||LAWPRO is honoured to be recognized with a "2006 Top Privacy Policies in Canada Award"
LAWPRO® Privacy Code
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LAWPRO's Commitment to Privacy
Protecting your privacy and the confidentiality of your
personal information has always been an important aspect
of LAWPRO's operations. As a provider of insurance products
and related services, the collection and use of customers'
personal information is fundamental to our day-to-day
business operations. In fact, an insurance company's most
important asset is its information.
We strive to provide you with the best customer service.
To us, that includes treating your personal information
fairly and with respect. Each LAWPRO employee and
representative must abide by our commitment to privacy
in the handling of personal information. LAWPRO is also
concerned about the personal information of its employees
Applicability of LAWPRO's Privacy Code
LAWPRO's Privacy Code informs you of our commitment
to, and policy on, privacy. It tells you the ways we ensure
that your privacy and the confidentiality of your personal
information are protected.
In this Code, "we", "us" and "our" means Lawyers' Professional Indemnity Company (LAWPRO), which includes the
TitlePLUS® and practicePRO® programs. "You" and "your" means the individual who is a customer or
potential customer of LAWPRO. In other words, our Privacy Code applies to protect the personal information, in our possession
and control, of lawyers we insure or have insured, all TitlePLUS policyholders and all users of the LAWPRO, TitlePLUS,
practicePRO, and online COACHING CENTRE Web sites.
However, this Code does not apply to personal information
collected, used or disclosed by LAWPRO for the purpose of
operating the mandatory professional liability program for
the Law Society of Upper Canada or any other law society
from time to time.
Our websites may contain links to other websites that are
provided and maintained exclusively by third parties.
Websites provided and maintained by third parties are not
subject to this Privacy Code. Please review the privacy
policies on those websites to determine their information
What is Personal Information?
Personal information is any piece of information, either
factual or subjective, about an identifiable individual.
The 10 Principles of Privacy
Our Privacy Code consists of the following ten key principles:
At LAWPRO, we take our commitment to securing your
privacy very seriously. Each employee and representative
of LAWPRO is responsible for the personal information
under their control. Our employees are informed
about the importance of privacy and receive information
periodically to update them about our Privacy Code and
In addition to establishing this Privacy Code, we have
appointed a member of our Executive Group – Stephen R.
Freedman, General Counsel – as LAWPRO's Chief Privacy
Officer. Mr. Freedman is responsible for analyzing all
personal information handling practices at LAWPRO, and
at all times.
- Identifying Purposes: Why We Collect Information
Whenever we collect information or establish a file about
you, we will explain the purpose and how we intend to use
the personal information we collect. We will do this either
at that time of collecting personal information or earlier.
We will limit the information we collect to what we need
for those purposes, and we will use it only for those
purposes. We will obtain your consent if we wish to use
your information for any other purpose.
We ask you for information and create and maintain a file
about you to establish a relationship and serve you as your
insurer. We obtain most of our information about you
directly from you, or as required, from the Law Society of Upper Canada. In some cases, information may be obtained
from an authorized representative, such as your lawyer, or
a law firm managing partner or administrator.
The information we ask for depends on which services you
require from LAWPRO. For example, we create and maintain
a file with personal information about you in order to:
- evaluate your insurance needs;
- determine which insurance products or related services will meet those needs;
- evaluate applications being submitted, particularly with respect to insurance risks being undertaken; and
- administer our insurance programs properly, including the handling and resolution of claims.
We seek and confirm your consent to collect, use and disclose your personal
information at the time of collection or in advance. We will
endeavour to employ clear, understandable language when
we obtain your consent.
Consent may be expressed in writing or implied, and in
some cases, you may provide it verbally, electronically or
through your authorized representative, such as your
lawyer. Written consent includes completing and signing an
application for insurance or another LAWPRO product.
Implied consent may be found where you choose to use a
LAWPRO product or service, such as one of our websites,
or proceed with the purchase of coverage after explanation
of the relevant terms.
All electronic communication ("e-mail") with you that is not
essential to participation in a LAWPRO program includes a
straightforward "opt-out" feature that allows you to
request that we cease e-mail communication with you.
Not responding to our offer to have your name removed
from the e-mail list is another form of implied consent.
Before deciding what form of consent is appropriate,
LAWPRO will consider the requirements of applicable law,
the type of personal information it needs, the reason for its collection,
use or disclosure and the type of customer contact that is involved. For
- where you file an insurance application with us through your lawyer or managing partner, we may not have direct
contact with you. Therefore, we are unable to obtain direct consent from you; or
- where there is a claim against a LAWPRO
policyholder, there is usually a legal duty on us to defend that
policyholder's interests. In order to fulfill that obligation,
we must collect, use and disclose relevant personal information
about third parties involved in the claim, even though the third
parties have not given consent.
The choice to provide us with personal information is
always yours. Upon request, we will explain your options
of refusing or withdrawing consent to the collection, use
and release of your information, and we will record and
respect your written choices. However, your decision to
withhold particular details may limit the services we are
able to offer, whether at the time of application for insurance
or at a later date, such as upon receipt of a claim. In
particular, once you have been granted insurance coverage,
your ability to withdraw consent may be severely limited
even if you wish to forfeit coverage. This measure is
necessary to protect the integrity of the insurance
programs operated by LAWPRO. Furthermore, any refusing
or withdrawing of consent is always subject to any
overriding legal requirements or commitments.
- Limiting Collection
Information is not collected by LAWPRO without a specific,
limited requirement. We collect information by fair and
LAWPRO may collect some non-personal information from
time to time for underwriting purposes. However, any
adverse information would be disclosed to you or to your
lawyer prior to any underwriting decision being made.
When you visit our websites, information is not collected
that could identify you personally unless you choose to
provide it. You are welcome to browse these sites at any
time anonymously and privately, without revealing any
personal information about yourself.
When you telephone LAWPRO, we may see your name on
a "call display" feature. If you do not wish us to see your
name, please contact your communication provider for
instructions on blocking your identification from appearing,
or call us from a telephone number not associated with you.
- Limiting Use, Disclosure and Retention
The insurance file we establish and maintain about you and
the information we request from you is used/disclosed for the
purposes defined. We will seek your consent before using or disclosing
the information in the file for purposes beyond the scope
of your original consent unless required/permitted by law.
Under no circumstances do we sell customer lists or other
personal information to third parties for marketing
purposes. LAWPRO's policy is to use personal information
only to forward communications necessary or appropriate
to the fulfillment of our obligations as an insurer, which
may include related insurance and risk management
information. However, if you obtained one of our products
through an insurance intermediary, that intermediary may
use your information for marketing or other purposes as
permitted by applicable law. You should consult the
intermediary about its personal information practices.
There are some unavoidable types of disclosure of your
personal information which may occur occasionally as
part of LAWPRO fulfilling its routine obligations and/or
conducting its business in the ordinary course. This
includes disclosure to, for example, partners, consultants
and suppliers to LAWPRO (also known collectively as
"service providers"), assuming that they are abiding by
LAWPRO's Privacy Code (or their own code that provides generally equivalent protection) and only to the extent necessary
to allow them to provide business services or support to
LAWPRO, including technology, banking, financial, auditing,
accounting, legal and insurance services.
We will retain your information only for the time it is
required for the purposes we describe and as permitted by
applicable law. Once your personal information is no longer
required, it will be destroyed or made anonymous. However,
due to LAWPRO's ongoing exposure to potential claims and
need for actuarial analysis, most information collected and
aggregated is kept indefinitely.
In addition, some personal information may be retained
indefinitely because it is inseparable from records with
historical or archival value.
All decisions involving personal information should be
based on accurate and timely information. While we will do our best to base our decisions on accurate information,
we rely on individuals to disclose all material information
and to inform us of any relevant changes.
We will make reasonable efforts to keep your information
accurate and up-to-date, based upon satisfactory evidence
provided by you and to the extent updated information is
relevant to the purpose for which it was originally collected.
We regularly cross-check our name and address information
for lawyers and other professionals with the Law Society of
Upper Canada and other relevant provincial licensing
bodies in the jurisdictions where we carry on business. We
encourage our customers to review and confirm the
accuracy of information provided. If you find any errors in
this information, we urge you to contact us as soon as
possible (by phone, fax, mail, e-mail, or Internet), and we
will make the appropriate corrections immediately, upon
receipt of appropriate evidence.
- Safeguards: Protecting Your Information
We will protect your information with appropriate safeguards
and security measures, such as LAWPRO's computer
usage and security policies. Internal and external audits of our
procedures and security measures are conducted regularly
to ensure that they are being properly administered and
that they remain effective and appropriate.
LAWPRO maintains personal information in a combination of paper and electronic media. With respect to our business
generally, recent paper records concerning individuals' personal information are stored in files kept onsite at our
Toronto head office.
More specifically with respect to our business conducted in the Province of Québec, your file can be accessed
at the offices of LAWPRO's insurance representative. For current contact information,
please visit www.lawpro.ca/quebecrepresentative.
Older records containing individuals' personal information may be stored at an offsite storage facility.
Access to personal information will be authorized only for
LAWPRO's employees, representatives and service providers
who require access in the performance of their duties, to
any person granted access by the individual through the
consent process and to those otherwise authorized by law.
When providing information to service providers acting on
our behalf, we will require such organizations or individuals
to abide by our Privacy Code or to have their own code
which gives generally equivalent protection. We will give them
only the information necessary to perform the services for
which they are engaged, and will require that they not
store, analyze or use that information for purposes other
than to carry out those services.
LAWPRO's computer systems, including portions of our
websites, are password-secured and constructed in such a
way that only authorized individuals can access secure
systems and databases. To safeguard against unauthorized
access to your personal information via the Internet, you
are required to "sign on" to certain secure areas of LAWPRO
websites using an individual, confidential password.
Passwords to the LAWPRO family of websites are provided
only upon verbal confirmation directly with the LSUC
member or by use of an electronic system which contains
identity verification processes. Generic passwords are only
employed where there is no confidential information being
displayed on the screen by LAWPRO.
If you send us an e-mail message that includes personal
information (such as your name included in the "address"),
we will use that information to respond to your inquiry.
Please remember that e-mail is not necessarily secure against
interception. If your communication is very sensitive, or
includes information such as your bank account or credit
card number, you should not send it electronically unless
the e-mail is encrypted or your browser indicates that the
access to our website is secure.
To review the LAWPRO Security Policy, please click here.
- Openness: Keeping You Informed
LAWPRO has prepared this plain-language Privacy Code to keep you informed. It is made available to the public,
in paper form from the address set out below and in electronic form, on
If you have any additional questions or concerns about
privacy, we invite you to contact us by phone, fax, mail,
e-mail, or our websites, and we will address your concerns
to the best of our ability.
- Providing Individual Access
We will give you access to the information we retain about
you within a reasonable time, with a written request,
satisfactory identification and proof of entitlement. You
also have the right to know:
- how we collected your personal information;
- how we are using it; and
- to whom it may have been disclosed,
except where such disclosure was to a governmental body or
service provider to LAWPRO for routine purposes. This would
include, for example, auditors, reinsurers and accountants
acting for LAWPRO.
We may charge you a nominal fee and if so, we will give
you notice in advance of processing your request.
If you find any errors in this information, we urge you to
contact us as soon as possible (by phone, fax, mail, e-mail,
or our websites), and we will make the appropriate
corrections immediately, based on the receipt of satisfactory
In some cases we may not provide access to personal
information within our possession or control. This may
- providing access would be likely to reveal personal information about a third party or could pose a threat to
the security of the third party, and the information cannot be segregated;
- disclosure would reveal confidential commercial information of LAWPRO;
- it would be too costly, in our determination, to retrieve it;
- the personal information is protected by solicitor-client privilege; or
- the information has been collected during the investigation of a legal matter or cannot be
disclosed for other legal reasons, such as a non-disclosure agreement.
If we deny your individual request for access to your
personal information, we will advise you in writing of
the reason for the refusal and you may then challenge
- Providing Recourse: Respecting and Responding to Your Privacy Concerns
LAWPRO encourages you to contact us with any questions
or concerns you might have about your privacy or our Privacy
Code. We will investigate and respond to your concerns
about any aspect of our handling of your information.
In most cases, an issue is resolved simply by telling us about it and discussing it. You can reach LAWPRO Customer
Service by phone at 416-598-5899 (1-800-410-1013 toll free), by fax at 416-599-8341 (1-800-286-7639 toll free),
by e-mail at [email protected], or by mail at:
LAWPRO Customer Service
250 Yonge Street, Suite 3101, P.O. Box 3
Toronto, Ontario M5B 2L7
If, after contacting LAWPRO Customer Service, you feel that your concerns have not been addressed satisfactorily,
please contact the LAWPRO Chief Privacy Officer at 416-598-5800,
[email protected], or by mail at the above address. Please be sure to include
your name, address, preferred method of communication, the nature of your complaint, and relevant details,
including your past communications with us.
If the issue is still not resolved satisfactorily, we will provide
information on other complaint procedures that may be
available to you.
Any changes to our Privacy Code and information handling
practices shall be acknowledged in this Privacy Code in a
timely manner. We may add, modify or remove portions of
this Code when we feel it is appropriate to do so. You may
determine when this Code was last updated by referring to
the modification date found at the bottom of the page.
Version No.8; September 2015
Last updated Sep. 25, 2015