Ontario Trial Lawyers Association

Privacy Policy and Terms of Use

Privacy Policy Concerning Members’ Personal Information
 
The Ontario Trial Lawyers Association (OTLA), as a professional voluntary organization, is committed to enhancing the interests of its membership. Consistent with these objectives and its mandate, OTLA is dedicated to maintaining high standards of confidentiality with respect to the information that has been provided to us. This Policy Statement has been prepared to affirm our commitment to maintaining the privacy of our Members and others and to inform you of our practices concerning the collection, use and disclosure of Personal Information provided to OTLA. For the purposes of this policy, “Member” means an individual who has been accepted for membership in OTLA or who seeks to become a member of OTLA.

Our obligations apply to all officers, employees, contractors and agents who provide services to or on behalf of OTLA in connection with our delivery of products, services and information to our Members.

In the event of questions about: (i) access to your Personal Information; (ii) our collection, use, management or disclosure of Personal Information; or (iii) this policy; please contact, the CEO at llangston@otla.com, 1190 Blair Road, Burlington, ON L7M 1K9 Tel: (905) 639-6852, Fax: (905) 639-3100.

What is Personal Information?

Personal information is any information about an identifiable individual, other than an individual’s business title or business contact information. Personal information (e.g. name, address, age, credit card information, banking information) does not include information that cannot be associated with or tracked back to a specific individual. Information that is publicly available, such as a telephone book listing, is also not considered to be personal information.

Why OTLA May Collect Personal Information

OTLA collects information provided in writing (including via electronic media) or verbally about Members, and does so to fulfil the objectives and mandate of the Association, which involves:

• Communicating with and determining the needs of its membership;
• Providing products, services and information to its Members;
• Permitting affiliated organizations and preferred suppliers to provide products, services and information to Members;
• Managing our relationship with Members;
• Meeting any legal or regulatory requirement; and
• Such other purposes consistent with the foregoing purposes.

How OTLA Uses Personal Information

OTLA only collects, uses and discloses Personal Information for purposes that would be considered reasonable in the circumstances and only such information as is required for the purposes of providing products, services or information to our Members. We use only fair and lawful methods to collect Personal Information.

Our use of Personal Information is limited to the purposes described in this policy.

When OTLA May Disclose Your Personal Information

As a general rule, all information concerning a Member is held in strict confidence and, except in limited circumstances, is not revealed to anyone unless expressly or implicitly authorized by the Member. OTLA may lease the name, address, telephone number and email address of Members (“OTLA membership information”) to affiliated organizations, preferred suppliers and other reputable organizations when:

• In the opinion of OTLA, such usage constitutes a service and information pertinent to the members of OTLA, and
• OTLA has the written agreement of such organizations to adhere to specific requirements with respect to their use of such information.

Where OTLA discloses Personal Information to organizations that perform services on its behalf, we will require those service providers to use such information solely for the purposes of providing services to the person concerned or OTLA and to have appropriate safeguards for the protection of that Personal Information.

Please note that there are circumstances where the use and/or disclosure of Personal Information may be justified or permitted or where OTLA is obliged to disclose information without consent. Such circumstances may include:

• Where required by law or by order or requirement of a court, administrative agency or other governmental tribunal;
• Where OTLA believes, upon reasonable grounds, that it is necessary to protect the rights, privacy, safety or property of an identifiable person or group;
• Where it is necessary to establish or collect fees;
• Where it is necessary to permit OTLA to pursue available remedies or limit any damages that OTLA may sustain; or
• Where the information is public.

Where obliged or permitted to disclose information without consent, OTLA will not disclose more information than is required.

Consent

Unless permitted by law, no Personal Information is collected without first obtaining the consent of the individual concerned to the collection, use and dissemination of that information. However, we may seek consent to use and disclose Personal Information after it has been collected in those cases where OTLA wishes to use the information for a purpose not identified in this policy or not previously identified or for which the individual concerned has not previously consented.

If a Member consents, his/her personal information shall be used for the purposes indicated in this policy statement. If a member does not consent, then his/her personal information shall be used by OTLA for purposes of communicating with the Member only and shall not be provided to anyone else (e.g. preferred suppliers). In the event a Member does not indicate his/her consent, the submission of the information constitutes the consent of an applicant to the use of his or her personal information for these purposes.

If a Member wishes to withdraw his/her consent to have his/her OTLA membership information disclosed to affiliated organizations, preferred suppliers and other reputable organizations, the Member should contact OTLA.

The Accuracy and Retention of Personal Information

OTLA endeavours to ensure that any Personal Information provided by its Members and in its possession is as accurate, current and complete as necessary for the purposes for which OTLA uses that information. If we become aware that Personal Information is inaccurate, incomplete or out of date, OTLA will revise the Personal Information and, if necessary, use its best efforts to inform third parties which were provided with inaccurate information so that those third parties may also correct their records. Information about a former member is not actively maintained and, for so long as it is held by OTLA, OTLA cannot assure the accuracy of such information.

We keep your Personal Information only as long as it is required for the reasons it was collected. This period may extend beyond the end of a Member’s relationship with OTLA but it will be only for so long as it is necessary for us to communicate with you or to have sufficient information to respond to any issues that may arise at a later date. When your Personal Information is no longer required by OTLA, we have procedures to destroy, delete, erase or convert it into an anonymous form.

Currently, the principal place in which OTLA holds Personal Information is the city of Burlington, Ontario.

Protection of Personal Information

OTLA endeavours to maintain appropriate physical, procedural and technical security with respect to its offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure, or modification of Personal Information. This also applies to our disposal or destruction of Personal Information.

OTLA further protects Personal Information by restricting access to it to those employees that the management of OTLA has determined need to know that information in order that we may provide our products, services or information.

If any employee of OTLA misuses Personal Information, this will be considered a serious offence for which disciplinary action may be taken, up to and including termination of employment. If any individual or organization misuses Personal Information – provided for the purpose of providing services to or for OTLA – this will be considered a serious issue for which action may be taken, up to and including termination of any agreement between OTLA and that individual or organization.

Access To Your Personal Information

OTLA permits the reasonable right of access and review of Personal Information held by us about a Member and will endeavour to provide the information in question within a reasonable time and no later than 30 days following the request. Where information will not or cannot be disclosed, the individual making the request will be provided with the reasons for non-disclosure.

Further information concerning OTLA’s access policy and procedures may be obtained by contacting our CEO.

OTLA will not charge a Member for verifying or correcting his/her Personal Information. 
 
Visiting OTLA’s Website
 
A visitor to OTLA’s website (www.otla.com) is not required to reveal any individually identifiable information, such as name, address, or telephone number. Nor is such information collected passively by electronic means. In order to access and use the Members-only portions of the site, members will need to provide certain Personal Information. Such personal information will only be used for providing services and information to Members.

Information is collected when an individual voluntarily completes an on-line membership application form or completes an online survey. This information is collected, used or disclosed in a manner consistent with this policy statement. Email addresses are also collected during the on-line membership application process but applicants may indicate that they do not wish to receive any unsolicited electronic communication.

Our web server does not collect visitor information in the form of the visitor’s domain or Internet Protocol (IP) address but does collect information regarding which pages are being accessed. This information is used internally, only in aggregate form, to better serve visitors by helping us to

• Manage our sites;
• Diagnose any technical problems; and
• Improve the content of our website.

Following its use, the information collected is not retained but, rather, is discarded in a secure manner.

Individuals who wish to purchase documents are requested to supply one or more items of data within the following classes of information:

• corporate identification information;
• personal identification information;
• financial information (e.g. credit card information; purchase order numbers or any other payment information for billing purposes); and
• delivery information

This information is collected for billing and delivery purposes as well as to permit us to contact the individual with respect to actions taken by us to complete the order.

If you purchase documents through OTLA’s website using a credit card, your credit card information is used only for credit card processing purposes and is not stored or retained by OTLA.

For the transfer and receipt of certain types of sensitive information such as financial information, visitors will be re-directed to a secure server and will be notified through a pop-up screen on the site.

In browsing the Internet, you will encounter a technology called “cookies” which can be used to provide you with specific information from a website as well as provide the operator of a website with information about you. “Session” cookies are temporary bits of information that are erased once you exit your web browser window or otherwise turn your computer off. Session cookies are used to improve navigation on websites and to collect aggregate statistical information. This site uses session cookies to only record session information.

Most Internet browsers are initially set to accept cookies. If you do not wish to accept cookies, you can set yours to refuse cookies or to alert you when cookies are being sent.

OTLA does have a relationship with an ad server company but does not permit any ad server company to collect information about users such as domain type, IP address, and clickstream information.

A user of OTLA’s website may access the information held by OTLA about them in connection with their visits to this Site as well as their account information. Users may request the correction of any inaccuracies in such information. Access to and, if required, correction of such information may be arranged by sending an email message to Linda Langston, CEO llangston@otla.com, telephoning or writing OTLA at the contact indicated at the beginning of this policy.

Evolving Practices

This statement is in effect as of June 24, 2010. OTLA will from time to time review and revise its privacy practices and this policy. In the event of any amendment, a notice will be posted on www.otla.com and published in appropriate OTLA publications. Policy changes will apply to the information collected from the date of posting to OTLA’s website as well as to existing information held by OTLA.

 

Terms of Use

IMPORTANT: Please read the following information carefully. The OTLA.COM Website (the “Website”) is owned by the Ontario Trial Lawyers Association (“OTLA”) and operated by TrialSmith Inc. (“TrialSmith”). This page states the Terms of Use and Disclaimer under which you may use the website. By accessing this website, you are agreeing to be bound by these Terms of Use and Disclaimer. If you do not accept the Terms of Use and Disclaimer stated herein, do not use the website. OTLA may revise these Terms of Use and Disclaimer at any time by updating this posting. You should visit this page periodically to review the Terms of Use and Disclaimer because they are binding on you.

Copyright

The contents of the website, such as text, publications, newsletters, articles, opinions, minutes of meetings, notice of meetings, views, graphics, images, HTML code, multimedia clips, Java code, and the selection and arrangement of information (“Materials”), are protected by copyright and other intellectual property laws under both Canadian and foreign laws. Unauthorized use of the Materials may violate copyright, trademark, patent and other laws. You must retain all copyright and other proprietary notices contained in the original Materials on any copy you make of the Materials.

License

You are granted a limited licence to use (display or print) the Materials, provided the Materials are not modified and a copy of these terms of use and disclaimer is attached to any copies that are made. You are further granted a limited license to use the email and Internet links (the “Services”) provided on the website. Any other use of the Materials or Services is prohibited. All rights not expressly granted herein are reserved. None of the Materials or Services may be otherwise reproduced, re-published, re-disseminated or otherwise provided in any manner or form without the prior written consent of OTLA or the third party to which the intellectual property rights belong. You may not sell or modify the Materials or Services or reproduce, display, publicly perform, distribute, or otherwise use the Materials or Services in any way for any public or commercial purpose. The use of the Materials or Services on any other website or in a networked computer environment for any purpose is prohibited. If you violate any of these Terms and Conditions, your permission to use the Materials and Services automatically terminates and you must immediately destroy any copies you have made of the Materials.

Limitation of Warranties And Disclaimer

The Materials and Services are provided for educational or informational purposes only and are not intended to provide legal, accounting or tax advice and should not be relied upon in that respect. You should not act or rely on any information on this website without seeking the advice of a professional. Any opinion, advice, article, publication, statement, service, offer, or other information or content expressed or made available on this website or on any site linked to this website, is that of the respective author or distributor and not of OTLA. OTLA assumes no obligation to update the Materials, advise on further developments concerning topics mentioned or update the functionality of the Services. The information contained on this website may contain typographical errors. The Materials and Services may be changed without notice. The materials and services contained in this website are provided “as is” without any representations, warranties or conditions of any kind, express or implied, including, without limitation, implied warranties or conditions of fitness for a particular purpose or use, or non-infringement. Further, no representations or warranties are made concerning the accuracy, completeness, timeliness or reliability of the materials or services, or of any information contained in any site linked to this website. OTLA does not warrant or guarantee uninterrupted access to the website, any site linked to this website or to the availability of internet email links provided on the website. In no event shall OTLA, its officers, affiliates, agents, licensors, employees or internet service provider(s) (collectively “its representatives”) be liable to you or any third party for any direct, indirect, incidental, special or consequential damages whatsoever, including but not limited to lost revenue, lost or damaged data or other commercial or economic loss, whether based in contract, tort (including negligence) or any other theory of liability. The foregoing limitation shall apply even if OTLA or its representatives have been advised or should have known of the possibility of such damage.

Confidentiality

Absent the use of encryption, the Internet is not a secured medium and privacy cannot be ensured. Internet email is vulnerable to interception and forging. Neither OTLA nor TrialSmith will be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to any third party through the Internet email links provided on this website. Neither OTLA nor TrialSmith is responsible for any errors or any changes made to any transmitted information. Should you decide to transmit information using Internet email links, you do so at your own risk.

Computer Viruses

While OTLA and TrialSmith make reasonable efforts to ensure that all Materials and Services provided on this website do not contain computer viruses, you are responsible to take the appropriate precautions to scan for computer viruses and to ensure that you have a complete and current back up of the applicable items contained on your computer system.

Links to Other Sites

The website may contain links to other sites as well as email links. These links are provided solely as a convenience to you. These other sites were independently developed by parties other than OTLA and OTLA assumes no responsibility for the accuracy or appropriateness of the information contained in such sites. The inclusion of any link to another site does not imply endorsement by OTLA. Any mention of another party or its product or service on the website should not be construed as an endorsement of that party or its product service. If you decide to access linked third party websites, you do so at your own risk.