Capitalized terms have the meaning that appears when hovered out.
Capital LLP, LLP, Corporation inc., Global S.A.S., and their affiliated entities (“” also referred to as “” or “”) understand and respect the importance of the they collect in order to manage their business and maintain commercial relationships. has developed the present privacy notice (the “”) to govern the processing, notably the collection, use, disclosure, retention, and destruction of in compliance with the .
This describes how processes the belonging to a .
This also describes the data protection rights from which Data Subjects benefit, including the right to object to some of the processing which carries out. More information about these rights, and how to exercise them, is set out below in detail.
3. NOTICE REQUIREMENTS
This is based on applicable . Some provisions may exceed regulatory requirements. In such circumstance, has full discretion with respect to their application.
is the responsible controller for the it processes and has appointed a Chief Privacy Officer (“”) to oversee ’s compliance with the .
3.1.1 Contact details of responsible controller ():
1100 René-Lévesque Blvd West
Montreal, Québec H3B 5C9
T: +1 514 397-8500 | F: +1 514 397-8515
3.1.2 Contact details of :
1100 René-Lévesque Blvd West
Montreal, Québec H3B 5C9
T: +1 514 397-6953
collects and processes the following :
1.Identity and Contact Data, including your name, address, telephone number, date of birth, marital stat, passport number, employment history, educational or professional background, tax stat, employee number, job title and function, and other concerning your preferences relevant to our services;
2. Financial and Payment Data, including your bank account and other data necessary for processing payments and fraud prevention, including credit/debit card numbers, security code numbers and other related billing information;
3. Business Information, including information provided in the course of the contractual or client relationship between or your organization and , or otherwise voluntarily provided by or your organization;
4. Information relevant to our legal advice, including relevant to any dispute, grievance, investigation, arbitration, or other legal advice have been asked to provide to our client;
7. Physical Access Data, relating to details of your visits to our premises;
8. Sensitive : In the course of our client services, may represent and/or your organization in legal matters that require to collect and use sensitive relating to (that is, information about your racial or ethnic origin, political opinions, religio beliefs, trade union activities, physical or mental health, sexual life and sexual orientation or details of criminal offences, or genetic or biometric data).
For example, if represent in a criminal case, will collect information about the alleged offences and any related criminal history. In some employment representations, such as disputes involving alleged discrimination, information about medical conditions, race, religion and/or sexual orientation may be relevant to the representation. Similarly, representations in tax or social security matters may also require to collect sensitive , such as if are advising on whether certain disabilities qualify for social security or tax benefits. Where process sensitive in the course of these and other similar client services, do so to assist and your organization to establish, exercise or defend legal claims or to assist and/or your organization in fulfilling the rights and obligations of applicable employment or social security laws.
If provide information to about any person other than yourself, your employees, counterparties, your advisers or your suppliers, must ensure that they understand how their information will be used, and that they have given their permission for to disclose it to and for to allow , and our outsourced service providers, to use it.
3.3 Purposes of Collection
collects a ’s to manage its business and to maintain and develop commercial relationships as further described herein. will collect, use, and disclose such information only to the extent that is necessary for those purposes. If is required to use or disclose a ’s for a purpose that differs from the purpose described herein, will obtain the ’s consent before using or disclosing the except in those circumstances set out in Section 3.9 of this .
Purposes for which collects are as follows:
(a) To recruit, select, and hire as relevant, the concerned;
(b) To conduct, monitor, and analyze ’s business or internet site operations;
(c) To ensure the content presented on ’s internet site is presented effectively;
(d) To communicate promotional material that the has requested and to which the may unsubscribe by clicking the Unsubscribe link or following the Unsubscribe instructions included in every email;
(e) To support Data Subjects in their participation in ’s marketing or continuing legal education programs for example when the requires accommodation for events or technical assistance for a webinar;
(f) To protect ’s rights and safety as well as that of any third parties;
(g) To comply with any legal requirements or court orders;
(h) To prosecute and defend a court, arbitration, or similar proceeding;
(i) To communicate this information to any advisors who assist in complying with legal, accounting or security requirements;
(j) As otherwise permitted by law.
also uses your for the following purposes:
(a) To execute any obligations arising from a contract entered into between and the or fulfill a contract, or take steps linked to a contract, with or your organization. This includes:
(i) to register as a client of ;
(ii) to provide and administer legal services or other services or solutions, as instructed by or your organization;
(iii) to process payments, billing and collection; and
(iv) to process applications for employment.
(b) As required by to conduct our business and pursue our legitimate interests, in particular:
(i) To provide legal services and to respond to and address any questions or concerns relating to services;
(ii) to administer and manage our relationship with , including accounting, auditing, and taking other steps linked to the performance of our business relationship including identifying persons authorized to represent our clients, suppliers or service providers;
(iii) to carry out background checks, where permitted;
(iv) to analyze and improve our services and communications and to monitor compliance with our policies and standards;
(v) to manage access to our premises and for security purposes;
(vi) to protect the security of our communications and other systems and to prevent and detect security threats, frauds or other criminal or malicio activities;
(vii) for insurance purposes;
(viii) to exercise or defend our legal rights or to comply with court orders;
(ix) to provide legal advice and legal services to our clients;
(x) to communicate with to keep up-to-date on the latest developments, announcements, and other information about our services and solutions (including briefings, newsletters and other information), events and initiatives; to send details of client surveys, marketing campaigns, market analysis, or other promotional activities;
(xi) to collect information about your preferences to personalize and improve the quality of our communications with ; and
(xii) To communicate with the or to anyone who employs the on matters related to their dossier – not promotional matters.
(c) For purposes required by law, including maintaining records, compliance checks or screening and recording (e.g. anti-money laundering, financial and credit checks, fraud and crime prevention and detection, trade sanctions and embargo laws). This can include automated checks of provide about your identity against relevant databases and contacting to confirm your identity, or making records of our communications with for compliance purposes.
(d) Where give consent:
(i) to communicate with to keep up-to-date on the latest developments, announcements, and other information about our services and solutions (including briefings, newsletters and other information), events and initiatives; to send details of client surveys, marketing campaigns, market analysis, or other promotional activities;
(ii) to collect information about your preferences to personalize and improve the quality of our communications with .
will only provide with marketing related information after have, where legally required to do so, opted in to receive those communications and having provided the opportunity for to opt out at any time.
will not use your for taking any automated decisions affecting or creating profiles other than as described above.
will not use for a purpose other than for which it was collected except with the ’s consent unless:
(a) legal, medical or security reasons make it impossible to obtain consent; or
(b) is permitted or required to do so by applicable laws.
3.4 How collects
The circumstances in which can collect about include:
(a) when or your organization seek legal advice from or use any of our online client services;
(b) when or your organization offer to provide, or provides, services to ;
(c) when it is provided to by a third party because are the subject of, or your data is otherwise included in, legal advice are asked to provide to that third party client (for example, where are asked to provide advice in an employment dispute, or where are the subject of an investigation are asked to conduct);
(d) when correspond with by phone, email or other electronic means, or in writing, or when provide other information directly to , including in conversation with our lawyers, consultants and members of ’s team;
(e) when or your organization browse, complete a form or make an enquiry or otherwise interact on our website or other online platforms;
(f) when attend our seminars or other events or sign up to receive information from , including training;
(g) when making enquiries about your organization, other organizations with whom have dealings such as former employers and educational institutions, or from third-party sources such as government agencies, a credit reporting agency, information service providers or from publicly available records.
3.5 Consequences of failure to provide
Where needs to collect by law or in order to process your instructions or perform a contract have with and fail to provide that data when requested, may not be able to carry out your instructions or perform the contract have or are trying to enter into with . In this case, may have to cancel our engagement or contract have with , but will notify if this is the case at the time.
3.6 Limiting Collection
limits the it collects to what is necessary for managing its business and maintaining and developing its commercial relationships.
When a visits ’s internet site or requests a service from , may collect or other information related to the which the chooses to provide. For example, when a opens a client file with , registers to receive content or attends an event, completes forms on ’s internet site (including information reporting a problem with the internet site), communicates with ’s professionals or members of the team, or sends an email, the is willingly providing information which could be included in the collection of . Depending on the circumstances, this may include such as but, not limited to, physical mailing address, personal email address, phone number(s), and other details like gender, occupation, and other demographic information.
3.7 Third Party Information Collection
will collect a ’s information from third parties, where has obtained the requisite consent to do so (for example, upon a client's instructions) or as otherwise permitted by law. From time to time a may provide with the of individuals other than themselves. The agrees to obtain, prior to disclosing such information to , the knowledge and consent of each individual to the disclosure, and to subsequent use by , of such , in accordance with this , unless otherwise permitted by law.
In some circumstances, may be required by applicable law and regulatory requirements, or by the rules of professional conduct that govern the legal profession to collect, use or disclose a ’s without their knowledge or consent.
Where has not been obtained from the , provides the with the following information:
(a) the identity and the contact details of the controller and, where applicable, of the controller’s representative;
(b) the contact details of the data protection officer, where applicable;
(c) the purposes of the processing for which the are intended as well as the legal basis for the processing;
(d) the categories of concerned;
(e) the recipients or categories of recipients of the , if any;
(f) where applicable, ’s intention to transfer to recipients in other countries, a description of the appropriate or suitable safeguards, put in place to protect such data, and how a can obtain a copy of the data or the location where it has been made available;
(g) the period for which the will be stored, or if that is not possible, the criteria used to determine that period;
(h) whether the processing is based on the legitimate interests of or of a third party;
(i) the existence of the right to request from access to and rectification or erasure of or restriction of processing concerning the as well as the right to data portability and to object to processing;
(j) where processing is based on consent, the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal;
(k) from which source the originates, and if applicable, whether it came from publicly accessible sources.
is not required to notify the with the aforementioned information if:
(a) the already has the information;
(b) the provision of such information proves impossible or would involve a disproportionate effort;
(c) obtaining or disclosure is expressly laid down by law to which is subject and which provides appropriate measures to protect the ’s legitimate interests; or
(d) where the must remain confidential subject to an obligation of professional secrecy regulated by law.
3.8 Data Processing while using our Website
3.8.1 Information Collected from a ’s Use of the Site
This information may include but, is not being limited to, ’s IP address and location data, weblogs, time, date, language preferences, browser used, referring web addresses, other communication data, searches conducted and pages visited.
’s email marketing communications may contain a single, campaign-unique “web beacon pixel” to tell whether its emails are opened and combined with other technologies verify any clicks through to links within the email. may use this information for purposes including determining which of its emails is more interesting to a and to query whether users who do not open emails wish to continue receiving them. The pixel will be deleted when a deletes the email. If a does not wish the pixel to be downloaded to their device, through their email client, they can opt not to download images from .
You may also choose not to click links in the email marketing communications that sends . This information may be connected to a ’s personal identity.
3.8.2 Social Media Widgets
’s internet site may include widgets, such as the “Share This” button or interactive mini-programs that run on ’s internet site.
3.8.3 Links to Third-Party Sites
’s internet site includes links to other internet sites, the privacy practices of which may differ from those of .
If a submits to any of those internet sites, their information is governed by the privacy policies of those internet sites and does not accept any responsibility or liability in respect of third-party sites. Please check the privacy policies published on any third party sites which may access through ’s internet site before submitting to them.
3.9 Disclosure and Retention
3.9.1 Disclosure of your
shares your only in the following circumstances:
(i) with our affiliated entities for the purposes of providing with our services as described in this Privacy ;
(ii) with third parties including certain service providers have retained in connection with the legal services provide, such as attorneys, consultants, mediators, or experts and other legal specialists such as law firms for obtaining specialist or foreign legal advice, translators, education evaluation services, couriers, or other necessary entities;
(iii) if have collected your in the course of providing legal services to any of our clients, may disclose it to that client, and where permitted by law to others for the purpose of providing those services;
(iv) on a confidential basis with third parties for the purposes of collecting your feedback on the firm’s service provision, to help measure our performance and to improve and promote our services;
(v) with companies providing services for money laundering and terrorist financing checks, credit risk reduction and other fraud and crime prevention purposes and companies providing similar services, including financial institutions, credit reference agencies and regulatory bodies with whom such is shared;
(vi) with courts, law enforcement authorities, regulators, government officials or attorneys or other parties where it is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim, or for the purposes of a confidential alternative dispute resolution process;
(vii) with service providers who engage within or outside of , domestically or abroad, e.g. shared service centres, to process for any of the purposes listed above on our behalf and in accordance with our instructions only;
(viii) if sell or buy any business or assets, in which case may disclose your to the prospective seller or buyer of such business or assets to whom assign or novate any of our rights and obligations.
3.9.2 Collection, Use, Disclosure and Storage Outside of Canada
, its third-party service providers and other third parties to whom discloses information under the may perform activities outside of Canada. Any ’s that is used, stored or accessed in countries outside of Canada may be subject to the laws of those countries (e.g., where a third party service provider operates internationally). As a result, may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement officials in countries outside of Canada.
A may seek additional information regarding the collection, use, disclosure or storage of their outside of Canada by contacting ’s at the contact details found in 3.1.2 above.
will not retain longer than is necessary to fulfill the purpose for which it was collected including for the purposes of satisfying any legal, accounting, or reporting requirements and, where required for to assert or defend against legal claims, until the end of the relevant retention period or until the claims in question have been settled. As this purpose varies depending upon the involved, invites concerned Data Subjects to contact ’s for any inquiries pertaining specifically to them.
Upon expiry of the applicable retention period will securely destroy your in accordance with applicable laws and regulations and with ’s Document Retention Policy.
uses reasonable efforts to ensure that a ’s is kept as accurate, complete and up-to-date as possible. will not routinely update a ’s , unless such a process is necessary. In order to help maintain and ensure that a ’s is accurate and up to date, a must inform , without delay, of any change in the information they provided to .
is committed to protecting the confidentiality, integrity, availability and privacy of a ’s . employs security safeguards that are customary in the legal profession and appropriate to the sensitivity of the information, including physical, organizational, and technological measures.
Examples of such measures include restricted access to offices, training of personnel, limiting access to information on a “need-to-know” basis, using passwords and well-defined internal policies and practices.
Unfortunately, the transmission of information via the internet is not completely secure. Although does its best to protect a ’s , cannot guarantee the security of data transmitted to our internet site. Any transmission a provides is at their own risk. Once have received a ’s information, will apply our security practices to try to prevent unauthorized access, use and/or disclosure.
may store and process a ’s at ’s offices in Montreal or Québec city. uses contractual and other means to provide a comparable level of protection while information is being stored, handled and processed using any third party service providers.
3.12 Openness, Transparency
is committed to being transparent about its policies and invites Data Subjects to contact the with any questions they may have or to visit ’s website.
3.13 Your rights
3.13.1 You have vario rights with respect to our use of your , these include:
(a) Access: You have the right to request a copy of the that hold about . There are exceptions to this right, so that access may be denied if, for example, making the information available to would reveal about another person, or if are legally prevented from disclosing such information. You are entitled to see the held about . If wish to do this, please contact using the contact details provided at 3.1.1.
(b) Accuracy: We aim to keep your accurate, current, and complete. We encourage to contact using our contact form to let know if any of your is not accurate or changes, so that can keep your up-to-date.
(c) Objection: In certain circumstances, also have the right to object to processing of your and to ask to block, erase and restrict your . If would like to stop using your , please contact using our contact form.
(d) Right to restriction: You have the right to obtain from the restriction of processing in some circumstances.
(e) Portability: You have the right to request that some of your be provided to , or to another data controller, in a commonly used, machine-readable format.
(f) Erasure: You have the right to erase your when the is no longer necessary for the purposes for which it was collected, or when, among other things, your has been unlawfully processed.
(g) Complaints: If believe that your data protection rights may have been breached, have the right to lodge a complaint with the applicable supervisory authority, or to seek a remedy through the courts.
You may, at any time, exercise any of the above rights, by contacting the or using our contact form.
3.13.2 Access to Information
Data Subjects may enquire about their by contacting the or making a request to view their information at email@example.com.
will generally respond to all access requests within 28 days of the receipt of all necessary information. In circumstances where may not be able to provide access, or if additional time is required to fulfill a request, will advise the in writing.
may not release certain types of information to Data Subjects based upon exemptions specified in applicable laws (e.g., where records contain information about other Data subjects, information that was generated in the course of a formal dispute resolution process, information related to investigating a breach of an agreement or contravention of applicable laws or information that is subject to legal privilege). Where possible, will sever the information that will not be disclosed and provide the with access to the remaining information. Should be unable to provide access or disclose to the , will provide the with an explanation, subject to restrictions.
In certain circumstance, such as where the request is excessive or unfounded, may charge the an administration fee for access to his/her , may also charge for additional copies. will advise the of any fees before proceeding with a request.
Data Subjects may learn more about the process or obtain assistance in completing an access request by contacting the .
3.13.3 Right to Withdraw Consent
If have provided your consent to the collection, processing or transfer of your , have the right to fully or partly withdraw your consent.
To withdraw your consent please follow the opt-out links on any marketing message sent to or contact the or use our contact form.
Once have received notification that have withdrawn your consent, will no longer process your information for the purpose(s) to which originally consented unless there is another legal ground for the processing. Withdrawal of consent to receive marketing communications will not affect the processing of for the provision of our legal services.
3.14 Resolving Concerns
Any report, concern, complaint or incident of which becomes aware that involves conduct that may contravene the will be treated confidentially to the extent possible. However, some disclosure may be necessary to adequately address issues raised, aid enquiry and implement solutions, as appropriate.
3.14.1 Incident Reporting and Escalation Process
takes all potential or actual privacy breaches seriously.
Data Subjects may report their concerns about the collection, use, disclosure, retention or destruction of their directly to ’s .
The will engage the appropriate levels of management to assist with a resolution of the issue.
3.14.2 Alternative Actions
While is committed to resolving all privacy matters internally, nothing in the preludes a from contacting the appropriate federal or provincial privacy commissioner.
3.14.3 Prohibition Against Retaliation
will not retaliate against a who, in good faith and on the basis of reasonable belief, raises questions or concerns regarding their privacy.
4. MONITORING/ OVERSIGHT MECHANISM
The Data Protection Committee (“”) conducts periodic reviews of incidents and issues raised through the Incident Reporting and Escalation Process to identify and address systemic issues.
5. ROLES AND RESPONSIBILITIES
is responsible for communicating this and ensuring that members of the team fully comply with all relevant aspects of this and the accompanying guidelines.
5.1 Business and Infrastructure Units
Business or infrastructure units that collect, use, or disclose Data Subjects’ , other than as required, are responsible for ensuring that these activities comply with the . This includes addressing requirements for the collection, use, disclosure, retention, and destruction of .
5.2 Chief Privacy Officer ()
’s is responsible for overseeing ’s , which manages ’s privacy-related risks and supports the protection of privacy and confidentiality of all Data Subjects . The provides support through the Incident Reporting and Escalation Procedures and general awareness and education. The serves as ’s official liaison with the federal and provincial Privacy Commissioners.
The is responsible for providing legal advice and direction to the , as necessary to support appropriate handling of access requests and privacy complaints.
6. MAINTENANCE AND REVIEW
This Policy is effective as of November 1, 2018, and supersedes all prior versions. The next review is scheduled for November 1, 2019.
reserves the right to interpret the Policy at its sole discretion and to make changes as it deems appropriate from time to time without the requirement of advance notice.
continues to evolve and, as a result, this Policy may be amended by from time to time at ’s full discretion without any prior notice or liability to a or any other person. The collection, use and disclosure of a ’s by will be governed by the version of this Policy in effect at that time.
Capitalized terms not otherwise defined have the meaning attributed to them in Section 3. Capital LLP, LLP, Corporation inc., Global S.A.S., and their affiliated entities (“”) are dedicated to processing the data they collect in a lawful and transparent manner.
has developed the present cookies policy (the “Policy”) to describe the use makes of cookies and of the information they collect and store.
“Cookies” are files containing an identifier (a string of letters and numbers) sent by a webserver to a web browser and stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
Cookies are labelled “persistent” when stored by a web browser. Persistent cookies remain valid until their set expiry date, unless deleted before by a user. Cookies are labelled “session cookies” when they expire at the end of the user session when the browser is closed. While cookies do not typically contain information that personally identifies a user, that stores about a user may be linked to the information stored in and obtained from cookies.
“” means an identified or identifiable individual on whom collects . It includes, but is not limited to, clients of , employees of clients, past, present or future Members of the Team, visitors to ’s internet site, suppliers and subcontractors.
“Member of the Team” means all partners, counsels, professionals, consultants, contract workers and all administrative and support personnel whether or not employees of .
“” means any information relating to an identified or identifiable natural person but excludes any information that is not considered as such by .
“” means the Act Respecting the Protection of in the Private Sector, S.Q. P-39.1 and the Protection and Electronic Documents Act, S.C. 2000, C.5. and their respective regulations interpretation bulletins, notices, and decisions from their enforcement bodies.
4. COOKIES THAT WE USE
i) bcf#lang (language preference);
ii) bcf#sc_mode (editor mode preference).
5. COOKIES USED BY OUR SERVICE PROVIDERS
6. MANAGING COOKIES
6.1 Most browsers allow to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can, however, obtain up-to-date information about blocking and deleting cookies via these links:
a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
e) https://support.apple.com/kb/PH21411 (Safari); and
6.2 Blocking all cookies will have a negative impact upon the usability of many websites.
6.3 If block cookies, will not be able to use all the features on our website.
7. OUR DETAILS
7.1 This website is owned and operated by LLP.
7.2 Our principal places of business is Montreal and Quebec City.
7.3 You can contact :
a) by mail:
1100 René-Lévesque Blvd West
Montreal, Quebec H3B 5C9
b) by telephone: 514 397-8500; or
c) by email: firstname.lastname@example.org.
8. MAINTENANCE AND REVIEW
This Policy is effective as of November 1, 2018, and supersedes all prior versions. The next review is scheduled for November 1, 2021.
reserves the right to interpret the Policy at its sole discretion and to make changes as it deems appropriate from time to time without the requirement of advance notice.
continue to evolve and, as a result, this Policy may be amended by from time to time at ’s full discretion without any prior notice or liability to a or any other person. The collection, use, and disclosure of a ’s by will be governed by the version of this Policy in effect at that time.