cookies. However, if you decide not to accept cookies from our Website, you may not be able to take advantage of all of the Website features. For more information about the use of cookies and your choices, please click on the cookie icon located on the bottom left-hand corner of the web page, located here: https://alumni.osler.com/en

Analytics: We may use a third party such as Google Analytics to help us gather and analyze information about the areas visited on the Website (such as the pages most read, time spent, search terms and other engagement data) in order to evaluate and improve the user experience and the Website. These third parties may use cookies and other tracking technologies. For more information about Google Analytics or to prevent the storage and processing of this data (including your IP address) by Google, you can download and install the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en. You can also obtain additional information on Google Analytics’ data privacy and security at the following links:

https://policies.google.com/technologies/partner-sites and

https://support.google.com/analytics/topic/2919631

Interest-Based Advertising: We work with third-parties such as ad networks and other advertising companies that use their own tracking technologies (including cookies and pixel tags) on our Website in order to provide you with tailored advertisements across the Internet. These companies may collect information about your activity on our Website and third-party websites (such as web pages you visit and your interaction with our advertising and other communications) and use this information to analyze your behaviours to make predictions about your interest and preferences, develop personalized content and deliver ads that are more relevant to you on third party websites. This process is known as “behavioural advertising” or “interest-based advertising”. This information may also be used to evaluate the effectiveness of our online advertising campaigns.

Opting-out of Interest-Based Advertising: To opt-out of receiving online interest-based advertising from third party advertising companies who collect data on our Website, please click on the cookie icon located on the bottom left-hand corner of the web page, located here: https://alumni.osler.com/en

For more information about interest-based advertising and to understand your options, including how you can opt-out of receiving behavioural ads from third-party advertising companies participating in the Digital Advertising Alliance of Canada, please visit the Digital Advertising Alliance of Canada website at http://youradchoices.ca/choices.

  • Please note that even if you opt-out of interest-based advertising by a third party, these tracking technologies may still collect data for other purposes including analytics and you will still see ads from us, but the ads may be less relevant to you and your interests.
  • To successfully opt out, you must have cookies enabled in your web browser (see your browser’s instructions for information on cookies and how to enable them). Your opt-out only applies to the web browser you use so you must opt-out of each web browser on each computer you use. Once you opt out, if you delete your browser’s saved cookies, you will need to opt-out again.

Third Party Links:  Our Website may contain links to other websites that Osler does not own or operate. We provide links to third party websites as a convenience to the user. These links are not intended as an endorsement of or referral to the linked websites. The linked websites have separate and independent privacy policies, notices and terms of use. We do not have any control over such websites, and therefore we have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose, secure and otherwise treat personal information. We encourage you to read the privacy policy of every website you visit.

Safeguards

We have implemented reasonable administrative, technical and physical measures in an effort to safeguard the personal information in our custody and control against theft, loss and unauthorized access, use, modification and disclosure.

Your Choices

As indicated above, if you have signed up to receive our email communications, you can unsubscribe any time by clicking the “unsubscribe” link included at the bottom of the email. Alternatively, you can opt out of receiving our marketing communications by contacting us at the contact information under Contact Us section below.

To opt out of interest-based advertising, see the “Opting-out of Interest-Based Advertising” section above.

You can also withdraw your consent at any time by contacting us as set out below.

Your Rights

You may have the right to access, update, rectify and correct inaccuracies in your personal information. You may also have the right to withdraw your consent to our collection, use and disclosure of personal information (subject to legal and contractual restrictions). You may also request that we cease dissemination of your personal information or de-index your personal information where we are required to do so by applicable law. 

To exercise these rights, please send a written request to our Privacy Officer using the contact information as set out in the Contact Us section below.

Such requests will be processed subject to exceptions under applicable privacy legislation. Examples of such exceptions include information protected by solicitor-client privilege; information generated in the course of a formal dispute resolution process; information about another individual where disclosure would reveal confidential commercial information; or information disclosed to the police or other lawful authorities where we are required to withhold disclosure.

Updates to the Privacy Policy

We may update our Privacy Policy periodically to reflect changes to our privacy practices.  We encourage you to periodically review this page to ensure you are familiar with those changes. We will indicate at the top of this privacy policy when it was most recently updated.

Contact Us

If you have any questions, complaints or comments about this privacy policy or the manner in which we or our service providers treat your personal information, or to request access to our collection of your personal information, please contact us at:

Privacy Officer
Osler, Hoskin & Harcourt LLP
100 King Street West
1 First Canadian Place
Suite 6200, P.O. Box 50
Toronto ON  M5X 1B8
or

privacyofficer@osler.com

or, for individuals in Quebec,

Quebec Privacy Delegate
Osler, Hoskin & Harcourt LLP
1000, rue De La Gauchetière Ouest
Bureau 2100
Montréal QC  H3B 4W5
or

privacyofficer@osler.com