Privacy Policy
Positive Solutions Divorce Services® (“Positive Solutions,” “we,” “us,” or “our”) is committed to protecting the privacy, confidentiality and security of the personal information entrusted to us.
This Privacy Policy explains how we collect, use, store, protect, disclose and retain personal information when you visit our website, contact us, schedule a consultation, complete our forms, participate in mediation or use our services.
Our privacy practices are guided by applicable Canadian privacy legislation, including the Personal Information Protection and Electronic Documents Act (PIPEDA).
1. Information We Collect
The personal information we collect depends on your relationship with Positive Solutions and the services you request.
We may collect information including:
- your name, address, telephone number, email address and city of residence;
- information provided when you contact us or schedule a consultation;
- information provided through consultation, intake, screening and client questionnaires;
- information about your marriage, relationship and separation;
- information concerning children and parenting arrangements;
- financial information, including income, property, assets, debts, pensions, investments, businesses, insurance and expenses;
- financial statements, income tax documents, account statements, pension information, property information and other financial disclosure;
- information required to calculate child support, section 7 expenses, spousal support and property equalization;
- information required to prepare Parenting Plans, Separation Agreements, financial reports and other documents;
- communications between you and Positive Solutions;
- contracts, invoices and payment information;
- information discussed during mediation sessions;
- screening information concerning the suitability of mediation;
- meeting notes, working documents and draft documents; and
- temporary recordings, transcripts and AI-generated meeting summaries where AI-assisted note-taking technology is used.
Where property or support issues are being addressed, clients are required to provide full and complete financial disclosure. Financial documentation is uploaded electronically to the secure folder provided by Positive Solutions.
We limit the personal information we collect to information reasonably necessary to provide our services, administer the client relationship and meet our legal and business obligations.
2. Why We Collect and Use Personal Information
We may collect and use personal information to:
- respond to inquiries;
- schedule and conduct complimentary consultations;
- determine whether mediation may be appropriate;
- conduct individual intake and screening meetings;
- assess the ongoing suitability of mediation;
- communicate with prospective and existing clients;
- collect and review financial disclosure;
- conduct financial, equalization and support calculations;
- prepare Parenting Plans, Separation Agreements, financial reports and other documents;
- provide and administer mediation services;
- schedule meetings and provide reminders;
- provide access to secure client folders;
- send questionnaires, proposals, contracts and invoices;
- process payments;
- maintain appropriate business and client records;
- provide annual reminders regarding the review of child and/or spousal support, where applicable;
- remind clients when they may be eligible to apply for a divorce following one year of separation;
- respond to questions and requests;
- protect the security of our systems and information; and
- comply with applicable legal and regulatory requirements.
Information required for future support reviews and divorce eligibility reminders may be retained in our client database for these purposes.
We will not use personal information for a materially different purpose without obtaining additional consent where required.
3. Consent
We obtain consent for the collection, use and disclosure of personal information as required by applicable privacy legislation.
Consent may be provided electronically, in writing, verbally or through an individual’s actions, depending on the nature and sensitivity of the information and the circumstances in which it is collected.
Certain personal information is necessary for us to provide mediation and related services. If you choose not to provide information reasonably required for those services, we may not be able to provide or continue providing the requested service.
You may withdraw consent to certain uses of your personal information, subject to legal or contractual restrictions and reasonable notice. Withdrawal of consent may affect our ability to provide particular services.
4. Confidentiality of the Mediation Process
Positive Solutions conducts closed mediation.
Information, communications and admissions made during mediation are confidential, subject to the exceptions contained in our Client Contract and applicable law. The mediator’s notes, records, draft documents, AI-generated summaries and working materials are also treated as confidential.
Positive Solutions will not disclose information relating to mediation to third parties except:
- with the parties’ written consent;
- where ordered by a court or otherwise required by law;
- where disclosure is necessary to address an actual or potential threat to the safety of a participant;
- where disclosure is required under applicable child protection legislation or in relation to criminal activity; or
- where information is used for research, training or educational purposes, provided all personal identifying information has been removed.
These confidentiality exceptions are also set out in our Client Contract.
5. Client Questionnaires, Screening and Individual Information
Before mediation begins, clients complete an individual intake and screening process.
As part of this process, clients are asked to complete a confidential questionnaire that addresses matters relevant to the suitability of mediation, including any history or concerns relating to domestic or family violence, safety, intimidation, coercion and power imbalances.
Screening is not limited to the beginning of the process. The mediator continues to assess safety, power imbalances, family violence, capacity and the overall suitability of mediation throughout the mediation process.
Information provided through individual screening is treated as confidential and is handled in accordance with our professional responsibilities, Client Contract and applicable law.
Administrative communications concerning scheduling, billing, disclosure collection, secure folder access, technical support and file management may occur individually with either client and do not compromise mediator neutrality.
6. Information About Other Individuals
Because separation and divorce involve families, clients may provide personal information concerning a spouse, former spouse, partner, children, family members or other individuals.
We ask clients to provide only information reasonably relevant to the consultation, screening, mediation or services being provided.
Information concerning other individuals will be handled in accordance with this Privacy Policy, our Client Contract and applicable law.
7. Storage and Access to Client Information
Positive Solutions currently uses GoHighLevel to assist with client intake, communications and client relationship management and Sync for electronic client file and document storage.
Each couple is provided with a secure Sync folder that is protected by a unique password. Access is limited to the clients associated with that folder and authorized Positive Solutions staff who require access to perform their work.
Clients are responsible for keeping their password and access information confidential and should not provide their secure folder credentials to unauthorized individuals.
Financial and other client documents are uploaded electronically through the secure folder provided by Positive Solutions.
We do not sell or rent client personal information.
8. Online Mediation and Zoom
Positive Solutions provides online mediation services using Zoom unless another platform is agreed upon.
Meeting links and access instructions are provided electronically before scheduled sessions. Clients are encouraged to use secure Wi-Fi or a hard-wired internet connection rather than public Wi-Fi because public networks may present additional privacy and security risks.
No unauthorized person may observe, overhear, participate in or otherwise have access to an online mediation session. Any authorized third party participating in the process is required to comply with confidentiality requirements.
Clients and third parties are prohibited from making their own audio or video recordings of mediation sessions. This does not apply to mediator-controlled AI-assisted note-taking disclosed as part of our mediation process.
9. AI-Assisted Note-Taking and Meeting Technology
Positive Solutions may use secure artificial intelligence (“AI”) tools, including AI-assisted meeting summary technology, to assist with note-taking, drafting and file management.
AI-generated summaries are used solely for internal drafting and administrative purposes.
Meeting audio may be temporarily processed or stored through secure third-party technology for the purpose of generating meeting notes or summaries.
AI-generated summaries are not shared with outside parties, including lawyers, courts or government agencies, unless required by law.
Temporary recordings, transcripts, AI-generated summaries and related working notes are securely deleted within 30 days after signing the final Separation Agreement, unless continued retention is required by law, court order, insurance obligations or regulatory requirements.
No electronic system can guarantee absolute confidentiality or security.
10. Interns and Observers
From time to time, interns or observers may attend mediation meetings for training or professional development.
Clients will be advised in advance and consent will be obtained before an intern or observer attends.
Interns and observers are bound by the same confidentiality obligations applicable to the mediation process.
11. Communications
Positive Solutions may communicate with prospective and existing clients by email, telephone and text message in connection with consultations and the services being provided.
These communications may include:
- consultation information and reminders;
- questionnaires;
- scheduling information;
- requests for information or financial disclosure;
- secure folder information;
- proposals;
- contracts;
- invoices and payment information;
- document notifications;
- annual support review reminders;
- divorce eligibility reminders; and
- other administrative communications related to our services.
Mediation is not conducted through email, text message or individual telephone calls. Issues relating to the substance of the mediation are discussed during mediation sessions so that both parties have an opportunity to participate.
The mediator does not initiate or participate in individual telephone calls with one party concerning mediation issues and does not respond to emails or text messages concerning mediation issues unless all parties are included, subject to confidential screening and other circumstances permitted by the mediation process. Administrative communications from Positive Solutions staff may occur individually where appropriate.
Positive Solutions does not send marketing or promotional content to existing clients.
12. Technology and Service Providers
Positive Solutions uses third-party technology providers to assist us in providing our services, including GoHighLevel, Sync and Zoom.
These providers may process or store personal information on our behalf to provide services such as client intake and database management, secure file storage, client communications and online meetings.
These service providers do not receive client information from Positive Solutions for their own independent marketing purposes.
Some technology providers may process or store information outside Canada. Where personal information is processed in another jurisdiction, it may be subject to the laws of that jurisdiction.
Positive Solutions remains responsible for personal information under its control and takes reasonable steps when selecting and using service providers that handle personal information on our behalf.
13. Other Disclosure of Personal Information
We may disclose personal information:
- where you have provided consent;
- to technology providers we use to provide our services, including secure file storage, client communications, intake management and online meetings;
- where necessary to provide a service you have requested;
- where required by a court order or other lawful authority;
- where required or permitted by law;
- where necessary in connection with child protection obligations;
- where necessary to address an actual or potential safety concern; or
- where otherwise permitted under our Client Contract and applicable law.
We limit disclosure to information reasonably necessary for the applicable purpose.
14. Protecting Personal Information
We use administrative, technical and organizational safeguards appropriate to the sensitivity of the personal information we hold.
These safeguards include restricting access to authorized staff, secure electronic file storage, unique password protection for client folders, confidentiality requirements and procedures for the retention and secure destruction of client information.
Documents prepared as part of the mediation process are uploaded to the clients’ secure, password-protected Sync folder rather than being sent as email attachments.
Clients also have an important role in protecting their information and should maintain the confidentiality of passwords, use secure internet connections and take appropriate precautions when accessing or downloading confidential documents.
While we take reasonable measures to protect personal information, no electronic communication or information-storage system can guarantee absolute security.
15. Retention and Destruction
Positive Solutions does not retain all client information indefinitely.
Signed client contracts, signed Separation Agreements and screening documents are retained for seven (7) years from file closure.
Financial disclosure, draft documents, AI-generated summaries, temporary transcripts, temporary recordings and working documents are generally securely destroyed within 30 days after signing the final Separation Agreement, unless longer retention is required by law, court order, insurance obligations or regulatory requirements. This reflects the retention and destruction provisions contained in our Client Contract.
Limited contact and administrative information may be retained in our client database where necessary to provide annual child and/or spousal support review reminders, divorce eligibility reminders, maintain appropriate business records, or meet legal or regulatory requirements.
Information that is no longer required will be securely deleted or destroyed in accordance with our retention practices.
16. Accessing and Correcting Your Information
You may request access to personal information Positive Solutions holds about you and request correction of information you believe is inaccurate or incomplete.
Because mediation files frequently contain information relating to more than one individual, access to your personal information does not necessarily provide access to another person’s personal information or to the complete mediation file.
We may be required or permitted to withhold certain information in accordance with applicable law, confidentiality obligations or the nature of the mediation process.
We may request information necessary to verify your identity before responding to an access or correction request.
Requests may be directed to our Privacy Officer using the contact information below.
17. Privacy and Security Incidents
If Positive Solutions becomes aware of unauthorized access to, loss, use or disclosure of personal information, we will assess the circumstances and take appropriate steps to contain and address the incident.
Where required by applicable privacy legislation, we will notify affected individuals and report the incident to the appropriate privacy authority.
18. Website, Cookies and Online Forms
When you visit our website or use our online forms, certain technical information may be collected automatically by our website and technology providers. This may include your IP address, browser type, device information and information about how you access or use the website or form.
Cookies and similar technologies may also be used to support website functionality.
Third-party or embedded content appearing on our website may operate under the privacy practices of the applicable third-party provider.
We encourage users to review the privacy practices of third-party websites or services before providing personal information directly to them.
19. Privacy Officer
Positive Solutions has designated a Privacy Officer who is responsible for overseeing our privacy practices and responding to privacy-related questions, concerns and requests.
Privacy Officer
Positive Solutions Divorce Services®
Email: connect@positivesolutions.ca
Phone: (877) 334-7737
You may contact our Privacy Officer if you:
- have questions about this Privacy Policy or our privacy practices;
- wish to request access to or correction of your personal information;
- wish to withdraw consent where applicable; or
- have a concern about how your personal information has been handled.
Individuals may also have the right to make a complaint to the Office of the Privacy Commissioner of Canada.
20. Changes to This Privacy Policy
We may update this Privacy Policy from time to time to reflect changes to our services, technology, information-handling practices or legal requirements.
The current version will be posted on our website with the date of the most recent update. Where a change materially affects how personal information is collected, used or disclosed, we will obtain additional consent where required.
