The information contained on this site, while legal in nature, does not constitute legal advice. Furthermore, the sending of an e-mail with a specific question does not automatically conclude a lawyer-client relationship or the acceptance of a mandate by the firm.
Since the publication of this a legal column, it is possible that laws have been repealed, amended or that the courts have a different interpretation currently.
1 - General information
Protecting your privacy is important to Fortier, D'Amour, Goyette S.E.N.C.R.L. (hereinafter " Entity ", " We ", "Us", "Our"). For this reason, We have implemented safeguards and sound management practices for your Personal Information in accordance with applicable laws in Quebec and Canada.
By using our website https://www.fodago.ca (the " Website ") or any of our Services, you agree that We may collect, use, process, disclose and retain your Personal Information in accordance with the terms described herein. 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.
This Policy does not apply to Personal Information of the Entity's employees, representatives and consultants, or any other person affiliated with the Entity, or to any information that does not constitute Personal Information as defined by applicable laws in Quebec and Canada.
b) Privacy officer
Telephone: 450-670-3656 ext. 242
Address: 1730, boul. Longueuil, Quebec J4G 1A5
2 - Definitions
The following words and expressions, when appearing with a capitalized first letter in the Policy, have the meanings attributed to them hereinafter, unless otherwise implied or explicit in the text:
" Service Provider " means any individual or entity that processes Personal Information on behalf of the Entity. This includes third-party companies or individuals employed by the Entity to facilitate the Services, to provide the Services on behalf of the Entity, to perform services related to the Services or to assist the Entity in analyzing the use of the Services.
" Personal information " means any information that relates to a natural person and allows that person to be identified, i.e., that directly or indirectly reveals something about the identity, characteristics (e.g., abilities, preferences, psychological tendencies, predispositions, mental abilities, character and behaviour of the person concerned) or activities of that person, regardless of the nature of the medium or the form in which the information is accessible (written, graphic, sound, visual, computerized or other).
" Privacy Officer ": the person who is responsible for the application of this Policy and whose contact information is identified in section 1 of this Policy.
" Services ": Services refers to the website and our social networking pages.
3 - Processing Personal Information
3.1 Collection of Personal Information
During our activities, We may process several types of Personal Information, including the information listed below:
- Contact information, such as your first and last name, e-mail address and telephone number;
- 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 that you choose to provide or transmit to Us, for example, when you make a reservation on Our premises, over the telephone or on Our Website, fill in a form, make a purchase on Our Website, respond to surveys, apply for one of Our employment offers or contact one of Our employees or representatives;
- Information automatically collected through using the Website and our Services, including:
- Financial information about your activities while using the Web Site and our Services, such as credit card numbers when you make commercial transactions in connection with the Entity.
In each case, such Personal Information is processed in accordance with the legitimate and necessary purposes listed in article 3.2 below.
Use of Personal Information
We may use your Personal Information for the legitimate purposes described below:
- Operate, maintain, supervise, develop, improve, and offer all the functionalities of Our Website;
- Allow you to apply for job offers;
- Enable you to acquire our Services and carry out transactions in connection with our Services;
- Perform our contractual obligations to you;
- Develop, improve, and offer new Services;
- Send you messages, updates, and security alerts;
- For any other purpose permitted or required by law.
Disclosure of Personal Information
We may disclose your Personal Information to our employees (including marketing and sales departments), contractors, consultants, agents, service providers and other trusted third parties (collectively, " Service Providers "), who require such information to assist Us in operating Our Website, conducting our business or servicing you, provided that such Service Providers have previously agreed in writing to maintain the confidentiality of your Personal Information in accordance with applicable laws and Our Information Governance Program.
We do not sell, trade, or otherwise disclose your Personal Information to third parties.
Service providers and other third parties
Although We try to avoid sharing your Personal Information with third parties, We may use Service Providers to perform numerous services on Our behalf, such as IT management and security, marketing, and data analysis, hosting and storage. Below are instances We have defined in wich such sharing may take place:
- We use the services of Jobilico, Indeed, Emploi Québec and Université Laval to recruit our employees. Consult their respective privacy policies here, here, and here;
Prior to disclosing your Personal Information to Service Providers outside the province of Quebec, or depending on the nature of the Personal Information disclosed, We conduct a Privacy Impact Assessment. When we disclose your Personal Information to Service Providers, we enter into written contracts with them before disclosing your Personal Information to them, and we provide them with only the Personal Information they need to fulfill their mandate. As part of these contracts with our Service Providers, We have measures to ensure that the principles set out in this Policy are respected, and these Service Providers are required to use Personal Information confidentially, in accordance with Our instructions and solely for the purposes for which it was provided. We provide sufficient assurances that adequate safeguards are in place that are proportionate to the sensitivity of the Personal Information being processed or disclosed. When our Service Providers no longer need your Personal Information, we ask them to destroy this data in an appropriate manner.
Complying with legislation, responding to legal requests, preventing harm, and protecting our rights
We may disclose your Personal Information when We believe such disclosure is authorized, necessary or appropriate, including:
- To respond to requests from public and government authorities, including public and government authorities outside your country of residence;
- To protect our business;
- To comply with legal proceedings;
- To protect Our rights, Our privacy, Our security, Our property, yours or that of third parties;
- To enable Us to pursue available remedies or limit the damages We may suffer; and
- In accordance with applicable laws, including laws outside your country of residence;
Personal Information Consent
Wherever possible, the Entity obtains consent directly from the concerned individual for Us to collect, use and disclose his or her Personal Information. 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, in addition to obtaining their consent to such disclosure.
We will seek your express, overt, free, informed, and purposeful consent before using or disclosing your Personal Information for purposes other than those set out herein. We will also seek your express consent whenever sensitive Personal Information is involved in any of the Entity's processing activities. We will ask for your consent for each specific purpose in clear and simple terms, separate from any other information that will be communicated to you.
If You do not consent, please discontinue use of the Websites. Except where otherwise provided by law, You may withdraw Your consent at any time upon reasonable notice. Please note that if You choose to withdraw your consent to the collection, use or disclosure of your Personal Information, certain features of our Website may no longer be available to You or we may no longer be able to offer You some of our services.
Retention of Personal Information
Subject to applicable laws, We retain your Personal Information only for as long as is necessary to fulfill the purposes for which it was collected, unless you consent to Your Personal Information being used or processed for another purpose. As an indication, the duration of certain information may extend up to 10 years following the end of the Services rendered by the Entity to you. In addition, our retention periods may be modified from time to time in response to legitimate interests (for example, to ensure the security of Personal Information, to prevent abuse and breaches or to prosecute criminals).
For more information on the periods during which your Personal Information is kept, please contact our Privacy Officer using the contact details provided in article 1(b) of this Policy.
4 - Your rights
As a data subject, you may exercise the rights set forth below by communicating in writing with Our Privacy Officer at the contact information provided in section 1(b) of the Policy. Please note that We may ask you to verify your identity before responding to any of these requests.
- You have the right to be informed of the Personal Information We hold about you, its use, disclosure, retention, and destruction, subject to exceptions provided by applicable law;
- You have the right to access your Personal Information, to request a copy, including paper copies, of the documents containing your Personal Information, subject to the exceptions provided by applicable law, and to obtain, where applicable, further details on how we use, communicate, store, and destroy it;
- You have the right to rectify, amend and update the Personal Information We hold about you if it is incomplete, ambiguous, out of date or inaccurate;
- You have the right to withdraw or change your consent to the Entity's collection, use, disclosure, or retention of your Personal Information at any time, subject to applicable legal and contractual restrictions;
- You have 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;
- You have the right to request that your Personal Information be communicated to you or transferred to another organization in a structured and commonly used technological format;
- The right to be informed of any privacy incident involving your Personal Information that may cause you serious harm. To this end, we maintain a log of all privacy incidents and assess the harm they may cause;
- You have the right to file a complaint with the Commission d'accès à l'information, subject to the conditions set out in the applicable law.
In order to process your request, you may be asked to provide appropriate identification or to identify yourself in some other way.
5 - Cookies and other tracking technologies
While some of the Cookies We use are deleted after your browser session ends, other Cookies are stored 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. They are used to ensure that the Website functions properly, to improve the user's browsing experience and to 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 harm your device and cannot be used to extract personal information.
You can set your browser to notify you when Cookies are set on your visit to the Website, so that you can decide in each case whether or not to accept the use of some or all Cookies. Please note that disabling Cookies on your browser may adversely affect your browsing experience on the Website and prevent you from using some of its features.
6 - Safety measures
The Entity has implemented physical, technological, and organizational security measures to adequately protect the confidentiality and security of your Personal Information against loss, theft or any unauthorized access, disclosure, reproduction, communication, use or modification. These measures include:
On the administrative front, the adoption of a series of policies and procedures as part of the implementation of our information governance program, including:
- Govern the access, disclosure, retention, de-identification, anonymization and/or, where applicable, destruction of Personal Information;
- Determine the roles and responsibilities of our employees throughout the life cycle of Personal Information and documents;
- Establish procedures for intervention and response in the event of a confidentiality incident;
- Govern the process for requests and complaints relating to the protection and handling of Personal Information.
On a technical level, the use of several means such as:
- Use of backup systems, network monitoring software, etc.;
- Encryption, segregation of duties, access controls and internal audits.
Given the public nature of this Policy, we have not provided an exhaustive list of the measures we are implementing.
Despite the measures described above, 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 Our Privacy Officer immediately using the contact details set out in section 1(b) above.
8 - Links to third-party websites
From time to time, We may include on Our Website references or links to Our Facebook page, websites, products or services provided by third parties (" Third Party Services "). These Third Party Services, which are not operated or controlled by the Entity, are governed by privacy policies entirely separate and independent from ours. We therefore assume no responsibility for the content and activities of these sites. This Policy applies only to the Website and the Services We offer. The Policy does not extend to third-party Services such as Our Facebook page / such as Our Facebook and YouTube pages.
9 - Invisible ReCAPTCHA
Invisible reCAPTCHA analyzes activity on a web page function (e.g. mouse movements and typing patterns) to determine whether a user is a bot.
10 - Information about your privacy rights personal information under the General Data Protection Regulation (GDPR)
- We need to make a contract with you, such as when you use Our Services;
- You have given us permission to do so;
- The processing is in Our legitimate interest and does not override your rights;
- To comply with the law.
If you reside in the European Economic Area (EEA), you have certain rights to protect your Personal Information. In certain circumstances, you have the following protection rights:
- The right to access, update or delete the Personal Data we have about you;
- The right of rectification;
- The right to object;
- The right to restrict;
- The right to portability;
- The right to withdraw your consent.
Please note that We may ask you to verify your identity before responding to these requests.
You have the right to lodge a complaint to a Data Protection Authority about Our collection and use of your Personal Information. For more information, please contact your local data protection authority in the European Economic Area (EEA).
11 - Payment details
Regarding credit card details or other payment information that you have provided to Us, We are engaged to ensure that such confidential information is stored in the most secure manner possible.
12 - Individuals under 14 years of age
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 a parent or guardian. If you are a parent or guardian and become aware that your child has provided Personal Information to Us without consent, please contact Us using the contact information provided in Section 1(b) above to request that We delete that child's Personal Information from our systems.
13 - Applicable laws
The laws of Canada and of Quebec, will govern this agreement and your use of the Website. Your use of the Website may also be subject to other local, provincial, national, or international laws.