The following terms are offered in various versions for the purpose of whimsy. In the event of any inconsistency between versions, this Legalese Version governs.
1Introduction
Furthermore Law Corporation (“Furthermore”, “we”, “us” or “our”) is a legal practice based in Vancouver, British Columbia. Furthermore is committed to protecting the personal information that it collects, uses and discloses in the course of providing legal services and operating its practice, in accordance with all applicable regulatory requirements, including applicable privacy legislation, and consistent with its professional obligations. As practising lawyers, we have professional and ethical obligations to hold information received within our client relationships in confidence.
This Privacy Notice (the “Notice”) describes how we collect, use, disclose and otherwise manage the personal information of our clients, other individuals connected to a matter, and visitors to our website (collectively, “you”). It applies in the context of a modern legal practice in which artificial intelligence tools may be used in the delivery of legal services, as further described below.
2Personal Information
“Personal Information” means information about an identifiable individual. Personal Information does not generally include business contact information used to communicate with an individual in their business capacity, such as name, title, business address, business telephone number or business email address, except to the extent that applicable law provides otherwise.
3Accountability and Privacy Governance
Furthermore is accountable for the Personal Information within its custody or control, including Personal Information transferred to third parties for processing. We have designated a Privacy Officer with responsibility for overseeing compliance with this Notice and with our obligations relating to Personal Information. The Privacy Officer may be contacted as set out in the section entitled “Contact and Complaints” below.
We maintain policies, procedures and training designed to protect Personal Information and to give effect to the principles described in this Notice, including measures to: (a) safeguard Personal Information against unauthorized access, use or disclosure; (b) respond to requests and complaints in a timely and effective manner; and (c) define the roles and responsibilities of our personnel with respect to the handling of Personal Information.
4Means of Collection
In most cases, we collect Personal Information directly from the individual to whom it relates. Where direct collection is not practicable, or where the circumstances or the purposes of collection require, we may collect Personal Information from other sources, including opposing or other parties, counsel, references, publicly available sources, and persons authorized to provide it on your behalf. We also collect certain information automatically through our website, as described below.
5Collection, Use and Disclosure of Personal Information
We collect, use and disclose Personal Information for the primary purpose of providing legal advice and representation, and for related and ancillary purposes, including the following:
- to establish, verify and manage client relationships, to provide legal advice and services, to satisfy our professional duties (including client identification, verification and conflicts of interest obligations), and to fulfil applicable “know your client” requirements;
- to disclose Personal Information to third parties where necessary in connection with a matter, including to courts, tribunals, arbitrators, mediators, regulators, opposing and other counsel, experts, witnesses and other participants in a proceeding or transaction;
- to represent clients in business transactions involving the exchange or disclosure of Personal Information;
- to administer our business, including invoicing, the administration of accounts, the collection and processing of payments, and the management of our information systems;
- to maintain records of the work performed and services provided, in accordance with applicable regulatory requirements and professional standards; and
- to detect, prevent and address error, fraud, breach of contract or law, and to comply with applicable legal, regulatory and insurance requirements.
We endeavour to ensure that Personal Information is as accurate, complete and up to date as is necessary for the purposes for which it is to be used. We may from time to time request that you update the Personal Information we hold about you.
6Use of Artificial Intelligence Tools
In the ordinary course of a contemporary legal practice, we may use artificial intelligence and other technology-assisted tools to support the delivery of legal services, including in connection with legal research, document drafting, review, analysis and workflow management. The use of such tools does not displace the professional judgment of our lawyers, who remain responsible for the advice and services provided to you.
Where such tools process Personal Information in connection with a matter, that Personal Information remains subject to the same obligations of confidentiality and the same safeguards that apply to all client information in our custody or control. We select and configure such tools with due regard to privacy and confidentiality, and we do not input confidential information into publicly accessible systems in the absence of appropriate safeguards. We monitor evolving professional and regulatory guidance concerning the responsible use of such tools and adjust our practices accordingly.
7Consent
We obtain consent to the collection, use and disclosure of Personal Information as required by applicable privacy legislation. By retaining Furthermore, you consent to our collection, use and disclosure of your Personal Information to the extent necessary to advise and represent you. We assume that an individual who initiates contact with us, or who voluntarily provides Personal Information to us, has consented to our reasonable collection and use of that information consistent with the purposes for which it was provided.
Where you provide us with Personal Information concerning a third party, you represent that you have obtained all consents necessary to permit us to collect, use and disclose that Personal Information for the purposes contemplated by this Notice. Subject to applicable law and contractual restrictions, you may withdraw your consent at any time on reasonable notice by contacting us as set out below, in which case we will advise you of the consequences of such withdrawal.
8Circumstances Permitting Collection, Use or Disclosure Without Consent
We do not collect, use or disclose Personal Information without consent except where authorized or required by applicable law, including in the following circumstances:
- where the collection, use or disclosure is clearly in the interests of the individual and consent cannot be obtained in a timely way;
- where obtaining consent would compromise the availability or the accuracy of Personal Information and the collection is reasonable for purposes of an investigation or a proceeding;
- where disclosure is necessary for an investigation or a proceeding and obtaining consent would compromise that investigation or proceeding;
- where the Personal Information is available to the public from a prescribed or recognized source; or
- where the collection, use or disclosure is otherwise required or authorized by law, court order, subpoena or applicable rules of production.
9Sharing of Personal Information and Service Providers
We may share Personal Information with third parties for the purpose of providing legal services, including in the context of proceedings and transactions, as described above. We also engage affiliated and unaffiliated service providers, agents and contractors to assist us in operating our practice, including in respect of data hosting, document and information management, secure file transfer, software support, and billing and payment processing.
We provide such service providers with access to Personal Information only to the extent necessary to perform the services for which they are engaged, and we require them, by contract or otherwise, to protect the confidentiality and security of Personal Information and to use it only for the purposes for which it was disclosed to them. We remain accountable for Personal Information transferred to a service provider for processing. We may also disclose Personal Information in connection with a prospective or completed reorganization, merger or sale of all or part of our practice, subject to appropriate confidentiality protections.
10Transfer of Personal Information
Personal Information may be stored and processed by us and by our service providers, and depending on the tools and providers engaged, certain processing may occur in jurisdictions other than the jurisdiction in which it was collected. Where Personal Information is processed in another jurisdiction, it may be subject to the laws of that jurisdiction, including lawful access by courts, regulators, law enforcement and governmental authorities in that jurisdiction. We select our service providers and arrangements with due regard to these considerations and require that Personal Information be afforded a comparable standard of protection wherever it is processed.
11Information About Our Website
You may visit our website without disclosing your identity. We collect certain information automatically from visitors to our website, including Internet protocol (IP) addresses, browser type, operating system, page requests and related usage information, which we use to understand, monitor and improve the operation of our website.
Our website may use cookies and similar technologies, including web beacons and pixel tags (collectively, “cookies”). A cookie is a small data file that our website transmits to a user’s browser and that may be stored so as to recognize the user’s device upon a subsequent visit. You may configure your browser to notify you when cookies are received, or to decline certain cookies, although doing so may affect the functionality available to you. We may use third party analytics services to collect and analyze information regarding the use of our website. We do not sell the browsing information collected through our website.
Our website may contain links to websites operated by third parties. Such links are provided for convenience only and do not constitute an endorsement. We do not control, and are not responsible for, the privacy practices of any third party website, and we encourage you to review the privacy policy of each website you visit.
12Safeguards
We have implemented reasonable administrative, technical and physical safeguards designed to protect Personal Information within our custody or control against loss or theft, as well as unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction. These safeguards extend to our digital infrastructure, the third party platforms we use, and our internal policies governing the handling of Personal Information. We review and update our safeguards from time to time having regard to the sensitivity of the information, evolving threats and developments in technology.
13Retention and Disposal
We retain Personal Information only for as long as is necessary to fulfil the purposes for which it was collected, to provide the services for which we were engaged, and to satisfy our professional, regulatory, insurance and recordkeeping obligations, after which we securely destroy, erase or de-identify the Personal Information in accordance with our retention practices and applicable law.
14Breach of Security Safeguards
We maintain processes to identify, contain and assess security incidents affecting Personal Information. Where an incident involving Personal Information creates a real risk of significant harm to an affected individual, we will notify the affected individuals and the appropriate authorities, and will take such further steps, as may be required by applicable law, and will provide reasonable information regarding the incident and the measures being taken in response.
15Access to Personal Information
Upon written request, and subject to the exceptions set out below and the requirements of applicable law, we will provide an individual with: (a) the Personal Information about that individual within our custody or control; (b) an account of the ways in which that Personal Information has been and is being used; and (c) the names of the individuals and organizations to whom that Personal Information has been disclosed. We will respond within the time required by applicable law and will make reasonable efforts to assist the requester and to respond accurately and completely. Reasonable fees and disbursements permitted by law may apply.
Access to Personal Information is subject to limitation. We must refuse to disclose Personal Information where:
- the disclosure could reasonably be expected to threaten the safety or the physical or mental health of an individual other than the requester;
- the disclosure could reasonably be expected to cause immediate or grave harm to the safety or the physical or mental health of the requester;
- the disclosure would reveal Personal Information about another individual; or
- the disclosure would reveal the identity of an individual who has, in confidence, provided Personal Information about another individual, and that individual does not consent to disclosure of their identity.
In addition, we are not required to disclose Personal Information where:
- the information is protected by solicitor and client privilege;
- the disclosure would reveal confidential commercial information that, if disclosed, could reasonably be expected to harm the competitive position of an organization;
- the information was collected without consent for the purposes of an investigation and the investigation and any associated proceedings are not complete; or
- the information was collected or created by a mediator or arbitrator in the conduct of a mediation or arbitration.
16Correction of Personal Information
Upon written request, an individual may request the correction of an error or omission in the Personal Information about that individual within our custody or control. Where we are satisfied that a correction is warranted, we will correct the Personal Information and, where reasonable to do so, notify any organization to which the incorrect information was disclosed. Where we are not satisfied that a correction is warranted, we will annotate the record to reflect that a correction was requested but not made.
17Openness and Transparency
In keeping with the openness and transparency requirements of applicable privacy legislation, we make readily available, in plain language, the following information concerning the policies and practices we have put in place to manage Personal Information. This Notice, together with the policies and procedures it references, is intended to satisfy that obligation.
- Types of Personal Information. The Personal Information under our control generally includes: identifying and contact information; information relating to the matter for which we are retained and the advice and services we provide; correspondence and other communications with us; billing, account and payment information; client identification and verification records; and information collected automatically through our website, such as IP address and usage data.
- How we use Personal Information and rely on consent exceptions. A general account of how we use Personal Information, and of the circumstances in which we may collect, use or disclose it without consent — including any activity in which we have a legitimate interest — is set out in the sections above.
- Automated decision systems. We do not use automated decision systems to make predictions, recommendations or decisions about individuals that could have a legal or similarly significant effect on them. Where we use artificial intelligence or other technology-assisted tools, those tools support the professional judgment of our lawyers, who remain responsible for the advice and services we provide. Should this practice change, we will update this Notice and, on request, provide the explanation required by law in respect of any such system.
- Interprovincial and international transfer. As described under “Transfer of Personal Information” above, Personal Information may be transferred to, disclosed in, or accessed from jurisdictions outside British Columbia or Canada by us or our service providers, which may have reasonably foreseeable privacy implications.
- Retention of sensitive Personal Information. We retain Personal Information, including sensitive Personal Information such as financial, health or similar information, only for as long as is necessary to fulfil the purposes for which it was collected and to satisfy our professional, regulatory, insurance and recordkeeping obligations. File records are generally retained for the minimum period required by the rules of the Law Society of British Columbia following the conclusion of a matter, after which the Personal Information is securely destroyed, erased or de-identified.
- Requests for access, correction or disposal. You may request access to your Personal Information, the correction of it, or its disposal, as described under “Access to Personal Information” and “Correction of Personal Information” above. Such requests may be made in writing to our Privacy Officer.
- How to reach us. Complaints and requests for information concerning Personal Information may be made to our Privacy Officer, whose business contact information appears under “Contact and Complaints” below.
18Updates to this Notice
We may update this Notice from time to time to reflect changes in our practices, the tools we use, or our legal and professional obligations. We will indicate the effective date of the current version at the top of this Notice. We encourage you to review this Notice periodically.
19Contact and Complaints
Questions, requests for access or correction, and complaints concerning this Notice or our handling of Personal Information may be directed to our Privacy Officer:
If you are not satisfied with our response to a complaint, you may contact the privacy regulator having jurisdiction over your concern. The Office of the Information and Privacy Commissioner for British Columbia may be contacted as follows: