Last Updated: August 15, 2022
We do not knowingly collect or maintain personal information provided by children under the age of 13 without the consent of a parent or guardian.
This Policy explains:
what personal information we collect and why we collect it;
how we use your personal information;
who we share your personal information with; and
the choices you have to access and update your personal information.
For the purpose of this Policy, “personal information” means information about an identifiable individual.
During the course of our will storage and retrieval services, as well as any other services that we provide on our website (collectively, the “Services”), we may gather and use your personal information through our websites, mobile sites, applications, and tools (collectively, the “Website”). Your personal information may also be obtained directly from you or collected from third parties that have the right to disclose this information to us.
2. WITHDRAWAL OF CONSENT
By: (i) visiting the Website; (ii) using any of its features, (iii) providing us with information; or (iv) purchasing any services, you, in each case, consent to the collection, use, disclosure, and other processing of your personal information as described in this Policy, or for the purposes identified to you at the time you provided your personal information to us.
You may, subject to legal and contractual restrictions and reasonable notice, at any time withdraw your consent to the collection, use, disclosure and other processing of your personal information. If you wish to withdraw your consent, please contact us as set out in Section 13. Please note that revoking your consent may result in you not being able to access or utilize the Website.
3. INFORMATION WE COLLECT
The types of information that Custodius collects include:
(a) Customer Registration Information. If you require your will to be stored by us, you will need to register for a customer account on the Website. When you register for an account, you will be asked to provide certain information, such as: your name, date of birth, home address, and email address. We may also collect your login credentials for the purpose of the administration of your account.
(b) Lawyer Registration Information. If you are a lawyer and: (i) you need to search for a will on our website; (ii) you have been asked by your client to submit a will to be stored with us; or (iii) you have been asked by your client to retrieve a will that is stored by us, you will, in each case, need to register for a lawyer account on the Website. When you register for an account and from time to time, you may be asked to provide certain information, such as your: name, office address, email address, and Law Society of Ontario number. We may also collect your login credentials for the purpose of the administration of your account.
(c) Payment Information. To use our Services, you may need to provide payment information. Your personal information will be processed by our third-party payment processor in connection with facilitating payments on the Website. We engage trusted third-party payment processors to process your online transactions and we do not collect your credit card or banking information through the Website.
(d) Device and Website Information. When you visit the Website, we automatically collect certain information about your device, including information about your web browser, IP address, Internet service provider, time zone, and some of the cookies that are installed on your device (collectively, “Device Information”). Additionally, as you use the Website, we collect information about the individual web pages that you view, what websites or search terms referred you to the Custodius websites, and information about how you interact with the Website (collectively, “Website Information”).
4. HOW WE COLLECT YOUR INFORMATION
Custodius collects your personal information using the following methods:
(a) Direct Interactions. You may provide your personal information to us when you: (i) request information about our Services; (ii) register for an account on the Website; or (iii) email or otherwise correspond with Custodius for any reason.
(b) Automated Technologies or Interactions. As you interact with the Website, we may automatically collect Device Information and Website Information by using the following technologies:
“Log files” track actions occurring on the Website, and collects data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
“Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you visit the Website.
5. USE OF PERSONAL INFORMATION
Custodius may use your personal information, where applicable, for the following purposes:
(a) to provide registered users with the Services;
(b) for administration and account management;
(c) to facilitate communication between you and Custodius;
(d) to authenticate users for security purposes;
(e) to provide you with an invoice or receipt for Services that you have purchased through the Website;
(f) to respond to user communications or to send information requested by you;
(g) to notify users when a new lawyer has been assigned to their will;
(h) to notify lawyers when users have changed their appointed lawyer;
(i) to notify users when a change in the law or circumstance may necessitate changes to a will;
(j) to analyze how the Website is being used and to improve its performance and functionality;
(k) to protect our interests, including establishing, exercising and defending our legal rights and claims;
(l) to investigate and resolve complaints;
(m) to prevent fraud, cooperate with law enforcement and regulatory authorities, and to stop other prohibited, illegal, or harmful activities; or
(n) for any other purpose for which you have provided your consent or as otherwise set forth in this Policy.
You may, at any time, choose to opt-out of receiving communications set out in Section 5(i) by clicking the unsubscribe button that is located at the bottom of each email sent to you by Custodius.
6. THIRD PARTY SERVICE PROVIDERS
Custodius may use third party service providers to provide certain services that support the Website and the Services. The services provided by our third-party service providers may include, but are not limited to: (i) hosting services; (ii) website development services; (iii) payment processing; (iv) information technology support services; (v) legal services, (vi) marketing services and (vii) analytics services. We may disclose your personal information to such service providers as needed for them to perform these services. To the extent that your personal information is provided to any third-party service provider, such service provider will only use or otherwise process your personal information in a manner that is consistent with this Policy.
7. DISCLOSURE OF PERSONAL INFORMATION
Personal information submitted to us through the Website is kept confidential unless disclosed in accordance with this Policy. We do not sell, rent, or lease to third parties any personal information we collect about you.
Except as set out in this Policy, Custodius will not disclose your personal information to any third party unless you expressly consent to such disclosure. Notwithstanding the foregoing, Custodius may disclose your personal information:
(a) when permitted or required by law, such as in response to a subpoena or other legal process;
(b) to engage in negotiations or execution of any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company;
(c) to authorized third party service providers in accordance with this Policy;
(d) to meet legal obligations, including but not limited to regulatory reporting obligations;
(e) to protect and defend the rights or property of Custodius; or
(f) to prevent physical, financial or other harm, injury or loss.
8. YOUR RIGHTS AND ACCESS
Subject to applicable laws, you have the right to access the personal information that Custodius holds about you. You can request from us information about:
the personal information we hold about you;
the categories of personal information that Custodius holds about you;
the purposes of any processing of your personal information;
details to whom your personal information has been disclosed or will be disclosed;
how long we retain your personal information; and
if we did not collect the information directly from you, information about the source.
You may also request that we update any incomplete or inaccurate information about you.
You may exercise your rights under this Section 8 by contacting us as set out in Section 13.
9. LINKS TO OTHER WEBSITES
The Website may contain links to other websites. Please be aware that Custodius is not responsible for the privacy practices of any third party websites. Once you leave the Website, we encourage you to carefully review the privacy statements of each and every site that collects personal information.
For greater certainty, this Policy applies solely to personal information collected, used, disclosed or otherwise processed by us.
Cookies are widely used to add functionality to websites, or to ensure they work more efficiently. Our site relies on cookies to optimize the user experience and ensure the Services function properly.
Most web browsers allow some control to restrict or block cookies through the browser settings; however, if you disable cookies you may find this affects your ability to use certain parts of our website or Services. For more information about cookies please visit https://www.aboutcookies.org.
Custodius employs appropriate industry safeguards that are intended to protect our systems against unauthorized use and access to personal information. It is important to remember that no method of transmitting or storing data is completely secure. Mail, voice communications, faxes, and data transmissions over the Internet are all susceptible to possible loss, misrouting, interception, and misuse of the information being communicated or transmitted. You can prevent unauthorized access to your account and personal information by selecting and securing the password properly and limiting access to your computer, mobile device, and browser. You should always log out from your account when you are no longer accessing the Website.
The servers on which your personal information is stored are located in data centers in the United States of America, Ireland, and Israel. We may use data centers in other locations or engage other third party service providers located outside Canada to process and store your personal information. Please be aware that foreign governments, courts, law enforcement or regulatory agencies may be able to access your personal information under foreign laws, and such foreign laws may not provide the same level of protection as do the laws in Canada.
Custodius retains personal information for as long as necessary to fulfil the purposes for which it was collected, including as necessary to: (i) provide the Services; (ii) maintain a record of the wills stored with us; (iii) comply with our legal or contractual obligations, policies and procedures; or (iv) resolve complaints and disputes. When your personal information is no longer required, it will be securely destroyed or deleted.
13. ACCESS, QUESTIONS, AND CONCERNS
If you: (i) have any questions or concerns about this Policy; (ii) wish to review or update your personal information in Custodius’ possession; or (iii) wish to withdraw consent for the collection, use, disclosure or other processing of your personal information, please contact our Privacy Officer at:
115 Wellington Street
Kingston, Ontario K7L 3C6