Capitalized terms have the meaning that appears when hovered out.
BCF Capital LLP, BCF LLP, Corporation BCF inc., BCF Global S.A.S., and their affiliated entities (“BCF” also referred to as “we” or “us”) understand and respect the importance of the Personal Information they collect in order to manage their business and maintain commercial relationships. BCF has developed the present privacy notice (the “Notice”) to govern the processing, notably the collection, use, disclosure, retention, and destruction of Personal Information in compliance with the Privacy Laws.
This Notice describes how BCF processes the Personal Information belonging to a Data Subject.
This Notice also describes the data protection rights from which Data Subjects benefit, including the right to object to some of the processing which BCF carries out. More information about these rights, and how to exercise them, is set out below in detail.
3. NOTICE REQUIREMENTS
This Notice is based on applicable Privacy Laws. Some provisions may exceed regulatory requirements. In such circumstance, BCF has full discretion with respect to their application.
BCF is the responsible controller for the Personal Information it processes and has appointed a Chief Privacy Officer (“CPO”) to oversee BCF’s compliance with the Privacy Laws.
3.1.1 Contact details of responsible controller (BCF):
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 CPO:
Danielle Miller Olofsson
1100 René-Lévesque Blvd West
Montreal, Québec H3B 5C9
T: +1 514 397-4573
3.2 Personal Information BCF collects
BCF collects and processes the following Personal Information:
1.Identity and Contact Data, including your name, address, telephone number, date of birth, marital status, passport number, employment history, educational or professional background, tax status, employee number, job title and function, and other Personal Information 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 you or your organization and BCF, or otherwise voluntarily provided by you or your organization;
4. Information relevant to our legal advice, including Personal Information relevant to any dispute, grievance, investigation, arbitration, or other legal advice we have been asked to provide to our client;
7. Physical Access Data, relating to details of your visits to our premises;
8. Sensitive Personal Information: In the course of our client services, we may represent you and/or your organization in legal matters that require us to collect and use sensitive Personal Information relating to you (that is, information about your racial or ethnic origin, political opinions, religious 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 we represent you in a criminal case, we 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 us to collect sensitive Personal Information, such as if we are advising on whether certain disabilities qualify for social security or tax benefits. Where we process sensitive Personal Information in the course of these and other similar client services, we do so to assist you and your organization to establish, exercise or defend legal claims or to assist you and/or your organization in fulfilling the rights and obligations of applicable employment or social security laws.
If you provide information to us about any person other than yourself, your employees, counterparties, your advisers or your suppliers, you must ensure that they understand how their information will be used, and that they have given their permission for you to disclose it to us and for you to allow us, and our outsourced service providers, to use it.
3.3 Purposes of Collection
BCF collects a Data Subject’s Personal Information to manage its business and to maintain and develop commercial relationships as further described herein. BCF will collect, use, and disclose such information only to the extent that is necessary for those purposes. If BCF is required to use or disclose a Data Subject’s Personal Information for a purpose that differs from the purpose described herein, BCF will obtain the Data Subject’s consent before using or disclosing the Personal Information except in those circumstances set out in Section 3.9 of this Notice.
Purposes for which BCF collects Personal Information are as follows:
(a) To recruit, select, and hire as relevant, the Data Subject concerned;
(b) To conduct, monitor, and analyze BCF’s business or internet site operations;
(c) To ensure the content presented on BCF’s internet site is presented effectively;
(d) To communicate promotional material that the Data Subject has requested and to which the Data Subject 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 BCF’s marketing or continuing legal education programs for example when the Data Subject requires accommodation for events or technical assistance for a webinar;
(f) To protect BCF’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 BCF in complying with legal, accounting or security requirements;
(j) As otherwise permitted by law.
BCF also uses your Personal Information for the following purposes:
(a) To execute any obligations arising from a contract entered into between BCF and the Data Subject or fulfill a contract, or take steps linked to a contract, with you or your organization. This includes:
(i) to register you as a client of BCF;
(ii) to provide and administer legal services or other services or solutions, as instructed by you or your organization;
(iii) to process payments, billing and collection; and
(iv) to process applications for employment.
(b) As required by BCF 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 BCF services;
(ii) to administer and manage our relationship with you, 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 malicious 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 you to keep you 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 you 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 you; and
(xii) To communicate with the Data Subject or to anyone who employs the Data Subject 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 Personal Information you provide about your identity against relevant databases and contacting you to confirm your identity, or making records of our communications with you for compliance purposes.
(d) Where you give us consent:
(i) to communicate with you to keep you 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 you 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 you.
BCF will only provide you with marketing related information after you have, where legally required to do so, opted in to receive those communications and having provided the opportunity for you to opt out at any time.
BCF will not use your Personal Information for taking any automated decisions affecting or creating profiles other than as described above.
BCF will not use Personal Information for a purpose other than for which it was collected except with the Data Subject’s consent unless:
(a) legal, medical or security reasons make it impossible to obtain consent; or
(b) BCF is permitted or required to do so by applicable laws.
3.4 How BCF collects Personal Information
The circumstances in which BCF can collect Personal Information about you include:
(a) when you or your organization seek legal advice from us or use any of our online client services;
(b) when you or your organization offer to provide, or provides, services to us;
(c) when it is provided to us by a third party because you are the subject of, or your data is otherwise included in, legal advice we are asked to provide to that third party client (for example, where we are asked to provide advice in an employment dispute, or where you are the subject of an investigation we are asked to conduct);
(d) when you correspond with us by phone, email or other electronic means, or in writing, or when you provide other information directly to us, including in conversation with our lawyers, consultants and members of BCF’s team;
(e) when you or your organization browse, complete a form or make an enquiry or otherwise interact on our website or other online platforms;
(f) when you attend our seminars or other events or sign up to receive information from us, including training;
(g) when making enquiries about your organization, other organizations with whom you 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 Personal Information
Where BCF needs to collect Personal Information by law or in order to process your instructions or perform a contract we have with you and you fail to provide that data when requested, we may not be able to carry out your instructions or perform the contract we have or are trying to enter into with you. In this case, we may have to cancel our engagement or contract you have with us, but we will notify you if this is the case at the time.
3.6 Limiting Collection
BCF limits the Personal Information it collects to what is necessary for managing its business and maintaining and developing its commercial relationships.
When a Data Subject visits BCF’s internet site or requests a service from BCF, BCF may collect Personal Information or other information related to the Data Subject which the Data Subject chooses to provide. For example, when a Data Subject opens a client file with BCF, registers to receive content or attends an event, completes forms on BCF’s internet site (including information reporting a problem with the internet site), communicates with BCF’s professionals or members of the BCF team, or sends BCF an email, the Data Subject is willingly providing information which could be included in the collection of Personal Information. Depending on the circumstances, this may include Personal Information 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
BCF will collect a Data Subject’s information from third parties, where BCF 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 Data Subject may provide BCF with the Personal Information of individuals other than themselves. The Data Subject agrees to obtain, prior to disclosing such information to BCF, the knowledge and consent of each individual to the disclosure, and to subsequent use by BCF, of such Personal Information, in accordance with this Notice, unless otherwise permitted by law.
In some circumstances, BCF 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 Data Subject’s Personal Information without their knowledge or consent.
Where Personal Information has not been obtained from the Data Subject, BCF provides the Data Subject 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 Personal Information are intended as well as the legal basis for the processing;
(d) the categories of Personal Information concerned;
(e) the recipients or categories of recipients of the Personal Information, if any;
(f) where applicable, BCF’s intention to transfer Personal Information to recipients in other countries, a description of the appropriate or suitable safeguards, put in place to protect such data, and how a Data Subject can obtain a copy of the data or the location where it has been made available;
(g) the period for which the Personal Information 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 BCF or of a third party;
(i) the existence of the right to request from BCF access to and rectification or erasure of Personal Information or restriction of processing concerning the Data Subject 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 Personal Information originates, and if applicable, whether it came from publicly accessible sources.
BCF is not required to notify the Data Subject with the aforementioned information if:
(a) the Data Subject 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 BCF is subject and which provides appropriate measures to protect the Data Subject’s legitimate interests; or
(d) where the Personal Information 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 Data Subject’s Use of the Site
BCF’s email marketing communications may contain a single, campaign-unique “web beacon pixel” to tell BCF whether its emails are opened and combined with other technologies verify any clicks through to links within the email. BCF may use this information for purposes including determining which of its emails is more interesting to a Data Subject and to query whether users who do not open BCF emails wish to continue receiving them. The pixel will be deleted when a Data Subject deletes the email. If a Data Subject does not wish the pixel to be downloaded to their device, through their email client, they can opt not to download images from BCF.
You may also choose not to click links in the email marketing communications that BCF sends you. This information may be connected to a Data Subject’s personal identity.
3.8.2 Social Media Widgets
3.8.3 Links to Third-Party Sites
BCF’s internet site includes links to other internet sites, the privacy practices of which may differ from those of BCF. If a Data Subject submits Personal Information to any of those internet sites, their information is governed by the privacy policies of those internet sites and BCF 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 you may access through BCF’s internet site before submitting Personal Information to them.
3.9 Disclosure and Retention
3.9.1 Disclosure of your Personal Information
BCF shares your Personal Information only in the following circumstances:
(i) with our affiliated entities for the purposes of providing you with our services as described in this Privacy Notice;
(ii) with third parties including certain service providers we have retained in connection with the legal services we 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 we have collected your Personal Information in the course of providing legal services to any of our clients, we 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 us 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 Personal Information 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 we engage within or outside of BCF, domestically or abroad, e.g. shared service centres, to process Personal Information for any of the purposes listed above on our behalf and in accordance with our instructions only;
(viii) if we sell or buy any business or assets, in which case we may disclose your Personal Information to the prospective seller or buyer of such business or assets to whom we assign or novate any of our rights and obligations.
3.9.2 Collection, Use, Disclosure and Storage Outside of Canada
BCF, its third-party service providers and other third parties to whom BCF discloses information under the Notice may perform activities outside of Canada. Any Data Subject’s Personal Information 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, Personal Information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement officials in countries outside of Canada.
A Data Subject may seek additional information regarding the collection, use, disclosure or storage of their Personal Information outside of Canada by contacting BCF’s CPO at the contact details found in 3.1.2 above.
BCF will not retain Personal Information 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 BCF 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 Personal Information involved, BCF invites concerned Data Subjects to contact BCF’s CPO for any inquiries pertaining specifically to them.
Upon expiry of the applicable retention period we will securely destroy your Personal Information in accordance with applicable laws and regulations and with BCF’s Document Retention Policy.
BCF uses reasonable efforts to ensure that a Data Subject’s Personal Information is kept as accurate, complete and up-to-date as possible. BCF will not routinely update a Data Subject’s Personal Information, unless such a process is necessary. In order to help BCF maintain and ensure that a Data Subject’s Personal Information is accurate and up to date, a Data Subject must inform BCF, without delay, of any change in the information they provided to BCF.
BCF is committed to protecting the confidentiality, integrity, availability and privacy of a Data Subject’s Personal Information. BCF 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 BCF does its best to protect a Data Subject’s Personal Information, BCF cannot guarantee the security of data transmitted to our internet site. Any transmission a Data Subject provides is at their own risk. Once we have received a Data Subject’s information, we will apply our security practices to try to prevent unauthorized access, use and/or disclosure.
BCF may store and process a Data Subject’s Personal Information at BCF’s offices in Montreal or Québec city. BCF 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
BCF is committed to being transparent about its policies and invites Data Subjects to contact the CPO with any questions they may have or to visit BCF’s website.
3.13 Your rights
3.13.1 You have various rights with respect to our use of your Personal Information, these include:
(a) Access: You have the right to request a copy of the Personal Information that we hold about you. There are exceptions to this right, so that access may be denied if, for example, making the information available to you would reveal Personal Information about another person, or if we are legally prevented from disclosing such information. You are entitled to see the Personal Information held about you. If you wish to do this, please contact us using the contact details provided at 3.1.1.
(b) Accuracy: We aim to keep your Personal Information accurate, current, and complete. We encourage you to contact us using our contact form to let us know if any of your Personal Information is not accurate or changes, so that we can keep your Personal Information up-to-date.
(c) Objection: In certain circumstances, you also have the right to object to processing of your Personal Information and to ask us to block, erase and restrict your Personal Information. If you would like us to stop using your Personal Information, please contact us using our contact form.
(d) Right to restriction: You have the right to obtain from BCF the restriction of processing in some circumstances.
(e) Portability: You have the right to request that some of your Personal Information be provided to you, or to another data controller, in a commonly used, machine-readable format.
(f) Erasure: You have the right to erase your Personal Information when the Personal Information is no longer necessary for the purposes for which it was collected, or when, among other things, your Personal Information has been unlawfully processed.
(g) Complaints: If you believe that your data protection rights may have been breached, you 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 CPO or using our contact form.
3.13.2 Access to Information
Data Subjects may enquire about their Personal Information by contacting the CPO or making a request to view their information at firstname.lastname@example.org.
BCF will generally respond to all access requests within 28 days of the receipt of all necessary information. In circumstances where BCF may not be able to provide access, or if additional time is required to fulfill a request, BCF will advise the Data Subject in writing.
BCF may not release certain types of information to Data Subjects based upon exemptions specified in applicable laws (e.g., where BCF 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, BCF will sever the information that will not be disclosed and provide the Data Subject with access to the remaining information. Should BCF be unable to provide access or disclose Personal Information to the Data Subject, BCF will provide the Data Subject with an explanation, subject to restrictions.
In certain circumstance, such as where the request is excessive or unfounded, BCF may charge the Data Subject an administration fee for access to his/her Personal Information, BCF may also charge for additional copies. BCF will advise the Data Subject 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 CPO.
3.13.3 Right to Withdraw Consent
If you have provided your consent to the collection, processing or transfer of your Personal Information, you 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 you or contact the CPO or use our contact form.
Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there is another legal ground for the processing. Withdrawal of consent to receive marketing communications will not affect the processing of Personal Information for the provision of our legal services.
3.14 Resolving Concerns
Any report, concern, complaint or incident of which BCF becomes aware that involves conduct that may contravene the Notice 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
BCF takes all potential or actual privacy breaches seriously.
Data Subjects may report their concerns about the collection, use, disclosure, retention or destruction of their Personal Information directly to BCF’s CPO.
The CPO will engage the appropriate levels of management to assist with a resolution of the issue.
3.14.2 Alternative Actions
While BCF is committed to resolving all privacy matters internally, nothing in the Notice preludes a Data Subject from contacting the appropriate federal or provincial privacy commissioner.
3.14.3 Prohibition Against Retaliation
BCF will not retaliate against a Data Subject who, in good faith and on the basis of reasonable belief, raises questions or concerns regarding their privacy.
4.MONITORING/ OVERSIGHT MECHANISM
The BCF Data Protection Committee (“DPC”) 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
BCF is responsible for communicating this Notice and ensuring that members of the BCF team fully comply with all relevant aspects of this Notice and the accompanying guidelines.
5.1 Business and Infrastructure Units
Business or infrastructure units that collect, use, or disclose Data Subjects’ Personal Information, other than as required, are responsible for ensuring that these activities comply with the Notice. This includes addressing requirements for the collection, use, disclosure, retention, and destruction of Personal Information.
5.2 BCF Chief Privacy Officer (CPO)
BCF’s CPO is responsible for overseeing BCF’s DPC, which manages BCF’s privacy-related risks and supports the protection of privacy and confidentiality of all Data Subjects Personal Information. The CPO provides support through the DPC Incident Reporting and Escalation Procedures and general awareness and education. The CPO serves as BCF’s official liaison with the federal and provincial Privacy Commissioners.
The DPC is responsible for providing legal advice and direction to the CPO, 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.
BCF 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.
Privacy Laws continues to evolve and, as a result, this Policy may be amended by BCF from time to time at BCF’s full discretion without any prior notice or liability to a Data Subject or any other person. The collection, use and disclosure of a Data Subject’s Personal Information by BCF will be governed by the version of this Policy in effect at that time.
“Data Subject” or “you” means an identified or identifiable individual on whom BCF collects Personal Information. It includes, but is not limited to, clients of BCF, employees of clients, past, present or future members of the BCF team, visitors to BCF’s internet site, supplier and sub-contractor.
“Personal Information” means any information relating to an identified or identifiable natural person but excludes any information that is not considered as such by Privacy Laws.
“Privacy Laws” means the Act Respecting the Protection of Personal Information in the Private Sector S.Q. P-39.1 and the Personal Information Protection and Electronic Documents Act, S.C. 2000, C.5 and their respective regulations interpretation bulletins, notices, and decisions from their enforcement bodies.
“BCF” means BCF Capital LLP, BCF LLP, Corporation BCF Inc., BCF Global S.A.S., and their affiliated entities.
“we” means BCF Capital LLP, BCF LLP, Corporation BCF Inc., BCF Global S.A.S., and their affiliated entities.
“us” means BCF Capital LLP, BCF LLP, Corporation BCF Inc., BCF Global S.A.S., and their affiliated entities.
“Notice” means BCF’s Privacy Notice.
“CPO” means BCF’s Chief Privacy Officer.
“DPC” means BCF’s Data Protection Committee.