1. Introduction
Mariotti Law Group (“Mariotti Law Group,” “we,” “us,” or “our”) is a brand name owned and operated by Simplyclose Law Professional Corporation, a law professional corporation incorporated in Ontario, Canada. This Privacy Policy (this “Policy”) describes how we collect, use, disclose, and otherwise handle personal information in connection with our legal practice and this website (the “Website”) located at mariottilaw.ca.
Mariotti Law Group and its legal professionals are governed by the Law Society of Ontario and are subject to the professional obligation to hold all information obtained within a solicitor-client relationship in the strictest confidence. This obligation operates independently of, and in addition to, any obligations imposed by applicable privacy legislation.
This Policy applies to information we collect about current and prospective clients, Website visitors, job applicants, and other individuals who interact with us. It does not apply to information about our partners, associates, law clerks, students, or other members of our firm in their capacity as personnel.
2. About Our Firm
Simplyclose Law Professional Corporation carries on legal practice under two brand names: Simplyclose Law, focused on residential and commercial real estate and mortgage enforcement, and Mariotti Law Group, focused on wills, estates, powers of attorney, trusts, and estate administration. Our firm also advises on corporate and commercial matters.
All legal services rendered under the Mariotti Law Group brand are provided by lawyers and law clerks employed by or contracted to Simplyclose Law Professional Corporation.
3. Personal Information We Collect
3.1 Clients and Prospective Clients
In connection with opening a file and providing legal services, we collect personal information that may include:
- Name, pronouns, date of birth, address, telephone number, and email address;
- Government-issued identification and, where required, proof of identity documents;
- Information material to your legal matter, including property ownership history, mortgage details, estate assets and liabilities, beneficiary information, family composition, employment status, financial records, and tax information;
- Information about the individuals who interact with us on behalf of a corporate or estate client, including officers, directors, trustees, estate trustees, and attorneys under a power of attorney;
- Billing, financial, and payment information necessary to administer your account;
- Communications between you and our firm, whether by email, telephone, letter, or through our online platforms.
We may also collect personal information about third parties in the course of acting for our clients, including counterparties to a real estate transaction, beneficiaries, creditors, adverse parties in litigation, expert witnesses, mortgage lenders, and other professionals involved in the matter.
3.2 Website Visitors
When you visit our Website, our servers and third-party analytics tools automatically collect certain technical information, which may include:
- Your Internet Protocol (IP) address and general geographic location;
- The date and time of your visit;
- Pages viewed and documents downloaded;
- The browser and device type you are using;
- The referring URL from which you arrived at our Website.
This information is collected for the purpose of Website administration, security monitoring, and optimising the user experience. We do not use this information to identify individual visitors unless an unauthorized access attempt has been detected.
3.3 Contact Form and Inquiry Submissions
If you contact us through a form on our Website or by email, we collect the information you provide in that communication, including your name, contact details, and the nature of your inquiry. Submitting a contact form or sending an inquiry does not establish a solicitor-client relationship. Unless and until we confirm that we are acting for you in writing, any information you provide is not confidential and does not create any professional obligations on our part.
We recommend that you do not transmit sensitive personal information, including Social Insurance Numbers, financial account details, or health information, through any online form or unsecured electronic channel.
3.4 Job Applicants
If you apply for a position with our firm, we collect the personal information you provide in connection with your application, including your resume, cover letter, references, academic credentials, and information generated during the evaluation process. If you are not offered a position, we retain this information for a reasonable period in the event a suitable opportunity arises in the future or you reapply. If you accept a position, your information is retained in accordance with our internal personnel policies.
4. How We Use Personal Information
We use personal information for the following purposes:
- To assess whether we are able to act for you, including to conduct conflict of interest searches;
- To provide, administer, and communicate with you about legal services;
- To prepare, review, and execute legal documents, registrations, and filings on your behalf;
- To administer our billing and trust accounting systems and to collect amounts owing for professional fees and disbursements;
- To maintain our knowledge management and precedent systems, provided that information is handled in accordance with our confidentiality obligations;
- To send you information about legal developments, firm news, or seminar invitations, where you have consented or where we are otherwise permitted to do so;
- To operate, improve, and secure our Website;
- To evaluate job applications and manage our personnel relationships;
- To comply with our legal, regulatory, and professional obligations, including those imposed by the Law Society of Ontario and applicable legislation.
5. Legal Basis for Collection, Use, and Disclosure
We collect, use, and disclose personal information in accordance with the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5 (“PIPEDA”) and, where applicable, other applicable legislation.
In most cases, we rely on your implied consent to collect and use your personal information for the purpose of providing legal services where you have engaged our firm. For other purposes, such as sending marketing communications or disclosing information to third parties not required for the performance of legal services, we rely on express consent.
In certain circumstances, we may collect, use, or disclose personal information without consent where permitted or required by law, including to collect a debt, to comply with a court order or subpoena, to comply with the rules of court regarding production of records, or to fulfill our obligations to the Law Society of Ontario.
You may withdraw your consent to any non-essential processing at any time by contacting our Privacy Officer using the contact information set out in Section 10 of this Policy. Withdrawal of consent does not affect the lawfulness of processing that occurred prior to withdrawal. In some cases, withdrawing consent may affect our ability to provide you with legal services.
6. Disclosure of Personal Information
We disclose personal information to third parties only in limited and defined circumstances, including:
- Where the legal services we are providing require it, such as disclosing your information to the other side's solicitor in a real estate transaction, registering a charge in a mortgage transaction, or filing documents with a court or government registry;
- Where we engage an expert, consultant, or agent to act or assist in acting on your behalf;
- Where required or authorized by law, including by court order, statute, or regulatory requirement;
- Where necessary to collect unpaid fees or disbursements;
- Where we are required to report to or disclose information to the Law Society of Ontario or another regulatory body in the performance of our professional obligations;
- Where you have specifically instructed us to disclose your information to a particular third party for a particular purpose.
6.1 Service Providers
We engage third-party service providers to assist with the operation of our practice and Website, including cloud storage providers, legal practice management software, document management and signing platforms, accounting software, and Website hosting and analytics providers. These service providers are authorized to use your personal information only as necessary to perform the services they have been engaged to provide.
Most of our service providers process personal information in Canada. Some may process information in the United States or other jurisdictions that may not offer the same privacy protections as Canada. In those cases, we take steps to ensure that appropriate contractual protections are in place, as required by applicable law.
6.2 Business Transactions
If our firm or any part of our practice is involved in a sale, merger, financing, restructuring, or other transaction, we may disclose personal information to the parties involved for purposes connected with evaluating and completing the transaction. In those circumstances, we require that such parties treat your personal information in accordance with this Policy and applicable privacy law.
6.3 Marketing Communications
We may use your name and contact information to provide you with information about legal developments relevant to your matter, firm news, or invitations to educational events. If you do not wish to receive such communications, you may unsubscribe at any time by following the unsubscribe instructions included in any such communication or by contacting our Privacy Officer. We will honour all opt-out requests promptly.
7. Our Website and Technology Platforms
7.1 Cookies and Digital Markers
Our Website uses cookies and similar digital markers to track usage patterns, remember your preferences, and improve the user experience. A cookie is a small text file stored on your device by your browser when you visit a website. You may control or disable cookies through your browser settings. Disabling cookies may affect the functionality of certain features of our Website.
7.2 Web Analytics
We use Google Analytics to collect aggregated data about how visitors interact with our Website, including pages visited, session duration, geographic location, browser and device type, and traffic source. This information is used to improve Website performance and content. Google Analytics may process data on servers located outside Canada. For information about Google's privacy practices, please refer to Google's Privacy Policy. If you do not wish to be tracked by Google Analytics, you may install the Google Analytics Opt-out Browser Add-on.
7.3 External Links
Our Website may contain links to third-party websites, including real estate boards, government registries, and financial institutions. We are not responsible for the privacy practices or content of those websites. We encourage you to review the privacy policies of any third-party websites you visit.
8. Security and Retention
We have implemented reasonable physical, administrative, and technical safeguards to protect personal information in our custody or control against loss, theft, unauthorized access, disclosure, copying, use, and modification. These safeguards are appropriate to the sensitivity of the information.
Notwithstanding these measures, no electronic transmission or storage system is completely secure. We make no warranties as to the absolute security of personal information transmitted electronically, which you do at your own risk.
We retain personal information for as long as necessary to fulfil the purposes for which it was collected, to maintain adequate records in accordance with our professional obligations, and as required by applicable law. Our retention periods are informed by the Law Society of Ontario's records retention guidelines, applicable limitation periods, and the nature of the matter. Personal information that is no longer required is securely destroyed or anonymized.
9. Your Rights
Subject to certain exceptions permitted by applicable law, you have the right to:
- Request access to the personal information we hold about you;
- Request correction of any inaccurate or incomplete personal information;
- Withdraw your consent to certain uses or disclosures of your personal information;
- Lodge a complaint with the Office of the Privacy Commissioner of Canada if you believe your privacy rights have been violated.
We may be unable to provide access to personal information that is subject to solicitor-client privilege, contains the personal information of other individuals, constitutes confidential commercial information, or is otherwise not properly the subject of an access request. We may also require verification of your identity before processing an access or correction request.
To exercise any of your rights, please contact our Privacy Officer using the contact information set out in Section 10 of this Policy.
10. Contact Our Privacy Officer
If you have any questions, concerns, or complaints about our personal information handling practices, or if you wish to make a request to access or correct your personal information, please contact our Privacy Officer:
Privacy Officer
Mariotti Law Group
Owned and Operated by Simplyclose Law Professional Corporation
625 Erie St. E., Windsor, Ontario N9A 3Y1
Email: info@mariottilaw.ca
Telephone: 519-997-3775
11. Changes to This Policy
We reserve the right to amend this Policy at any time. We will take reasonable steps to notify you of material changes, including by posting the revised Policy on our Website with an updated effective date. We recommend reviewing this Policy periodically to remain informed of how we handle your personal information.