Privacy Policy

At Counter Tax Litigators LLP, we prioritize the safeguarding of personal information entrusted to us. This commitment shapes our actions as we collect, use, and disclose personal information in the daily operations of our law firm and the provision of legal services. Adhering to all applicable regulatory requirements, including relevant privacy laws, forms a core part of our approach, aligning with our professional and ethical obligations. As dedicated legal professionals, we uphold a strict code of confidentiality regarding all information received through our client relationships.

Our Privacy Policy clarifies how we handle the personal information of our clients, other individuals, and visitors to our website (“you”). This policy reflects our team’s dedication to transparency and ethical practice in managing sensitive information.

Personal Information

Personal information pertains to data concerning an identifiable individual. Generally, this does not cover business contact details used to interact with you in your professional capacity. This includes your name, title, position, and business telephone or facsimile number. Counter adopts this definition to maintain transparency and accuracy in information handling procedures.

Policies and Procedures

Counter takes responsibility under relevant privacy legislation for the personal information we hold or control. We have designated a Privacy Officer to ensure diligent oversight of privacy matters within our firm. You can reach our Privacy Officer as detailed in the Contact Us section below.

Our commitment to safeguarding personal information extends to establishing comprehensive policies and procedures. These directives guide our treatment of personal data and include, but are not limited to, the following aspects:

1. We have formulated policies and procedures to shield personal information in our custody and control from unauthorized access, use, or disclosure.
   
   
2. We have established mechanisms to address requests and complaints from data subjects promptly and effectively.
   
   
3. We have instituted a privacy framework outlining the roles and responsibilities of our employees in handling personal information.

At Counter, our approach to privacy governance reflects our dedication to maintaining the highest data protection standards and ethical conduct.

Collection Methods

Primarily, Counter acquires personal information directly from individuals. Nonetheless, there are instances where we gather information indirectly, such as through background screenings for job applicants. Additionally, as elaborated in the subsequent sections, we collect personal information automatically via our websites.

This approach to information collection, combining direct and indirect methods, ensures we comprehensively understand the needs and backgrounds of those we interact with, be they clients, potential employees, or website visitors. At Counter, we prioritize the responsible and transparent collection of personal information, adhering to legal and ethical standards.

Counter's Collection and Use of Personal Information

Legal Services Provision: At Counter, we collect, use, and disclose personal information primarily for delivering professional legal services and representation to our clients. Our activities in this regard include:

• Establishing and managing client relationships, providing legal advice, performing legal services, fulfilling legal duties (like Know Your Client obligations), and avoiding legal conflicts of interest.
• Sharing personal information with third parties for legal services delivery, especially in legal proceedings such as litigation, arbitration, mediation, or others. This may involve interacting with opposing parties, other legal counsel and advisors, witnesses, courts, and decision-makers.
• Representing clients in business transactions that involve personal information exchange or disclosure, including acquisitions, sales, mergers, public offerings, and other related activities.
• Establishing and maintaining commercial relationships with clients, suppliers, and third parties, including invoicing, account administration, payment processing, credit evaluations, and contract fulfillment.
• Communicating with clients and others for market research, client service evaluation, and satisfaction assessments.
• Developing and managing our information systems, including those for file transfer, e-discovery, document management, and knowledge management.
• Preventing errors, negligence, contract breaches, fraud, theft, and other illegal activities, and fulfilling our insurance requirements.
• Developing and managing our business and operations.
• Complying with legal or regulatory requirements or provisions.

We maintain records of our work and services, including personal information, in line with regulatory requirements and professional standards, with appropriate safeguards against unauthorized access (see Safeguards).

We may ask for updates to your personal information, contact details, or preferences. Clients can update their information by contacting their lead lawyer.

Newsletters, Publications, Seminars: Subscribing to Counter’s newsletters or other information involves providing details like your name, email, preferred language, job title, company, location, etc. You can unsubscribe using the link in each email or by contacting us as indicated in the Contact Us section.

Events: For event attendance, we collect business contact information to service you at our events and inform you about future events and promotions.

Job Applicants: Information provided during job applications helps us process your application for current and future opportunities, conduct interviews, and facilitate onboarding.

Scholarships and Moots: We collect necessary personal information for scholarship and moot applications to evaluate your application and facilitate award processes.

Alumni Relations: As a Counter alumnus, we collect your name and email for alum services. Unsubscribe options are available for electronic communications.

Consent Framework

At Counter, we obtain consent for collecting, using, and disclosing personal information about clients and others as required by applicable privacy laws. We assume that an individual consents to our reasonable collection and use of personal information for intended purposes when they initiate contact with us or voluntarily provide their information. Similarly, we presume that clients who engage our services, or individuals involved in legal matters opposite or adverse to our clients, consent to the reasonable collection, use, and disclosure of their personal information by our professionals for legal representation or advice, and in the conduct of transactions or proceedings involving our clients. If you provide us with a third party’s personal information, we rely on your responsibility to secure all necessary consents for us to collect, use, and disclose this information according to the purposes outlined in this Privacy Policy and as permitted by law.

We adhere strictly to the principle of not collecting, using, or disclosing personal information without consent, except in cases where the law authorizes or requires it. These exceptions include:

If a client supplies third-party personal information for our legal representation or advice:

• In response to a court order, subpoena, or as required by regulatory bodies with jurisdiction to compel production;
• When information is publicly accessible as defined by applicable privacy legislation, such as in directories, registries, court records, or published materials;
• If investigating a breach of an agreement, legal duty, or law violation where seeking consent could impede the investigation or accuracy of the information;
• When required to disclose personal information to lawful authorities; or
• As otherwise authorized by law.

Our approach ensures that we respect and protect personal information while fulfilling our legal and professional obligations.

Sharing of Personal Information at Counter

Legal Services: Counter may share personal information with third parties when providing legal services. This typically occurs within the context of legal proceedings, including litigation, arbitration, mediation, or similar processes. The third parties involved include opposing parties, interested parties, counsel (both opposing and foreign), advisors, witnesses, courts, adjudicators, arbitrators, other decision-makers, and experts. This sharing is integral to our legal service provision, ensuring effective representation and advice for our clients. 

Service Providers: Counter collaborates with affiliated and independent companies, agents, and contractors to support our service delivery. These collaborations encompass a range of functions, such as data hosting, billing support, document storage, software support, webinar delivery, communication dispatch, background checks, job applicant management, and secure file transfers. We grant these service providers access to personal information as necessary for their services. Importantly, we mandate these providers to uphold the confidentiality and security of personal information. They are not authorized to use personal information beyond what we specify. 

Legal Requirements: Counter or our third-party service providers might disclose personal information in response to legal inquiries such as search warrants or other valid orders. This also extends to situations involving the investigation of agreement breaches, law contraventions, fraud detection, suppression, or prevention. Such disclosures comply with applicable Canadian, US, or other international laws, which may include lawful access requests from governmental authorities, regulators, courts, or law enforcement agencies in the jurisdictions where we or our service providers operate.

Business Transactions: In scenarios involving potential or completed business dealings, such as asset sales, mergers, or corporate restructuring, we may disclose personal information when necessary. This disclosure aligns with the requirements of such transactions and supports the seamless execution of business changes.

At Counter, our commitment to maintaining the confidentiality and integrity of personal information remains paramount, even as we navigate the necessary data sharing within our legal and business practices.

Transfer of Personal Information at Counter

At Counter, we primarily store and process client data within Canada. However, sometimes, Counter and our service providers, including our affiliates, may access, store, and process this data outside Canada. This includes the United States, the United Kingdom, the European Union, and other international jurisdictions.

For individuals in Quebec, it’s important to note that this practice also applies to transferring their information outside the province of Quebec. This approach enables us to leverage global resources and expertise, enhancing our service offerings while adhering to applicable data protection standards and regulations.

We take considerable care to ensure the security and confidentiality of all personal information, regardless of where processing or storage occurs. Our commitment to protecting personal information extends across all geographical boundaries, maintaining the high standards of privacy and security that our clients and partners expect from Counter.

Website Information at Counter

Visiting Our Website: You can visit Counter’s website without revealing your identity or providing personal information. We collect data such as IP addresses, page requests, browser type, operating system, and average time spent on our site. This information helps us understand website activity and improve the user experience.

Cookies: Our website employs cookies, small data elements sent to your browser for storage on your hard drive. These cookies help us recognize your computer or device upon your return. Similar technologies like clear GIFs, web beacons, and pixel tags also fall under our use of cookies. You can configure your browser to alert you when you receive a cookie or to refuse certain cookies. However, not accepting cookies may limit some features of our website. For more information on our cookie usage and your choices, please refer to the cookie icon at the bottom left-hand corner of our web page.

Analytics: We may utilize third-party services like Google Analytics to analyze user engagement with our website. This includes monitoring the most visited pages, time spent, search terms, and other engagement data. These third parties may use cookies and other tracking technologies. To prevent Google from storing and processing this data, you can download a browser plug-in from this link: Google Analytics Opt-out. Additional information on Google Analytics’ data privacy and security can be found at their policy sites.

Interest-Based Advertising: We partner with third parties for behavioural or interest-based advertising. These partners use tracking technologies on our website to tailor advertisements across the Internet based on your activities. You can opt out of receiving online interest-based advertising from these third-party advertising companies on our website.

Opting-Out of Interest-Based Advertising: To opt out of interest-based advertising by third parties on our site, use the cookie icon on our webpage. For broader options, including opting out from third-party advertising companies participating in the Digital Advertising Alliance of Canada, visit Digital Advertising Alliance of Canada. Note that opting out doesn’t stop data collection for other purposes like analytics, and you’ll still see ads from us, but they may be less relevant.

Opt-Out Requirements: For the opt-out to be effective, your web browser must accept cookies. The opt-out applies only to the browser used and must be repeated on each browser and computer. If you delete your browser’s saved cookies, you’ll need to opt out again.

Third-Party Links: Our website may contain links to external sites not operated by Counter. These links, provided for convenience, do not imply endorsement or referral. These third-party sites have their own privacy policies and terms of use, over which we have no control. We'd like to encourage you to review their privacy policies when visiting these sites.

Safeguards at Counter

At Counter, we have instituted various administrative, technical, and physical safeguards to protect the personal information in our care. These measures, designed to be reasonable and effective, help prevent theft, loss, and unauthorized access, use, modification, and disclosure of personal information.

We understand the critical importance of safeguarding personal data. We are committed to continuously reviewing and enhancing these measures to ensure the highest level of security and privacy for the information entrusted to us.

Your Choices with Counter

As we talked about before, if you subscribe to our email communications, you can unsubscribe anytime. Click on the “unsubscribe” link at the bottom of each email. Alternatively, if you prefer not to receive our marketing communications, you can opt-out by contacting us using the contact details provided in the “Contact Us” section below.

For opting out of interest-based advertising, please refer to the instructions in the “Opting-out of Interest-Based Advertising” section.

Moreover, you will be able to withdraw your consent at any point. For this, please get in touch with us as detailed in the “Contact Us” section. We at Counter are committed to respecting your choices and ensuring that your preferences regarding your personal information get honoured promptly and efficiently.

Updates to the Privacy Policy

We periodically review and may update our Privacy Policy to align with changes in our privacy practices. We encourage you to visit this page regularly to stay informed about any modifications. The date of the most recent update will always appear at the bottom of the Privacy Policy.

Your Rights at Counter

At Counter, you hold certain rights regarding your personal information. These include:

Access and Update: You can access your personal information and update or rectify any inaccuracies.

Withdrawal of Consent: You may withdraw your consent regarding our collection, use, and disclosure of your personal information, subject to legal or contractual limitations.

Ceasing Dissemination or De-indexing: You can request that we stop disseminating your personal information or de-index it under applicable laws.

Please submit a written request to our Privacy Officer to exercise these rights. The contact details are in the “Contact Us” section below.

Please note that processing such requests will occur within the bounds of applicable privacy laws. Exceptions to these rights may include situations involving solicitor-client privilege, information produced during formal dispute resolution, data about another individual that would reveal confidential commercial information or instances where legal obligations necessitate withholding information from disclosure.

At Counter, we respect and uphold your rights concerning personal information, ensuring adherence to legal standards while valuing your privacy preferences.

Contact Us

If you have any inquiries, concerns, or comments regarding this Privacy Policy or wish to discuss how we or our service providers handle your personal information, please don’t hesitate to reach out. Similarly, if you would like to access to the personal information we hold about you, please get in touch with us at the following address:

Privacy Officer
Counter Tax Litigators LLP
301-10 Alcorn Avenue
Toronto, ON MR 1X5
Email: privacyofficer@countertax.ca

At Counter, we're dedicated to addressing your concerns and questions with the utmost attention and respect, making sure that your privacy rights receive our full and prompt attention.

 

Updated: January 23, 2024.