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

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 that we establish with our customers. We are pleased to communicate with you how we collect, use and protect your personal information.

PRIVACY OFFICER
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, acts as Privacy Officer for the firm.

DEFINITION OF PERSONAL INFORMATION
For the purposes of this Policy, “Personal Information” identifies a natural person, directly or indirectly. Personal information is confidential. Their confidentiality arises from the right to privacy, allowing any person 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 complete, namely, a subscription form for our Newsletter, our weekly health law news, as well as a form for us contact. We collect your name and email address in order to send you information relating 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 send us an application for a position within our team, by email or using the forms available in the “careers” section of our website. The information thus collected is kept for a limited period 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.

Legal services:

Monette Barakett collects, uses and discloses personal information primarily to provide professional legal services to and represent its clients, primarily by carrying out 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 to provide legal services in connection with a matter such as a legal action or arbitration or mediation proceeding. 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 commercial transactions where personal information is exchanged or communicated;
  • Commercial relationships with customers, suppliers and third parties, including to prepare invoices, administer accounts, collect and process payments and comply with contractual obligations;
  • Updating, improving and managing our information systems, such as file transfer, document, knowledge and precedent management and databases;
  • Development of our business 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 asked to communicate by email at info@mbavocats.ca or with the lawyer responsible for their file in order to update the personal information that we keep 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 company, city, province or state and country, to send you newsletters and information on 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 consent from an individual for the collection, use and disclosure of their personal information. We assume that the latter has consented to the collection of personal information and its use for the purposes for which it was given, when it voluntarily provides us with personal information in the context of the activities previously mentioned in this policy (subscriptions, candidacy, work). Thus, clients who mandate us accept that our professionals and agents collect, use and communicate their personal information to carry out 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 be unable to provide or continue to provide you with certain services or information that may be useful to you.

COMMUNICATION OF PERSONAL INFORMATION

Provision of legal services:

We may disclose personal information to third parties to provide legal services in connection with a matter involving 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 deal with companies, agents and contractors who provide us with services for:

  • hosting our data;
  • billing support;
  • storage of documents;
  • software support;
  • the organization of 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 provided to us. 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 into a breach of duty. contractual or a violation of a law or in the event of detection, repression or prevention of fraud, or if Canadian, American, or other laws require or permit it (which may include access by authorities Canadian, U.S. or foreign governmental, regulatory, 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 the Monette Barakett team 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 respecting 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 in Canada.
Any dispute between Monette Barakett and you must be resolved 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 can 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 at any time.

YOUR ACCESS AND UPDATE RIGHTS

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

To exercise these rights, please send a written request to our privacy officer at the email address vieprivee@mbavocats.ca.

We will process your request without delay, subject to exceptions provided for in privacy laws, for example: the information is protected by attorney-client privilege; the information was obtained through a formal dispute resolution process; the communication amounts to the disclosure of confidential business information; or if the information has been communicated to police services or other lawful authorities and its communication is prohibited.

UPDATES TO THE PRIVACY POLICY

This personal information protection policy may be updated to consider changes in our practices. You can consult 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 treat your personal information, or if you would like to request access to the personal information we have collected about you, please contact us at the following address:

Privacy Officer
vieprivee@mbavocats.ca
4, Place Ville Marie, office 600
Montreal (Quebec) H3B 2E7

 

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TERMS OF USE OF THE WEBSITE

By visiting our website, you agree to be bound by the terms and conditions set out below and undertake to comply with them. Monette Barakett reserves the right, without notice and at its sole discretion, to make modifications to these, which you also undertake to respect.

NO LEGAL NOTICE

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

NO WARRANTY

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

EXTERNAL SITES

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

LINKS TO THE MONETTE BARAKETT SITE

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

RESTRICTED USE LICENSE

Monette Barakett grants a restricted 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.

INTELECTUAL PROPERTY AND USE OF THE SITE

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