Tomm Law is committed to using and safeguarding the personal information in its custody in accordance with applicable privacy legislation. This Personal Information Protection Policy (the “Policy”) outlines the principles and practices it follows in protecting personal information.
Matthew Tomm is the privacy officer for Tomm Law (the “Privacy Officer”) and is responsible for ensuring that Tomm Law complies with this Policy and applicable privacy legislation. Anyone with questions or concerns about personal information is encouraged to raise them with the Privacy Officer.
What is Personal Information?
“Personal Information” means information about an identifiable individual. It includes information such as the individual’s address and phone number, gender, age, ID numbers, income, ethnic origin or medical records.
Generally speaking, Personal Information does not include business contact information, such as the individual’s name (if he or she is a representative of a business), title or position, business address, business telephone or facsimile number, or business e-mail address. Personal Information also does not include health information as defined in, and to the extent regulated by, the Alberta Health Information Act.
Purposes for the Collection, Use and Disclosure of Personal Information
Tomm Law may collect Personal Information that is needed for the purposes of providing services to its clients or other purposes related to its business, including (without limitation) to:
- open and manage client accounts or files;
- deliver requested services;
- contact clients about appointments or services;
- follow up with clients to determine satisfaction with services; and
- meet regulatory requirements.
As appropriate, individuals will be notified of the purpose for the collection, use or disclosure of Personal Information before such collection, use or disclosure. However, Tomm Law does not provide this notification where the individual provides the information for a reasonably obvious purpose (such as producing a credit card for payment of an invoice).
Consent to the Collection, Use and Disclosure of Personal Information
Tomm Law will only collect, use or disclose Personal Information with the individual’s consent, unless authorized or required by law to collect, use or disclose it without consent. Consent may be implied in cases where the individual volunteers information for an obvious purpose.
An individual may withdraw consent to the use or disclosure of Personal Information at any time, unless the Personal Information is necessary for Tomm Law to fulfil its legal obligations. Tomm Law will respect the individual’s decision, but it may not be able to provide certain products and services if it does not have the necessary Personal Information.
The collection, use or disclosure of Personal Information without consent is authorized or required by law in certain circumstances, which may include (without limitation) where:
- the information is found in publicly available sources;
- the collection, use or disclosure of the information is required or authorized by statute, regulation or legislative instrument;
- the collection, use or disclosure of the information is in the interests of the individual and consent cannot be obtained in a timely way, or one would not reasonably expect the individual to withhold consent;
- the collection, use or disclosure of the information is reasonable for the purposes of an investigation or a legal proceeding; and
- the collection, use or disclosure of the information is part of an audit of Tomm Law.
Security of Personal Information
Tomm Law endeavours to maintain appropriate security over its offices and information storage facilities so as to prevent any unauthorized access, disclosure, copying, use or modification of Personal Information.
Retention of Personal Information
Tomm Law will keep Personal Information only as long as it is reasonably required for legal or business purposes and in accordance with its practices or as required by law.
Access to, and Accuracy of, Personal Information
Individuals have a right of access to their own Personal Information that is in the custody of Tomm Law, or to have errors or omissions corrected, subject to applicable exemptions or circumstances in which Tomm Law will be authorized or required by law to refuse the request. Upon receiving a written request, and subject to any applicable exemptions, Tomm Law will provide the individual access to Personal Information about them; will inform the individual about the use or disclosure of the Personal Information; and will address any errors or omissions in the Personal Information, as may be necessary.
All requests must be in writing addressed to the Privacy Officer and must provide sufficient detail to enable the Privacy Officer to identify any record containing the Personal Information requested, with reasonable effort.
Tomm Law will respond to requests within 45 days, subject to legislated requirements or exemptions.
Concerns of a Privacy Breach
If you believe that Tomm Law or anyone associated with it has acted or is about to act in contravention of this Policy or any applicable privacy laws, or if you are aware of a real or suspected privacy breach, you should inform the the Privacy Officer without delay. The Privacy Officer will then investigate your complaint and take appropriate action. The confidentiality of your complaint will be protected to the extent reasonable in the circumstances, subject to any applicable legislation or requirements for disclosure as part of the investigation.
Nothing in this Policy prevents any person from contacting the Office of the Information and Privacy Commissioner of Alberta.
Tomm Law reserves the right to amend, supplement or replace this Policy at any time.