PRIVACY POLICY
Last updated October 15, 2024
TUNRUP Legal Intelligence Inc., (“TURNUP”, “we,” “us,” or “our”), is dedicated to safeguarding the privacy, confidentiality, accuracy, and security of the personal information collected. This Policy outlines how and why we collect, store, use, disclose, and protect the personal information of individuals who deal with us (“process”) such as: visiting our website; and engage with us through our e-discovery service (“Services”).
1. PERSONAL INFORMATION
Personal information refers to information about an identifiable individual or any information that allows an individual to be identified directly or indirectly.
Personal Information You Disclose to Us. We collect personal information that you freely provide to us when you retain us and use our Services, show interest in receiving information about us or our Services, engage in the use of our Services, or contact us in other ways.
Information Provided by You. The information we collect is determined by how you interact with us and the Services, the decisions you make, and the products and features you use. This information may include personal information and the following: names, phone numbers, email addresses, mailing addresses, usernames, contact preferences, billing addresses and such other information that you provide to us.
Payment Data. When retaining us or using our Services, we may gather the data required to facilitate your payment, including your payment instrument number and the security code linked to your payment instrument.
Information Automatically Collected. When you visit, use, or navigate our website and use our Services, we gather specific information automatically. Namely, our website uses cookies to track how people navigate it. Cookies are small bits of data stored on your computer to help your web browser remember things about the website. Most web browsers accept cookies automatically, but you can change your settings to not accept them or to notify you when a website wants to send a cookie. Cookies help us make the website easier to use and more efficient. If your browser rejects cookies, you may not be able to use certain features of the website. When you visit our website, a cookie can tell us if you've been here before or if you're a new visitor. We use cookies to figure out which parts of the website you're most interested in, so we can give you more of what you want.
We also use Google Analytics, Google Tag Manager, and Google Ads. Other companies and third-parties may use cookies to show you ads based on your visits to our website or other websites. You can choose not to see personalized ads from Google by going to Ads Settings. You can also opt out of personalized ads from other companies by visiting their websites or by going to http://youradchoices.ca/choices/.
We do not receive or extract personal information from these processes, and we do not share this information to others.
Website. By accessing and making use of our website, you agree that we can gather, use, and share the information we collect about you through our website, as described herein, such as your contact information when you sign up for one of our newsletters. Links to other websites may be present on our web pages. Note that we do not control or are responsible for how other companies handle privacy. When accessing other websites, we strongly encourage you read their privacy policies before disclosing any personal information.
2. PURPOSE
Depending on how you interact with us, we may collect, use or disclose personal information for the following reasons:
To provide e-discovery Services and other related services.
For clients, suppliers and third parties’ communication, service and administration.
To complete a client intake form and to complete any necessary verification with our affiliates, including Miller Thomson LLP.
For administrative, management, and business-related endeavours, such as issuing invoices, managing accounts, processing payments, assessing creditworthiness, fulfilling contractual obligations, and auditing and safeguarding our business operations.
To transmit marketing and promotional communications. We may process the personal information you provide to us for our marketing purposes, in line with your marketing preferences and your consent. You have the option to opt out of our marketing emails at any time.
To safeguard our Services as part of our efforts to maintain the safety and security, including monitoring and preventing fraud.\
To assess and enhance our Services, products, marketing, and your overall experience. We may process your information when we deem it necessary to identify usage trends, gauge the effectiveness of our promotional campaigns, and improve our Services, products, marketing, and your experience.
To fulfill our legal obligations, respond to legal requests, and assert, establish, or defend our legal rights.
For any other purpose for which you have provided your consent.
3. CONSENT
We will seek your consent in an express manner or implicitly where your consent can be implied, in order to collect, use, and disclose your personal information for specific purposes. When providing us with personal information about another individual, it is essential to have obtained the necessary consent or have the legal authority to authorize the collection, use, and disclosure of this information for the purposes outlined in the policy or as required by law. You can withdraw your consent at any time by using the contact details provided below.
Consent can be written or oral, express or implied, depending on the circumstances and sensitivity of the information. Such consent allows us to handle personal information appropriately for the purpose of providing our Services.
When you request Services from us, we are asked for information to fulfill your request, and by doing so, you consent to the collection, use, and disclosure of this information to appropriate third parties for these purposes. In doing so, you also authorize us to use and retain this information for as long as necessary. Your consent remains valid even after the relationship ends, unless you provide written notice of withdrawal.
We may also utilize generative AI technologies to enhance our Services and provide personalized experiences.
Legal exceptions also exist where we may not be required to seek consent or provide explanations for the collection, use, or disclosure of personal information. Some instances where consent is not necessary include emergencies that pose a threat to an individual's life, health, or security, as well as situations where compliance with a court order is necessary. For a more comprehensive list of exemptions, please reach out to the Privacy Officer via the contact information below.
Apart from these legal exemptions, personal information will be utilized or shared solely for the purpose(s) for which it was gathered. If there arises a need to use or disclose it for a different purpose than originally specified, we will make reasonable attempts to reach out to the individual beforehand and secure their consent.
For our current or past clients, we maintain your information to support the provision of Services.
4. SHARING PERSONAL INFORMATION WITH OTHERS
While providing our Services, we may need to disclose the personal information we gather to third parties, including service providers, vendors, consultants, agents, affiliates and other third-party service providers, for various purposes. This may involve obtaining your consent for specific purposes, engaging third parties to act on our behalf as agents or service providers (such as IT service providers, hosting providers, or marketing solution providers), and complying with applicable laws. As part of our Services and our intake process, we request to share certain details about you, your affiliates and your business to our affiliate, Miller Thomson LLP and Miltom Management LP, for the purposes of conducting a conflicts verification.
These third parties may encompass professional service firms, storage service providers, tech, finance, accounting, human resources, marketing, insurance, communication, and software providers, as well as other services related to legal practice. They may handle personal information on our behalf within or outside Canada, encompassing data storage, cloud computing, and application hosting.
Our agreements with these third parties ensure that they use the personal information solely for specified purposes and provide adequate levels of protection. Importantly, we do not trade, lease, or sell client lists or personal information. In specific situations, we may be compelled to provide personal information to third parties for legal or regulatory purposes.
For residents of Quebec, your personal information may be shared outside of Quebec or Canada for the purposes described above, including its collection, use, disclosure, and storage. Rest assured, we do not sell, lease, or trade client lists or any other personal information with third parties.
5. RETENTION OF PERSONAL INFORMATION
Pursuant to our Master Services Agreement or such other agreement that we have entered into with you, we will retain your personal information only as long as necessary to fulfill the purposes for which it is collected, unless a longer retention period is required or allowed by law (such as for tax, accounting, or other legal requirements). Once the purpose has been fulfilled and our legal requirements are satisfied, we will either destroy or return the information.
6. PROTECTING YOUR INFORMATION
We strive to safeguard your personal information using a combination of organizational and technical security measures.
File Storage and Access. We maintain your personal information in a secure file, which is electronically stored within our secured document management system (DMS) and on third-party technologies used for record administration. If you wish to know more details about the storage of your file(s), please contact our Privacy Officer.
Security Measures. We implement physical, electronic, and procedural safeguards to protect our systems and all personal information under our control from unauthorized access and use. These measures are tailored to the sensitivity level of the collected information.
Confidentiality Agreements. Our service providers and agents are contractually obligated to maintain client confidentiality and are prohibited from using the information for unauthorized purposes.
Employee Policies. Our employees or contracted agents are bound by strict standards and policies to ensure the security and respectful treatment of personal information. These policies cover the protection, storage, and destruction of information, define personnel responsibilities, and establish a process for addressing information security complaints. We also regularly communicate the importance of confidentiality and promote awareness among our employees or contracted agents.
Communication Risks. While we take steps to secure your personal information, there is inherent risk in exchanging and safeguarding information through any form of communication, including electronic means and the use of commercial or publicly available software and services, such as ones in the ‘cloud’. We do not assume liability for any damages resulting from the possible misuse of confidential information during such exchanges. While we endeavour to uphold the security of your personal information, the transmission of such information to and from our Services is undertaken at your own risk. It is advisable to access the Services only within a secure environment. We assume no liability for any damages you may suffer as a result of any possible misuse of confidential information during such exchanges of information.
Data Storage and Processing. Our data servers are located in Canada, but we may use third-party and external service providers, software, clouds, and services in other countries to store, transmit, and process some of your data. When data is located outside of Canada, there is a chance that it may be accessible to foreign governments, courts, and law enforcement authorities if required by law or court order.
Please note that our preferred method of communication is email, and unless directed otherwise in writing, we may use unencrypted plain text emails for communication.
7. YOUR RIGHTS AND KEEPING INFORMATION ACCURATE
You have the right to vary or withdraw your consent to our use and disclosure of your personal information. You may also request access, rectification or such other rights with respect to your personal information.
It is crucial for your personal information to be accurate and comprehensive. Having precise information about you allows us to provide you with the best possible service. You can assist us in keeping your personal information current by notifying us of any changes. To request a review, update, or deletion of your personal information, please submit a request to our Privacy Officer:
Pascale Cloutier
privacy@turnuplegal.com
TURNUP LEGAL INTELLIGENCE INC.
Scotia Plaza
40 King Street West, Suite 6600
Toronto, Ontario
M5H 3S1
8. COMPLAINTS AND QUESTIONS
You have the right to submit a complaint with our Privacy Officer if you feel that we are not fulfilling our responsibilities to safeguard personal information. We will respond to you promptly and do our utmost to resolve your concerns. In doing so, we may contact you for any additional information required before carrying out a confidential review, and provide you with our conclusions. If your complaint is found to be valid, we will take appropriate actions to rectify the situation. You may also contact or make a complaint to the Office of the Privacy Commissioner of Canada at 1-800-282-1376 or info@privcom.gc.ca, or the applicable provincial privacy commissioner, as appropriate.
In some situations, we may not be able to provide access to certain personal information as the right to access is not absolute. For example, we may not be able to disclose information if it would reveal personal information of another individual or confidential commercial information, or the information is protected by solicitor-client privilege or litigation privilege. If we do not provide you with the requested information, we will notify you in writing and explain our reason(s) for not fulfilling your request and any recourse you may have.
9. CHANGES TO OUR PRIVACY POLICY
We reserve the right to modify and update this policy without prior notice or liability to you or any other individual and at our discretion. We will update this page and provide notice for significant changes in our privacy practice. We encourage you to regularly review this privacy policy to stay informed about how we are safeguarding your information.