Please note that Maxim Gutsan does not draft affidavits for litigation and estates.

Privacy Notice

Last Updated: November 04, 2024

1. Your privacy is paramount

Maxim Gutsan c.o.b. as Maxim Gutsan, B.A Notary Public & Gutsan Legal Services & Humber Bay Notary Public operates as licensed paralegal in the province of Ontario and an appointed Notary Public in and for the province of Ontario. Maxim Gutsan, B.A Notary Public (“MG”) is committed to protecting the privacy of its clients (“Clients”).

The purpose of this Privacy Policy (“Policy”) is to inform our clients how MG gathers and uses the personal information of its Clients. This means that two privacy laws are relevant when we collect, use or disclose Personal Information: Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and Ontario's Freedom of Information and Protection of Privacy Act (FIPPA). 

Complying with these privacy laws and protecting your privacy is a top priority for us, so we've written this Privacy Policy to let you know about your rights and our obligations when it comes to the collection, use and disclosure of your Personal Information. This notice is made available and updated online at www.gutsan.ca and, at your request, can be printed and provided to you. We’ll let you know when we make updates. If you do not agree with our policies and practices, please do not use our website or associated services. By accessing or using our website, you indicate that you understand, accept, and consent to our practices described in this Policy.

2. What's Personal Information?

Personal Information means any information about an identifiable individual where the information, alone or with other information that's reasonably available, can be used to identify that person. Certain information is exempted from this definition, like somebody's business contact information that's used to communicate about their employment, business, or profession.

3. Why we collect Personal Information and the choices you have

We collect Personal Information only for legitimate business purposes, and use this information after considering its sensitivity, effectiveness, as well as privacy impacts and alternatives. By summarizing things below, we’ve made it easy for you to understand the main reasons we collect Personal Information, the types of information involved, their sources, who we may share it with, and choices you may have with your Personal Information.

1. Purpose

Maxim Gutsan, B.A Notary Public (“MG”) is committed to protecting the privacy of its clients (“Clients”).

The purpose of this Privacy Policy (“Policy”) is to inform our Clients how MG gathers and uses the personal information of its Clients. MG reserves the right to change, add, or remove portions from this Policy at any time. However, if any change involves a plan to use personal information in a way that differs from this privacy policy, MG will first obtain the Client’s prior consent, except where such new uses are permitted or required by law.

2. Scope

(a) This Policy applies to MG’s collection, use, and disclosure of personal information in connection with the Website and its related services, but does not limit its collection, use or disclosure of:

(i) Business contact information; and

(ii) Certain publicly available information.

(b) This Policy is intended to comply with the applicable federal and provincial privacy legislation in all the jurisdictions that MG operates.

3. Collection, Use and Disclosure of Personal Information

(a) Personal Information

(i) “Business Contact information” is information to enable an individual at a place of business to be contacted and includes the name, position name or title, business telephone number, business address, business email or business fax number of the individual.

(ii) “Personal information” is information about an identifiable individual but does not include business contact information. Examples of information that could be personal information include your name, home address, gender, date of birth, language preference, personal email address, personal telephone number, credit card information, personal opinions, or health or medical information.

(b) Collection and Use of Personal Information

(i) Except where otherwise required or permitted by law, MG will inform Clients of the purposes for the collection, use or disclosure of the Client’s personal information, prior to collecting, using or disclosing that personal information.

MG collects and uses personal information for the purposes of providing the Client with the services agreed upon in the Client Services Agreement and for reasonable business purposes which include, but are not limited to:

A. completing applications, forms, and other documents on the Client’s behalf;

B. completing transactions, billing, and other payment obligations;

C. regulatory reporting requirements;

D. to protect MG and its Clients from fraud, theft and similar risks;

E. to defend MG and to address, where necessary, any claims, complaints, or legal proceedings;

F. to ensure quality service to Clients

(c) Disclosure of Personal Information

(i) MG will not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the Client or as required or permitted by law.

(ii) MG may disclose certain personal information to third party service providers and to affiliated entities in order to carry out the purposes outlined above (e.g., credit card processing, storage and retention of personal information).This may include the storage of personal information on servers that may be located outside of Canada such as in the United States, (which means that such information will be available to law enforcement and/or regulatory authorities according to the applicable laws of such foreign jurisdictions). Prior to sharing personal information with a service provider, MG will use diligence to ensure that such recipients safeguard the personal information and use the information only for authorized purposes.

(iii) Minors

Our services are not available for users under the age of 18 (or the age of legal consent for the jurisdiction the user is located in) (a “Minor”). Minors may not provide any information to or on our website. We do not knowingly collect Personal Information from Minors. If you are a Minor, do not use or provide any information to us via the online forms or email or on or through any of its features/register on our website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.

(iv)  

(v) If we learn we have collected or received Personal Information from a Minor without verification of parental consent, we will delete that information. 

(vi)  

(vii) If you believe we might have any information from or about a Minor, please contact our privacy officer in accordance with Section 16 of this Policy.

4. Consent

(a) Requirements for consent to collection, use, or disclosure of personal information vary depending on circumstances and on the type of personal information that is intended to be collected, used or disclosed. In determining whether consent is required and, if so, which form of consent is appropriate, MG will take into account both the sensitivity of the personal information at issue and the purposes for which MG will use the information. Consent may be express, implied (including through use of “opt-out” consent where appropriate), or deemed.

(b) By submitting personal information to MG or its service providers and agents, the Client agrees that MG may collect, use and disclose such personal information in accordance with this Policy and as permitted or required by law.

(c) Subject to legal and contractual requirements, the Client may refuse or withdraw his or her consent to certain of the identified purposes at any time by contacting the privacy officer identified in Section 10 of

this Privacy Policy. If the Client refuses to consent (or withdraws his/her consent),MG may be unable to, among other things, provide or continue to provide the Client with certain services.

5. Accuracy

(a) MG will make reasonable efforts to ensure that the personal information collected, used, or disclosed is accurate and complete.

(b) It is the responsibility of the Client to provide MG with any changes in personal information, where necessary.

(c) Clients may request in writing that MG correct an error or omission in personal information. If MG is satisfied that a correction should be made, it will amend the information as requested and, where appropriate, will send the corrected information to the third parties to which it has disclosed that information.

(d) Requests to correct an error or omission should be made, in writing, to Maxim Gutsan, identified in Section 10 of this Privacy Policy. The written request must also provide sufficient detail so that Maxim Gutsan can properly and efficiently respond to the request.

(e) MG will respond to such written requests within 30 days, or alternatively, the timeframe prescribed by the relevant legislation.

6. Access

(a) Clients may request in writing access to their personal information and information regarding the collection, use and disclosure of that personal information. MG will provide appropriate access to personal information requested. A written explanation will be provided if the requested access is not granted. Access requests should be made, in writing, to Maxim Gutsan, as identified in Section 10 of this Privacy Policy.

(b) MG will respond to the written requests within 30 days, or alternatively, the timeframe prescribed by the relevant legislation.

7. Personal Information Retention

MG retains personal information in accordance with its legal or business practices. Once the personal information is no longer required to fulfill the purpose for which it was collected and no longer required or permitted to be retained for legal or business purposes, it will be securely destroyed or made anonymous.

8. Protection of Personal Information

MG takes appropriate steps to protect personal information whether in paper or electronic form from unauthorized access disclosure, use or modification. These steps include but are not limited to:

(a) protecting the confidentiality of Clients’ personal information when doing business internally or externally with other organizations.

(b) protecting Clients’ personal information with appropriate and effective security safeguards, including physical, administrative, and technology safeguards, against such risks as loss or theft, unauthorized access, disclosure, copying, use or destruction, regardless of the format in which it is held; and

(c) retaining Clients’ personal information only as long as necessary for the fulfilment of the identified purposes, or as required by law, and maintaining reasonable and systematic controls, schedules and practices for the retention and destruction of such information.

(d) Concerns of Non-Compliance

• Clients may direct a complaint concerning compliance with the Policy to the MG Privacy Officer.

Maxim Gutsan Privacy Officer Tel: 416.667.7577

Email: info@gutsan.ca

• Any complaint must be provided in writing. Within a reasonable time following receipt of the complaint, Maxim Gutsan will conduct an investigation into the complaint. The format of this investigation will vary depending on the circumstances and may or may not involve an interview with the complainant and/or MG employees conducted by the Privacy Officer.

• After the investigation into the complaint, MG will take appropriate measures where necessary to address the cause of the complaint.

• Within a reasonable time following the conclusion of the investigation, Maxim Gutsan will inform the complainant, either verbally or in writing, of:

• the result of the investigation; and

• any measures MG will take to address the cause of the complaint.

9. Complaints

If you are not satisfied with our response to your privacy-related inquiry, you have the right to file a complaint with the Office of the Privacy Commissioner of Canada or the Information and Privacy Commissioner of Ontario, as applicable.

Office of the Privacy Commissioner of Canada

30 Victoria Street

Gatineau, Quebec K1A 1H3

Toll-free: 1-800-282-1376

Platform: www.priv.gc.ca

Information and Privacy Commissioner of Ontario

2 Bloor Street East, Suite 1400

Toronto, Ontario M4W 1A8

Toll-free: 1-800-387-0073

Platform: www.ipc.on.ca

10. Changes to the Policy

MG may from time to time make changes to this Policy to reflect changes in its legal or  regulatory obligations or in the way MG deals with the personal information of Clients.

MG will communicate any revised version of this Policy by providing reasonable notice of the revised Policy on its Website.

11. Choices

You can opt of the use of your Personal Information for marketing purposes by contacting us using the Maxim Gutsan via the email at info@gutsan.ca You can also unsubscribe from emails or other messages from MG. By using our website and our associated services, you acknowledge and agree to the terms of our Privacy Policy.