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Privacy Policy

Egan LLP is committed to respecting personal privacy. We recognize and respect every individual's right to privacy and acknowledge our obligation to preserve the confidentiality of personal information.

This Privacy Policy applies to Egan in its collection, use and disclosure of personal information in the course of commercial activities. These standards are in addition to our usual professional obligations of confidentiality relating to all client information in accordance with the rules established by the Law Society of Upper Canada.

Egan does not collect, use or disclose personal information except for the purposes of conducting its business of providing legal services to its clients. Egan reserves the right to modify the terms and conditions of this Privacy Policy at any time, and such modifications shall be effective immediately, unless otherwise provided.

The Protection of Personal Information

Egan collects, uses and discloses personal information in accordance with all applicable laws and the following 10 principles, which reflect the principles articulated in Canadian privacy legislation.

Personal information is information about an identifiable individual, recorded in any form and includes, but is not limited to, such things as race, ethnic origin, age, marital status, religion, education, medical, criminal, employment or financial information, address and telephone number or numerical identifiers such as a Social Insurance Number. It does not include business contact information relating to an employee of an organization.

The 10 Privacy Principles

  1. Accountability
  2. Identifying Purposes
  3. Consent
  4. Limiting Collection
  5. Limiting Use, Disclosure, and Retention
  6. Accuracy
  7. Safeguards
  8. Openness
  9. Individual Access
  10. Challenging Compliance

1. Accountability

Egan is responsible for the personal information under its control and has designated a Privacy Officer who is accountable for ensuring the firm's compliance with this Privacy Policy. The Privacy Officer may, from time to time, designate one or more other individuals within Egan to act on his or her behalf. The Privacy Officer may be contacted as follows:

Privacy Officer
Egan LLP
EY Tower
P.O. Box 251, 222 Bay Street
Toronto-Dominion Centre
Toronto, Ontario
M5K 1J7

EYCanada.Privacy.Officer@ca.ey.com

Egan is also responsible for personal information that has been transferred to a third party for processing. We may transfer personal information to third parties for reasons such as data warehousing or administrative services, where the third parties do not make any independent use of the personal information. The firm will use contractual or other means to require such parties to commit to protecting personal information to a level comparable to that provided by Egan.

Egan's policies and practices that give effect to the principles and procedures in this Privacy Policy, include:

(a) procedures to protect personal information;
(b) procedures to receive and respond to complaints and inquiries; and
(c) training staff and communicating to staff information about Egan's policies and practices.

Egan will monitor compliance with the policies and procedures in this Privacy Policy on an ongoing basis.

2. Identifying Purposes

Egan will identify the purposes for which personal information is collected at or before the time it is collected. The purposes for which information is collected used or disclosed by Egan must be those that a reasonable person would consider are appropriate in the c ircumstances. When Egan uses personal information that has been collected for a purpose not previously identified, it will identify the new purpose for the individual to whom the personal information relates prior to using the information in that manner except as permitted or required by law.

3. Consent

Egan will obtain the consent of the individual for the collection, use or disclosure of personal information, except where not required to do so by law. To make the consent meaningful, Egan will ensure the individual is advised of the purposes for which the personal information is used or disclosed in a reasonably understandable manner.

The form and manner of obtaining consent may vary from express written consent to implied consent, depending upon the circumstances and the type of information. In determining the form and manner of consent, Egan will take into account the sensitivity of the information and the reasonable expectations of the individual.

We will collect, use or disclose personal information without consent only where permitted or required by law. For example, when information is being collected for the detection and prevention of fraud, seeking the consent of the individual might defeat the purpose of collecting the information.

Individuals may withdraw their consent at any time, subject to legal or contractual restrictions, by providing reasonable notice to Egan. Egan will inform the individual of the implications, if any, of such withdrawal.

4. Limiting Collection

Egan will limit the collection of personal information to that which is necessary for the identified purposes. Egan will only collect personal information by fair and lawful means, and for purposes that a reasonable person would consider appropriate in the circumstances.

5. Limiting Use, Disclosure and Retention

Egan will not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual or as required or permitted by law. Egan will only use or disclose personal information for purposes that a reasonable person would consider appropriate in the circumstances. Egan generally uses personal information about clients for fair and legitimate purposes relating to the provision of professional services, including obtaining and carrying out client instructions, reporting and communicating with clients, billing and accounting and protecting against fraud, illegal activities and error.

Egan LLP is an independent law firm allied with Ernst & Young LLP under the terms of an affiliation agreement filed with the Law Society of Upper Canada. The provision of its legal services may necessitate the exchange of information with members of the global network of EY and law firms cooperating with members of the global network of EY. This would be done in order to fulfill its professional duties, to prevent conflicts of interest and to ensure EY’s independence as well as to introduce and implement standardized documentation systems.

EY also provides certain financial and administrative services to Egan and Egan may disclose to EY the terms of the engagement to provide services to you and financial or administrative matters relating to the performance of that engagement. Information disclosed to members of the global network of EY may be stored outside of Canada.

Egan shall retain personal information for the period of time necessary to fulfil the purposes for which the personal information was collected and in accordance with Egan's document retention policies. These policies take into account the rules of professional conduct which govern the practice of law and any applicable legal or regulatory requirements. Personal information no longer required to fulfil its identified purposes will be destroyed, erased or made anonymous in a secure manner in accordance with Egan's document retention policies.

6. Accuracy

Egan will endeavour to ensure that personal information will be as accurate, complete, and up-to-date as is necessary to fulfil the purposes for which it is to be used. The firm will not routinely update personal information, unless this is necessary to fulfil the purposes for which the information was collected.

7. Safeguards

Egan will take reasonable measures to protect all personal information against loss or theft as well as unauthorized access, disclosure, copying, use or modification by security safeguards appropriate to the sensitivity of the information.

Depending on the sensitivity of the information, the methods of protection may include:

(a) physical measures (e.g., locked filing cabinets and restricted access to offices);
(b) organizational measures (e.g., security clearances and policies governing access to information); and
(c) technological measures (e.g., the use of passwords and encryption).

8. Openness

Egan will make readily available to individuals specific information about its policies and practices relating to the management of personal information. All enquiries about this Privacy Policy or the firm's personal information management practices are to be referred to the Privacy Officer.

9. Individual Access

Upon request, Egan will inform an individual of the existence, use, and disclosure of his or her personal information and provide access to that information, except where access is not required by law. Individuals can challenge the accuracy and completeness of personal information controlled by Egan and may have it amended, if appropriate.

10. Challenging Compliance

All enquiries about this Privacy Policy or the personal information management practices of Egan are to be referred to our Privacy Officer as indicated in paragraph (1). We will inform individuals who make inquiries or lodge complaints about our complaint procedures. Egan will investigate all complaints. If a complaint is found to be justified, we will take appropriate measures, including, if necessary, amending our policies and practices.

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