Your Privacy Rights
Cambridge LLP, Gardiner Roberts LLP, Scher Law Professional Corporation and Glyn Hotz have formed a consortium of lawyers (hereinafter referred to as “PDBL Consortium”) that will from time to time commence class action proceedings, including the proposed class action proceeding against Capital One Financial Corporation and others with court file number CV-19-00625030-00CP. PDBL Consortium administers the website and domain capitaloneclassaction.org.
Personal Information Collected by PDBL Consortium (the “Policy”)
For the purposes of this policy, “personal information” is any information that identifies you, or by which your identity could be deduced. It includes: your name, home contact information, telephone number, email address, facsimile number, billing and account information, information relevant to a client’s legal matters, a class member’s legal matters or a potential class member’s legal matters and other information incidental to the provision of legal advice and services of PDBL Consortium. Personal information may include personal information about directors, officers, and employees of a client or other party, witnesses, beneficiaries, family members, experts, investigators, decision-makers, adverse parties, other counsel, mediators and arbitrators, and information about shareholders, investors, potential investors or buyers, business partners, targets, competitors or customers of clients, class members or potential class members.
How PDBL Collects Your Information
Wherever possible, we collect your personal information directly from you at the time that you contact us and throughout the course of our services to a client, class member or potential class members, both verbally or by written correspondence, including in person, by facsimile, by emails, telephone inquiries or by other electronic transmission.
Sometimes we may obtain information about you from other sources, for example:
- your insurance company, your financial institute, or your employer;
- The defendants in a proceeding, including a class action or potential class action;
- a government agency or registry;
- your accountant, or other professional business adviser;
- other law firms, agents or consultants retained by you in the past where these parties have information relevant to the matter in which we are acting for you.
Purpose For Which Your Information Is Collected
PDBL Consortium collects, uses, and discloses personal information in order to provide professional legal services and to contact potential class members in future potential class action proceedings. In particular, we collect, use and disclose personal information for the following purposes:
- in order to provide you with legal services, fulfill legal duties and avoid conflicts of interest;
- client identification and verification;
- administrative management, to invoice you for legal services, administer accounts, collect and process payments, evaluate credit standing, fulfill contractual obligations and audit our business operations;
- for mailings such as newsletters and announcements relating to our firm;
- to establish and manage relationships with clients, members of a class for a class action (or potential class action) or identify potential clients and members of a class for a class action (or potential class action);
- to contact and communicate with clients, members of a class for a class action (or potential class action), potential members of a class for a class action (or potential class action and other individuals for the purpose of conducting market research and evaluating client service and satisfaction;
- to meet legal requirements such as complying with court orders and subpoenas;
- to provide information to representatives and advisors to help us comply with legal, accounting or security requirements;
- to develop and manage PDBL Consortium’s business and operations;
- to consider the admission of individuals or employees as members of PDBL Consortium; and
- for any other purpose for which we have your consent or otherwise permitted by law.
We will not collect personal information indiscriminately and we will not provide your personal information to any third party to allow them to market their products or services.
Disclosure of Your Personal Information
Under certain circumstances, PDBL Consortium may disclose your personal information:
- when we are required or authorized by law to do so, for example, if a court issues a subpoena;
- when you have consented to the disclosure;
- when the legal services we are providing to you requires us to give your information to third parties (such as expert witnesses or consultants) your consent will be implied, unless you tell us otherwise;
- where it is necessary to establish or collect fees;
- to regulatory (including self-regulatory) or governmental authorities, for example, disclosure of personal information reasonably requested or required by governing bodies of the legal profession in the course of its oversight of our practice;
- if we retain other law firms or other professionals, such as expert witnesses or consultants, on your behalf;
- If other lawyers or law firms are admitted to the PDBL Consortium; and
- to a person who in our reasonable opinion is providing or seeking information as your agent.
Retention and Security
Your personal information is stored in secured locations and on servers controlled by PDBL Consortium located at our offices or at the offices of our service providers, including customer relationship management services and software in Canada. PDBL Consortium has implemented reasonable physical, organizational and security measures to safeguard the personal information in our custody or control. These include safeguards to protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. We operate secure data networks protected by firewall and password protected systems. We will retain your personal information only as long as needed by us to provide our services, to contact your future involvement in potential class actions and as necessary to comply with legal, accounting or regulatory requirements, including regulatory requirements imposed by the Law Society of Ontario. In some circumstances, personal information may be stored in an off-site storage facility until we determine it is no longer required.
It is important that your personal information be accurate and up-to-date. We ask that you provide us with any changes to your personal information and contact PDBL Consortium to update the personal information we maintain in our client files.
Access to Your Personal Information
You may request to view your personal information by writing to the Chief Privacy Officer, whose address and email are provided below. Please note that under certain circumstances, you may not be permitted access, for example where lawyer-client privilege or litigation privilege applies, or where the disclosure of your records would cause security, legal or confidentiality concerns.
We use the services of third parties to collect, process, store and transmit the data obtained through use of the contact forms on capitaloneclassaction.org. Specifically we use products and services supplied by: WPForms LLC, Zapier Inc., Microsoft Corporation, Digital Ocean, LLC and System Architects Inc. By using the contact forms, you consent to the collection, processing, storage and transmission of data about you by WPForms LLC, Zapier Inc., Microsoft Corporation, Digital Ocean, LLC and System Architects Inc. in the manner described in their privacy policies. You may access the privacy policies of WPForms LLC, Zapier Inc., Microsoft Corporation, Digital Ocean, LLC and System Architects Inc. as follows:
WPForms LLC: https://wpforms.com/privacy-policy/
Zapier Inc.: https://zapier.com/privacy
Microsoft Corporation: https://privacy.microsoft.com/en-ca/privacystatement
Digital Ocean, LLC: https://www.digitalocean.com/legal/privacy-policy/
System Architects Inc.: https://www.systemarchitects.ca/privacy-policy/
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behave in the exact same way as if the visitor has visited the other website.
Analytics & Cookies
Our website may use Google Analytics, a service which transmits website traffic data to Google servers in the United States. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We may use reports provided by Google Analytics to help us understand website traffic and webpage usage.
We may use Facebook Pixel from Facebook Inc. (1 Hacker Way, Menlo Park, CA 94025, USA (“Facebook”)) on our website.
Facebook Pixel allows user behavior to be tracked after a user has been redirected to the provider’s website by clicking on a Facebook ad. This enables us to measure the effectiveness of Facebook ads for statistical and market research purposes. The data collected in this way is anonymous to us, i.e. we do not see the personal data of individual users. However, this data is stored and processed by Facebook, which is why we are informing you, based on our knowledge of the situation. Facebook may link this information to your Facebook account and also use it for its own promotional purposes, in accordance with Facebook’s Data Usage Policy https://www.facebook.com/about/privacy/. You can allow Facebook and its partners to place ads on and off Facebook. A cookie may also be stored on your computer for these purposes.
You can object to the collection of your data by Facebook Pixel, or to the use of your data for the purpose of displaying Facebook ads by contacting the following address: https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen.
Ruzbeh Hosseini, Chief Privacy Officer
333 Adelaide Street West
Canada M5V 1R5
T: 416.477.7007 / F: 289.812.7385