LEGAL NOTICE AND USER AGREEMENT

THIS INTERNET SITE AND ITS CONTENT (the “Site”) ARE THE PROPERTY OF GASCON ET ASSOCIÉS S.E.N.C.R.L. (“Gascon”) AND MAY NOT BE COPIED, REPRODUCED, PUBLISHED, DOWNLOADED, DISPLAYED, TRANSMITTED, DISTRIBUTED OR USED WITHOUT THE PRIOR WRITTEN AUTHORIZATION OF GASCON.
BY ACCESSING AND USING THIS SITE, THE USER AGREES TO BE BOUND BY THIS TERMS OF USE AGREEMENT AND UNDERSTANDS AND AGREES TO COMPLY WITH ALL OF THE TERMS OF USE SET FORTH BELOW.

Copyrights and trademarks

All information on the Site is protected under copyright laws. Users of this Site are not authorized to copy its contents for any purpose whatsoever, whether personal or professional. It is strictly forbidden to redistribute, reproduce, publish, store in any medium, retransmit or modify the information it contains without the written authorization of Gascon.

All trademarks and logos (including names, words, slogans, titles, designs, illustrations and icons) appearing on this Site are trademarks of Gascon. Any use of these is strictly forbidden without the prior written authorization of Gascon. The unauthorized downloading, retransmission, copying or modification of any trademark, service mark or content, in whole or in part, from this Site constitutes a violation of applicable copyright and trademark laws, and may subject the violator to legal action.

Gascon expressly forbids the use of its logos as external links to any other website without its prior written authorization. Nothing contained on the Site or elsewhere shall be construed as granting, by implication or otherwise, any license or right to use any Gascon Intellectual Property.

Limitation of liability

Use and browsing of the Website is at your own risk. If you are dissatisfied with the information contained on the Web site or with these terms and conditions, your sole remedy is to discontinue accessing and using the Web site.

Gascon, its directors, officers, employees or third parties shall not be liable to any person or entity for any harm, loss or damage, direct, indirect, consequential or otherwise, which may arise directly or indirectly from access to or use of, or inability to use, this website or the information contained therein, or from any failure in performance of this website, including any direct, indirect, special or third party damages.

Gascon is not responsible for the acts, omissions or conduct of any user or third party.

Accessibility and technical failures of the Site

Gascon does not warrant that this Site will be available or that access thereto will be uninterrupted, that there will be no delays, failures, errors, omissions or loss of transmitted information, that no viruses or other contaminating properties will be transmitted or that no damage will occur to your computer system, even if all reasonable precautions are taken for its maintenance.

Gascon disclaims all liability for any damages resulting from the use of the Site. This express disclaimer includes damage caused by viruses, or any other computer software or anomaly that may infect, harm or damage your computer hardware, software, memory or any other property belonging to you or to another person, after you have accessed, used or browsed this Site.

It is strictly forbidden to send, publish or otherwise transmit any content or material containing viruses or that may cause interruption, damage or limit the functionality of the Site or servers connected to the Site. You also agree not to conduct yourself in a derogatory manner or use the Gascon site for any unlawful, illegal, obscene, defamatory, discriminatory or otherwise harmful or objectionable purpose.

Legal advice

The information available on the Site and its content are for informational purposes only and should not be construed as legal advice or opinions of any kind. Also, the information received from Gascon via the Site is in no way confidential. As a result, no solicitor-client relationship is created by submissions by the user and their eventual receipt by Gascon.

Disclaimer of liability

The Site and the Information, as well as any communication relating thereto, are provided without any representation or warranty, express or implied, of any kind, including, but not limited to, any warranty of merchantability or fitness for a particular purpose.

The information provided on the Site may lend itself to different uses in any circumstance or application and therefore cannot be interpreted as being applicable to your personal situation. By using this Site, you agree that you are solely responsible for the use of any such information, advice, statements or data provided and that you do so at your own risk.

Disclaimer for links to other websites

Links to other websites or references to products, services and publications other than those of Gascon are provided solely as a convenience to users and do not imply the endorsement or guarantee by Gascon of such websites, their content or their privacy policies. These sites were developed independently of Gascon and we cannot vouch for the accuracy, completeness or authenticity of their content and functionality. Linking to any other site is at your sole risk and Gascon is not responsible or liable for any damages in connection with linking.

The provisions set forth in the “Limitation of Liability” and “Disclaimer” sections of this Agreement apply, with necessary modifications, to your access to and use of other sites, their products, services and content.

Applicable laws

This Site shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, without giving effect to any principles of conflicts of law. Users who choose to access the Site from other countries do so on their own initiative and are responsible for compliance with local laws. Accordingly, the courts of the Province of Quebec, Canada, in the City of Montreal shall have exclusive jurisdiction over any suit, action or proceeding arising out of or relating to the use of this site. You hereby irrevocably submit and attorn to the original and exclusive jurisdiction of such courts in respect of any such dispute. If any provision hereof shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Update

This notice may be updated and modified without notice at Gascon’s sole discretion. Consequently, it is the user’s responsibility to be aware of the terms of this agreement when accessing the Site. No user of or visitor to the Site may modify this Agreement and/or add new provisions to it in any way whatsoever.

Full agreement

This User Agreement, together with any documents expressly referred to herein, constitutes the entire agreement between you and Gascon relating to the subject matter hereof.

PRIVACY AND ACCESS TO INFORMATION

With respect to the protection of personal information, Gascon is subject to the provisions of the Act respecting the protection of personal information in the private sector (RLRQ c.P-39.1) (the ” Act “), which was amended in September 2022.

Personal information protection policy adopted within the framework of the Act respecting the protection of personal information in the private sector RLRQ c. P39

  1. WHAT ARE THE OBJECTIVES OF THE PRIVACY POLICY?

At Gascon & Associés S.E.N.C.R.L. (“Gascon” or “we”), protecting your privacy is very important to us and our customers’ trust is our top priority. This Privacy Policy (hereinafter referred to as the “Policy“) has been prepared to affirm our commitment to protecting the confidentiality of the information we hold about our customers and to inform you of our practices regarding the collection, use, disclosure, retention and destruction of the personal information you provide to us and that we hold about you. The Policy applies whenever you communicate personal information to us, whether in a verbal or written exchange or through information transmitted via our website https://www.gascon.ca and its content (the ” Site “).

The purpose of publishing this Policy is to inform people about the means we have put in place to ensure the protection of personal information in accordance with the provisions of the Act respecting the protection of personal information in the private sector (the “Act“).

This means, among other things, that :

  • we clearly indicate the purposes for which we process personal data;
  • we aim to limit our collection of personal data to that which is necessary for legitimate purposes;
  • we first ask for your explicit consent to process your personal data in cases requiring your consent;
  • we take appropriate security measures to protect your personal data, and we require the same of parties processing personal data on our behalf;
  • we respect your right to consult, correct or delete your personal data if you so request.

If you have any questions or would like to know exactly what data we hold, please contact us (see section 12 of this Policy for contact details).

By using our Site, you consent to the terms of this Policy and to the processing of your personal information in accordance with the standards set forth herein.

  1. WHAT OBLIGATIONS DO OUR PROFESSIONALS HAVE TO IDENTIFY AND VERIFY YOUR DATA?

As an office of lawyers and notaries, Gascon has additional client identification obligations imposed by the Barreau du Québec, the Chambre des notaires and other organizations that regulate the legal profession. In order to meet these legal requirements, when a new customer account is opened, we must collect information relating to the customer’s identity, as well as information enabling the identification of contact persons. This information includes, but is not limited to, the company name, corporate structure and the nature of the company’s activities to the extent required by law. For these same companies or organizations, we must also obtain the name, position, address and telephone number of the persons authorized to give instructions relating to the mandate or service contract. When you retain our services as an individual, we must obtain your contact information, your occupation and a copy of a valid photo ID, such as your passport, driver’s license or health insurance card, at the time the customer account is opened.

This obligation includes taking all necessary steps to verify your identity based on documents, data or information from reliable and independent sources. This information is kept in your customer file, in compliance with the various legal requirements.

Of course, these rules are further framed by the exceptions provided for in the legislation. As previously mentioned, this Policy deals with the provisions of the Act.

  1. WHAT ARE OUR RESPONSIBILITIES AND COMMITMENTS?

Gascon is responsible for protecting the personal information you provide to us. We have designated a person within the firm responsible for ensuring compliance with privacy legislation, implementing the Policy and the administrative procedures recommended to protect personal information, and receiving and responding promptly to all customer complaints. We ensure the ongoing training of our staff and their compliance with the Policy and the administrative policies and procedures relating to the protection of personal information. If you have any questions about this policy or wish to speak with the designated person, we invite you to contact us (see section 12 of this policy for contact information).

  1. WHAT INFORMATION DO WE COLLECT AND FOR WHAT PURPOSES?

Collection :

Gascon undertakes to collect from you, in an honest and lawful manner, any personal information required and/or useful in the performance of its mandate, such as :

  • your last name, first name, postal address, e-mail address, telephone number, job title, financial information and bank details, credit card number;
  • information and statistics on your visits and technological tracking cookies relating to the use of our Site;
  • other identification and verification information such as a copy of your passport or driver’s license;
  • information obtained in the context of the mandates you entrust to us and the services we provide;
  • data related to the recruitment of our members, notably those contained in the curricula vitae we receive;
  • data from public sources such as the Business Register, docket information, Quebec Data, social media, data from the Office of the Superintendent of Bankruptcy.

Gascon only collects personal information that is necessary for the following purposes:

  1. establish and maintain business and professional relationships;
  2. provide legal advice and services;
  3. meet our legal, ethical and other obligations;
  4. avoid conflicts of interest;
  5. communicate with you and with third parties within the framework of the mandates entrusted to us;
  6. open a customer account to respect our obligations and our code of ethics;
  7. understand your needs and expectations;
  8. answer your questions about your account and files;
  9. meet legal and regulatory requirements for the protection of personal information;
  10. offer advice and services tailored to your needs;
  11. develop, improve, market and promote our services;
  12. send, by mail, e-mail, text message or any other means of communication, our publications, invitations and other communications of an informative nature;
  13. develop and manage our databases and administration systems;
  14. issue invoices, administer accounts, process payments and collect debts;
  15. for recruitment and assessment purposes;
  16. for risk management, fraud prevention or other legal purposes.

Should we need to collect personal information for purposes other than those identified above, we undertake to notify the persons concerned in advance and to obtain the necessary authorizations for the collection, use and disclosure of such personal information, as the case may be.

Our Site is not designed for children and it is not our intention to collect personal data from children under the age of consent in their country of residence. We therefore ask children under the age of consent and their guardians or legal representatives not to send us any personal data unless it is required for a specific mandate.

From and and disclosure :

Gascon uses your personal information only for the primary and legitimate purpose for which it was collected or for purposes consistent with that purpose. Gascon uses and discloses personal information about its customers only for the purposes identified above and only with their consent, except as permitted by law. Gascon may, where required by applicable law and for the proper operation of its business, disclose your personal information on a confidential basis to, but not limited to, the following persons:

  • third-party service providers or partners who provide us with website services, hosting, maintenance or other related services. For example, Gascon may provide certain personal information or allow such third parties to process personal information in connection with the services they provide to us. This access is of course limited to what is reasonably necessary for the provision of their services in order to perform their duties;
  • government authorities or agencies when required by law. Gascon may disclose personal information when required by law, in response to a court order or to cooperate with government authorities in the enforcement of the law;
  • Organizations or companies retained by Gascon to evaluate your creditworthiness, to collect existing debts on an account or to perform due diligence;
  • regulatory bodies relating to Gascon’s professional obligations and the practice of the profession of lawyer, notary or for any other purpose permitted or required by applicable law.

These third parties are bound by the same confidentiality obligations and must protect your personal information in accordance with the law. Finally, Gascon may share your personal information with its professional advisors (legal, financial, business, bankers, insurers, insurance brokers and auditors) as necessary to carry out the given mandate. As part of its mandates, Gascon may, for example, provide access to certain information to notaries who perform deeds and receive signatures, or to translators commissioned to translate documents relating to a transaction.

  1. WHAT ARE OUR OBLIGATIONS WITH REGARD TO OBTAINING YOUR CONSENT?

Whether through this Policy, our Site or our employees, Gascon will make its customers aware of the purposes for which personal information is collected, used and disclosed. By providing personal information to Gascon, you authorize us to collect, use, disclose and retain such personal information in accordance with the purposes set out in this Policy.

By filling out our publications registration form, you agree to receive our publications, newsletters and invitations to conferences and other activities organized by Gascon by e-mail. At your request, we will stop sending you information for marketing purposes.

You may refuse or withdraw your consent to the collection, use, disclosure or retention of your personal information at any time by contacting us (see section 12 of this Policy for contact information). We reserve the right to refuse certain requests in accordance with applicable laws. Please note that withdrawing your consent may require us to cease representing you and prevent us from providing you with the legal services and advice you require.

  1. WHAT ARE GASCON’S OBLIGATIONS REGARDING THE RETENTION AND DESTRUCTION OF YOUR PERSONAL INFORMATION?

Personal information is retained by Gascon only as long as necessary for the fulfillment of those purposes. Gascon reserves the right to close completed files or accounts that have been inactive for more than twelve (12) months. When a file is completed or an account is closed, the personal information relating to that file or account is archived for audit purposes and destroyed after seven (7) years.

  1. HOW DO WE USE COOKIES?

Our Site uses cookies and other related technologies. Cookies are also placed by third parties engaged by us. This Policy informs you about the use of cookies on our Site. We have entered into agreements with other companies setting cookies. However, we cannot guarantee that these third parties will protect your personal data in a reliable or secure manner. Some parties, such as Google, must be considered as independent data controllers. We recommend that you read the privacy statements of these companies.

Please also refer to the Appendix attached to this Policy for further information on Gascon’s use of cookies.

From different types of cookies

Some cookies ensure that certain parts of the Site function correctly and that your user preferences are taken into account. By setting functional cookies, we make it easier for you to visit our site, since this tool means you don’t have to re-enter the same information each time you visit. We use statistical cookies to optimize users’ experience of our Site and to obtain information about how it is used. Marketing/tracking cookies are cookies or any other form of local storage, used to create user profiles in order to display advertising or to track the user on this website or on several websites for similar marketing purposes.

From consent

When you visit our Site for the first time, we will display a pop-up window with an explanation about cookies. By clicking “Accept”, you consent to our use of all cookies and extensions as described in the pop-up window and this cookie policy. You can disable the use of cookies via your browser, but please note that our Site may no longer function correctly.

Our Site responds to and supports the Do Not Track (DNT) HTTP request header. If you enable DNT in your browser, these preferences are communicated to us in the HTTP request header, and we do not track your browsing behavior.

From settings Cookies

You can use your web browser to delete cookies automatically or manually. You can also specify that certain cookies should not be set. Another option is to change your browser settings so that you receive a message each time a cookie is set. For more information about these options, please refer to the instructions in your browser’s Help section. Or you can indicate your preferences on the following page: youradchoices.ca

Please note that our Site may not function properly if all cookies are disabled. If you delete cookies from your browser, they will be placed again with your consent when you visit our Site again.

  1. WHAT SAFETY MEASURES ARE IN PLACE?

Considering the importance of protecting privacy, we have implemented security measures appropriate to the sensitivity of the personal information we hold. Gascon follows generally accepted industry standards to protect the information submitted to us throughout its life cycle. Gascon maintains appropriate physical, technical and administrative safeguards to protect personal information against accidental or unlawful destruction or loss, alteration, disclosure, misuse or other unlawful forms of processing of personal information in its possession.

Personal information on electronic media is protected by technical and technological means, such as passwords, firewalls, antivirus software and other protective software, as well as by encryption of certain data, thus preventing loss, theft, unwanted intrusions, misuse, unauthorized modifications and malicious attacks. We ensure that these servers are kept in a secure environment, and the IT infrastructure is managed by specialists who ensure data protection. All Gascon employees are trained and made aware of the importance of protecting the confidentiality of personal information.

However, we cannot ensure the protection of personal information that you provide to a third party, for example, through e-mail, the DocuSign platform or hyperlinks from our Site, as these sites are owned and operated by independent third parties. These sites have their own privacy and protection policies that are beyond our control. Any information you provide to these third parties will be governed by their own privacy policies, if any. Gascon assumes no responsibility or liability whatsoever for the practices, actions or policies of such third parties.

  1. WHAT ARE YOUR RIGHTS REGARDING YOUR PERSONAL INFORMATION?

You have a number of rights with respect to your personal information. Thus, in certain circumstances and in accordance with applicable laws, you have the following rights:

  • request access to your personal data processed by us;
  • request an overview, in a commonly used format, of the data we process about you;
  • request correction or deletion of data if incorrect or outdated. Where appropriate, modified information will be passed on to third parties with access to the information in question;
  • withdraw your consent at any time, subject to contractual or legal restrictions and reasonable notice. You will be informed of the implications of such a withdrawal;
  • notify us of any objections concerning non-compliance with the Act and, if the problem remains unresolved, contact the Office of the Privacy Commissioner of Canada.

To exercise your rights, you must send us a written request or contact us by telephone (see section 12 of this Policy for contact information), providing us with sufficient information to clearly identify you and inform you of the existence, use and disclosure of the personal information we hold about you. Gascon will review the written request within thirty (30) days of receipt. This period may be extended by an additional thirty (30) days by written notice. There is no charge for processing such a request, unless it requires additional resources. Gascon reserves the right to refuse any request within the time allotted to respond, in accordance with applicable privacy laws. Where appropriate, reasons will be given for any refusal, and the person concerned will be informed of the remedies available under the law.

Once your identity has been validated and your request processed, we will provide access to personal information in an alternative format to any individual with a sensory disability and the right to access personal information under the Act, in the event that the individual requests that it be provided in this alternative format if (a) a version of the information already exists in this format, or (b) their conversion to this format is reasonable and necessary in order for the individual to exercise his or her rights.

  1. COMPLAINT PROCEDURE

If you have a complaint regarding Gascon’s application of this Policy, you may submit it to Gascon’s General Management by telephone (514-879-2080) or by e-mail (aiprp@gascon.ca). Gascon will investigate and respond to your complaint within the time limits set out in Section 9 of the Policy. If your complaint is justified, we will make the necessary corrections.

  1. UPDATES TO THIS POLICY

We reserve the right to change our Policy. We recommend that you consult it regularly for any changes. We’ll also keep you actively informed, wherever possible.

Any changes to this Policy will be made in accordance with applicable laws. Your continued provision of personal information or use of our Site following the posting of changes to this Policy constitutes your acceptance of such changes.

  1. HOW TO CONTACT US

If you have any questions or comments about this Policy or if you would like to inform us of your personal information preferences, you may contact :

General Management of Gascon
1100, boul.
West, Suite 700
Montréal, Québec H3B 4N4

514-879-2080
aiprp@gascon.ca

We will attempt to respond to your written request within thirty (30) days of receipt.

APPENDIX

WPML

WPML uses cookies to identify the visitor’s current language, the language last consulted and the language of users who have logged on.

When you use the plugin, WPML will share data about the site through Installer. No data relating directly to the user will be shared.

WPML Translation Management

WPML Translation Management will send the e-mail address and name of each assigned manager and translator, as well as the content itself, to the Advanced Translation Editor and the translation services used.

WPML String Translation

WPML String Translation will send all strings to WPML’s Advanced Translation Editor and to the translation services used.

Complianz | The Privacy Suite for WordPress

This website uses Complianz’s Privacy Suite for WordPress to collect and store consent based on browser and device. For this functionality, your IP address is anonymized and stored in our database. This service does not process any personally identifiable information and does not share any data with the service provider. For further information, please consult the Complianz Privacy Statement.

Akismet

We collect information about visitors who comment on sites that use our Akismet Anti-spam service. The information we collect depends on how the user configures Akismet for the site, but generally includes the commenter’s IP address, user agent, originating site and site URL (as well as other information directly provided by the commenter such as name, username, email address and the comment itself).

The following categories of data are collected

  • An e-mail address
  • A telephone number
  • A first and last name
  • Professional or job-related information
  • Career path

Shelf life

We keep this data until the end of the service.

2. DISCLOSURE PRACTICES

We disclose personal information if we are required to do so by law or court order, in response to a law enforcement agency, to the extent permitted by other provisions of law, to provide information, or for the investigation of a matter related to public safety.

If our website or organization is taken over, sold or involved in a merger or acquisition, your data may be disclosed to our advisors and any potential buyer and will be passed on to the new owners.

3. HOW WE RESPOND TO DO NOT TRACK REQUESTS & GLOBAL PRIVACY CONTROL

Our website responds to and supports the Do Not Track (DNT) HTTP request header. If you enable DNT in your browser, these preferences are communicated to us in the HTTP request header, and we do not track your browsing behavior.

4. COOKIES

Our website uses cookies. For more information on cookies, please refer to our Cookie Policy on our Cookie Policy (CA) page.

We have concluded a data processing agreement with Google.

Google may not use the data for any other Google services.

The inclusion of complete IP addresses is blocked by us.

5. SAFETY

We are committed to the security of personal data. We take appropriate security measures to limit misuse and unauthorized access to personal data. This ensures that only the necessary people have access to your data, that access to data is protected and that our security measures are regularly reviewed.

6. THIRD PARTY WEBSITES

This privacy statement does not apply to third-party websites linked to our website. We cannot guarantee that these third parties will manage your personal data in a reliable or secure manner. We recommend that you read the privacy statements of these websites before using them.

7. CHANGES TO THIS PRIVACY STATEMENT

We reserve the right to modify this privacy statement. We recommend that you consult this privacy statement regularly to take note of any changes. We will also keep you actively informed wherever possible.

8. ACCESS AND MODIFY YOUR DATA

If you have any questions, or if you would like to know what personal data we store about you, please contact us. Please ensure that you always clearly identify yourself, so that we can be sure that we are not modifying or deleting the data of the wrong person. We will only provide requested information upon receipt of a request from a verifiable consumer. You can contact us using the information below.

8.1 You have the following rights regarding your personal data

  1. You can send a request for access to the data we process about you.
  2. You can request an overview, in a commonly used format, of the data we process about you.
  3. You can ask for your data to be corrected or deleted if it is incorrect or no longer relevant. Where appropriate, modified information will be passed on to third parties with access to the information in question.
  4. You have the right to withdraw your consent at any time, subject to contractual or legal restrictions and reasonable notice. You will be informed of the implications of such a withdrawal.
  5. You have the right to object to our organization’s failure to comply with PIPEDA and, if the matter remains unresolved, to the Office of the Privacy Commissioner of Canada.
  6. We will provide access to personal information in an alternative format to any individual with a sensory disability and the right to access personal information under the GDPR, should the individual request that it be provided in this alternative format if (a) a version of the information already exists in this format; or (b) their conversion to this format is reasonable and necessary in order for the individual to exercise his or her rights.

9. CHILDREN

Our website is not designed for children and it is not our intention to collect personal data from children under the age of consent in their country of residence. We therefore ask children under the age of consent not to send us any personal data.

10. COORDINATES

Gascon & Associés S.E.N.C.R.L.
1100, boul.
West, Suite 700
Montréal (Québec) H3B 4N4
Canada
Website: https://www.gascon.ca
E-mail: aiprp@gascon.ca

Telephone number: 514 879-5606

We have appointed a person to contact about the organization’s policies and practices, and to whom any complaints or inquiries can be forwarded:
Ms. Karine Blais, General Manager
1100, boul. West, Suite 700
Montreal, Quebec H3B 4N4

APPENDIX WPML

WPML uses cookies to identify the visitor’s current language, the language last consulted and the language of users who have logged on.

When you use the plugin, WPML will share data about the site through Installer. No data relating directly to the user will be shared.

WPML TRANSLATION MANAGEMENT

WPML Translation Management will send the e-mail address and name of each assigned manager and translator, as well as the content itself, to the Advanced Translation Editor and the translation services used.

WPML STRING TRANSLATION

WPML String Translation will send all strings to WPML’s Advanced Translation Editor and to the translation services used.

COMPLIANZ | THE PRIVACY SUITE FOR WORDPRESS

This website uses Complianz’s Privacy Suite for WordPress to collect and store consent based on browser and device. For this functionality, your IP address is anonymized and stored in our database. This service does not process any personally identifiable information and does not share any data with the service provider. For further information, please consult the Complianz Privacy Statement.

AKISMET

We collect information about visitors who comment on sites that use our Akismet Anti-spam service. The information we collect depends on how the user configures Akismet for the site, but generally includes the commenter’s IP address, user agent, referrer and site URL (as well as other information directly provided by the commenter such as name, username, e-mail address). address and the comment itself).

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