Privacy Policy
1. WEBSITE PRIVACY POLICY
This Website Privacy Policy is dated effective as of the 20th day of July, 2020:
Application
This Policy is a summary of, and describes the privacy practices and policies of Alberta Lawyers’ Assistance Society (Assist) governing this website with respect, but not limited to, the collection, use, storage, and disclosure of personal information and is applicable to all visitors to, and users of, this Website. This Policy may be revised from time to time to reflect changes in legal or regulatory policies, or our procedures regarding personal information and post the revised version of the Policy on this Website. Upon initial posting to the Website, the revised Policy will come into effect without further notice.
Terminology
Personal information means information about an identifiable individual, including but not limited to, a first or last name, date of birth, or an email address. This does not include information of an aggregate or anonymous nature where a specific individual or individuals cannot be identified, nor does it include business contact information used to contact an individual in their capacity as an employee or official of an organization.
Privacy and this Website
Most web servers collect some information about visitors, such as basic browser information, information regarding your operating system, and your "IP" or Internet address, which may identify your Internet Service Provider or computer but typically not the person using it. We may automatically collect certain information when you visit the Website, including your IP address, browser type, browser language, operating system, date and time of your request and one or more cookies that may uniquely identify your browser and/or your account. We may also collect information about your interaction with the Website and content, including statistics on page views, traffic to and from the Website and information viewed. We may utilize "cookies" to monitor use of our website on an aggregate and anonymous basis for the purposes of improving the operation of the website. The cookies we use cannot be used to determine your identity merely from your accessing or using our website.
We take reasonable security measures to store and maintain the security of any personal information in our custody or control. However, while we will make reasonable efforts to protect your personal information please be advised that no use of the Internet or transmission of data over the Internet is entirely secure, and we accept no liability for the security or privacy of personal information in transit over the Internet.
Consent
Consent may be implied or express. If you choose to provide Assist with any personal information, you are consenting to Assist’s use of that personal information either to contact you or for any other purpose that is reasonably connected to your provision of your personal information. If reasonable to do so, or if you request ongoing provision of information, after our initial response, we may communicate further with you with information that may be useful, but, you can advise us that you do not want us to communicate you at any time and we will cease communicating with you. We may share your personal information with our employees or contractors if reasonable to do so, having regard to the purposes for which you have provided us with your information. It is important that any information you provide to us is up to date and accurate. Therefore, if you have provided personal information to us, we request that you keep us informed of any changes to your personal information.
If you do not agree with the contents of this Policy, or to our collection, use, disclosure and management of your personal information as described in this Policy, then you may not access or use this Website.
It is our policy to collect, use and disclose personal information only with consent, but we may use or disclose your personal information without your knowledge or consent where required to or permitted to by applicable laws, regulations, or by the rules of professional conduct governing the legal profession. We do not sell your personal information to any third party.
Privacy and Email Communication with Assist and its Personnel
We may have in force acceptable use policies with respect to our computers, systems and email received by and sent from Assist. In enforcing any such policies, we reserve the right to intercept and review the contents of email communications, including any personal information provided, authors or originators of email messages. In utilizing email as a means of communication with Assist, you consent to any interception and monitoring as described herein.
Accessing Personal Information
Subject to any exceptions set out in applicable laws, including where required in a solicitor-client privilege situation, upon written request we will provide you with access to any of the personal information Assist has collected, used or disclosed in relation to you. We will also advise to whom that personal information has been disclosed, except where Assist is permitted or required not to do so. All written requests should be sent to the contact provided for in this Policy.
Other Websites
Please note that our website may contain links to other websites, which are provided as a convenience for visitors to our website only. We are not responsible for how third parties collect, use, or disclose your personal information. Any third party websites will have their own privacy policies and practices, which you should review before providing them with your personal information, and we are not be responsible for such third parties, their websites, or their privacy practices, policies, or actions.
Further Information
For further information with respect to our privacy practices, or with respect to inquiries concerning personal information about you in our custody or control, or to update or correct your information, you may contact us at executivedirector@lawyersassist.ca.
2. TERMS OF USE & DISCLAIMER
WEBSITE TERMS OF USE
All use of this Website 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 and Conditions may be revised by Assist at any time without notice. Upon initial posting to the Website, the revised Terms and Conditions will come into effect without further notice.
In consideration of our permitting you to access and use the website, your use of the Website constitutes your agreement to be bound by these Terms and Conditions, and your continued use after any changes to these Terms and Conditions constitutes your agreement to be bound by these Terms and Conditions as amended.
TERMS AND CONDITIONS
Disclaimers
The materials contained on this site are provided solely for informational purposes only. These materials may constitute general information relating to areas of law and mental health They do not constitute legal advice or other professional advice of any kind and you may not rely on the contents of this website for such purposes.
The contents of the website do not necessarily represent the opinions of Assist, or any of its lawyers, personnel, or its clients. If you require legal advice, you should retain legal counsel to advise you. Assist does not provide legal advice and no solicitor-client relationship shall be created by your interaction with Assist. Information that you provide to Assist is not subject to solicitor-client privilege.
Confidentiality of Communications
Assist does not guarantee, and accepts no liability for, the confidentiality of any communications sent by e-mail or through its website, or otherwise by electronic means, including communications left in voicemail messages on firm telephones.
Unsolicited information and material may not be treated as confidential and will not be protected by legal privilege. Accessing or using this website does not create a solicitor-client relationship as Assist does not provide legal advice.
Spam filters or other aspects of the operations of technology may prevent communications being delivered or received by Assist. Any electronic communication not subject to a response in return by Assist should be followed up on to ensure receipt by Assist. Unless specifically requested by you, and agreed by us, or otherwise implemented by us in our own discretion, we do not use encryption in communications.
Although Assist has made reasonable efforts to ensure that the materials contained on this site are accurate, it does not give any representation, covenant, warranty or guarantee as to the following: the accuracy, currency or completeness of any materials or content of this website; that the website 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.
Liability
Assist will have no liability for any damage arising from the use or misuse of any information provided on this website. The information provided on the website is for informational purposes only and is not a substitute for legal or other professional advice and should not be relied upon as such.
You agree to indemnify Assist, and its affiliates, together with their respective directors, officers, partners, employees, agents, licensors, and suppliers (collectively, the "Affiliates"), and to defend and hold each of them harmless, from any and all claims and liabilities (including reasonable legal fees) made by a third party due to or arising out of: (i) your access or use of the Website, the information on the Website; (ii) your breach of the Terms of Use; or (iii) your violation of any third party rights.
Copyright and Trade Marks
The copyright in this website and all materials contained in it is owned by, or licensed to, Assist, all rights reserved. The Assist website, as a whole or in part, may not be reproduced without the express prior written consent of Assist]. To obtain such consent, please contact us at program-manager@lawyersassist.ca.
Alberta Lawyers’ Assistance Society, Assist and Alberta Lawyers Assist and all other associated logos, graphics, designs and marks are trade-marks of Assist, all rights reserved. All other brand names, product names and trade-marks are the property of their respective owners.
Linking to Assist
Assist acknowledges and appreciates links to its website. Links should go directly to the homepage at www.lawyersassist.ca. Linking directly to other pages within the site or framing content on the site is prohibited without the prior written consent of Assist’s Executive Director/
Links to Third Party Sites
The Assist website has been designed to be a resource for information on matters that might be of interest to Alberta lawyers, articling students, law students and their families. As a result, there may be links contained on the website that link to third party sites. These links are provided for convenience only, and in no way mean that Assist endorses or recommends the information contained in any linked websites, or guarantees its accuracy, timeliness or fitness for any specific purpose. Assist takes no responsibility for the content or practices of third-party sites.
Feedback
We welcome your feedback, if you have questions or comments about the Assist website, our Website Privacy Policy or these Terms and Conditions, please contact us at executivedirector@lawyersassist.ca.
Limitation of Liability
IN NO EVENT WILL ASSIST OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE WEBSITE, THE CONTENT OR ANY PRODUCTS PURCHASED ON OR THROUGH THIS WEBSITE, EVEN IF ASSIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, ASSIST’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR ARISING FROM YOUR USE OF, RELIANCE UPON, ACCESS TO THE WEBSITE, THE CONTENTS OR ANY PRODUCTS PURCHASED ON OR THROUGH THIS WEBSITE WILL BE LIMITED TO THE LESSER OF: THE PURCHASE PRICE ACTUALLY PAID BY YOU TO ASSIST TO ACCESS OR USE THE WEBSITE, THE CONTENTS OR ANY SUCH PRODUCTS; OR $10.00.
Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. In such jurisdictions, the aforementioned exclusions to liability are limited to the fullest extent permitted by law.
Termination
In our sole discretion, we may elect to cancel or terminate your ability to use the Website, or any parts thereof, at any time without notice to you.
General
These Terms of Use, together with the Privacy Policy is the entire agreement between you and Assist with respect to the Website. The insertion of headings herein is for convenience of reference only and shall not affect the construction or interpretation of these Terms of Use. If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms of Use, or to exercise any right under these Term of Use, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.
Choice of Law
This Website is controlled, operated and administered by Assist from within the Province of Alberta, Canada. By accessing the Website, you acknowledge and agree that all matters relating to your access to or use of the Website is be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles). You hereby submit to the non-exclusive jurisdiction of the courts of the Province of Alberta with respect to all matters relating to these Terms of Use and your access and use of the Website.