Privacy Policy and Terms of Use

Overview

TabuchiLaw Professional Corp. (hereinafter "TabuchiLaw") is committed to the proper management of the Information of clients, others, and of all visitors to our website, in accordance with applicable regulatory requirements, including applicable privacy legislation, and consistent with our obligations as professionals.

This Privacy Policy sets out in general terms how we collect, use, disclose and protect the personal Information of our clients, others, and our website users ("you").

What is "Personal Information"?

"Personal Information" broadly includes any information about an identifiable individual. Still, it does not extend to Information that is not Personal Information as defined or interpreted under applicable law or Information about our employees or partners.

Accountability

We are responsible under applicable privacy legislation for the Personal Information in our possession or control. This includes Personal Information we receive directly, such as from individual clients or others and Personal Information we receive indirectly.

Consent

BY PROVIDING PERSONAL INFORMATION TO US, YOU CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF THAT INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY AND AS PERMITTED OR REQUIRED BY LAW.

Consent may be provided orally or in writing, or it may be implied, such as where you continue to provide Personal Information to us in the context of an ongoing relationship or where you provide Personal Information to members of TabuchiLaw in connection with our service offerings. This includes Personal Information provided in our representing you in litigation matters, which may require disclosure as part of the litigation proceedings. As a condition of supplying a service, we will not need you to consent to the collection, use, or disclosure of your Personal Information beyond that which is required to enable us to provide the service(s) requested.

Suppose you provide us with the Personal Information of another individual. In that case, you represent and warrant that you have the authority to do so and, where applicable, that you have obtained the necessary consent for us to collect, use and/or disclose such Personal Information for the purposes described in this Privacy Policy.

You may refuse to give Personal Information and may, subject to legal or contractual restrictions and reasonable notice, withdraw your consent to the continued use and disclosure of Personal Information previously collected by contacting our privacy officer, whose contact information can be found below. The period of reasonable notice will depend on the nature of the Information. If you refuse or withdraw your consent, we may not be able to provide you or continue to provide you with specific legal or other services.

Collection of Personal Information

What Personal Information We Collect

The types of Personal Information that we may collect include your full name; residential address; telephone number; personal email address; payment information; Information about your legal requirements, affiliations, situation, and interests; other Information related to the provision of legal and agency services (such as, but not limited to, Information about inventorship, witnesses, beneficiaries, directors, officers, employees, witnesses, adverse parties, parties in interest, investigators, decision-makers, experts, other professional advisors, clients' business partners, investors, shareholders, competitors and customers), and any additional information that you choose to provide to us.

We may also collect Personal Information about prospective employees, contractors, and partners, from current or former employers or third parties and publicly available sources that are reasonably required to form, manage or terminate a contractual or other relationship.

How We Collect Personal Information

Generally, we collect Personal Information that you provide voluntarily. However, to provide legal or agency services or for administrative, marketing, management, or lawful purposes, we may also collect Information from third parties and/or publicly available records, where they or we have obtained the necessary consent, or as otherwise permitted or required by law. We may also collect Information through our website.

Where We Store Personal Information

Your Personal Information is stored in secured locations and on servers controlled by TabuchiLaw, either at our offices or at the offices of our service providers. To the extent that we enter into arrangements with third-party service providers, agents, and/or contractors to store, handle, or process such Personal Information on our behalf, our policy will require such parties to provide comparable privacy protection. In contrast, the Information is stored, handled, or processed by them, contractually or otherwise.

Personal Information may be stored outside of the jurisdiction you are in, for example, if a third party to whom we disclose Personal Information per this Privacy Policy is located outside of that jurisdiction. In such cases, the Information may be subject to the local laws of the jurisdiction within which it is collected, stored, used, or disclosed.

Our Purposes for Collecting, Using, or Disclosing Personal Information

Generally, we collect, use, disclose and otherwise process Personal Information as necessary to offer and provide clients and potential clients legal and patent, and trademark agency services and Information and generally to fulfill our professional legal responsibilities and to manage our business, including for the following purposes:

  • to form and manage client relationships, perform legal services, provide legal advice, fulfill legal duties and avoid conflicts of interest;
  • to share Personal Information with third parties to provide legal services or representation. Such third parties may include opposing parties, parties in interest, opposing, foreign and other counsel or advisors, witnesses, courts, decision-makers, and experts;
  • to represent clients in business transactions, including the purchase sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing or other marketing;
  • to form and maintain commercial relationships with clients, suppliers, and other third parties, including issuing invoices, administering accounts, collecting and processing payments, and fulfill contractual responsibilities;
  • to determine whether TabuchiLaw should form or remain in a solicitor-client, patent/trademark agent or other relationship with existing or prospective clients, suppliers, and other third parties, including evaluating credit standing;
  • to form, manage and terminate contractual and partnership relationships;
  • to understand and address client, supplier, and different third party needs and preferences, which include communicating with such parties and conducting market research, and evaluating client service and satisfaction;
  • to develop, improve, market, sell or otherwise provide TabuchiLaw products and services;
  • to market, sell, or otherwise provide products and services of third parties with whom TabuchiLaw has a commercial relationship;
  • to circulate TabuchiLaw publications, invitations to events, and other informational material to individuals subscribed to our mailing lists;
  • to develop and manage our databases and knowledge-management systems;
  • to create, manage and enhance TabuchiLaw's business, operations, and service offerings;
  • to detect and protect against error, negligence, breach of contract, fraud, theft, and other illegal activity, and to audit compliance with TabuchiLaw policies and contractual obligations;
  • as permitted or required by any legal or regulatory obligations or provisions; and
  • for any other purpose to which you consent.

Send Personal Information through our website. We may use it to assess website use and traffic and respond to your feedback, questions, and comments.

Limiting the collection, use, disclosure, and retention of Personal Information

Wherever possible, we limit the amount of Personal Information we collect, use or disclose to that which is necessary and appropriate to provide our legal services, representation, and to operate our firm business.

Per regulatory requirements and professional standards, we keep records, including Personal Information, of the work performed and services provided by us. These records are stored with safeguards against inappropriate or unauthorized access (see Safeguards/Security below).

To the extent that we enter into arrangements with third-party service providers, agents, and/or contractors to store, handle, or process such Personal Information on our behalf, we will not disclose more Personal Information required for them to fulfill the purposes for which they were retained.

We will retain Personal Information for as long as it is needed or is appropriate for the purposes for which it was collected or to comply with legal, regulatory and professional obligations. We may also be subject to legislative requirements regarding the retention of certain types of Information.

Our Website

Cookies

A cookie is a small text file sent by a website and stored on a user's computer while the user is browsing. TabuchiLaw may use cookies in identifying and collecting Information (including Personal Information) about visitors to our website.

When the TabuchiLaw website is visited, we may collect Information, such as the type of Internet browser and operating system the individual uses, the date and duration of visit, the number of visits, the pages viewed, and the pages viewed the number of cookies accumulated.

We use this Information to facilitate and enhance your online visits. In addition to the identified purposes described in this Privacy Policy, we may use this Information and share it with third parties with whom we have a commercial relationship to monitor our website's use and improve and enhance your online visits.

The use of cookies is standard on the Internet, and many Internet browsers are set to accept cookies automatically. Suppose you would prefer not to accept cookies. In that case, you can select your Internet browser to notify you when your computer is receiving a cookie or to refuse cookies automatically. To modify your Internet browser's cookie options, please refer to the instruction documentation of your particular browser or seek online assistance. Choose to change your browser in such a manner. Not all features offered on or through our website may remain available.

Online communications

Visitors to our website may voluntarily submit Personal Information for purposes such as obtaining Information, reviewing or downloading a publication, subscribing to a mailing list, or participating in contests and surveys. Suppose you are known to us as a registered user. In that case, we may combine and store Personal Information about your use of our website and the online Information you have provided, with certain types of other online or offline Information we may have collected.

Email Communications

Occasionally, we may send marketing or promotion emails containing Information that may be of interest or useful to you. In this process, we may collect certain Information such as the date or time you first opened the emails, the number of times you open the emails, and the click-through activity on the contents of the emails. We may analyze and store such Information to improve our emails to you. Such emails will include instructions on how to unsubscribe from future marketing or promotional emails from TabuchiLaw.

Links (to other websites)

TabuchiLaw's website may contain links to other websites which may collect Personal Information. We are not responsible for other websites' content or privacy practices and accordingly encourage all visitors to review the privacy policies of any and all external websites.

Safeguards/Security

We are committed to protecting the security of your Personal Information. We protect Personal Information in our possession from loss, misuse, and unauthorized access by using physically secure facilities, standard security practices, and well-defined and -organized internal policies and procedures. We will advise you at the first reasonable opportunity upon learning of an incident where your Personal Information is lost, stolen, accessed, used, disclosed, modified, or disposed of by unauthorized persons or in an authorized manner.

That being said, most methods of communication are not entirely secure, and security measures may create challenges to efficient communication. Email is often our preferred method of communication. Unless you object, we usually use unencrypted emails when communicating with you. As a client, if you prefer to communicate via a more secure channel, we do have the capability to implement a TLS connection to support email encryption to and from your environment and may do so upon your written request.

Access to and Accuracy of Your Personal Information

You can ask to view your Personal Information; however, please note that your rights to access the Information are not absolute. For example, we may not provide access to Personal Information about you if it is intermingled with Personal Information of others, if it is privileged, if it includes confidential Information, or if it is otherwise not properly the subject of an access request.

To maintain a professional level of service, we may occasionally ask you to update your Personal Information or preferences. Alternatively, you may request corrections to be made to show that the Information we possess is inaccurate. You are responsible for ensuring that the Information you have provided is truthful, accurate, reliable and complete, and does not infringe the rights of others.

Suppose you wish to access, verify or update your Personal Information or have concerns relating to your access to or the accuracy of your Personal Information. In that case, you may contact our Legal Department, whose contact information can be found below. Clients are encouraged to direct such requests or concerns to their lawyers. We will respond to such requests or concerns within a reasonable timeframe.

Legal@tabuchilaw.com

Changes to the Privacy Policy

We reserve the right to modify or supplement this Privacy Policy at any time. Any amended Privacy Policy is effective upon its posting to the website.

Challenging Compliance with this Privacy Policy

We will respond to complaints or questions about our compliance with this Privacy Policy and applicable privacy laws and investigate and attempt to resolve all complaints.

You may send us your privacy-related questions or challenge our compliance with our Privacy Policy by submitting your concern to:

Legal Department

legal@tabuchilaw.com

416 477-5673

Update May 2021