Moore Stephens

PRIVACY POLICY

 

Protecting your privacy and the confidentiality of your data is of paramount importance to Demers Beaulne, LLP. (hereinafter referred to as DB, we, us, our). For this reason, we have implemented safeguards and sound management practices for your personal information in accordance with applicable laws.

How to contact us?

Any questions, comments, requests, concerns, exercise of rights or complaints regarding this Privacy Policy should be directed to our Privacy Officer at the following coordinates:

E-mail: confidentialite@demersbeaulne.com
Address:
1800 McGill College Avenue, Suite 600
Montréal (Québec) H3A 3J6 Canada

This policy was last updated on November 1, 2023.

This privacy policy (the ” Policy“), which should be read in conjunction with our website terms of use and professional services agreements with DB, sets forth our privacy practices applicable to the following websites (collectively, the “Website”):

This Policy does not apply to the personal information of DB’s employees, representatives and consultants, any other person affiliated with DB and any information that does not constitute personal information as defined by applicable law.

This Policy does not extend to any third-party websites that you may access through links or references that may appear on our Website. Such sites, which are not operated or controlled by DB, have privacy policies entirely separate from and independent of ours. We therefore accept no responsibility for the content and activities of these sites.

What is the purpose of this Policy?

This Policy tells you what personal information we collect, how we process it, and when we need to share it with subcontractors or third parties.

The term “personal information” refers to any information about a natural person that reveals something, either directly or indirectly, about that person’s identity, characteristics or activities. Examples include your name, date of birth, personal e-mail address, financial information and personal identification numbers.

What your consent implies

By giving your consent, you authorize us to proceed with the collection and processing of your personal information, which is necessary to offer you our services.

Wherever possible, DB obtains consent for the collection, use and disclosure of personal information directly from the individual concerned.

However, if you provide us with personal information about other persons, you must ensure that you have duly notified them that you are providing us with their information and that you have obtained their consent to such disclosure.

By browsing our Website or using our professional services and, where applicable, associated media, printed materials and “online” or electronic documentation, you agree that we may collect, use, process, disclose and retain your personal information in accordance with the conditions described in this Policy.

If you do not agree to abide by and be bound by this Policy, you may not visit, access or use our Website or services, or share your personal information with us.

Please note that you remain in control of your personal information at all times and that the consent you give us may be withdrawn at any time by contacting us as indicated in the “How to contact us” section. We will respect your choice in accordance with our legal obligations.

What personal information do we collect?

In the course of our activities, we may collect, process and use various types of personal information. We strive to limit the collection of personal information to that which is necessary to provide our services to you or as permitted by law.
The personal information we collect includes:

Via our Website:

  • contact information, such as your first and last name, e-mail address and company name, to subscribe to our newsletter;
  • information automatically collected through the use of the Website and our Services, including:
    • connection information and other information about your activities on the Website, such as your IP address, the pages you have visited, the time and date of your visits, the type of browser you are using, the operating system of your device and other hardware and software information;
    • geolocation data, such as your IP address, a precise or approximate location determined from your IP address or the GPS of your mobile device (depending on your device’s settings).

Doing business with us:

  • professional or employment-related information, such as your resume, place of employment, government titles or positions, employers, companies owned, salary or self-employment income as well as information regarding your criminal history and other information you provide to us when you apply for a job with DB;
  • contact information, such as your first and last name, e-mail address, telephone number, address and company number for the creation of a customer account;
  • Tax-related information, such as your income, social insurance number and other personal financial information that we may require depending on the type of services you request; your debt load in order to benefit from our bankruptcy recovery services;
  • information about products or services, such as information about the services we have provided to you;
  • transaction and payment information, such as the payment method used, date and time, payment amount, billing postal code, your address and other related information;
  • information you choose to provide or transmit to us, for example, when you fill out a form, respond to a survey or communicate with one of our employees or representatives.

Personal information for individuals under the age of 14

We do not knowingly collect or use personal information from persons under the age of 14. If you are under 14 years of age, you must not provide us with your personal information without the consent of your parent or guardian.

If you are a parent or guardian and become aware that your child has provided us with personal information without consent, please contact us as indicated in the “How to Contact Us” section to request that we delete that child’s personal information from our systems.

How do we use your personal information?

In general, DB uses your personal information only for the purposes permitted or required by law or for the following purposes:

  • offer or improve our professional services or develop new services;
  • allow you to subscribe to our newsletter, apply for a job with DB, answer your questions, receive feedback and comments about our services, or provide you with assistance when needed;
  • operate, maintain, supervise, develop, improve and offer all the functionalities of our Website;
  • to verify your identity or personal history, as permitted by law, or to comply with our obligations under applicable laws and regulations;
  • send messages, updates, security alerts or transmit communications in accordance with the law;
  • administer a contest, promotion, survey or other feature of the Website or our services;
  • conduct research and analysis related to our company and services;
  • detect and prevent fraud, errors, spam, abuse, security incidents and other harmful activities;
  • establish, exercise or defend a right or legal claim.

DB may use your personal information for other purposes only if you have given your prior consent. In such cases, we will seek your explicit consent, except in the exceptional cases provided for by law.

To whom do we communicate your personal information?

In the course of our activities, we make your personal information available to our employees, consultants or agents whose duties so require.

Although we try to avoid sharing your personal information with third parties, we may use service providers to perform various services on our behalf, such as IT management and security, marketing, and data analysis, hosting and storage.

In these circumstances, we provide only the personal information necessary for the performance of their mandate and we undertake to ensure that the principles set out in this Policy are respected by specifying in writing the measures that the third party must take to protect the confidentiality of the personal information communicated. We also specify that such personal information shall only be used for the execution of the mandate and shall not be retained after the fulfillment of the purposes for which it was transmitted, unless required by law.

In addition, these service providers provide us with sufficient guarantees that they will implement adequate safeguards to protect your personal information before it is processed or disclosed to them. When our service providers no longer need your personal information, we require that they destroy it in an appropriate manner.

We may also share, transfer or disclose, strictly in accordance with this Policy, your personal information with third parties when required by law or as part of a business transaction involving the sale, transfer or assignment, in whole or in part, of DB or our assets. In this case, and in the event that the business transaction is completed, DB will inform you before your personal information is governed by another privacy policy.

The personal information we collect and store is protected and securely hosted on servers that may be located outside Quebec, notably in Canada and the United States.
We do not sell, trade or otherwise disclose your personal information to third parties, subject to exceptions provided by law.

How long do we keep your personal information?

Subject to applicable law, we retain your personal information only as long as necessary for the fulfillment of the purposes for which it was collected, unless you consent to your personal information being used or processed for another purpose. After this time, your personal information will be securely destroyed.

For more information on how long your personal information is kept, please contact us as indicated in the “How to contact us” section.

What rights do you have regarding your personal information?

You have the following rights:

  • The right to be informed of the personal information we hold about you, to access it free of charge and to request a paper copy of the documents containing your personal information, subject to exceptions and charges that may be imposed by law;
  • The right to have the personal information we hold about you rectified, amended and updated if it is incomplete, ambiguous, out of date or inaccurate;
  • The right to withdraw or change your consent to DB’s collection, use, disclosure or retention of your personal information at any time, subject to applicable legal and contractual restrictions.
  • The right to ask us to stop disseminating your personal information and to de-index any link attached to your name that gives access to this information if such dissemination contravenes the law or a court order;
  • The right to file a complaint with the Commission d’accès à l’information, subject to the conditions set out in the applicable law.
    To exercise any of these rights, please contact us in writing as indicated in the “How to contact us” section.

Do we collect information through cookies?

To provide the best experiences and to help us operate, protect and optimize the Website and the services we offer, we use cookies and other similar technologies (collectively, “Cookies”).

Cookies are small text files that are stored on your device or browser. They enable us to collect certain information when you browse our website, including your preferred language, browser type and version, the type of device you are using and your device’s unique identifier. While some of the Cookies we use are deleted after your browser session ends, other Cookies are retained on your device or browser to enable us to recognize your browser the next time you visit the Website. The data collected through these cookies is not intended to identify you.

In particular, they enable us to guarantee the functioning of the Website, improve the user’s browsing experience and provide certain data that enables us to better understand the traffic and interactions that take place on our Website, as well as to detect certain types of fraud. Cookies do not damage your device and cannot be used to extract personal information.

You can set your browser to notify you when you visit our website. When you first visit our website, you can consent to, refuse or select your preferences regarding the activation of cookies. By clicking on “Accept” during your first browsing, you consent to the storage of Cookies on your device or browser. Refusal to activate certain Cookies on your browser could adversely affect your browsing experience on the Website and prevent you from using some of its functionalities.

Functional cookies

These cookies are permanently activated, as they are necessary to enable the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of transmitting a communication over an electronic communications network.

Statistical cookies

These cookies enable storage or technical access for statistical purposes. This collection of information does not allow you to be identified, but allows us to improve the content of the Website and enhance the user experience.

Marketing cookies

These Cookies are necessary to create user profiles in order to send advertisements or track the user on one or more websites with similar marketing purposes.

How do we protect your personal information?

DB has implemented physical, technological and organizational security measures to adequately protect the confidentiality and security of your personal information against loss, theft or unauthorized access, disclosure, copying, communication, use or modification. These measures include controlling access to our offices and equipment, setting up a secure connection between your device and our server on our Website, making DB employees aware of this Policy, obtaining their commitment to comply with it and to respect the confidentiality of your personal information, and adopting governance measures aimed in particular at the secure storage and destruction of your personal information.

Despite the adoption of such measures, we cannot guarantee the absolute security of your personal information. If you have reason to believe that your Personal Information is no longer secure, please contact us immediately as indicated in the “How to Contact Us” section.

What is our responsibility regarding your personal information?

DB undertakes to take all reasonable steps to ensure the confidentiality and security of personal information in accordance with technological standards appropriate to its industry.

Notwithstanding the foregoing, you declare that you understand and acknowledge that no computer system offers absolute security and that there is always some degree of risk involved in transmitting Personal Information over the public network that is the Internet.

You agree that DB shall not be liable for any breach of confidentiality, hacking, virus, loss, theft, misuse or alteration of Personal Information transmitted or hosted on its systems or those of any third party. You also waive any claim in this respect, except in the event of gross negligence or wilful misconduct on the part of DB. Accordingly, you agree to hold DB and its officers, directors, affiliates and business partners harmless from any damages of any kind, whether direct or indirect, incidental, special or consequential, arising out of or in connection with the use of your Personal Information.

In the event of a breach of confidentiality or security of your Personal Information that presents a high risk to your rights and freedom, you will be notified of such breach as soon as possible, and DB will take the necessary steps to preserve the confidentiality and security of your Personal Information.

 

How do we update this Policy?

We reserve the right to modify this Policy at any time in accordance with applicable law. In the event of a change, we will publish the revised version of the Privacy Policy, update its update date and post a notice of the update on the home page of our Website. We encourage you to review this Policy each time you access our Website so that you are aware of the safeguards and sound practices for your personal information.

If you do not agree with the new terms of the Privacy Policy, we invite you to stop using our Website and our services. If you choose to continue using our Website or services after the new version of our Policy becomes effective, your use of our Website and services will be governed by the new version of the Policy.

This policy was last updated on November 1, 2023.