Protecting your privacy is important to Modern Wills Law (“Modern Wills”). This policy describes the information collected by us through this website (the “Website”), how we use such information and to whom that information may be disclosed. Reference in this policy to the Website include modernwills.com and all associated web pages. Any information you provide to us will be treated with care. Information collected is subject to the terms of this policy and applicable law. We are also subject to professional and ethical obligations relating to the confidentiality of information Modern Wills receives in the context of providing legal services.

By using the Website, you signify your consent to the contents of this policy. When you provide us with information through the Website, we will assume your consent to the collection, use and disclosure of your information for purposes related to your acceptance and use of those services or for other purposes identified to you at the relevant time, as applicable. If you do not consent to the collection, use and disclosure of your information in accordance with this policy, do not provide any personal information to Modern Wills and discontinue your use of the Website. Of course, certain services can only be offered to you if you provide personal information and therefore we may not be able to offer you those services if you choose not to provide us with the required personal information.

(1) About us. This Website is operated by Modern Wills Law. If you have a question or complaint about our information handling practices, please contact us at info@modernwills.com.

(2) Definitions.

(a) “we”, “us” or “our” means Modern Wills.

(b) “you” or “your” means the person accessing or using the Website or its Content.

(3) Scope.

(a) Modern Wills collects certain information, both personal and non-personal information, to enable us to manage and develop our business and operations. We use or disclose the information you provide us as described in this policy, and for any additional purposes for which we have obtained your consent to the use of your information.

(b) This policy applies to information collected through the Website. Personal information that we collect other than through this Website is governed by retainer agreements, contractual arrangements, our employee privacy policy, and the rules of professional conduct governing the legal profession, as applicable.

(4) Information Collected. Both personal and non-personal information may be collected through the Website.

(a) Personal Information. The term "personal information" refers to any information about an identifiable individual or any information that allows an individual to be identified. In general, personal information does not include business contact information, such as your name, title or position, business address, business telephone or fax number. During your relationship with Modern Wills, you may be asked to provide certain personal information concerning you and/or other individuals (such as witnesses, family members, adverse parties, employees, directors, officers, shareholders, investors, business partners, customers, etc.). Examples of such information include name, date of birth, home address and phone number, occupation, details of your government issued identification (driver’s licence, passport or similar record), tax residency and identification, financial and credit information, medical information, billing and account information and other information relating to the provision of legal services by Modern Wills.

(b) Automatically Collected Information. We also automatically collect information when you visit the Website to enable us to identify ways in which the Website can be improved to serve you better. Information that is automatically collected includes (we note there is overlap amongst the following categories):

(i) Non-Identifiable Information. Like many other websites, the Website may automatically collect certain non-identifiable information regarding Website users, such as the Internet Protocol (IP) address of your computer, the IP address of your Internet Service Provider, the date and time you access the Website, the Internet address of the Website from which you linked directly to the Website, the operating system you are using, the sections of the Website you visit, the Website pages read and images viewed, and the materials you post to or download from the Website. This non-identifiable information is used for Website and system administration purposes and to improve the Website. As discussed below, non-identifiable information may be disclosed to others and permanently archived for future use.

(ii) Cookies. The Website may use "cookies", a technology that installs information on a Website user's computer to permit the Website to recognize future visits using that computer. Cookies enhance the convenience and use of the Website. The Website does not have the ability to allow certain cookies and not others. By using the Website, you agree to the use of all cookies. You may choose to decline cookies if your browser permits but doing so may affect your use of the Website and your ability to access certain features of the Website.

(iii) Google Analytics. The Website uses Google Analytics to collect information, in an anonymous form, about how visitors use the Website, including the number of visitors to the Website and the pages they have visited. We use such information to compile reports and to help us improve the Website. By using the Website, you agree to such use of Google Analytics. Should you wish to opt-out of the use of Google Analytics, we note you may do so via a browser add-on provided by Google. Use of such add-on is at your own risk; it is not made or provided by us and we make no guarantees with respect to effectiveness or safety.

(5) When is information collected?

(a) We collect personal information from you when you submit forms on the Website, submit information through our third party service providers, respond to our emails or other communications, create an account, make a purchase, enter a contest or promotion, communicate with us using our web forms to make a request or ask a question, submit a review, take a survey or otherwise submit personal information to us with your communication.

(b) We also receive personal information about you from other sources. For example, we will receive information from credit card processors regarding whether your payment has been accepted or declined. We may also acquire information about you from other promotional or marketing companies with whom you shared your information and whom you have allowed to provide information to us.

(c) As set out above, we collect some information automatically when you visit the Website, such as information about your browser settings and other information collected through cookies.

(d) In some cases, we may be required by applicable law or regulatory requirements, or by the rules of professional conduct that govern the legal profession, to collect information about you without your knowledge or consent. We would only do so when required.

(6) Purpose of Collection.

(a) Personal Information. Modern Wills collects, uses, and discloses personal information for the purposes identified at the time of collection, or as otherwise permitted or required by applicable law, including for the following purposes:

(i)  to provide legal and other related services;

(ii) to comply with our professional obligations, including the rules regarding client identification and verification;

(iii)  to establish and manage client relationships, including considering whether to establish such a relationship;

(iv) administrative, management and business purposes, such as to issue invoices, administer accounts, collect and process payments, evaluate credit standing, fulfill contractual obligations, and to audit and protect our business operations;

(v) to distribute Modern Wills publications, invitations to events, and other communications that we believe may be of interest to you;

(vi) to contact and communicate with you for the purpose of evaluating client service and satisfaction; and

(vii) for any other purpose for which you have given your consent.

We retain your information for as long as necessary to fulfill the purposes for which we collected the information or as required by law.

(b)  Automatically Collected Information. We use automatically collected information for the following purposes:

(i) to remember you and your preferences;

(ii) to assess, enhance or otherwise improve the Website or our activities in connection with the Website;

(iii) to protect your security; and    

(iv) to count visitors to the Website and monitor how users navigate the Website to improve how the Website works.

(7)  Disclosure of Personal Information.

(a) Solicitor-Client Privilege. Our professionals are subject to professional and ethical obligations and, as such, we will not disclose personal information that is subject to solicitor-client privilege unless our client has waived privilege or we are permitted or required to do so by law. Our retainer agreements with clients set out additional information about confidentiality and solicitor-client privilege. Importantly, submitting information via the Website does not create a solicitor-client relationship.

(b) Third Parties. Subject always to our professional obligations and only for the purposes of providing legal (and ancillary) services, we may disclose personal information to third parties (including adverse parties and their counsel, experts, witnesses, service providers), including in the context of legal proceedings and business transactions. For example, we may share your personal information with our service providers that help us with our business operations, such as service providers who provide us with accounting and client management software. If the information we require is held by third parties (such as webmasters, Internet Services Providers, or cloud computing services), we endeavour to ensure that the information has been collected in accordance with this policy. We are not in the business of selling your personal information to any third party.

(c) Authorized Agents. We may also disclose your personal information to your agent(s), as applicable.

(d) Modern Wills Reorganization. We may transfer any information we have about you in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of our business or as part of a corporate reorganization or stock sale or other change in corporate control, for example, the formation of a partnership.

(e) Required by Law. We may disclose your personal information to a government or regulatory entity that has asserted its lawful authority to obtain the information or to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of information, or to protect our rights and property. Please note, we may use or disclose your personal information without your knowledge or consent where we are permitted or required by applicable law, regulation, or by the rules of professional conduct governing the legal profession.

(f) Collecting Debt from You. We may also disclose your personal information if it is necessary for us to collect a debt from you.

(g) Marketing. We respect the confidentially of the sensitive information that might be provided to us. This information will only be used for commercial purposes, such as marketing and promotions, if the information can be anonymized. If the information could identify you, we will seek permission from you prior to using the information for a commercial purpose.

(8) Protection of Your Information & Disclaimer. Our staff and lawyers are trained to appreciate the importance of privacy and confidentiality of personal information. We take administrative, technical, and physical measures to safeguard your personal information against unauthorized access, unauthorized disclosure, theft, and misuse. This includes limiting access to, and the use of, your personal information through the use of passwords. We do not publish all of our security measures online because this may reduce their effectiveness. Although we take precautions against possible breaches of our security systems, no organization can fully eliminate the risks of unauthorized access to your personal information and no data transmitted over the internet is completely secure. As a result, we cannot guarantee that unauthorized access, hacking, data loss or breaches of our security systems will never occur. Modern Wills does not represent, warrant or guarantee that your information will be protected against loss, misuse, interception or alteration and does not accept any liability for personal information submitted to us via the Website, via email, or stored electronically, nor for your or any third parties’ use or misuse of personal information. You should not transmit personal information to us using the Website if you consider that information to be too sensitive when considering this risk. If you do not wish for your personal information to be stored electronically, we understand your concern but unfortunately, we will not be able to provide legal services to you as our systems involve the electronic storage of information. Please note, if you call or text us, you are consenting to receive calls and texts from us in return.

(9) Storage Outside of Canada. Your personal information may be used or stored by us or our service providers outside of Canada, including but not limited to storage in the United States. As mentioned above, to help protect the confidentiality of your personal information, we employ security safeguards that are customary in the legal profession and appropriate to the sensitivity of the information. However, if your personal information is used or stored outside of Canada, it will also be subject to the laws of the country in which it is used or stored.

(10) Notice re Third-Party Service Providers.

(a) As stated above, some of our service providers (e.g., data storage and processing, cloud computing, application hosting or office services) may store your information in other countries. If it is required by law or court order, your information could be made accessible to legal authorities, including law enforcement and national security authorities of those countries.

(b) This policy does not apply to applications (apps), technologies or sites that are owned and/or operated by other parties (e.g. app developers, third party advertisers or third party ad servers), even if they use our name or brand and then store or collect data. The relevant third party's terms of use, privacy policy, permissions, notices and choices should be reviewed by yourself regarding their collection, storage and sharing practices since they may be different from ours.

(11) Links to Third-Party Websites and Social Networks. You may be able to access third-party websites through links available on the Website. You may also connect to social networks such as Facebook, Twitter, or Instagram. These links are provided for your convenience. We do not have any control over those third-party websites, and we do not provide any guarantee that the privacy practices of the hosts of those websites meet our standards. Your use of such third-party websites is at your own risk and will be governed by the privacy policies of those websites and not by this policy. Do not transmit personal information using those websites without reading the privacy policies governing those websites.

(12) Access to Information. Individuals have a right of access to records containing personal information about them, subject to certain legal restrictions, including the privilege which is inherent in the relationship between a lawyer and a client. All access requests are to be in writing and shall set out in sufficient detail the scope of the request. Access requests for personal information are to be directed to our Privacy Office at the email set out below. If any part of an access request is refused, reasons for the refusal will be provided.

(13) Updates to Your Information. It is important that the personal information we hold about you is accurate and current. It is your responsibility to keep us informed of changes to your personal information. Please notify us in writing of any changes to your personal information. If there is an error or omission in personal information in our custody or control, for which a request for correction has been received, we will, subject to legal limitations, correct the information as soon as reasonably possible or annotate it with the correction that was requested but not made.

(14) Withdrawal of Consent. You may change or withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting our Privacy Officer at the email set out below. Please note that we may still maintain information that you provided to us for audit purposes or to comply with our legal obligations. We may continue to use non-personal information that does not identify you for research and analytics purposes.

(15) Responding to Breaches. A ‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed. In the event of a personal data breach, in certain circumstances we are legally obliged to report the breach to the appropriate Information and Privacy Commissioner. In accordance with privacy legislation, we will also notify the individuals directly affected by the breach, as appropriate in the circumstances. 

(16) Law Enforcement Requests. As noted above, we may disclose personal information without your knowledge or consent if we receive an order, subpoena, warrant or other legal requirement issued by a court, tribunal, regulator or other person with jurisdiction to compel disclosure of your personal information. If we receive a request from a police officer or other law enforcement agency for access to your personal information in the course of an actual or potential investigation, our policy is to require the police officer or law enforcement agency to obtain an order, subpoena or warrant, unless the information is urgently required to prevent serious bodily injury or serious damage to personal property.

(17) Right to Refuse the Use of Information Collection Technologies. We obtain your consent to our information collection technologies by providing you with transparent information in our Privacy & Cookie Policy and Terms and Conditions and providing you with the opportunity to make your choice. You have the right to object to the use of information collection technologies. As set out above, the Website does not currently have the ability to adjust collection or limit cookies for individual users, however, cookies may generally be disabled or removed by tools that are available as part of your browser, and in some but not all instances can be blocked in the future by selecting certain settings. Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard.  Also, these tools may not be effective with respect to all cookies. Please be aware that if you disable or remove these technologies some parts of the Website will not work.

(18) Miscellaneous.

(a) Interpretation. Headings in this policy are provided for convenience only.

(b) Currency. This policy is dated March 31, 2021.

(c) Amendments. No changes to these terms are valid or have any effect unless agreed by us in writing. Privacy laws are rapidly evolving and, as a result, this policy may be changed by Modern Wills from time to time in our full discretion without any prior notice or liability to you or any other person. The collection, use, and disclosure of your information by us will be governed by the version of this policy in effect at that time. By continuing to use and access the Website following such changes and/or by providing us information following such changes, you agree to be bound by any variation made by us. It is your responsibility to check this policy from time to time to verify such variations.

(d) Severability. If any part of this policy is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these terms and conditions will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.

(e) Regarding Children and Minors. The Website and the services offered on the Website are not directed to persons under the age of 18 years.

(f) Choice of Law. The Website is controlled, operated, and administered by Modern Wills 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. You submit to the non-exclusive jurisdiction of the courts of the Province of Alberta with respect to all matters relating to these terms and conditions and your access and use of the Website and the Content.

(g) Notice to Persons Outside of Canada. Personal information will be collected, used, retained, and disclosed in accordance with the laws of Canada, and specifically the laws of the province of Alberta. This policy is governed by the laws of Canada and applicable provincial law. By submitting personal information to us, you understand that your personal information will be subject to the laws of Canada and applicable provincial laws.

(h) Inconsistencies. For clients of Modern Wills who have executed an engagement letter, in the event of any inconsistency between any provision of this policy and any provision of such engagement letter, the provisions of the engagement letter shall prevail.

(19) Privacy Officer. For further information about this policy, please contact our Privacy Officer, Britta Graversen, at britta@modernwills.com.

(20) Privacy Commissioner. We note that the Office of the Information and Privacy Commissioner of Alberta oversees the administration and enforcement of Alberta’s privacy legislation. You may visit their website at: oipc.ab.ca