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Terms of Use & Privacy Policy

This Privacy Policy is applicable to Brutto Law Professional Corporation (also referred to herein as BLPC) and sets out our policy on the gathering and use of information on this site and any other sites we own. We are committed to providing safe websites for visitors of all ages and implemented this Privacy Policy to demonstrate our firm commitment to your privacy.  BLPC complies with Canadian Federal and Provincial privacy laws and regulations including the Personal Information and Electronic Documents Act.

There may be links from our site to other websites; note that this Privacy Policy applies only to our Sites and not to websites of other companies or organizations to which our site may be linked. You must check on any linked sites for the privacy policy that applies to that site and/or make any necessary inquiries in respect of that privacy policy with the operator of the linked site. These links to third-party websites are provided as a convenience and are for informational purposes only. We do not endorse, and are not responsible for, these linked websites.

Terms of Use

This website (“Site”) is owned and operated by Brutto Law Professional Corporation (“BLPC”).  By accessing this Site, you are agreeing to be bound by these Terms of Use (“Terms”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.  If you do not accept any term or condition contained in these Terms, you should immediately discontinue any use or access to this Site.  The content appearing on this Site may contain technical, typographical, or photographic errors and BLPC does not warrant that any of the materials on the Site are accurate, complete, or current.  BLPC may make changes to the materials contained on this Site at any time without notice.  By using this Site you agree to be bound by the then-current version of these Terms.

No Legal Advice or Warranties

All content on this site is provided “as is” and BLPC makes no warranties, expressed or implied, and disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.  Further, BLPC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Content on this Site or otherwise relating to such materials or on any sites linked to this Site.  Nothing contained on this Site shall be construed as legal advice and is intended for information purposes only.  Your interaction with this Site does not constitute the establishment of a lawyer-client relationship between you and BLPC or any of our professionals.  You should not rely upon or take any steps or fail to take any steps based on any information contained in this Site and any reliance on such information shall be undertaken exclusively at your own risk.  BLPC invites you to contact any of its professionals directly to address any particular legal issues with which you require assistance.

Privacy Policy

BLPC is committed to maintaining high standards of confidentiality and protection of the information that has been provided to us.  The Privacy Policy evidences our commitment to maintaining the privacy of our clients and individuals with whom we interact in the course of business.  This Privacy Policy provides information on how BLPC collects, uses, and discloses the Personal Information we collect and use in the course of our dealings.  The Privacy Policy also describes our practices regarding the privacy of information that we collect through our website (the “Website”), which is hosted and operated from Canada.

Our collection, use, and disclosure of Personal Information are governed by applicable privacy legislation as well as our professional obligations as required by the Law Society of Upper Canada.  As legal professionals, we are required to maintain the confidentiality of our clients.  The standards provided for in this Privacy Policy are maintained in addition to any professional obligations of confidentiality to which we are already subject.

Please note that any communications or transmission of information to BLPC or to any member of our firm for marketing purposes or to request information about BLPC, through the use of our Website or otherwise, is not intended to create, and receipt of which will not constitute, a solicitor-client relationship.

For the purposes of this Privacy Policy, the term “Personal Information” means any information that is defined to be ‘Personal Information’ under applicable privacy laws.  This typically includes information about an identified individual or information of an individual whose identity may be inferred or determined from the information; however, it typically does not include business contact information.

By providing Personal Information to BLPC, or by using the Website, responding to, or posting personal information on BLPC’s social networking sites, you agree and consent to our collection, use, and disclosure of your Personal Information in accordance with this Privacy Policy.  If you do not agree with the terms set out in this Privacy Policy, or do not consent to our collection, use, and disclosure of your Personal Information in this manner, we ask you not to provide any Personal Information to BLPC.  Please note, however, that BLPC may not be able to provide the services you have requested without your Personal Information and, without your consent, may not be able to offer the services you have requested.

Unless permitted or required by law, no Personal Information is collected about an individual, without first obtaining the consent of the individual to the collection, use, and dissemination of that Personal Information.  Consent can be express or implied depending on the context and nature of the Personal Information at issue.   When BLPC acts as agents and service providers for third parties, BLPC will rely on the consents obtained by such third parties to disclose information to us.

The type of information that may be collected includes but is not limited to your name and home contact information, billing and account information, information relevant to a client’s legal matters, and other information incidental to the provision of legal advice and services by BLPC.  Examples of this type of information include Personal Information about directors, officers and employees of a client or other party, witnesses, beneficiaries, family members, adverse parties or parties-in-interest, information about shareholders, security-holders, investors, potential investors, buyers or sellers, business partners, competitors, target entities and their representatives, individuals, clients, pension plan members, and other individuals, as well as copies of personal identification which may provide or confirm this Personal Information.  We collect this information through retainers, ongoing legal relationships, general correspondence, faxes, emails, electronic messages, and telephone inquiries, or through the “contact us” link on our Website.

We do not use or disclose your personal information, except for the purposes for which it was collected, or which are otherwise in accordance with this Privacy Policy.  However, we reserve the right to disclose information to comply with legal processes such as a search warrant, subpoena or court order, or government request, to protect our firm’s rights and property, during emergencies when safety is at risk or to protect our operations, to protect the rights, safety or property of BLPC, you or others, and to permit BLPC to pursue available remedies or limit the damages that we may sustain.

BLPC does not sell, loan, trade, barter or exchange, or otherwise disclose any Personal Information it has obtained to anyone outside of BLPC unless the disclosure is necessary to provide the services for which we have been retained or as agreed to you in advance of the disclosure, including but not limited to BLPC’s disclosure to its Agents.

BLPC collects, uses, and discloses your Personal Information for the following purposes:

  • collecting, recording, and using the information relevant to the performance of the services rendered to our clients;
  • establishing and managing client relationships, providing legal advice, performing legal services, fulfilling legal duties, and avoiding legal conflicts of interest;
  • sharing personal information with third parties, Agents or otherwise, for the purpose of providing legal services in the context of legal proceedings, including conducting litigation, arbitrations, mediations or other proceedings (which may include opposing parties, parties in interests, opposing, foreign and other counsel and advisors, witnesses, courts, adjudicators, arbitrators, other decision-makers and experts);
  • contacting and communicating with clients and other individuals for the purpose of conducting market research, and evaluating client service and satisfaction;
  • distributing our publications and invitations to events to individuals who subscribe to our mailing lists (if you do not wish to receive these publications and invitations, please let us know and we will not continue to send them to you);
  • maintaining, developing, and managing our document management, knowledge management, and precedent systems and databases, including the facilitation of precedent and template type documents for purposes of ensuring efficiency and cost-effectiveness of services;
  • developing and managing our business and operations;
  • recording and determining the services BLPC will provide to you in the course of your relationship with us;
  • administrative purposes, including but not limited to accounting, performing credit checks, billing and collection in relation to your account and your relationship with us;
  • communication between you and our lawyers, and other legal professionals including assistants and clerks, generally as well as communicating information to our agents in the course of a contract or providing our services to you;
  • recruitment purposes;
  • the development of programs (including seminars and other events) that may be of interest to you, and the delivery of an invitation to such seminars or events, including educational, networking, or other seminars run by BLPC;
  • detecting and protecting against fraud and error, negligence, breach of contract, theft, and other illegal activity, and where necessary to meet our insurance requirements
  • communicating with our insurers;
  • for employees of BLPC, we will maintain your Personal Information in an employee file, which will be collected and used for the purposes of decision making regarding your hiring, duties, transfer, training, discipline, evaluation, promotion, and retention; recording and determining your eligibility for participation in various benefit plans offered by BLPC to employees, communicating this information to Agents in the course of the performance of a contract or otherwise in our relationship with you;
  • responding to your questions or concerns, as submitted by you through our Website; and
  • as permitted by, and to comply with, applicable legal or regulatory requirements or provisions, as well as our professional obligations vis-?-vis the Law Society of Upper Canada.

For employees, officers, directors, and partners of BLPC, you also understand that we may use in connection with, and disclose your personal information to third parties connected with, the proposed or actual financing, insuring, sale, securitization, assignment, or other disposals of all or part of our business or assets (including Accounts) for the purposes of evaluating and/or performing the proposed transaction.  These purposes may include, as examples, permitting such parties to determine whether to proceed or continue with the transaction, fulfilling any reporting or audit requirements to such parties, and/or disclosing personal information as part of concluding a sale or transfer of assets.   Disclosure in this manner will only occur if the parties have entered into an agreement under which the collection, use, and disclosure of the information is restricted to those purposes that relate to the business transaction contemplated, including a determination whether or not to proceed with the business transaction, and is to be used by the parties to carry out and complete the business transaction.  Also, the Personal Information disclosed in this instance will be, to the extent practicable, anonymized, or aggregated.

Our successors and assigns may collect, use and disclose your personal information for substantially the same purposes as described in this Privacy Policy.

The amount of time we will retain Personal Information varies, depending on the services we have provided to you and the nature of the Personal Information we hold.  This period typically extends past your immediate relationship with BLPC but will be only as long as is necessary for us to maintain sufficient information to respond to any issues that arise at a later date and as required by law.  Once the Personal Information is no longer needed, we will utilize the procedures we have in place to safely destroy, delete, erase or otherwise dispose of the information or to convert it into aggregated non-identifying form.

BLPC is committed to protecting the security of your Personal Information.  We, therefore, use industry-standard technology and security safeguards appropriate to the sensitivity of the Personal Information to protect it from loss or theft, as well as unauthorized access, disclosure, copying, use, or modification.  These safeguards include physical measures, such as restricted access to offices and equipment using biometric-based pass card technology and daily shredding of documents, organizational measures, such as security clearances, and publishing this policy to all of BLPC’s members and personnel with the strict instructions to act in accordance with its principles and technological measures, such as the use of encryption, firewalls, digitally locked files and of course password protections.

If you have reason to believe that your interaction with us, whether personally, through our website or otherwise, is no longer secure (e.g., you suspect that the security of your personal information has been compromised), we ask that you immediately notify us of the problem by contacting us using the contact information provided below.

In respect of BLPC’s use of third party agents, contractors, or service providers (the “Agents”), who may receive Personal Information in the course of their work for BLPC and BLPC’s delivery of services to you, BLPC will use contractual and/or other arrangements to ensure that the Agents use the same level of protection of your Personal Information as is required by BLPC in accordance with this Privacy Policy.  The types of services these Agents may be contracted to deliver to BLPC include, but are not limited to, website hosting, data analysis, newsletter services, credit agencies, promotional activities, and other administrative services.

This Privacy Policy was made effective as of October 18, 2016 and has been updated as of September 22, 2021.  BLPC reserves the right to change this Privacy Policy, and any of our policies and procedures concerning our practices for handling personal information, without prior notice.  We will inform you on our website if we have amended the Privacy Policy, and any such changes will apply to the information collected as of the effective date of the amendment.  The amended Privacy Policy will also apply to Personal Information BLPC holds prior to the effective date of the amendment.

BLPC endeavours to ensure that any Personal Information provided to us and in our position is as accurate, current, and complete as necessary for the purposes for which BLPC uses that information.  Upon request, you may review the Personal Information we have collected, and where appropriate you may request that we update it or correct any errors, at the email address provided below.  BLPC will endeavour to respond to and comply with your request for updating or correction as soon as reasonably possible.

Ownership and Content of License

BLPC either owns the intellectual property rights or has acquired licenses in all Site content, including without limitation, all copyrights, trademarks, patents, or other rights in and to all HTML and Java code, software, text, graphics, icons, videos, images, and photographs, together with the selection and arrangement of such contents of the Site (collectively the “Content”).  Subject to the provisions contained herein, you are granted a limited, non-transferable, non-exclusive license to view and access the pages of this Site and to download one copy of the content on this site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:

  • modify or copy the content (other than single copies for your own personal use);
  • use the content for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on this site;
  • remove any copyright or other proprietary notations from the content; or
  • transfer the content to another person or “mirror” the content on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by BLPC at any time. On terminating your viewing of this content or on the termination of this license, you must destroy any downloaded content in your possession, whether in electronic or printed format.

No Endorsement

The site contains several links to other sites. These links are provided as references to help you identify and locate other Internet resources that may be of interest. These other sites were independently developed by parties other than BLPC and BLPC does not assume responsibility for the accuracy or appropriateness of the information contained at such sites.  In providing links to other sites, BLPC is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to control the content of or maintain any type of editorial control over, such sites.  A link to another site should not be construed to mean that BLPC is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyrighted symbol that may be reflected in the link or the description of the link to such other sites.  The mention of another party or its product or service on the Site should not be construed as an endorsement of that party or its product or service.

Electronic Transmissions

Without the use of encryption, the internet is not a secure medium, and privacy of any information you electronically transmit to BLPC cannot be ensured.  BLPC will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you send to BLPC through the internet, or that you expressly or implicitly authorize BLPC to send, or for any errors or any changes made to any transmitted information.  Please refer to the BLPC Privacy Policy on this Site for additional information with respect to BLPC’s handling of personal information.

Limitation of Liability

In no event shall BLPC, its partners, employees, consultants, agents, representatives or contractors (“BLPC Parties”) be liable for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of this Site or in reliance on the information available on this Site, including any loss of use, lost data, lost business profits, business interruption, personal injury or any pecuniary loss, whether the action is in contract, tort (including negligence) or other legal action (collectively, “Claims”).  BLPC expressly disclaims any liability for unauthorized use or reproduction of any portion of the Site.

Release and Indemnification

You hereby release BLPC and each of the BLPC Parties from and against any and all claims whatsoever arising from your use of the site (including any breach by you of these Terms), the Content, or otherwise in connection with any matter contemplated by these Terms.  You further agree to indemnify and hold harmless BLPC and the BLPC Parties from and against any losses, judgments, costs, and expenses (including legal fees) incurred as a result of any claim arising from your use of the site, the content, or otherwise in connection with these Terms.

Termination

BLPC may, in its sole and unfettered discretion, terminate your right to use or access this Site at any time without notice.  Upon such termination, you shall immediately cease any and all use or access of this Site and BLPC shall have no liability or obligation to you in connection with any such termination.

Conformity with Laws

You agree that your use of the site shall not violate any applicable local, federal or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the internet by their residents.

General Provisions

The laws of the Province of Ontario and the federal laws of Canada applicable therein shall govern the interpretation, validity, and effect of these terms notwithstanding any conflict of laws provisions or your domicile, residence, or physical location. You consent and submit to the non-exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to these terms.  If any provision of these terms is rendered invalid or inapplicable by a court of competent jurisdiction, it shall be severed and the remaining provisions shall remain in force.  You shall not assign, transfer, sub-contract, or part with any of your rights, duties, or obligations hereunder.  No waiver by BLPC of any right or remedy granted to it hereunder shall be valid unless in writing and signed by BLPC.  No delay, failure, or partial exercise by BLPC in exercising any rights or remedies hereunder shall be construed as a waiver by BLPC to exercise such rights or remedies and to strictly enforce compliance with these terms.

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