PRIVACY STATEMENT

GOWLING WLG POLICY ON THE COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION ('PRIVACY POLICY')

Objective and scope of policy

Gowling WLG is an international law firm comprising the members of Gowling WLG International Limited, an English Company Limited by Guarantee, and their respective affiliates. Each member and affiliate is an autonomous and independent entity. Gowling WLG International Limited promotes, facilitates and co-ordinates the activities of its members but does not itself provide services to clients.

References on this website to 'Gowling WLG', 'law firm' and 'legal practice' are to the members of Gowling WLG International Limited and their respective affiliates (together the 'Gowling WLG entities' and each a 'Gowling WLG entity') or (as the context requires) the Gowling WLG entities collectively.

Consistent with our obligations as professionals, we are dedicated to maintaining high standards of confidentiality regarding the information provided to us. Gowling WLG adheres to certain privacy principles to help ensure the confidentiality of the Personal Information entrusted to us. This Privacy Policy has been prepared to inform you of our practices concerning the collection, use and disclosure of Personal Information (as defined below).

Personal information

For this Privacy Policy, 'Personal Information' means any information provided to or collected by Gowling WLG, recorded in any form, about an identifiable individual, or an individual whose identity may be inferred or determined from the information. This Privacy Policy does not cover any information, recorded in any form, about more than one individual where the identity of the individuals is not known and cannot be inferred from the information ('Aggregated Information'). Gowling WLG retains the right to use Aggregated Information in any way that it reasonably determines is appropriate.

Accountability

Gowling WLG takes the protection of Personal Information seriously. Our obligations as legal professionals are governed, in part, by rules of professional conduct which impose duties and obligations regarding the confidentiality of the information provided to Gowling WLG by its clients. We require all professionals, employees, contractors and agents who provide services in connection with our delivery of legal and other services to our clients professional conduct to comply with these obligations.

In accordance with the United Kingdom Data Protection Act 1998, Gowling WLG (UK) LLP and Gowling WLG International Limited are registered as a 'Data Controller' on the public Register of Data Controllers as maintained by the Information Commissioner.

What information do we collect?

As a general rule, all information concerning the business and affairs of a person or organisation acquired: (1) for the purpose of determining whether Gowling WLG will enter into a professional relationship; or (2) in the course of a professional relationship, shall be held in strict confidence and not revealed to anyone unless expressly or implicitly authorised by the person or organisation concerned or permitted or required by applicable law. A professional relationship develops when Gowling WLG agrees to be retained to provide services to an individual or organisation.

In the course of its relationship with you, Gowling WLG will need to collect, use, and sometimes, disclose various types of Personal Information for various purposes associated with the scope of the services we provide as directed by you or your organisation. Given the nature of Gowling WLG services, it is impractical to list all of types of Personal Information that may be collected, used or disclosed. However, the Personal Information we collect may include:

  • your full name
  • contact information, such as your address, telephone number, e-mail address, or job titles
  • information regarding your legal requirements, situation, and interests
  • whether you have subscribed or unsubscribed from any our mailing lists, or accepted any of our invitations
  • information regarding your organisation or other organisations, including information regarding directors, officers, or employees of our clients or other parties, witnesses, beneficiaries, adverse parties, related parties, parties in interest, business partners, investors, shareholders, security holders, buyers, business partners, and customers of clients
  • your payment information, and
  • any other Personal Information that you voluntarily choose to provide to us.

How do we use and disclose personal information?

Gowling WLG uses and discloses personal information for the purposes set out in this Privacy Policy. Under no circumstances will Gowling WLG sell, trade, barter or exchange for consideration any Personal Information it has obtained.

Gowling WLG may use and disclose Personal Information for the following purposes:

  • Establishing your identity and compliance with 'Know Your Client' regulations and other legal obligations: which may require you to provide name, address, employment/business information, and/or other legally mandated forms of identification
  • Billing: which will include the collection of names, addresses, banking and/or financial details
  • Provision and development of Services/Products: which will include any Personal Information necessary to provide services requested by you or your organisation
  • Analytics: we may also use and analyse the Personal Information provided to us to offer you additional services or products, as well as to track and manage your consent preferences, event reservations and any unsubscribe requests. You may, at any time, advise any Gowling WLG entity that you do not wish to receive such information from that Gowling WLG entity
  • Internal record keeping
  • Answering your queries, and/or providing you with information or materials you have asked to receive
  • Market research
  • Marketing our own products and services to you by email or other means if you have subscribed to one our mailing lists
  • To keep your information and preferences accurate. For example, from time to time, we may ask you (by email or otherwise) to review your contact details and mailing list preferences and update them as necessary
  • To permit Gowling WLG to pursue available remedies or limit any damages that Gowling WLG may sustain
  • Any purpose which is permitted or required by applicable law, and
  • To carry out any other purpose which is disclosed to you and to which you consent.

The marketing email messages sent by Gowling WLG entities will give you the opportunity to update your contact details and mailing list preferences or unsubscribe from mailings from that Gowling WLG entity altogether.

If you decide at any time that you no longer wish to receive marketing emails from a Gowling WLG entity, please follow the unsubscribe link in one of its marketing email messages. You may also contact Gowling WLG (Canada) LLP or Gowling WLG (UK) LLP using the contact information provided below, to update your preferences or unsubscribe from any marketing they may send you.

Gowling WLG may share Personal Information amongst its members for the purposes set out in this policy.

Gowling WLG allows certain authorised third party providers to track and store certain information about visitors to our websites (including domain names, IP addresses and page views as described below). Gowling WLG may also disclose Personal Information to organisations that perform services for us. Personal Information will only be provided to such organisations if they agree by way of contract to provide appropriate protection for such information.

Personal Information may be stored outside of the jurisdiction in which you live, if a third party provider or other entity to whom we disclose personal information in accordance with this Privacy Policy is located outside of that jurisdiction. In such cases, Personal Information may be subject to the local laws of the jurisdictions within which it is collected, used, disclosed and/or stored, and may be accessed by governmental authorities in those jurisdictions.

Personal Information may also be subject to transfer to another organisation in the event of corporate transaction such as a merger, or change of ownership. This will occur only 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, including a determination whether or not to proceed with the business transaction, and is used by the parties to carry out and complete the business transaction.

Lastly, we may disclose your Personal Information for any other purpose to which you consent.

Limiting collection, use, disclosure and retention of personal information

Gowling WLG may collect your Personal Information in many forms (hard/soft copy, electronically, facsimile, telephone conversations/recordings, etc.), but will only do so by lawful means and only for necessary purposes that have been disclosed to you.

Personal Information collected in any form will only be retained by Gowling WLG so long as it is required: a) for the purpose for which it was collected; b) to be retained by law; or c) to address any issues that may arise at a later date. When your Personal Information is no longer required for these identified purposes, Gowling WLG uses secure procedures to destroy, delete, erase or convert the Personal Information into an anonymous form.

Our websites and cookies

In general, you can use our websites without giving Gowling WLG any Personal Information. If you are one of our anonymous visitors, please bear in mind that we may still record certain analytical information and as further set out in this section.

Gowling WLG may use cookies, web beacons/pixel tags, log files and other technologies to collect certain information about visitors to our websites, and recipients of our newsletters, invitations and other communications. Find out more about the Gowling WLG "Cookies" policy.

Consent

Your provision of Personal Information to Gowling WLG means that you agree and consent that we may collect, use and disclose your Personal Information under this Privacy Policy. If you do not agree with these terms, you are requested not to provide any Personal Information to Gowling WLG. Certain services can only be offered if you provide Personal Information to Gowling WLG, but other information may be optional. If you choose not provide us with any required Personal Information, we may not be able to offer you certain services.

Consent may be given in different ways such as: a) expressly by signing a document, agreeing through electronic means or verbally; or b) implicitly by providing the Personal Information voluntarily.

There may be circumstances where you have provided Personal Information for an identified purpose, and Gowling WLG later needs to use that information for a different purpose. In such circumstances, Gowling WLG will seek your consent to use the information for the new purpose.

Please note that there are circumstances where the use and/or disclosure of Personal Information may be justified or permitted or where Gowling WLG may or must disclose information without consent, in accordance with the applicable law.

Where obliged or permitted to disclose information without consent, Gowling WLG will not disclose more information than is required for the purpose that obligates or permits us to disclose such information.

You have the right to revoke your consent to the collection, use and disclosure of your Personal Information at any time. However, revocation of your consent may result in our inability to provide services to you. We will discuss with you the reason we need your Personal Information and why the revocation of your consent affects our ability to provide the service or product to you.

Storage and security

Gowling WLG has taken steps to maintain physical, procedural and technical security for Personal Information.

Gowling WLG (Canada) LLP holds Personal Information principally in the cities in which it has offices or production facilities and nearby municipalities where off-site storage facilities may be located, and such information may be accessed by those individuals that need to know such information in order that Gowling WLG may provide our services.

Cyber Essentials

Gowling WLG (UK) LLP is Cyber Essentials Plus certified.

Cyber Essentials is a UK government-backed cyber security certification scheme that sets out a good baseline of cyber security suitable for all organisations in all sectors. The scheme addresses five key controls that, when implemented correctly, can prevent around 80% of cyber attacks.

Accuracy and access

Gowling WLG endeavours to ensure that any Personal Information provided and in its possession is as accurate, current and complete as necessary for the purposes for which we use that information.

You have a right to request access to your Personal Information and to request a correction to it if you believe it is inaccurate. In the event that you believe that your Personal Information is not accurate or you wish access to your Personal Information, you may make a request to the applicable Gowling WLG entity. You may find the contact information for Gowling WLG (Canada) LLP and Gowling WLG (UK) LLP below. A small fee will be payable for access to personal information held by Gowling WLG (UK) LLP.

We will always endeavor to provide timely access to your Personal Information. However, we may verify your identity to our satisfaction prior to doing so. Further, there may be circumstances where access cannot be granted. For example, where access would lead to the disclosure of Personal Information of another individual and that individual refuses to provide consent to the disclosure, or information subject to privilege or other legal restrictions. In such cases you will be notified of the reason why it is not possible to grant access to your Personal Information.

Amendment of our practices and this privacy policy

This Privacy Policy is in effect as of February 19, 2016, and has been updated as of February 19, 2016. Gowling WLG will from time to time review and revise its privacy practices and this Privacy Policy. In the event of any amendment, an appropriate notice will be posted on Gowling WLG websites.

Your continued access to and/or use of our websites or provision of personal information to us after any such changes constitutes your acceptance of, and agreement to this Privacy Policy, as revised. Please periodically review this Privacy Policy so that you know what personal information we collect, how we use it, and with whom we may share it.

Contact us

If you ever have any questions, complaints or concerns regarding this Privacy Policy, any Personal Information you have submitted to a Gowling WLG entity, or if you would like to:

  • access Personal Information that you have already provided so that you can correct or update it, or request that it be deleted, or
  • report any violation of this Privacy Policy

You may contact the applicable Gowling WLG entity, or the Gowling WLG professionals with whom you have a relationship.

You may contact the Gowling WLG (Canada) LLP Privacy Officer by email at chiefprivacyofficer.ca@gowlingwlg.com, or by mail at:

Gowling WLG (Canada) LLP
1 First Canadian Place
100 King Street West
Suite 1600
Toronto, Ontario
Canada M5X 1G5
ATTN: Chief Privacy Officer

You may contact Gowling WLG (UK) LLP at mail@gowlingwlg.com or on +44 (0)370 903 1000.