LEGAL NOTICE AND USAGE AGREEMENT

THIS WEBSITE AND ITS CONTENT (the “Website”) IS THE PROPERTY OF GASCON & ASSOCIATES L.L.P. (“Gascon”) AND CANNOT BE COPIED, REPRODUCED, REPUBLISHED, DOWNLOADED, TRANSMITTED, DISTRIBUTED OR USED WITHOUT THE PRIOR WRITTEN CONSENT OF GASCON. BY ACCESSING AND USING THIS WEBSITE, THE USER AGREES TO BE BOUND BY THE PROVISIONS OF THE PRESENT LEGAL NOTICE AND USAGE AGREEMENT AND ACKNOWLEDGES AND AGREES TO COMPLY WITH ALL OF THE FOLLOWING TERMS OF USE.

Intellectual Property

All information on this Website is protected by copyright laws. Users of this Website are not authorized to copy its content for any purpose whatsoever, whether for personal or professional use. It is strictly prohibited to redistribute, reproduce, publish, store in any medium, retransmit, or modify the information on this Website without the prior written authorization of Gascon.

All trademarks and logos (including names, words, titles, drawings, illustrations and icons) appearing on this Website are trademarks of Gascon. Any use of these trademarks and logos without the prior written authorization of Gascon is strictly forbidden. Any unauthorized downloading, retransmission, copying or modification of trademarks, service marks or the content of this Website, in whole or in part, is a violation of applicable trademark and/or copyright laws and may result in legal action.

Gascon prohibits the use of its logos as hyperlinks to any other websites without its prior written authorization. No mention on the Website or elsewhere shall be construed as granting, by implication or otherwise, a license or right to use Gascon’s intellectual property.

Limitation of liability

The use and navigation of the Website is at your own risk. If you are not satisfied with the information contained in the Website or these terms and conditions, your sole recourse is to cease accessing and using the Website.

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

Gascon cannot be held responsible for the acts, omissions or behaviours perpetrated by any user or third party.

Accessibility and technical failure of the Website

Although all standard precautions are taken in maintaining the Website, Gascon does not warrant that the Website will be available, nor does it warrant that access will not be interrupted, or that there will be no delays, failures, errors, omissions or losses of transmitted information, or that no viruses or other contaminating components will be transmitted, or that no damage will occur to your computer system.

Gascon refuses all responsibility for any damage resulting from the use of the Website. This explicit disclaimer includes any damage caused by viruses, or any other computer software or anomaly that may infect, harm or damage the hardware of your computer, phone or tablet, as well as their software, memory or any other property belonging to others or to yourself, after accessing, browsing or using the Website.

It is strictly forbidden to send, publish or otherwise transmit any content or material containing viruses or that can cause an interruption, damage or limit the functionality of the Website or servers connected to the Website. You agree not to conduct yourself in a disagreeable fashion and not to use the Website for any illicit, illegal or prejudicial purpose.

Legal counsel

The content of this Website is provided solely for informational purposes and is not intended to be legal advice or an opinion of any kind. As such, external information received by Gascon via this Website, irrespective of the form in which it is provided, is not confidential and its sending by the user and receipt by Gascon does not create a solicitor-client relationship.

Non-responsibility

The Website, as well as any information related hereto, are provided without any representation, statement or warranty, express or implied, of any nature whatsoever, including, without limitation, any warranty as to exactness, completeness, reliability, availability or applicability for a particular purpose.

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

No liability for links to other websites

Links to other websites or references to products, services or publications, other than those of Gascon, are provided only for the convenience of the user, and the inclusion of such links or references on this Website does not imply an endorsement by Gascon of such websites and their content or acceptance by Gascon of any liability whatsoever for the content or the use of such websites. Such websites have been developed independently of Gascon and Gascon cannot vouch for the accuracy, completeness or authenticity of the content or functionality of any such websites. Access to any other websites through such links is at your sole risk, and Gascon will not be responsible or liable for any damage in connection with any such access.

The provisions set out under the headings “Limitation of liability” and “Non-responsibility” of this Legal Notice and Usage Agreement apply, with necessary modifications, to your access to other websites and services and their use.

Governing law

This Website is governed by the laws in force in the Province of Québec, Canada, and is subject to the application of these laws, without giving effect to any conflict-of-law principles. Any user who chooses to access this Website from another country does so on his own initiative and is responsible for complying with local laws. Accordingly, the courts of the Province of Québec, Canada, in the City of Montréal shall have exclusive jurisdiction over any suit, action or proceeding arising out of or in connection with this Website. You hereby irrevocably acknowledge the exclusive competence of these courts with respect to any dispute. If any provision of these terms and conditions is illegal, void, or for any reason whatsoever unenforceable, then the provision will be considered separate from these terms and conditions and will not affect the validity or enforceability of the remaining provisions.

Changes to the terms and conditions

The present legal notice may be updated and modified without prior notice and at the entire discretion of Gascon. Accordingly, it is the user’s responsibility to review these terms of use when accessing this Website. No user or visitor to the Website may modify the terms hereof.

Entire agreement

These terms and conditions, and any document to which it is expressly referred to, constitute the entire agreement between you and Gascon on issues which are the subject hereof.

PRIVACY AND ACCESS TO INFORMATION

When it comes 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 (CQLR c.P-39.1) (the “Act“), which were amended in September 2022.

Personal Information Protection Policy adopted pursuant to the Act respecting the protection of personal information in the private sector CQLR c P‑39.1.

  1. WHAT ARE THE OBJECTIVES OF THE PERSONAL INFORMATION PROTECTION POLICY?

For Gascon & Associates S.E.N.C.R.L. (“Gascon” or “we“), the protection of your privacy is very important, and the trust of our clients remains our priority. This personal information protection policy (hereinafter referred to as the “Policy“) was prepared to confirm our commitment to protect the confidentiality of our clients’ information in our possession and to inform you as to our practices regarding the collection, use, disclosure, storage, and destruction of the personal information you provide to us. This Policy applies whenever you provide us with personal information, whether through verbal or written communication or through information transmitted via our website https://www.gascon.ca and its content (the “Website“).

The publication of the Policy aims to inform any individual as to the measures we have implemented 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 includes, among other things:

  • Clearly stating the purposes for which we process personal data.
  • Limiting our collection of personal data to that which is required for legitimate purposes only.
  • Seeking your explicit consent to process your personal data in cases requiring such consent.
  • Taking appropriate security measures to protect your personal data, and requiring the same from parties processing personal data on our behalf.
  • Respecting your right to access, correct, or delete your personal data, should you so request.

Should you have any questions or if you wish to know exactly what data we retain, please feel free to contact us (refer to Section 12 of this Policy for all contact information).

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

  1. WHAT ARE THE OBLIGATIONS OF OUR PROFESSIONALS REGARDING THE IDENTIFICATION AND VERIFICATION OF YOUR DATA?

As a law firm and notary office, Gascon has additional obligations concerning client identification, which are imposed by the Barreau du Québec, the Chambre des notaires, and other regulatory bodies governing the legal profession. To fulfill these legal requirements, when opening a new client account, we must collect information regarding the client’s identity as well as information required to identify its key individuals. This information includes, but is not limited to, the corporate 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 phone number of individuals authorized to provide instructions regarding the mandate or service contract. When you retain our services as an individual, we must obtain, when opening the client account, your contact details, occupation, and a copy of a valid photo ID, such as a copy of your passport, driver’s license or health insurance card.

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

Of course, qualifications and exceptions, provided for in legislation, further frame these rules. As mentioned earlier, this Policy addresses those relating to the Act.

  1. WHAT ARE OUR RESPONSIBILITIES AND COMMITMENTS?

Gascon is responsible for the protection of the personal information that has been communicated to us. We have designated a person within the firm to ensure compliance with privacy laws and the implementation of the Policy and recommended administrative procedures to protect personal information. This includes receiving and promptly addressing any complaints from our clients. We ensure the ongoing training of our staff and their adherence to the Policy and to related administrative policies and procedures for the protection of personal information. Should you have any questions in this respect or if you wish to speak with such designated person, please feel free to contact us (refer to Section 12 of this Policy for all contact information).

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

Regarding the collection of information:

Gascon undertakes to collect various personal information from you in an honest and lawful manner, as required and/or useful in the execution of its mandate. This may include:

  • Your name, first name, postal address, email address, phone number, job title, financial information and banking details, credit card number;
  • Information and statistics about your visits and technological tracking devices related to the use of our Website;
  • Other identification and verification information such as a copy of your passport, driver’s license;
  • Information obtained in the course of mandates entrusted to us and our provision of services;
  • Data related to the recruitment of our members, including those contained in the resumes we receive;
  • Data from public sources such as the Register of Enterprises, court records, Données Québec, social media, data from the Office of the Superintendent of Bankruptcy.

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

  1. Establishing and maintaining business and professional relationships.
  2. Providing legal advice and services.
  3. Fulfilling legal, ethical or other obligations.
  4. Avoiding conflicts of interest.
  5. Communicating with you and third parties as part of the mandates we are given.
  6. Opening a client account to comply with our obligations and code of ethics.
  7. Understanding your needs and expectations.
  8. Answering your questions, namely regarding your account and files.
  9. Meeting current legal and regulatory requirements related to the protection of personal information.
  10. Offering advice and services that meet your needs.
  11. Developing, improving, marketing and promoting our services.
  12. Transmitting, by mail, email, text message, or any other means of communication, our publications, invitations and other informative communications.
  13. Developing and managing our databases and administrative systems.
  14. Issuing invoices, managing accounts, processing payments and recovering amounts owed.
  15. For recruitment and candidate evaluation purposes.
  16. For risk management, fraud prevention or any other legal recourse.

Should we need to collect personal information for purposes other than those identified above, we undertake to notify the individuals concerned in advance and obtain the necessary authorizations for the collection, use and disclosure of such personal information, if applicable.

Our Website is not designed for children, and we do not intend to collect personal data from children under the age of consent in their country of residence. Therefore, we request that children under the age of consent, as well as their guardians or legal representatives, refrain from sending us any personal data unless it is required for a specific mandate.

Regarding the use and disclosure of information:

Gascon only uses your personal information for the specific and legitimate purposes for which it was collected, or for purposes that are compatible with those objectives. As such, Gascon uses and discloses personal information about its clients exclusively for the aforementioned purposes and only with the client’s consent, unless permitted by law. Gascon may, when required by applicable laws and for the proper carrying out of its activities, communicate your personal information under confidential seal to the following persons, including, without limitation:

  • Third-party service providers or partners who provide us with services such as website services, hosting, maintenance, or other related services. Gascon may provide certain personal information or allow these third parties to process it within the scope of the services they provide. This access is limited to what is reasonably necessary for the provision of their services.
  • Authorities or government agencies when required by law. Gascon may disclose personal information when compelled by law, whether in response to a court order or to cooperate with governmental authorities in the application of the law.
  • Organizations or companies whose services are retained by Gascon to assess your creditworthiness, recover existing debts on an account, or conduct due diligence verifications.
  • Regulatory bodies governing Gascon’s professional obligations and the practice of the legal or notarial profession, or for any other purpose permitted or required by applicable law.

These third parties are subject to 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 fulfill the mandate given. In the course of its mandates, Gascon may, for instance, share certain information with notaries handling deeds and receiving signatures or with translators mandated for the translation of documents related to a transaction.

  1. WHAT ARE OUR OBLIGATIONS REGARDING OBTAINING YOUR CONSENT?

Gascon ensures that its clients are informed, whether through this Policy, its Website or its employees, 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 forth in this Policy.

By filling out our newsletter subscription form, you consent to receiving via email our publications, newsletters and invitations to conferences or other activities organized by Gascon. Upon your request, we will cease to send you information for marketing purposes.

At any time, save in the case of exceptions provided by applicable laws, you may refuse or withdraw your consent to the collection, use, disclosure, or retention of your personal information by contacting us (please refer to Section 12 of this Policy for all contact information). We reserve the right to refuse certain requests to comply with applicable laws. Please note that withdrawing your consent may prevent us from representing you and providing the required legal services and advice.

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

Personal information is retained by Gascon only to the extent necessary for the aforementioned 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 related to that file or account is archived for verification purposes and is destroyed after seven (7) years.

  1. HOW DOES GASCON USE COOKIES?

Our Website uses cookies and other related technologies. Cookies are also placed by third parties that have been engaged by us. Through this Policy, we inform you as to the use of cookies on our Website. We have concluded agreements regarding the use of cookies with certain other companies placing cookies. However, we cannot guarantee that these third parties reliably or securely protect your personal data. Some parties, such as Google, should be considered as being independent data controllers. We recommend that you read the privacy statements of these organizations.

Please also refer to the appendix attached to this Policy for any additional information regarding Gascon’s use of cookies.

Regarding various types of cookies:

Some cookies ensure the performance of certain parts of the Website and take into account your preferences as a user. By placing functional cookies, we facilitate your visit to our Website, as this tool allows you to avoid entering the same information upon each of your visits. We use statistical cookies to optimize the experience of users on our Website and to allow us to gather information about the usage of our Website. Marketing/tracking cookies are cookies, or any other form of local storage, used to create user profiles for displaying advertisements or tracking the user on this website or across multiple websites for similar marketing purposes.

Regarding your consent:

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

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

Regarding cookie Settings:

You can use your internet browser to automatically or manually delete cookies. You can also specify that certain cookies should not be placed. Another option is to adjust the settings of your internet browser to receive a notification each time a cookie is placed. For more information about these options, please refer to the instructions in the Help section of your browser. Alternatively, you may indicate your preferences on the following page: youradchoices.ca

Please note that our Website may not function properly if all cookies are disabled. If you delete cookies in your browser, they will be placed again following your consent when you revisit our Website.

  1. WHAT SECURITY MEASURES HAVE WE IMPLEMENTED?

Considering the importance of privacy protection, we have implemented security measures commensurate with the sensitivity of the personal information we hold. Gascon ensures compliance with generally accepted standards in the industry to protect the information submitted to us throughout its lifespan. Moreover, Gascon maintains an appropriate level of physical, technical, and administrative security to protect personal information against accidental or unlawful destruction or loss, unauthorized alteration, disclosure, misuse, or any other form of illegal processing of personal information in our possession.

Personal information stored electronically is safeguarded through technical and technological means, such as passwords, firewalls, antivirus software, and other protection software, as well as the encryption of certain data to prevent losses, theft, unwanted intrusions, abusive use, unauthorized modifications, and malicious attacks. We ensure the secure preservation of these servers, and the IT infrastructure is managed by specialists who oversee data protection. All Gascon employees are trained and made aware of the importance of protecting the confidential nature of personal information.

However, we cannot guarantee the protection of personal information that you provide to a third party, for instance, through emails, DocuSign, or hyperlinks from the Gascon Website, as these sites are owned and operated by independent third parties. These sites have their own privacy and personal information protection policies that are beyond our control. Any information you provide to these third parties will be governed by their own privacy protection policy, if applicable. Gascon assumes no responsibility or obligation whatsoever for the practices, actions, or policies of these third-party sites.

  1. WHAT ARE YOUR RIGHTS REGARDING YOUR PERSONAL INFORMATION?

Under certain circumstances and in accordance with applicable laws, you have a number of rights regarding your personal information. As such, you may:

  • Submit a request for access to the data we process about you.
  • Request an overview, in a commonly used format, of the data we process about you.
  • Request correction or deletion of your data if it is incorrect or no longer up to date. Where appropriate, the amended information will be transmitted to third parties having 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 withdrawal.
  • Address a challenge concerning non-compliance with the Act to our organization and, if the issue is not resolved, to the Office of the Privacy Commissioner of Canada.

To exercise your rights, you must submit a written request or contact us by phone (please refer to Section 12 of this Policy for all contact information). In your request, you must provide sufficient information for us to clearly identify you and provide information about the existence, use, and disclosure of your personal information in our possession. Gascon will review the written request within thirty (30) days of its receipt. This period may be extended by an additional thirty (30) days upon written notice. No fees are charged for processing such a request, unless it requires additional resources. Within the specified timeframes for response, Gascon reserves the right to deny any request in accordance with applicable privacy laws. If a request is so denied, the refusal will be duly justified, and the individual will be informed of the available legal remedies.

Once your identity is verified and your request is processed, we will provide you with access to your personal information in an alternative format if requested by an individual with a sensory disability who has a right of access to personal information under the Act, where (a) a version of the information already exists in such alternative format, or (b) its conversion into that format is reasonable and necessary in order to enable the individual to exercise his or her rights.

  1. COMPLAINT PROCEDURE

Should you wish to file a complaint regarding our application of this Policy, you may submit it to Gascon’s General Management by phone (514-879-2080) or email (aiprp@gascon.ca). We undertake to conduct an investigation and respond to your complaint within the timeframes specified in Section 9 above. If your complaint is found to be justified, we will make the necessary corrections.

  1. UPDATES TO THIS POLICY

We reserve the right to make amendments to this Policy. It is therefore recommended that you consult it regularly in order to be aware of any changes. Additionally, we will actively inform you whenever possible.

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

  1. HOW TO CONTACT US

If you have any questions or comments regarding this Policy or should you wish to inform us of your preferences regarding your personal information, please contact:

Gascon General Management
1100 René-Lévesque Blvd 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 following receipt.

APPENDIX

WPML

WPML uses cookies to identify the Visitor’s current language, the last visited language and the language of users who have logged in. When using the plugin, WPML will share data regarding the site through Installer. No data from the user itself will be shared.

WPML Translation Management

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

WPML String Translation

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

Complianz | The Privacy Suite for WordPress

This website uses the Privacy Suite for WordPress from Complianz 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 more information, please see the Complianz Privacy Statement.

Akismet

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