Austring Fairman & Fekete Law Firm — Privacy Policy
Effective: June 16, 2025
Austring Fairman & Fekete (“the Firm”) is committed to protecting the privacy, confidentiality, and security of personal information entrusted to us in the course of providing legal services. This Privacy Policy explains how we collect, use, disclose, and safeguard personal information in accordance with the Personal Information Protection and Electronic Documents Act (“PIPEDA”).
Definition of Personal Information
“Personal Information” means any information about an identifiable individual. This does not include business contact information such as name, title, business address, or telephone number of employees or representatives of organizations.
Our Professional Obligations
We recognize both our legal obligations and our professional duty as lawyers to maintain the confidentiality of information entrusted to us. We are committed to handling all personal information responsibly and ethically.
Why We Collect Personal Information
We collect personal information for purposes related to:
- Providing legal advice and representation;
- Managing client relationships;
- Complying with legal and professional obligations;
- Administering billing, payments, and accounting;
- Communicating with clients and other parties;
Preventing fraud and protecting against error or unauthorized activities.
In all cases, full and accurate information is required to properly advise, represent, and act on behalf of our clients.
How We Collect Personal Information
Where practical, we collect personal information directly from individuals. In certain circumstances, we may collect personal information from other sources, including:
- Government agencies and public registries;
- Other parties involved in a legal matter;
- Financial institutions, accountants, or other professionals;
- Opposing counsel or courts;
Other third parties with consent or as authorized by law.
By engaging our Firm, individuals consent to our collection, use, and disclosure of their personal information as required to provide legal services.
Consent and Exceptions
We generally obtain consent for the collection, use, or disclosure of personal information. However, in some circumstances, consent may not be required where authorized or permitted by law, including:
- When, at the time consent is deemed to be given, the purpose would be obvious to a reasonable person;
- Where collection, use, or disclosure is clearly in the individual’s interests and consent cannot be obtained in a timely manner;
- Where information is necessary for an investigation or legal proceeding;
- Where information is publicly available from authorized sources;
- Where otherwise required or permitted by law.
Accuracy and Safeguarding of Personal Information
We take reasonable steps to ensure that personal information is accurate, complete, and up to date. We also implement security measures to protect personal information from unauthorized access, collection, use, disclosure, copying, modification, or destruction. These measures include:
- Secure physical storage;
- Password-protected digital systems;
- Restricted access to personal information on a need-to-know basis;
- Confidentiality protocols for staff, contractors, and service providers.
Access to Personal Information
Individuals may submit written requests to access their personal information under our care and control. Upon receiving a valid request, we will provide:
- Access to personal information held about the requester;
- Details of how personal information has been used;
- A list of third parties to whom the information has been disclosed.
Access may be limited or denied where permitted or required by law, including where:
- Disclosure could reasonably be expected to threaten someone’s health or safety;
- Disclosure would reveal personal information about another individual;
- Disclosure would reveal the identity of an individual who has provided personal information about another individual providing the personal information does not consent to disclosure of his or her identity;
- Disclosure would reveal confidential commercial information that, if disclosed, could, in the opinion of a reasonable person, harm the competitive position of an organization;
- Information is protected by solicitor-client privilege;
- Information relates to ongoing investigations or legal proceedings;
- Information was collected without consent for the purpose of investigation or mediation/arbitration.
Reasonable fees may apply to cover costs of responding to access requests, as permitted by law.
Correction of Personal Information
Individuals may request corrections to their personal information. Upon receiving a written request:
- We will correct the information where appropriate and notify relevant third parties of the correction if reasonable;
- If a correction is not made, we will annotate the file to indicate that a correction was requested but not made.
Questions, Concerns, and Complaints
If you have questions or concerns about our privacy practices, or wish to make a request under this policy, please contact:
Privacy Officer
Mark Wallace
Austring Fairman & Fekete
3081 Third Avenue
Whitehorse, Yukon Y1A 4Z7
Telephone: (867) 668-4405
Facsimile: (867) 668-3710
E-mail: mwallace@lawyukon.com
If you remain dissatisfied after contacting us, you may contact the Office of the Privacy Commissioner of Canada:
Office of the Privacy Commissioner of Canada
30 Victoria Street, Gatineau, QC K1A 1H3
Telephone: 1-800-282-1376