Monette Barakett welcomes you to its Website. We thank you for taking a few moments to review our policy regarding the protection of personal information and the terms of use of our website.

  1. PROTECTION OF PERSONAL INFORMATION

The protection of the personal information that we collect through our website and the services we provide is the basis of the relationship of trust we establish with our clients. We are pleased to inform you of how we collect, use and protect your personal information.

PERSON RESPONSIBLE FOR THE PROTECTION OF PERSONAL INFORMATION
If you have any questions or comments, do not hesitate to contact us at the following address: vieprivee@mbavocats.ca. Please note that our managing partner, Me Jean-François Pedneault, is the person responsible for the protection of personal information.

MEANING OF PERSONAL INFORMATION
For the purposes of this Policy, “Personal Information” relates to a natural person and directly or indirectly allows that person to be identified.

Personal information is confidential. Their confidentiality stems from the right to privacy, allowing individuals to exercise control over the use and circulation of their information.

COLLECTION OF PERSONAL INFORMATION

Website :

Our website allows us to collect certain personal information through forms that you can choose to fill out, namely, a subscription form for our Newsletter, our weekly legal news on health and social services, as well as a contact form. We collect your name and email address to send you information related to our areas of practice, such as columns or invitations to our virtual conferences. You can unsubscribe at any time using the link provided in the emails or by contacting us at info@mbavocats.ca.

Candidacy :

You can choose to apply for a position within our team, by email or through the forms available in the “careers” section of our website. The information collected is kept for a limited period of time in our secure document management tool. We use this information to process and respond to your application, conduct interviews and plan your integration into the firm. With your consent, we may also obtain personal information from third-party employment references or former employers, or conduct a background check on you.

Provision of Legal services:

Monette Barakett collects, uses and discloses personal information primarily to provide professional legal services to and represent its clients, primarily by performing the following activities:

  • Client relationship, provision of legal services and advice, compliance with legal obligations (including know-your-client requirements) and verification of conflicts of interest;
  • Disclosure of personal information to third parties in order to provide legal services, including in connection with a legal action or arbitration or mediation proceedings. These third parties may include, among others, opposing parties, interested parties, lawyers and advisors, witnesses, courts, arbitrators, other decision-makers and experts;
  • Representation of clients in the context of commercial transactions where personal information is exchanged or communicated;
  • Business relationships with clients, suppliers and third parties, including to prepare invoices, administer accounts, collect and process payments and comply with contractual obligations;
  • Maintaining, improving and managing our information systems and databases, such as file transfer, document, knowledge and precedent management;
  • Development of the firm and management of our activities.

A file is created for each mandate obtained from a client, in accordance with the requirements of the regulations and professional standards of the Barreau du Québec. These records may include personal information. Our records are protected from inappropriate and unauthorized access (see the Security section below).

Clients are invited to contact info@mbavocats.ca or the lawyer responsible for their file to update the personal information we maintain in our client files.

Newsletters and News in Health and Social Services Law:

When you sign up to receive newsletters or other communications from us, we collect your first and last name, email address, job title, and information about your business or employer, city, province or state and country, to send you newsletters and information about our activities. You can unsubscribe at any time by clicking on the “unsubscribe” link at the end of each email. You can also contact us by sending an email to info@mbavocats.ca.

CONSENT

Where required by law, we obtain an individual’s consent for the collection, use and disclosure of their personal information. We assume that the latter has consented to the collection of personal information and the use for which it was provided, when it voluntarily provides us with personal information in the course of the activities previously mentioned in this policy (subscriptions, candidacy, legal services). As such, clients who mandate us agree that our professionals and agents may collect, use and communicate their personal information to perform the work requested. Also, candidates who send us their application agree that we retain and use their personal information as part of a recruitment process.

Before providing us with any personal information belonging to a third party, you acknowledge having previously obtained the consent of the person concerned.

At any time, subject to legal and contractual requirements, you may refuse or withdraw your consent for certain purposes by contacting us. If you refuse or withdraw your consent, we may not be able to provide or continue to provide services or information that may be useful to you.

COMMUNICATION OF PERSONAL INFORMATION

Provision of Legal Services:

We may communicate personal information to third parties to provide legal services in connection with a matter such as a legal action, arbitration or mediation proceedings. Third parties include opposing parties, interested parties, lawyers, witnesses, courts, arbitrators, other decision-makers and experts.

Service Providers:

We work with companies, agents and contractors who provide us with services for:

  • hosting our data;
  • billing support;
  • document storage;
  • software support;
  • hosting webinars;
  • sending our communications;
  • securing file transfers.

We give these service providers access to your personal information only to the extent necessary to provide the services required. We require our service providers to protect the confidentiality and security of personal information. They are not allowed to use them for any other purpose.

Legal Requirements:

We or our third party service providers may disclose personal information, pursuant to a search warrant or other lawful request or order, to other organizations in the event of an investigation of a breach of a contractual duty or a violation of a law or in the event of detection, suppression or prevention of fraud, or if required or permitted by Canadian, American, or other laws (which may include access by Canadian, U.S. or foreign government authorities, regulatory bodies, court or law enforcement agencies in the jurisdictions where we or our service providers operate).

SECURITY

The personal information we collect is stored in a secure environment. All members of Monette Barakett are required to respect the confidentiality of your information and are trained in cybersecurity. We have several measures in place to protect the personal information entrusted to us, such as governance measures (policies, training), physical measures (restricted access) and technological means.

LEGISLATION

We are committed to complying with the Act respecting the protection of personal information in the private sector. This policy is governed by the laws applicable in the province of Quebec, Canada.

Any dispute between you and Monette Barakett must be settled by the courts of Quebec, sitting in the district of Montreal. You agree to irrevocably submit to the exclusive jurisdiction of these courts with respect to any dispute.

UNSUBSCRIBE

If you have signed up to receive our email communications, you may unsubscribe at any time by clicking on the “unsubscribe” link at the end of the email. You can also withdraw your consent by contacting us at info@mbavocats.ca.

ACCESS AND RECTIFICATION

You can access your personal information and ask us to update it, as well as to correct any errors in it. You may withdraw your consent to the collection, use and communication of personal information (subject to legal and contractual restrictions). You may also ask us to stop sharing your personal information or remove your personal information from our directories.

To exercise these rights, please send a written request to the person responsible for the protection of personal information at the email address vieprivee@mbavocats.ca.

We will process your request with due diligence, subject to exceptions provided for in privacy laws, for example: information protected by attorney-client privilege; information obtained through a formal dispute resolution process; where the communication amounts to the disclosure of confidential business information; where the information has been disclosed to the police or other lawful authorities and its communication is prohibited.

UPDATES TO THE POLICY REGARDING THE PROTECTION OF PERSONAL INFORMATION

This personal information protection policy may be updated to reflect changes in our practices. You can visit this page to familiarize yourself with these changes.

CONTACT US

If you have any questions, complaints or comments about this policy, or about how we or our service providers handle your personal information, or if you would like to request access to the personal information we have collected about you, please contact us at:

Person responsible for the protection of personal information
vieprivee@mbavocats.ca
4, Place Ville Marie, office 600
Montreal (Quebec) H3B 2E7

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  1. TERMS OF USE OF THE WEBSITE

By visiting our website, you agree to be bound by and agree to abide by the terms and conditions set out below. Monette Barakett reserves the right to make changes without notice and at its sole discretion, which you also agree to abide by.

NO LEGAL ADVICE

The information available on our website does not constitute legal advice. We recommend that you consult a lawyer so that a specific analysis of your situation can be carried out.

NO WARRANTIES

Monette Barakett takes care to ensure that the website does not contain any errors, misprints, inaccuracies or omissions. However, we cannot guarantee that there will be no such errors or omissions. Under no circumstances shall Monette Barakett be held liable for damages of any kind whatsoever, including direct or indirect damages, arising from the use of the information available on its website.

EXTERNAL SITES

You acknowledge that Monette Barakett cannot be held liable, directly or indirectly, in any way whatsoever, for any loss or damage of any kind whatsoever arising from the use of its website. We cannot be held responsible for defective functioning of external sites. The inclusion of hyperlinks does not imply endorsement by Monette Barakett of the content of these sites and does not imply any association between Monette Barakett and these sites or operators. It is your responsibility to review and evaluate such content and assume all risks associated with such use.

LINKS TO MONETTE BARAKETT WEBSITE

In the event that you wish to create a hyperlink to Monette Barakett website, you must do so only by keeping the address of the site and its frames.

LIMITED USE LICENSE

Monette Barakett grants a limited use license allowing you to display on your computer, print, download and use the texts and other content accessible from its website for non-commercial, personal or educational purposes, provided that:

That the reproduction of the content is complete; and

That the source, Monette Barakett S.E.N.C, be indicated.

INTELLECTUAL PROPERTY AND USE OF THE WEBSITE

All content on our website (texts, logos, buttons, images, photos, icons, videos, audio, software and applications) is the exclusive property of Monette Barakett, its suppliers or the entities that have granted it a right of use. The content is protected by Canadian and international copyright and intellectual property laws.