Brunner and Lundy recognizes the importance of privacy and the sensitivity of personal information. We are committed to protecting, in accordance with applicable legislation, the accuracy, security and privacy of any personal information we hold. For these reasons, we have created the following privacy policy (“Privacy Policy”). This Privacy Policy outlines how we manage your personal information and safeguard your privacy.


Consent 

BY SUBMITTING PERSONAL INFORMATION TO BRUNNER AND LUNDY OR ITS SERVICE PROVIDERS AND AGENTS, YOU AGREE THAT WE MAY COLLECT, USE AND DISCLOSE SUCH PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND AS PERMITTED OR REQUIRED BY LAW. Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the identified purposes at any time by contacting the Brunner and Lundy Chief Privacy Officer. If you refuse or withdraw your consent, we may not be able to provide you or continue to provide you with certain services or information which may be of value to you. If you provide Brunner and Lundy or our service providers and agents with personal information of another individual, you represent that you have all necessary authority and/or have obtained all necessary consents from such person to enable us to collect, use and disclose such personal information for the purposes set forth in this Privacy Policy.

What Personal Information do we collect? 

Canadian privacy legislation defines “Personal Information” broadly as information about an identifiable individual or as information that allows an individual to be identified. Generally speaking, Personal Information does not include what is considered business contact information such as an employee’s name, title or position, business address, business telephone number, facsimile number, or e-mail address. The types of Personal Information that Brunner and Lundy may collect about you includes your name, home address, home telephone number, personal e-mail address, billing and account information, information about the particular legal issue and other information incidental to providing legal advice and services (including Personal Information about witnesses, family members, beneficiaries, directors, officers, employees, adverse parties, parties-in-interest, investigators, decision makers, experts, other professional advisors, and our clients’ business partners, investors, shareholders, competitors and customers who are individuals).

Why do we collect your Personal Information? 

In general, Brunner and Lundy collects, uses and discloses Personal Information about our clients in order to provide our clients with professional legal services. More specifically, we collect, use and disclose Personal Information for the following purposes:

• to establish and manage client relationships, provide legal advice, perform legal services, fulfill legal duties and avoid conflicts of interest. This may include the sharing of Personal Information by and between Brunner and Lundy personnel;
• to share Personal Information to and from third parties for the purpose of providing legal services. Such third parties may include opposing parties, parties in interest, opposing, foreign and other counsel and advisors, witnesses, decision-makers and experts;
• to consider whether Brunner and Lundy should establish a commercial relationship with clients, suppliers and other third parties, including to evaluate credit standing and to match credit bureau or credit reporting agency information;
• to establish and maintain commercial relationships with clients, suppliers and other third parties, including to issue invoices, administer accounts, collect and process payment and to fulfil contractual obligations;
• to develop, enhance, market, sell or otherwise provide Brunner and Lundy’s services;
• to distribute our newsletters, conference information and other material to individuals on our mail and e-mail lists;
• to develop and manage Brunner and Lundy’s business and operations;
• to detect and protect Brunner and Lundy and other third parties against error, negligence, breach of contract, fraud, theft and other illegal activity and to audit compliance with Brunner and Lundy’s policies and contractual obligations;
• to engage in business transactions, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Brunner and Lundy;
• as permitted by, and to comply with, any legal or regulatory requirements or provisions; and
• for any other purpose to which you consent.

To whom do we disclose your Personal Information? 

From time to time, Brunner and Lundy may disclose your Personal Information to:

• service providers, including an organization or individual retained by Brunner and Lundy to perform functions on its behalf, such as marketing, data processing, document management and office services;
• an organization or individual retained by Brunner and Lundyto evaluate your creditworthiness or to collect debts outstanding on an account;
• a financial institution, on a confidential basis and solely in connection with the assignment of a right to receive payment, the provision of security or other financing arrangements;
• a person who, in the reasonable judgment of Brunner and Lundy, is providing or seeking the information as your agent; or
• any third party or parties, where you consent to such disclosure or where disclosure is required or permitted by law.

Where do we store your Personal Information? 

Your Personal Information is stored in secured locations and on servers controlled by Brunner and Lundy, located either at our offices or at the offices of our service providers.

How may you obtain access to your Personal Information? 

Upon your written request, subject to certain exceptions, Brunner and Lundy will inform you of the existence, use and disclosure of your Personal Information and will give you access to that information. Access requests should be sent to our Chief Privacy Officer, using the contact information below.

How do we protect your Personal Information? 

To help protect the confidentiality of your Personal Information, Brunner and Lundy employs administrative and technological safeguards appropriate to the sensitivity of your Personal Information. For instance, we operate secure data networks protected by industry standard firewall and password protection systems. In addition, where Personal Information is sent to a third party for processing, we take reasonable steps, through our contracts with them, that all Personal Information is kept secure.

Privacy and our Website 

In order to provide our website visitors with a service or information, visitors may voluntarily submit Personal Information to us for purposes such as asking a question, obtaining information, or reviewing or downloading a publication. 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.

Changes to the Privacy Policy 

Brunner and Lundy reserves the right to modify or supplement this Privacy Policy at any time. If we make a change to this Privacy Policy, we will post such changes on our website and make such revised policy and changes available upon request to the Brunner and Lundy Chief Privacy Officer. However, Brunner and Lundy will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your Personal Information for purposes other than those to which consent has been obtained unless otherwise required or permitted by law.

Further Information 

Brunner and Lundy has appointed Andrew Lundy as Chief Privacy Officer to oversee compliance with this Privacy Policy and applicable privacy laws. For information on Brunner and Lundy’s privacy practices, please contact its Chief Privacy Officer at: 

Brunner and Lundy
Chief Privacy Officer

360 Bay Street
Suite 302
Toronto, ON 
M5H 2V6
Email: alundy@brunnerandlundy.com
Tel: 416.966.9325
Fax: 416.966.9955