PRIVACY POLICY (the « Policy »)

1. INTRODUCTION

Respecting your privacy and protecting your personal information are very important to MARTINEAU IP (" Company ", " we ", " us " or " our ”). Therefore, we have implemented this Policy, which governs the collection, use, disclosure, retention, and destruction of personal information, whether collected by technological means or otherwise. The present Policy also describes how we protect personal information and the process established for handling complaints.

2. APPLICATION AND DEFINITIONS

This Policy applies to the Company, including its officers, employees, consultants, and any other person who otherwise provides services to the Company.

It covers the personal information of customers (potential, current, or former), job applicants, employees (current or former), and any other individuals, including visitors of the Company's website (the “Site”).

For the purposes hereof and as defined by the Act respecting the protection of personal information in the private sector (the “Act”), personal information is information that relates to a natural person and that allows, directly or indirectly, to identify that person. Examples include a person's first and last name, mailing address, email address, telephone number, gender, banking information, health information, ethnic origin, language, information relating to the use of our Site, including technical information about visits or any other information collected through cookies, and any other personal information that you consider useful to provide to us (the “ Personal Information ”).

A person's professional or business contact information and personal information that is in the public domain are not considered Personal Information.

BY PROVIDING PERSONAL INFORMATION TO THE COMPANY OR ITS SUPPLIERS, THROUGH ITS SITE, BY TELEPHONE, BY EMAIL, IN PERSON, OR BY ANY OTHER MEANS, YOU CONSENT TO THE COLLECTION, USE, DISCLOSURE, RETENTION, AND DISPOSAL OF YOUR PERSONAL INFORMATION AS SET OUT IN THIS POLICY.

3. CONSENT, COLLECTION, USE AND COMMUNICATION

3.1 Consent

As a general rule, the Company will obtain Personal Information directly from you, with your consent, subject to exceptions provided for by the Act. Personal Information will only be used for the purposes for which it was collected, unless your consent is obtained.

If you consent or when permitted by law, the Company may also collect Personal Information from third parties.

The Company will not collect, use, or disclose Personal Information without your consent unless it is authorized or required to do so by law.

Please note that you have the right to refuse to provide us with Personal Information. You also have the right, subject to reasonable notice and applicable legal restrictions, to withdraw your consent to the use of Personal Information already collected by contacting our Privacy Officer at the coordinates detailed in section 15. Refusal to provide Personal Information or withdrawal of your consent may prevent us from providing or continuing to provide you with our services or information about them.

IMPORTANT : If you provide us with Personal Information about other individuals, you represent that you have the authority to do so and, where applicable, that you have obtained the necessary consent, and you acknowledge that such information may be used in accordance with this Policy.

3.2 Collection and use

Without limiting the scope of the foregoing, the Company will collect and use Personal Information for the purposes identified at the time the information is collected, subject to compliance with the Act. Collection will be limited to information that is necessary for the purposes identified. Below is a non-exhaustive list of the information that the Company may collect. With the exception of Personal Information of employees, job applicants, certain customers, and information that may be collected when you use our Site, most of the information collected and managed by the Company is business-related information.

3.2.1 Users of the Site or interaction with us via email

When you browse our Site or interact with us via email, we may collect information about you as described below:

  • When you submit an inquiry or other request, we may collect information about you, such as your first and last name, email address, specific request, and information related to your use of our Site.
  • Connection data, which may include your IP address, the pages you visit on the Site, the date and time of your visit to the Site, the address of the web page you visited before using the Site, the URL that directed you to our Site, your browser type and settings, information about your device (such as brand, model, and operating system), information about your browser configuration, language preferences, unique identifiers, and cookies.
  • If you wish to obtain additional information about our services, use our features, register for an event, webinar, or contest, or download certain content, we may ask you to provide us with your contact information, such as your name, phone number, and email address, as well as certain information about your needs or preferences.
  • Customer support questions, general comments you choose to provide.
  • Any other Personal Information provided.

These information are collected to help us learn more about your needs, preferences, and interactions with our Site and the services offered, to compile statistics, market research, and performance studies to help us evaluate our Site and services, measure our performance, and improve the experiences and services we offer.

3.2.2 Customers (potential, current, or former)

When you request information about our services or ask for a quote, we may collect information about you as described below:

  • Your last name, first name, mailing address, phone number, email address, language, and any other information deemed relevant.

This information is collected in order to:

  • Manage your file, communicate with you, and maintain your customer account;
  • Take the necessary steps in your file with intellectual property regulatory bodies;
  • Process payments;
  • Send information about the various products and services offered or information you have requested, or to respond to your requests and questions;
  • Communicate with you (by phone, alert, email, mail, or otherwise) and provide you with advertising material and additional information about our services, products, surveys, contests, promotions, and special offers, as well as offer our customer service;
  • Conduct statistics, market research, and performance studies to help us evaluate our services, measure our performance, and improve the experiences and services we offer.

3.2.3 Job applicants

When you apply for a job with the Company, we collect Personal Information about you by email, telephone, or in person, as described below:

  • Your first and last name, mailing address, personal telephone or cell phone number, personal email address, language, professional background and education, copy of identification, telephone number and name of a reference, as well as any other information deemed relevant to the recruitment process and the position sought.

This Personal Information is collected as part of the recruitment process in order to analyze the application, communicate with the applicant, and verify the references provided, if applicable.

3.2.4 Employee’s

When you are employed by the Company, we collect Personal Information about you by email, telephone, or in person. A consent form will be presented to the employee as part of the hiring process, specifying, among other things, the Personal Information collected and how it will be used.

3.2.5 Surveys, events, and marketing information

If you choose to participate in our surveys, contests, events, and requests for information, we may collect information about you in connection with the survey, contest, request for information, or event, including your name, email address, phone number, and general information about you that you choose to provide. We may also use your personal information for marketing purposes.

3.2.6 Phone calls

If you contact us by phone, we may record the call and ask you to provide your contact details, such as your name, address, phone number, and email address. This information is used to identify you so that we can better serve you.

3.2.7 Visits to our offices

If you visit our offices, you may be asked to register as a visitor and provide your name, email address, phone number, and the time and date of your arrival. This information is collected for security purposes to track who is coming and going from the Company's facilities.

3.3 Communication

The Company limits the communication and disclosure of your Personal Information for purposes other than those mentioned above, but please note the following clarifications and exceptions:

3.3.1 Application of the law

We may share your Personal Information in response to law enforcement requests, court orders, or other legal proceedings, or if we believe that such disclosure is necessary to investigate, prevent, or respond to illegal activities, fraud, physical threats, or as required by any other applicable law or regulation, and to the extent necessary to protect the property, interests, and rights of the Company.

3.3.2 Archive service

We may share your Personal Information with a company whose business is the preservation of documents for their general informational value.

3.3.3 Our employees and authorized service providers

Our employees may have access to your Personal Information in order to help us provide services to you. They access and use this Personal Information in accordance with our instructions, only if they need to know such information, and under strict confidentiality and security obligations. Please be assured that we ensure that our employees handle this information with the necessary discretion and rigor and comply with this Policy and applicable legal and regulatory requirements.

When you provide Personal Information to the Company, you grant us the right to share your Personal Information with authorized service providers that we deem acceptable and who will use this information to help us respond to your requests and perform services. Please note that we will only share Personal Information necessary for the use of these third-party services, solely for the purpose of providing you with services, and we will ensure that these authorized providers agree to keep this information confidential and secure. Service providers retain the information they need to perform the functions for which they were appointed, and we do not authorize these third parties to use or disclose your Personal Information for their own marketing or other purposes.

3.3.4 Commercial Transaction

The Company may be involved (1) in the sale or lease of all or substantially all of its business and/or assets, (2) in the modification of its legal structure through merger or otherwise, (3) in a transaction to obtain a loan or other form of financing, and (4) in any other similar transaction (individually and collectively, the “Transaction”). As part of this Transaction, we may transfer or disclose your Personal Information to the current or potential contracting organization, but we will require that organization to agree to protect the confidentiality of your Personal Information in a manner equivalent to this Policy.

3.3.5 Explicit Consent

The Company may also disclose your Personal Information if you request or expressly consent to such disclosure.

4. YOUR PERSONAL INFORMATION AND THE THIRD-PARTY SITES

Our Site may contain links to independent third-party websites. These third-party sites (“ Third-Party Sites ”), which are provided for your convenience only, are not under our control and may be governed by their own privacy policies. The Company does not warrant and is not responsible for the collection, use, retention, and disclosure of your Personal Information by Third-Party Sites. The Company assumes no responsibility for your use of these Third-Party Sites or your access to Third-Party Sites through our Site. By using our Site, or accessing Third-Party Sites through our Site, you release the Company from any liability for the actions, practices, and omissions of these third parties.

5. TRANSFER OF PERSONAL INFORMATION ABROAD

Please note that your Personal Information is currently hosted in Quebec.

In the future, we may engage third-party service providers to process, manage, and host Personal Information on our behalf that may be located outside of Canada. As such, some of your Personal Information may be transferred to another province or country and may be subject to the laws of that province or country.

However, we ensure that we protect the Personal Information in our custody, including Personal Information entrusted to a provider, whether located in Quebec or abroad. Our policies and practices regarding the protection of Personal Information require that a written commitment be signed by this service provider to comply with its obligation to preserve the confidentiality and security of the Personal Information entrusted to it. This includes implementing robust and effective security measures, as well as prohibiting the disclosure, transfer, or use of your Personal Information to others in accordance with applicable legislation in the province of Quebec regarding the protection of personal information.

6. PROTECTION OF PERSONAL INFORMATION

We take appropriate measures to ensure the confidentiality of Personal Information and to protect such Personal Information from loss, unauthorized access, disclosure, copying, use, or modification, taking into account, in particular, the sensitivity of the information and the purposes for which it is intended.

The Company uses commercially reasonable and appropriate physical, electronic, and managerial procedures and generally accepted industry standards to safeguard and secure the Personal Information we collect.

In addition, the Personal Information we hold is therefore only accessible to individuals who are authorized to view it and who consult it only when necessary, in the performance of their duties.

To this end, we ensure, among other things, that access to our offices and computer equipment is restricted, that our staff is trained, and that our agents and suppliers of goods and services who have access to Personal Information are required to sign confidentiality agreements and implement security measures deemed equivalent.

To ensure the security of Personal Information, we use the following measures:

  • SSL protocol;
  • Access management – authorized persons;
  • Access management – persons concerned;
  • Network monitoring software;
  • Computer backup;
  • Login / password;
  • Firewall.

We are committed to maintaining a high level of confidentiality by incorporating the latest technological innovations to ensure the confidentiality of your Personal Information.

Please note, however, that since no mechanism offers maximum security, using the Internet to transmit, create, or host Personal Information always involves a certain amount of risk.

If you believe that your Personal Information has been compromised, we invite you to contact our Privacy Officer at the contact details provided in Section 15 of this Policy.

7. MINORS

The Company does not knowingly collect Personal Information from individuals under the age of 18.

If a minor under the age of 14 wishes to use our Site, our services, or otherwise contact us, the collection of that minor's Personal Information will not take place without the consent of the parent or guardian. If we learn that we have unintentionally collected Personal Information from individuals under the age of 14 without obtaining the consent of the parent or guardian, we will ensure that this information is deleted from our records as soon as possible. If you are the parent or guardian of a minor under the age of 14 and you know that your minor child has provided Personal Information, please contact our Privacy Officer at the contact details provided in Section 15 of this Policy so that we can take the necessary action.

8. CONSERVATION PERIOD

Personal information is retained for as long as necessary to fulfill the purposes outlined in this Policy and to ensure compliance with our legal, tax, or regulatory obligations. After this period, any personal information held by us will be destroyed, deleted, or anonymized.

If you would like to learn more about how long your Personal Information is retained, please contact our Privacy Officer, whose contact details appear in section 15 of this Policy.

9. ACCESS, CORRECTION, UPDATING OF PERSONAL INFORMATION, AND WITHDRAWAL OF CONSENT

You have the right to access your Personal Information and obtain copies of it. You also have the right to update, rectify, and correct any Personal Information that you believe is inaccurate or incomplete. You may also request that the dissemination of Personal Information about you be stopped or that any hyperlink associated with your name that allows access to this Personal Information by technological means be de-indexed when its dissemination contravenes the Act or a court order. You may do the same, or request that the hyperlink providing access to the Personal Information be reindexed, when certain conditions provided for by the Act are met.

To do so, please submit a written request to this effect by writing to the privacy officer at the address indicated in section 15, who will respond in writing within 30 days of receiving any request in this regard.

If you wish to obtain copies of your Personal Information, we may require you to pay a minimal fee, which will be disclosed to you in advance, simply to cover the costs of transcription, reproduction, and/or transmission.

Subject to legal and contractual restrictions, if applicable, you may withdraw your consent to the use or disclosure of Personal Information collected about you at any time.

10. EMAILS

Your email address may be used to send you electronic communications from time to time, such as advertising material or documents relating to services that we believe may be of interest to you. You may ask us to stop sending you electronic communications at any time by contacting the Company's Privacy Officer at the contact details listed in Section 15 of this Policy or by using the “unsubscribe” instructions at the bottom of such communications, if applicable.

11. COOKIES AND OTHER TRACKING TECHNOLOGIES ON OUR SITE, THROUGH OUR SERVICES, AND IN EMAIL COMMUNICATIONS.

We use common information gathering tools, such as usage data collection tools, cookies, and similar technologies to automatically collect information that may contain Personal Information from your computer or mobile device when you browse our Site or interact with emails we have sent you.

By accessing and browsing our Site, you consent to the use of cookies in accordance with the terms of this Policy and the Site's terms of use. You can control and manage cookies in various ways. Please note that deleting or blocking cookies may negatively impact your user experience and that certain parts of our Site may no longer be fully accessible. When you first visit the Site, a window regarding cookie management will appear and you will be offered certain choices regarding the collection of these cookies. You can always change your initial choices later through your browser controls, which are often found in the “Tools” or “Preferences” menu of your browser.

12. CHANGES TO THIS POLICY

The Company reserves the right to make changes to this Policy at any time. These changes will be posted on the Site and will take effect immediately upon posting. We will take reasonable steps, as necessary, to notify you of any significant changes.

You may contact our Privacy Officer at the address or numbers listed in Section 15 of this Policy to obtain a current copy of the Policy.

13. TERMS OF USE OF THE SITE AND SERVICES

The Terms of Use of the Site, available on the Site, contain important provisions that disclaim and exclude the liability of the Company and other persons in connection with your use of the Site, its content and any services that may be offered on it, as well as provisions determining the applicable law and exclusive jurisdiction for the resolution of any dispute relating to your use of the Site. Each of these provisions also applies to any dispute that may arise in connection with this Policy and the collection, use, retention, and disclosure of your Personal Information, and they have the same force and effect as if they were reproduced verbatim in this Policy.

14. COMPLAINT HANDLING PROCEDURE

14.1 Scope of application

This procedure applies to personal information held by the Company and to any person who processes such information.

14.2 Confidential handling of complaints

When handling complaints, the Company undertakes to respect confidentiality and ensure the protection of the personal information it holds throughout its life cycle, from collection to destruction.

All complaints are treated confidentially. Only information necessary for handling the complaint will be shared with Company personnel who need to know it in order to perform their duties.

14.3 Receipt of Complaints

Any complaint regarding the management of personal information must be submitted in writing to the Privacy Officer by email at info@martineauip.ca.

Any employee or associate who receives a complaint must immediately inform the Privacy Officer.

14.4 Admissibility of a complaint

In order for a complaint to be admissible, it must meet the following criteria:

  • it is made by a natural person;
  • it concerns dissatisfaction with a practice, action, or inaction of the Company with regard to the management or protection of personal information it holds about the person concerned;
  • it contains the following information:
    • the last name, first name, and contact information of the person concerned;
    • a sufficiently detailed description of the problem; and
    • the desired corrective measure(s), if any.

Complaints that are anonymous, abusive, frivolous, defamatory, contain hate speech, have no obvious basis, or do not contain the information necessary for their processing may be rejected. However, a justification must be provided to the person concerned.

14.5 Investigation and analysis of the complaint

A separate file will be created for each complaint received, as applicable. The file must contain the complaint, the analysis and supporting documentation for its assessment, and the response sent to the person concerned.

The Privacy Officer conducts a thorough investigation by gathering evidence, interviewing the parties concerned, and collecting all relevant documents.

The Privacy Officer must be impartial and have the authority necessary to resolve the complaint.

14.6 Resolution of the complaint

14.6.1 Inadmissible complaint

The Privacy Officer shall inform the individual concerned in writing when their complaint is inadmissible. The letter shall specify why the complaint is inadmissible.

14.6.2 Determining whether the complaint is justified

When the complaint is admissible, the Privacy Officer will process it. After analyzing it and gathering all relevant facts, the Privacy Officer will determine whether or not it is justified.

A complaint is justified when the Privacy Officer concludes that there has been an error or breach of the laws, regulations, or policies governing the management and protection of personal information by the Company.

If the complaint is justified, the Privacy Officer proposes corrective measures or actions to be taken as soon as possible.

A complaint made under this procedure does not entitle the person concerned to financial compensation.

14.7 Complaint processing time

The Company will have thirty (30) days to review each complaint.

The Company undertakes to make every reasonable effort to process each complaint within thirty (30) days. However, in the event that the complaint cannot be processed within this period, the person concerned will be informed of the reasons for the extension, the progress of the processing of their complaint, and the reasonable time required to provide them with a final response.

14.8 Communication with the person concerned

The Privacy Officer communicates regularly with the individual concerned to keep them informed of the progress of the investigation and the resolution of the complaint.

All communications must be professional, empathetic, and respectful.

14.9 Closing the complaint

 Once the complaint has been resolved, all information and documents relating to the complaint must be kept in a confidential file to which only the Privacy Officer has access.

The Privacy Officer must maintain and update a Register of Complaints relating to the protection of personal information.

You may also file a complaint in writing with the Commission d'accès à l'information - Direction de la surveillance at the following address: 900-2045 Stanley Street, Montreal, Quebec, H3A 2V4, or by email at cai.communications@cai.gouv.qc.ca. However, we invite anyone interested to first contact the person responsible for personal information protection and wait until the Company has completed its complaint handling process.

15. QUESTIONS, COMMENTS, AND PERSONNEL RESPONSIBLE FOR THE PROTECTION OF PERSONAL INFORMATION

The Company is responsible for the Personal Information in its custody or control and has designated a person responsible for ensuring compliance with this Policy and applicable laws regarding the protection of Personal Information

If you have any questions or comments regarding this Policy and the Company's practices with respect to Personal Information, please contact our Personal Information Protection Officer at the following address:

M. Louis Martineau

Privacy Officer

1440, Ste-Catherine Street West, Suite 330

Montréal (QC) H3G 1R8

Email: info@martineauip.ca

Table of versions and changes

VersionEffective as of:
1.0September 22, 2023