Terms and Conditions

1. Website Terms of Use

All use of this website [capellekane.com and www.capellekane.com] is subject to the following Terms and Conditions. If you do not agree with these Terms and Conditions, please do not access or use this website. These terms may be changed by Capelle Kane at any time without notice. Your use of the website constitutes your agreement to be bound by these terms.

2. Terms and Conditions

(a) Disclaimers

The materials provided on this site are for information purposes only. These materials constitute general information relating to areas of law familiar to our firm lawyers. They do NOT constitute legal advice or other professional advice and you may not rely on the contents of this website as such. The contents of the website do not necessarily represent the opinions of Capelle Kane or its clients. If you require legal advice, you should retain competent legal counsel to advise you. If you would like to retain Capelle Kane please contact one of our lawyers, who will be pleased to discuss whether our firm can assist you. A solicitor-client relationship will arise between you and our firm only if we specifically agree to act for you. Until we specifically agree to act for you on a matter, you should not provide us with any confidential information or material. A solicitor-client relationship is not created by you sending any information to Capelle Kane.

(b) Confidentiality of Communications

Capelle Kane does not guarantee the confidentiality of any communications sent by e-mail or through its website, or left in voicemail messages on firm telephones. Unsolicited information and material may not be treated as confidential and will not be protected by any solicitor-client privilege. Accessing or using this website does not create a solicitor-client relationship. Although the use of the web site may facilitate access to or communications with members of Capelle Kane by e-mail or voicemail, receipt of any such communications or transmissions by any member of Capelle Kane does not create a solicitor-client relationship, unless our firm agrees to represent you. Although Capelle Kane has made reasonable efforts to ensure that the materials contained on this site are accurate, it does not warrant or guarantee: the accuracy, currency or completeness of the materials; that the site will be available without interruption, error or omission; that defects will be corrected; or that the website and the server(s) that make it available are free from viruses or harmful components. The website and the materials provided on the website are provided “as is” and “as available” without representations, warranties or conditions of any kind, either expressed or implied.

(c) Liability

Capelle Kane and its partners will have no liability for any damage arising from the misuse of any information provided on this website. The information provided on the website is not legal advice and should not be relied upon as such. Doing so without seeking the advice of legal counsel constitutes a misuse of the information.

(d) Copyright and Trade Marks

The copyright in this website and all materials contained in it is owned, or licensed by Capelle Kane. The Capelle Kane website, as a whole, or in part, may not be reproduced without the express prior written consent of Capelle Kane. To obtain such consent, please inquire directly to . All other brand names, product names and trademarks are the property of their respective owners.

(e) Linking to Our Website

Capelle Kane acknowledges and appreciates links to the Capelle Kane website. Links should go directly to the homepage at capellekane.com and www.capellekane.com, or to the biography of one of the firm’s professionals. Linking directly to pages within the site or framing content on the site is prohibited without the prior written consent of a representative of Capelle Kane marketing department.

(f) Links to Third Party Sites

The Capelle Kane website has been designed to be a resource for information on matters that might be of interest to current or potential clients. As a result, there may be links located on our website to third party sites. These links are provided for convenience only, and do not mean that Capelle Kane endorses or recommends the information contained in linked web sites, or guarantees its accuracy, timeliness or fitness for a particular purpose. Capelle Kane takes no responsibility for the content or practices of third party sites.

3. Privacy Policy

The lawyers and staff at Capelle Kane (sometimes referred to as “we”) are committed to protecting your privacy. This Privacy Policy outlines how we handle your personal information to protect your privacy.

(a) Privacy Legislation

Since January 1, 2004, all Canadian organizations engaged in commercial activities have been required to comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the Canadian Standards Association Model Code for the Protection of Personal Information incorporated by reference into PIPEDA. These obligations extend to lawyers and law firms, including Capelle Kane. In addition, an Act respecting the Protection of Personal Information in the Private Sector has been in force in Quebec since 1994 and sets out rules regarding the collection, use and disclosure of personal information within that province. Lastly, as a professional services firm, we have professional and ethical obligations to keep confidential the information we receive in the context of a lawyer-client and agent-client relationship.

(b) Personal Information

Personal information is defined in PIPEDA as information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization. In other words, it does not include the information that one expects to find on a business card.

(c) Consent to Our Collection of Personal Information

In most cases, we obtain your consent to collect, use and disclose your personal information. Usually, if you retain our firm, we assume that we have your implied consent to our collection and use of your personal information, however, at times we may ask for your express consent, either verbally or in writing. Generally, we collect your personal information directly from you at the start of or during the course of your retainer with our firm. Sometimes we may obtain information about you from other sources such as a government registry or other professionals who serve you.

(d) Use of Personal Information at Capelle Kane

We use your personal information to provide legal advice and services to you, to issue invoices and to maintain our database of clients. In addition, if you apply for a position with Capelle Kane, we will use your personal information to assess your candidacy. Lastly, we may use your contact information (name, e-mail and postal address) so that we may communicate with you about recent developments in the law, keep you abreast of Capelle Kane news and invite you to our firm events.

(e) Withdrawal of Consent

You may withdraw your consent to our collection, use and disclosure of your personal information at any time, subject to legal and/or contractual restrictions and upon reasonable notice. Your withdrawal of consent to our collection, use and disclosure of your personal information may impact our ability to represent you and provide you with legal advice. You can ask us not to send you marketing communications by following the opt-out instructions in each communication or you may let us know by contacting us at contact@capellekane.com.

(f) Disclosure of Personal Information

Generally, we do not disclose your personal information to third parties without your consent unless permitted or required by applicable laws or court orders. The following are some examples where we may disclose your personal information: such disclosure is necessary to collect fees or disbursements; we contract with a third party to provide us with certain services such as archival file storage or insurance (In such cases, we will use contractual or other means to ensure the third party service provider is bound by obligations regarding privacy which are consistent with this policy); or we engage expert witnesses or other law firms on your behalf.

(g) Accuracy of Your Information

It is important that the information that we have on file be accurate and up-to-date. If, during the course of the retainer, any of your information changes, please inform us so that we can make any necessary changes. We may also ask you from time to time whether your personal information is up-to-date.

(h) Safeguards

Capelle Kane uses various safeguards to ensure that your personal information is protected against loss, theft, misuse, unauthorized access, disclosure, copying or alteration. These include: security of our physical premises; our professional obligations; security software and firewalls to prevent unauthorized computer access or “hacking”; and internal passwords that restrict access to our electronic files.

(i) Access to your Personal Information

You have a right to challenge the accuracy and completeness of your personal information and to have it amended, as appropriate. You also have a right to request access to your personal information and receive an accounting of how that information has been used and disclosed, subject to certain exceptions prescribed by law. For example, if the requested information would reveal personal information about another individual, your request for access may be limited or denied. If your request for access is denied, Capelle Kane will notify you in writing of the reason for the denial. To request access or to amend your personal information, please contact the lawyer or agent with whom you normally correspond or write to our Privacy Contact at the address below. Capelle Kane will respond within thirty (30) days of receipt of your written request.

(j) Challenging Compliance

Capelle Kane will respond to inquiries about its policies and practices relating to its handling of your personal information. Inquiries should be directed to Capelle Kane Privacy Contact using the contact information below. Capelle Kane will investigate all complaints and will respond within 30 days of receipt of a written inquiry. If the complaint is found to be justified, Capelle Kane will take appropriate measures to resolve it, including, if necessary, amending this Policy and its procedures.

(k) Website Privacy

Like most other commercial websites, we may monitor traffic patterns, site usage and related site information to optimize your visit to our website. We do not use cookies or any electronic means to collect personal information from you or your computer; however, our website server will automatically collect IP addresses. We may view the IP log from time to time, for example, to maintain the security of our website. We do not link the IP addresses to other personally identifiable information.

(l) Privacy Contacts

If you have any questions or complaints about this Policy or the handling of your personal information, if you wish to withdraw your consent to our use of your personal information, or to request access to or update any information we have on file, please contact the lawyer or agent with whom you are dealing, or contact:

Betsy Kane
311 Richmond Road, Suite 200
Ottawa, Ontario
K1Z 6X3
Telephone: 613-230-7070
Fax: 613-230-9444

If any complaint or inquiry is not handled to your complete satisfaction, you may contact:

Privacy Commissioner of Canada
112 Kent Street
Ottawa, Ontario
K1A 1H3
Telephone: 613.995.8210
Toll free: 1.800.282.1376

(m) Changes to this Privacy Policy

We may change this Privacy Policy from time to time. Any changes will be posted on our website at capellekane.com and www.capellekane.com and will be made available upon request through your contact at Capelle Kane. Please check from time to time to ensure you are aware of our current policy.

4. Feedback

We welcome your feedback, if you have questions or comments about the Capelle Kane website, the legal notice or the firm’s privacy policy please contact us at contact@capellekane.com.