Terms and Conditions

General Terms and Conditions

By accessing and browsing this website, you accept the terms and conditions contained below. The terms and conditions may change from time to time, and it is your responsibility to check for such updates.

Intellectual Property Notice

© 2016 Ingenuity Counsel Incorporated. All rights reserved. Ingenuity Counsel Incorporated either owns the intellectual property rights in the underlying HTML, Java scripts, text, audio clips, video clips, photos and other material and services that is made available to you on our website, or has obtained the permission of the owner of the intellectual property in such content to use the content on our website. The features of our website, and its arrangement and architecture, as well as the content, are protected by Canadian and international intellectual and industrial property rights, including copyrights, trademarks and other proprietary rights.

Limited License

We grant to you a limited license to display on your computer, print, download and use the content and materials that is made available to you on our website, for your own non-commercial, personal, or educational uses only, provided that you do not modify any content. No other use is permitted. Without limiting the generality of the foregoing, you may not:

a. make any commercial use of such content;

b. include such content in or with any product that you create or distribute; or

c. copy such content onto your or any other website.

Trademarks

“Ingenuity Counsel” and our logo on the website are the trademarks of Ingenuity Counsel Incorporated. 
The names of all other companies, products and services mentioned on our website are the trademarks of their respective owners. The display of trademarks or trade names on this website does not convey or create any license or other rights in these marks or names. Any unauthorized use of them is strictly prohibited.

No Attorney – Client Relationship

No attorney-client, advocacy, fiduciary or other relationship is created by accessing or otherwise using the contents and materials on our website or by communicating with a lawyer or foreign legal consultant by way of email or through our website.

No Legal Advice

The information provided on our website, including any sample documents or agreements, is not intended to be legal advice. Many factors unknown to us may affect the applicability of any statement or comment that we make on our website to your particular circumstances. Your use of these materials is at your own risk. We recommend that you always obtain legal advice before modifying or using any materials, including any sample documents or agreements, in your business.

No Warranties

While Ingenuity Counsel has made reasonable efforts to ensure that the materials, including sample documents and agreements, contained on this website are accurate, Ingenuity Counsel does not warrant the quality, accuracy or completeness of any information or materials on our website. Ingenuity Counsel does not guarantee our website will be available without interruption, errors or omission or that the website and the servers(s) that make it available are free from viruses or other harmless components. The website and all information and materials provided on the website are provided “as is” without warranty or condition of any kind. This website may include inaccuracies or typographical errors. In no event shall Ingenuity Counsel be liable for any damages whatsoever, including but not limited to special, indirect or consequential damages, arising out of or in connection with the use or performance of information and materials available on this website.

Communications not Confidential

Ingenuity Counsel does not guarantee the confidentiality of any communication via email or its website that relates to a matter for which an Ingenuity Counsel lawyer or foreign legal consultant does not already represent you. In matters when an Ingenuity Counsel lawyer or foreign legal consultant does represent you, email may not be secure.

No Endorsement

Any reference on this website to any third party companies, products or services is provided for your convenience only and does not imply any endorsement or recommendation by Ingenuity Counsel.

Linking

You may link to the front page of this website at www.ingenuitycounsel.com. Any other link to this website is prohibited without the prior consent of Ingenuity Counsel. Ingenuity Counsel is required to protect our reputation and trademarks; therefore, we reserve the right to request removal of any link to our website. To the extent our website contains links to other websites, Ingenuity Counsel does not control the availability or content of these websites. Your use of any linked website is at your own risk.

California

This website constitutes a “communication” as defined in Rule 1-400(A) of the California Rules of Professional Conduct because it is a message made by and on behalf of Michael Kennedy who is a member of the State Bar of California concerning Ingenuity Counsel and the availability for professional employment of Michael Kennedy and Ingenuity Counsel.

Attorney Advertising

Prior results do not guarantee a similar outcome.

Additionally, pursuant to applicable laws and rules of professional conduct in other states, this website may constitute advertising. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you select any lawyer, you should inquire further about the particular abilities, qualifications, and experiences of the lawyer to determine if they are appropriate for your needs. If you wish to consider retaining Ingenuity Counsel to be your lawyer or foreign legal consultant, please contact us for more information.

Privacy Statement

Ingenuity Counsel Incorporated and its associated lawyers, foreign legal consultants and other legal service providers (“Ingenuity Counsel” or “we”) are committed to maintaining the accuracy, security and privacy of Personal Information in accordance with applicable law. The purpose of this Privacy Statement is to inform you about the types of Personal Information we collect, use and disclose. It explains how we collect, use and disclose that information, the choices you have regarding such use and disclosure, and how you may correct and have access to that information.

Consent

By submitting personal information to Ingenuity Counsel, you agree that we may collect, use and disclose such personal information in accordance with this Privacy Policy and as permitted or required by law. Subject to restrictions under law or contracts, you may refuse or withdraw your consent at any time by contacting Ingenuity Counsel’s Privacy Officer. If you refuse or withdraw your consent, we may not be able to provide you or continue to provide you with certain services or information that may be of value to you. If you provide Ingenuity Counsel with personal information of another individual, you represent that you have that individual’s consent to allow Ingenuity Counsel to collect, use and disclose that personal information in accordance with this Policy.

Addressing frequently asked questions concerning our commitment to your privacy and personal information protection.

1. What Personal Information do we collect?

Personal Information is generally any information about an identifiable individual or information that allows an individual to be identified. Personal Information does not generally include business contact information such as your name, title, business address, email address or telephone number. 
The types of Personal Information that Ingenuity Counsel may collect about you include your name, mailing address, residential phone numbers or email address, personal history (including financial and credit information, billing and account information, and personal family and relationship matters, if applicable to our work, criminal information), personal information related to corporate involvements, work experience (past and present), discipline, and tax records.

2. How do we collect your Personal Information?

We only collect Personal Information that you voluntarily provide to us. We may collect Personal Information if you contact us, through email, telephone, the completion of forms and other inquiries about our services, or otherwise in the course of providing services to you.

In obtaining your consent, other than as reasonably implied in the circumstances, we will use reasonable efforts to inform you of the identified purpose for which Personal Information will be used or disclosed. The form of consent may vary depending on the circumstances and type of information disclosed. In determining the appropriate form of consent, we shall take into account the sensitivity of the Personal Information and the reasonable expectations of the individuals.

3. Why do we collect your Personal Information?

Ingenuity Counsel only collects the Personal Information necessary to fulfill the purposes identified to you prior to or at the time of collection, or any other reasonable and legitimate purposes that would reasonably be expected by you in the context of our relationship or dealings, or as required by law.

In general, Ingenuity Counsel collects, uses and discloses Personal Information about our clients and service providers in order to provide consultation, advice and legal services to clients and potential clients. We may also collect, use and disclose Personal Information for administration purposes (e.g., billing and account management) and to market services to you and other potential clients. Examples of specific purposes are below:

To establish and manage client relationships, provide legal advice and services, fulfill legal duties and avoid conflicts of interests
To establish and maintain commercial relationships, including to evaluate credit standing, to issue invoices, to administer accounts, and to collect and process payments in relation to your business relationship with us
To communicate with our associated lawyers in order to provide legal advice and services to you
To protect Ingenuity Counsel and our associated lawyers against fraud, negligence, error, theft and other illegal activity, and to audit compliance with Ingenuity Counsel policies and contractual obligations
To develop and market Ingenuity Counsel services that may be of interest to you
To market, sell or otherwise provide products and services of third parties with whom Ingenuity Counsel has a commercial relationship
To distribute information email communications, conference and event information and other material to individuals on our mail and e-mail lists
As permitted by, and to comply with, any legal or regulatory requirements or provisions

4. To whom do we disclose Personal Information?

Except as provided for in this policy, we will not sell, rent, lease, commercially exploit or otherwise disclose your Personal Information or data to third parties unless: (i) required by law or to cooperate with any bona fide legal investigation; (ii) required to protect the legal interests of Ingenuity Counsel, including for credit checking and collection purposes, as applicable, or in connection with a potential financing, merger or acquisition in which case the applicable counterparties shall be placed under obligations of confidentiality; or (iii) you provide consent to such disclosure.

From time to time, Ingenuity Counsel may disclose your Personal Information to:

To our associated lawyers for the purposes listed in paragraph 2 above
To other professional firms, government agencies and any other organizations/enterprises, when required for services to and for clients, as well as for compliance and insurance obligations or collections efforts (such as credit bureaus, collection agencies provincial law societies, insurers, securities regulators)
To third party service providers with whom we have a contractual arrangement, which have comparable levels of privacy protections, for the processing, storage or service related to services rendered to or for clients (such as document management, printing, shredding, faxing, IT, investigations and searches and independent expert matters)
Any third parties where you consent to such disclosure or where disclosure is required or permitted by law
In certain circumstances, as permitted or required by law, we may use or disclose Personal Information without your knowledge or consent. These circumstances include: where the Personal Information is publicly available; where collection or use is clearly in the interests of the individual and consent cannot be obtained in a timely way; to investigate a breach of any agreement or a contravention of a law; to comply with a subpoena, warrant, court order or as required or otherwise permitted by law. When information is being collected for the detection and prevention of fraud or for law enforcement, seeking consent of the individual may defeat the purpose of collecting the information.

5. How do we protect your Personal Information?

Ingenuity Counsel employs administrative and technological safeguards appropriate to the sensitivity of your Personal Information. Where Personal Information is sent to third parties for processing, we ensure, through our contracts with them, that all Personal Information is kept secure. We also protect your Personal Information through organizational measures, such as publishing this policy to all Ingenuity Counsel employees and associated lawyers with the strict instructions to act in accordance with its principles (for example, limiting access on a “need to know” basis). While we cannot guarantee that loss, misuse or alteration to your Personal Information will not occur, we will use our resources and expertise to attempt to prevent such occurrences.

6. How long will we utilize, disclose or retain your Personal Information?

We may keep a record of your Personal Information, including correspondence or comments, in the applicable file(s) specific to you, electronic or otherwise, as well as in current and archived email systems. We will utilize, disclose or retain your Personal Information for as long as necessary to fulfill the purposes for which it was collected and as required or otherwise permitted by law.

7. How can you access your Personal Information?

Subject to the exceptions provided by the applicable law, we will make available to you any specific Personal Information about you that we have collected, utilized or disclosed, upon your written request. Simply send your request for access to the Privacy Officer listed below.

You can at any time, challenge the accuracy or completeness of the Personal Information we have on you, subject to the exceptions provided by the applicable law. If you successfully demonstrate that the Personal Information we have on you is inaccurate or incomplete, we will amend the Personal Information as required. Where appropriate, we will transmit the amended information to third parties to whom we have communicated your Personal Information.

We will use reasonable efforts to ensure that your Personal Information is kept as accurate, complete and up-to-date as possible. We will not routinely update your Personal Information, unless such a process is necessary. In order to help us maintain and ensure that your Privacy Information is accurate and up to date, you must inform us, without delay, of any change in the information you provided to us.

8. Privacy and our Website

When you access our website, we, or companies we hire to track how our website is used, may place small data files called “cookies” on your computer or smartphone device. We send a “session cookie” to your computer or device when you log in to your account or browse our webpages. This type of cookie helps us to recognize you if you visit multiple pages on our site during the same session, so that we don’t need to ask you for your password on each page, or to otherwise assist in associating one request with another in the same browser session. Once you log out or close your browser, this cookie expires and no longer has any effect.

Our website may contain links to other websites which are provided as a convenience only. Visitors are advised that third party websites may have different privacy policies and practices, and Ingenuity Counsel has no responsibility for such third party websites.

9. Changes to our Privacy Policy

Ingenuity Counsel may, from time to time, change or supplement our Privacy Policy. If we make any change to this Policy, we will post such changes on our website, and make such revised Policy available through our Privacy Officer.

10. How do you contact us regarding access to your Personal Information or making complaints?

All complaints or other inquiries regarding your Personal Information or our Privacy Policy should be forwarded to our Privacy Officer as follows:

In writing: Attn: Michael Kennedy,
Ingenuity Counsel Incorporated, Privacy Officer 
13831 Riverside Drive East, Unit 3, Tecumseh, Ontario

By telephone: 519-252-3888
By email: info@ingenuitycounsel.com