IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO THESE GENERAL TERMS AND CONDITIONS OF USE. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING THIS WEBSITE IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE AND DO NOT ENQUIRE ABOUT ANY SERVICES FROM THIS WEBSITE.
You consent to the exchange of information and documents between Us electronically over the Internet or by e-mail. If You have an account profile with Gilbert’s or have purchased a product from Gilbert’s, Gilbert’s will send You information and documents to the e-mail address in Your account profile on the Website or provided in the course of purchasing such product. You will send information and documents to Gilbert’s by email to email@example.com.
OWNERSHIP AND COPYRIGHT
You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos, trade names and any other intellectual property contained on this website (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, Gilbert’s or its licensors, as the case may be. The Content is protected by copyright.
Gilbert’s grants You a personal, non-transferable and non-exclusive license to access and read the Content.
You agree that, except as explicitly authorized, You will not:
(a) distribute the Content for any purpose including, without limitation by compiling an internal database, or by redistributing or reproducing the Content by the press or media or through any commercial network, cable or satellite system;
(b) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise; or
(c) allow any third-party to access the Content.
You give Gilbert’s a non-exclusive, perpetual worldwide license to use, modify, and copy any content You post on the Website (“User Generated Content” or “UGC”). You waive all moral rights in any UGC. You will not post UGC that infringes any intellectual property including copyright or trademark, contains any defamatory statements, includes false or misleading statements, or depicts people without their permission.
LIMITATIONS ON LIABILITY AND DISCLAIMERS
Unless explicitly stated, this website and its Content are not to be construed as an offer to sell any product or service.
This website may contain links to other sites. Gilbert’s does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when You access such sites, You are doing so at Your own risk. In providing links to the other sites, Gilbert’s is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that Gilbert’s is affiliated or associated with same. Gilbert’s does not recommend or endorse any of the Content, including without limitation any hyper-links to or content found, on other Website. The mention of another party or its product or service on this website should not be construed as an endorsement of that party or its product or service.
You are solely responsible for the retrieval and use of the Content. You should apply Your own judgment in making any use of any Content, including, without limitation, the use of the Content as the basis for any conclusions.
The Content is provided for informational purposes only and should not be interpreted as a recommendation for any specific product or service, use or course of action. The Content on this website is not intended to be used as a substitute of any kind for advice given by a professional.
THE CONTENT ON THIS SITE IS NOT LEGAL OR PROFESSIONAL ADVICE. YOUR USE OF THIS SITE DOES NOT CREATE A LAWYER-CLIENT, PROFESSIONAL-CLIENT, OR FIDUCIARY RELATIONSHIP BETWEEN YOU AND GILBERT’S. YOU MAY CONTACT GILBERT’S LAWYERS AND SUPPORT STAFF THROUGH LINKS, FORMS AND INFORMATION AVAILABLE ON THIS SITE. SUCH CONTACT DOES NOT CREATE A LAWYER-CLIENT, PROFESSIONAL-CLIENT, OR FIDUCIARY RELATIONSHIP BETWEEN YOU AND GILBERT’S LLP. ANY INFORMATION YOU PROVIDE TO GILBERT’S THROUGH LINKS, FORMS, ADDRESSES, FAX, OR OTHER FORMS OF COMMUNICATION LISTED OR AVAILABLE ON THIS WEBSITE SHALL NOT NECESSARILY BE PROTECTED BY PRIVILEGE NOR HELD CONFIDENTIAL BY GILBERT’S UNLESS GILBERT’S HAS EXPLICITLY AGREED TO DO SO.
IN NO EVENT WILL GILBERT’S, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF GILBERT’S OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
Gilbert’s assumes no obligation to update the Content on this site. The Content on this site may be changed without notice to You. Gilbert’s is not responsible for any Content that You may find undesirable or objectionable. Gilbert’s disclaims any liability for unauthorized use or reproduction of any portion of the Website.
Accessing the Content from territories where it may be illegal is prohibited.
You agree at all times to indemnify, defend and hold harmless Gilbert’s, its agents, partners, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Gilbert’s directly or indirectly in respect of:
any UGC You provide on or through this website or which is sent to Gilbert’s electronically; or
Your use or misuse of the Content or this website.
GOVERNING LAW and ATTORNMENT
TYPE OF PROCEEDING
YOUR PRIVACY RIGHTS
From January 1, 2004, all businesses engaged in commercial activities must comply with the Personal Information Protection and Electronic Documents Act. These obligations extend to lawyers and law firms, including Gilbert’s LLP. The Act gives you rights concerning the privacy of your personal information.
Section 3.3 of The Law Society of Upper Canada’s Rules of Professional Conduct ensures that, subject to the Rules, we must hold information concerning your business and affairs in strict confidence.
Gilbert’s LLP is responsible for the personal and confidential information we collect, use and disclose. To meet this responsibility, we have developed this Policy, and trained our lawyers and support staff about our policies and practices.
WHAT PERSONAL INFORMATION DO WE COLLECT?
Personal information is any information that identifies you, or by which your identity could be deduced. For example, personal information includes, without limitation, your name, address, telephone number, e-mail address and personal financial information.
WHY DOES GILBERT'S LLP COLLECT, USE, AND DISCLOSE PERSONAL INFORMATION?
We collect, use, and disclose your personal information in order to provide you with legal services and/or evaluate whether we can provide you with legal services. For example, we may need to collect your name and address for the purpose of a conflict check, or for including this information in court documents.
In many cases, we simply could not provide you with legal services if we did not collect, use, or disclose some of your personal information.
HOW DO WE COLLECT YOUR PERSONAL INFORMATION?
In most cases, we will ask you to consent expressly so that we may collect and use your personal information. We may ask for your consent in writing but, in most circumstances, we will only seek your oral consent. Sometimes, your consent may be implied through your conduct with us. For example, we imply your consent to us disclosing personal information if this is advisable to file required court documents.
We collect information only by lawful and fair means and not in an unreasonably intrusive way. We only collect the personal information that we deem appropriate to collect to provide you with legal services and carry on the business of the firm, and only for the identified purposes or as required by law.
Sometimes we may obtain information about you from other sources, such as from:
a government agency or registry;
your employer; or
USE OF YOUR PERSONAL INFORMATION
We use your personal information to: evaluate whether we can provide legal services to you, provide legal advice and services to you, facilitate firm administration (time and billing databases), and to include you in any direct marketing activities, in compliance with Canada’s Anti-Spam Legislation.
Gilbert’s LLP does not knowingly disclose your personal information to any third party to enable them to market their products and services.
DISCLOSURE OF YOUR PERSONAL INFORMATION AND CONFIDENTIAL INFORMATION
Under the following circumstances, Gilbert’s LLP may disclose your personal and/or confidential information:
when you have consented to the disclosure;
when the legal services we are providing require us to give your information to third parties (such as opposing counsel in a litigation matter or to a lender in a commercial transaction);
when we are required or authorized by law to do so, for example if a court issues a subpoena;
where it is necessary to establish or collect fees;
if we engage a third party to provide administrative or cloud-based services to us (such as computer back-up services, communications software and/or services, project and task management or archival file storage) and the third party is bound by contractual obligations and/or privacy laws that protect against disclosure of your information such as those of the United States or Canada;
if we engage expert witnesses or third party professionals such as forensic accountants on your behalf;
if we retain other law firms or professionals in other jurisdictions, on your behalf; or
if the information is already publicly known.
IS YOUR INFORMATION SECURE?
Gilbert’s LLP takes reasonable precautions to ensure that your personal and confidential information is kept safe from loss, unauthorized access, modification or disclosure. Among the steps taken to protect your information are:
restricted file access;
deploying technological safeguards like security software, encryption, and firewalls to prevent unauthorized access; and
internal password and security policies.
ACCESSING, UPDATING, AND CORRECTING YOUR PERSONAL INFORMATION
You may request access to any personal information we hold about you by contacting our Privacy Officer. Summary information is available on request. More detailed requests which require archive retrieval or other retrieval may take some time to compile.
Since we use your personal information, it is important that this information be complete, accurate and up-to-date. If during the course of our relationship any of your information changes, please inform us so that we may make any necessary changes to our records. We will also take reasonable steps to keep your personal information complete, accurate and up-to-date.
If you can show that personal information we hold about you is not accurate, complete or up-to-date, we will take reasonable steps to correct it.
CAN YOU BE DENIED ACCESS TO YOUR PERSONAL INFORMATION?
Your rights to access your personal information are not absolute. We may deny access when, for example, access is restricted or unauthorized by law (e.g. when a record containing personal information about you is subject to a claim of legal professional privilege by another client).
If we deny your request for access, or refuse a request to correct information, we will explain why.
CAN YOU REQUEST ANONYMITY?
Whenever it is legal and practicable, we may offer you the opportunity to deal with us without providing your name (e.g. if you access general information on our website). In other cases, this is not possible. For example, our obligations under the Rules of Professional Conduct as well as the Proceeds of Crime (Money Laundering) and Terrorist Financing Act require us to confirm the identity of all new clients. We may also be required by law to disclose information to FINTRAC in relation to certain large cash transactions.
COMMUNICATING WITH US
When communicating personal or confidential information to us, you should be aware that e-mail and other internet communication methods are not absolutely secure.
REQUESTS FOR ACCESS
If you have any questions, or wish to access your personal information, please write to our Privacy Officer at:
Attention: Privacy Officer
77 King Street West, Suite 2010
P.O. Box 301
If you are not satisfied with our response, the Privacy Commissioner of Canada can be reached at:
Privacy Commissioner of Canada
112 Kent Street,
Tel: (800) 282-1376
(last updated: March 10, 2020)