Last Update: February 12, 2016
HMSC collects, uses and discloses personal information. In doing so, HMSC is committed to meeting both our professional obligations to safeguard our clients’ confidential information and all applicable legal requirements.
2. COLLECTION AND CONSENT
HMSC collects personal information in a number of ways for a variety of purposes.
When HMSC receives inquiries from individuals concerning HMSC (including general inquiries regarding the services that it provides), HMSC may collect the following types of personal information from the individual requesting the information: (i) contact information such as name, address, telephone number and e-mail address; and (ii) other types of personal information which are reasonable to collect given the nature of the inquiry. This information is used by HMSC to respond to the inquiry.
When HMSC receives an inquiry regarding the provision of services in relation to a certain matter (including any request for an estimate or rate information) from a person who is not already a client, HMSC will collect the following types of personal information from the individual making the request: (i) contact information such as name, address, telephone number and e-mail address; (ii) other personal information reasonably required to verify the requestor’s identity; (iii) personal information reasonably required to respond to the inquiry; and (iv) other types of personal information which are reasonable to collect given the nature of the inquiry. This information is used by HMSC to: (i) verify the identity of the individual requesting the estimate; (ii) prepare a response and respond to the inquiry; (iii) to follow-up on the inquiry; and (iv) if HMSC is retained, to open a file for the matter.
When a client retains HMSC, HMSC may collect the following types of personal information: (i) contact information such as name, address, telephone number and e-mail address for the client or one or more individuals who represent the client; (ii) billing, banking and other financial information required to issues and process invoices, hold moneys in trust or evaluate credit; (iii) personal information pertaining to the matter for which the client is retaining HMSC; and (iv) other types of personal information which a reasonable person would consider ancillary to the types of information set out above. This information is used by HMSC to: (i) provide services to the client; (ii) manage the client’s account with HMSC including processing invoices for services rendered; (iii) respond to any inquiries from the client; (iv) conduct reviews of HMSC’ performance; (v) keep a records of the services provided; (vi) comply with professional and regulatory requirements; and (vii) maintain and operate HMSC’ document management and knowledge management systems.
HMSC may use technology to track the patterns of behaviour of visitors to our web site (the “Site”). HMSC servers collect the following information about each such visit: (i) the date and time of visit; (ii) the pages within the Site that were visited and the time spent in each; (iii) the type of browser being used to access the Site; (iv) the operating system of the device being used to access the Site; and (v) the IP address from which the Site was accessed (from which HMSC may identify the web page from which a visitor was referred to the Site, the domain associated with that page and the person who holds the rights for the IP address, typically an Internet service provider).
HMSC may use the information collected from individuals who browse the Site for the following purposes: (i) to better understand how the Site is being used in order to improve upon the Site; (ii) to tailor how an individual experiences the Site to the individual; and (iii) to investigate security incidents relating to the Site (for example, to investigate a denial of service attack on the Site).
Newsletters, Announcements and Invitations
HMSC may provide individuals with the opportunity to “opt in” to receive additional information, newsletters, announcements or invitations from HMSC. If an individual does so, either on his or her own behalf or on behalf of any organization, the personal information that he or she provides to HMSC may be used to: (i) provide the additional information, newsletters, announcements and invitations; and (ii) tailor the types of information, newsletters and announcements provided by HMSC to the individual or the organization for whom the individual is acting. Additionally, an individual who has previously opted either personally or on behalf of an organization to receive additional information, newsletters and announcements may subsequently “opt out” by following the directions for doing so on the Site.
From time to time, HMSC may ask individuals to volunteer their personal information in the form of a survey. Participation in surveys is optional. This information is used by HMSC: (i) to improve upon the services that HMSC offers; (ii) to improve upon the Site; (iii) to better understand the market; and (iv) for any purpose disclosed at the time when the individual completes the survey.
From time to time, HMSC may make other requests for individuals to volunteer their personal information.
When HMSC creates such an opportunity, HMSC will disclose the purposes for which the personal information is being collected and seek an express consent to use the personal information collected for such purposes.
HMSC may use the personal information that it collects to create aggregated and depersonalized data sets. A data set is aggregated and depersonalized when none of the individuals whose personal information makes up the data set can be identified from the data set. HMSC may use such data without the consent of such individuals.
4. WHEN WE DISCLOSE INFORMATION
Subject to HMSC’ professional obligations to safeguard our clients’ confidential information, HMSC may share personal information in its possession with any of its employees, partners or professional advisors who need to use that information in connection with one or more of the purposes for which that personal information was collected.
From time to time, HMSC may engage service providers to provide certain limited services such as accounting, hosting the Site or processing financial transactions. HMSC will only provide those service providers with the personal information they need to deliver the service for which they were retained. HMSC will also require those service providers, through contractual means, to safeguard such information, maintain its confidentiality and not use that information for any purpose other than providing the services for which they were retained.
HMSC may access and/or disclose any personal information which it has collected if required or permitted to do so by any law, regulation, guideline or policy to which HMSC is subject (for example, in order to comply with a legal requirement including but not limited to one imposed by a warrant, subpoena, court order or like instrument served on HMSC or in urgent circumstances to protect the life, health or security of any person.
HMSC may in the course of providing services share personal information about or provided by the client to whom HMSC is providing services with a third party such as a government ministry. These types of disclosures will be discussed with the client in advance of any disclosure that is not required by law, regulation, guideline or policy to which HMSC is subject.
Subject to HMSC’ professional obligations to safeguard our clients’ confidential information, HMSC may disclose your personal information to any successor entity or person.
HMSC employs physical, organizational and technical security measures to protect your personal information.
Even though HMSC uses a variety of safeguards to protect information provided to it through the Site and by email, it should be noted that no transmission over the Internet can be guaranteed to be completely secure. Consequently, HMSC and its third party service providers, and their respective officers, directors, partners and agents, do not represent, warrant or guarantee that personal information provided in this manner will be completely secure.
6. RETENTION AND DESTRUCTION
HMSC keeps personal information only for as long as: (i) the personal information is required for the purposes for which it was collected; (ii) reasonably necessary to maintain a record of the services provided; or (iii) HMSC is required by law or its professional obligations to do so. Consequently, there is no single retention period applicable to all instances of personal information collected by HMSC.
When any personal information is no longer required by HMSC for the purposes for which it was collected and assuming that there is not legal or professional obligation to retain it for any further period, HMSC destroys the personal information in a manner which takes into account the sensitivity of that information.
8. PRIVACY OFFICER
HMSC understands that you may have questions and concerns about our firm’s Privacy Policies and procedures and changes to our Policy. In order to provide detailed information and respond to the expectations of our clients or other persons, we have designated one of our principals to act as a Privacy Officer.
9. INQUIRIES, REQUEST FOR ACCESS AND SUBMITTING CORRECTIONS