Legal Notice

Last updated on
13/4/2024

Murdoch Rodrigue Archambault Avocats Inc. (“us”, “we”, “the Firm”, or “our”) operates www.mradroit.com (the “Site”).

1. TERMS OF USE

Disclaimer

By accessing and browsing this website, you accept the terms and conditions contained below

Intellectual Property Notice

Copyright © 2024 Murdoch Rodrigue Archambault Avocats Inc. All rights reserved.

Murdoch Rodrigue Archambault Avocats Inc. either owns the intellectual property rights in the underlying HTML, Java scripts, text, audio clips, photos, video clips and other content that is made available to you on our website or has obtained the permission of the owner of the intellectual property in such content to use the content on our website.



Limited Licence


Murdoch Rodrigue Archambault Avocats Inc. grants to you a limited licence to display on your computer, print, download and use the underlying HTML, text, photos, audio clips, video clips and other content that is made available to you on our website, for non-commercial, personal, or educational purposes only, provided that:

  1. you do not modify any such content; and
  2. you include with and display on each copy of such content the associated copyright notice and this limited licence.


No other use is permitted. Without limiting the generality of the foregoing, you may not:

  1. make any commercial use of such content;
  2. include such content in or with any product that you create or distribute; or
  3. copy such content onto your or any other website.


Notwithstanding the above, nothing contained in this licence shall be construed as conferring any right under any copyright of Murdoch Rodrigue Archambault Avocats Inc. or any other person who owns the copyright in content provided on our website.


No Legal Advice


The information provided on our website is not intended to be legal advice. Many factors unknown to us may affect the applicability of any statement or comment that we make on our website to your particular circumstances.

No Warranties


Murdoch Rodrigue Archambault Avocats Inc. does not warrant the quality, accuracy or completeness of any information on our website. Such information is provided "as is" without warranty or condition of any kind. This website may include inaccuracies or typographical errors. In no event shall Murdoch Rodrigue Archambault Avocats Inc. be liable for any damages whatsoever, including special, indirect, or consequential damages, arising out of or in connection with the use or performance of information available on this website.

No Endorsement


No endorsement of any third-party products or services is expressed or implied by any information, material or content referred to or included on, or linked from or to this website.

Amendments


Murdoch Rodrigue Archambault Avocats Inc. retains the right to amend the above conditions at any time, including the right to revoke any permissions.

Use of this web site


If you have problems viewing any page of this site, please do not hesitate to contact us.


2. WEBSITE PRIVACY POLICY

This is to inform you of our policies regarding the collection, use and disclosure of personal information we receive from users of the Site. We use your personal information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.  

When you visit the Site, we automatically collect certain information about your device, including browser information, IP address, time zone, and some of the cookies installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

Cookies” are data files that are placed on your device or computer and often include a unique anonymous identifier. For more information about cookies and how to disable cookies, visit http://www.allaboutcookies.org.

Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.  - “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

When we talk about “Personal Information” in this Privacy Policy, we talk about Device Information.  We may use third-party advertising companies to serve ads when you visit our Site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you.

Sharing Your Personal Information

We share your Personal Information with third parties to help us use your Personal Information, as described above.

For example, we use Webflow to host our website. You can read more about how Webflow uses your Personal Information here: https://webflow.com/legal/privacy

We also use Google Analytics to help us understand how our customers use the website — you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy

You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant, or other lawful requests for information we receive, or to otherwise protect our rights.

Personal Data

Personally identifiable information, such as your name, email address, and telephone number, and demographic information, such as your age, gender, hometown, and interests, that you voluntarily give to us [when you send an email through the website]. You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain features of the website.

Use Of Your Information

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the website to:

- Assist law enforcement and respond to subpoena.
- Compile anonymous statistical data and analysis for use internally or with third-parties.
- Increase the efficiency and operation of the website.
- Monitor and analyze usage and trends to improve your experience with the website.
- Notify you of updates to the website.
- Perform other business activities as needed.
- Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
- Request feedback and contact you about your use of the website.
- Resolve disputes and troubleshoot problems.
- Solicit support for the website.

Disclosure Of Your Information

We will not rent or sell your Personal Information to other companies or individuals, unless we have your consent. We may use or disclose such information in any of the following limited circumstances:

  • We have your consent.
  • We need to enforce our Terms of Service.
  • We provide such information to trusted businesses or persons for the sole purpose of processing Personal Information on our behalf. When this is done, it is subject to agreements that oblige those parties to process such information only on our instructions and in compliance with this Policy and appropriate confidentiality and security measures.  If the third party fails to comply with our terms, Murdoch Rodrigue Archambault Avocats Inc. is not accountable in any way for any liability or reimbursement.
  • We provide such information to third parties who have entered into non-disclosure agreements with us.
  • We provide such information to a company controlled by, or under common control with, Murdoch Rodrigue Archambault Avocats Inc. for any purpose permitted by this Policy.
  • We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights, or the legal rights of others, or defend against legal claims.
  • We believe it is necessary to share Personal Information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Murdoch Rodrigue Archambault Avocats Inc. Terms of Use, or as otherwise required by law.
  • We transfer Personal Information about you if Murdoch Rodrigue Archambault Avocats Inc. is, or its assets are, acquired by or merged with another company.
  • We may share aggregated information with others without further notice. An example of this would be the number of people who used the Service in a given month or the total number of texts sent in a given week.

Security

Murdoch Rodrigue Archambault Avocats Inc. takes precautions to ensure the security of your Personal Information, including ensuring that our third-party service providers protect the security of your Personal Information. However, we cannot guarantee that hackers or unauthorized personnel will not gain access to your Personal Information despite our efforts. You should note that in using the Service, your information will travel through third party infrastructures which are not under our control.

We cannot protect, nor does this Policy apply to, any information that you transmit to other users. You should never transmit personal or identifying information to other users.

Children

The Service is not intended for children under 16, and Murdoch Rodrigue Archambault Avocats Inc. does not knowingly collect information from children under the age of 16.

Children aged 16 or older should not submit any Personal Information without the permission of their parents or guardians. By using the Service, you are representing that you are at least 18, or that you are at least 16 years old and have your parents’ permission to use the service.

Changes

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

Disclosure of your information

We will not rent or sell your personal information to other companies or individuals unless we have your consent. We may use or disclose this information in the following limited circumstances:

  • We have obtained your consent.
  • We need to enforce our Terms and Conditions of Use.
  • We provide this information to trusted businesses or individuals for the sole purpose of processing personal information on our behalf. When we do so, it is within the framework of agreements that require these parties to process this information only on our instructions and in accordance with this Policy and appropriate confidentiality and security measures. If the third party does not comply with our conditions, Murdoch Rodrigue Archambault Avocats Inc. is in no way responsible for any liability or reimbursement whatsoever.
  • We provide this information to third parties who have entered into non-disclosure agreements with us.
  • We provide this information to a company controlled by Murdoch Rodrigue Archambault Avocats Inc. Or under joint control with it, for any purpose permitted by this policy.
  • We respond to subpoenas, court orders, or legal proceedings, or to establish or exercise our legal rights, or the legal rights of others, or to defend ourselves against legal claims.
  • We believe that sharing personal information is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the terms of use of Murdoch Rodrigue Archambault Avocats Inc. or as required by law.
  • We transfer your personal information if Murdoch Rodrigue Archambault Avocats Inc. is, or if its assets are, acquired by or merged with another company.
  • We may share aggregate information with others without further notice. For example, the number of people who used the service in a given month or the total number of texts sent in a given week.

Safety

Murdoch Rodrigue Archambault Avocats Inc. takes precautions to ensure the security of your Personal Information, including by ensuring that our third party service providers protect the security of your Personal Information. However, we cannot guarantee that hackers or unauthorized personnel will not have access to your Personal Information despite our efforts. You should be aware that by using the service, your information will pass through third-party infrastructures over which we have no control.

We cannot protect information that you transmit to other users and this policy does not apply to that information. You should never give personal or identifying information to other users.

Children under 16

The Service is not intended for children under the age of 16 and Murdoch Rodrigue Archambault Avocats Inc. does not knowingly collect information from children under the age of 16.

Children aged 16 and over should not submit personal information without the permission of their parents or guardians. By using the Service, you represent that you are at least 18 years of age or that you are at least 16 years of age and that you have the permission of your parents to use the Service.

Changes

We may update this Privacy Policy from time to time to reflect, for example, changes in our practices or for other operational, legal, or regulatory reasons.

3. PRIVACY INCIDENT MANAGEMENT POLICY AND PROCEDURE

This Privacy Incident Management Policy and Procedure is provided in compliance with section 3.2 of the Act respecting the protection of personal information in the private sector, chapter P-39.1, the Regulation respecting confidentiality incidents, and an Act respecting the Barreau du Québec, chapter B-1 and its regulation.

Murdoch Rodrigue Archambault Avocats Inc. (“us”, “we”, “the Firm”, or “our”) is responsible for protecting the personal information it holds.

Personal information is confidential, except to the extent provided by law. Any person who, in the course of his or her duties, has access to personal information held by the Firm must take the necessary steps to ensure its protection and confidentiality. The present procedure determines the measures to be taken to reduce the risk of harm caused when such personal information is not adequately protected, and to prevent similar incidents from occurring in the future.

Objective and Normative Framework

This procedure specifies the steps to be taken when the Firm has reasonable grounds to believe that a confidentiality incident involving personal information held by it has occurred, or if such an incident is proven, in accordance with the Act respecting the protection of personal information in the private sector and the Regulation respecting confidentiality incidents.

Definitions

The definitions to be considered for the application of this procedure, which may be supplemented by any other regulation, policy, directive, or procedure referring to it, are as follows:

“Confidentiality incident”: access, use or disclosure of personal information not authorized by law, as well as its loss or any other form of breach of its protection.

“Personal information”: any information concerning a natural person that enables that person to be identified. A person's name, taken in isolation, is not personal information. However, when this name is associated or paired with other information concerning the same person, it becomes personal information.

“Sensitive personal information”: personal information is considered sensitive when, by its nature, such as medical, biometric, or otherwise intimate, or by the context of its use or disclosure, it gives rise to a high reasonable expectation of privacy.

Protection of Personal Information

The Firm implements appropriate and reasonable security measures to protect personal information against loss or theft, and against unauthorized access, disclosure, copying, use or modification. Only those staff members who absolutely must have access to personal information in the course of their duties are authorized to access it.

Persons who are members of the Firm’s staff or who work on its behalf must, in particular:

  • Make reasonable efforts to minimize the risk of unintentional disclosure of personal information;
  • Take special precautions to ensure that personal information is not monitored, overheard, accessed, or lost when working in premises other than the Firm's offices;
  • Take reasonable steps to protect personal information when moving from one location to another.

Report a Confidentiality Incident

Any person to whom the Firm communicates personal information (colleagues, suppliers, partners, experts, including subcontractors) must make a report when he or she has reasonable cause to believe that a confidentiality incident involving personal information held by the Firm has occurred. This report must be made without delay to the person responsible for the protection of personal information.

An employee of the Firm who has reasonable cause to believe that a confidentiality incident involving personal information held by the Firm has occurred must also notify his or her supervisor or the person responsible for the protection of personal information without delay.

Person Responsible for the Protection of Personal Information (Po): Roles and Responsibilities

The person responsible for the protection of personal information is the Firm's Privacy Officer ("PO"), Me Derrek Giroux-Lacasse. He can be reached at the following coordinates.

His role is to:

  • Contribute to the implementation of the confidentiality incident management process;
  • Maintain a register of confidentiality incidents that may have compromised information security, document these incidents and keep the Information Security Director and Corporate Secretary informed;
  • Contribute to information security risk analyses to identify threats and vulnerabilities and implement appropriate solutions.

In the event of a confidentiality incident, the PO takes charge of handling the incident and associates with any other useful person depending on the nature of the incident. In particular, the PO shall:

  • Assess the risk of harm being caused and determine the degree of severity. This assessment takes into account the sensitivity of the information concerned, the apprehended consequences of its use, and the likelihood of it being used for harmful purposes.
  • Notify, with due diligence, the person whose personal information is affected by the incident, when there is a risk that serious harm will be caused, except when this would be likely to hinder an investigation by a person or body that, under the law, is responsible for preventing, detecting, or repressing crime or breaches of the law. This notice must contain the following information:
    1. A description of the personal information affected by the incident or, if this information is not known, the reason why such a description cannot be provided;
    2. A brief description of the circumstances surrounding the incident;
    3. The date or period when the incident took place or, if this is not known, an approximation of this period;
    4. A brief description of the measures that the Firm has taken or intends to take following the incident, in order to reduce the risk of harm being caused;
    5. Measures suggested by the Firm to the person concerned to reduce the risk of harm being caused or to mitigate such harm;
    6. Contact details for further information about the incident.
  • Notify, where applicable, any person or organization likely to reduce the risk, communicating only the personal information required for this purpose, without the consent of the person concerned.
  • Promptly notify the Commission d'accès à l'information in writing of any confidentiality incident where there is a risk of serious harm being caused. The notice must contain the following information:
    1. The name of the Firm and the Quebec business number assigned to it under the Act respecting the legal publicity of enterprises;
    2. The name and contact details of the person to be contacted at the Firm regarding the incident;
    3. A description of the personal information affected by the incident or, if this information is not known, the reason why such a description cannot be provided;
    4. A brief description of the circumstances of the incident and, if known, its cause;
    5. The date or period when the incident took place or, if this is not known, an approximation of this period;
    6. The date or period during which the Firm became aware of the incident;
    7. The number of people affected by the incident and, of these, the number of people residing in Quebec or, if not known, an approximation of these numbers;
    8. A description of the factors that lead the Firm to conclude that there is a risk of serious harm to the individuals concerned, such as the sensitivity of the personal information concerned, the possible malicious uses of this information, the apprehended consequences of its use and the likelihood that it will be used for harmful purposes;
    9. The steps the Firm has taken or intends to take to notify individuals whose personal information is affected by the incident, as well as the date on which individuals were notified or the timeframe for completion;
    10. The measures that the Firm has taken or intends to take following the occurrence of the incident, in particular those aimed at reducing the risk of harm being caused or mitigating such harm and those aimed at preventing further incidents of a similar nature, as well as the timeframe in which the measures were taken or the timeframe for their implementation envisaged;
    11. Where applicable, a statement to the effect that a person or organization outside Quebec with responsibilities similar to those of the Commission d'accès à l'information with respect to the supervision of the protection of personal information has been notified of the incident.
  • Diligently notify the Firm's insurers, where applicable.
  • Record the confidentiality incident in the appropriate register.
  • Upon request from the Commission d'accès à l'information, provide a copy of this register.

Confidentiality Incident Register

The Firm must keep a register of confidentiality incidents.

The information contained in the register must be kept up to date and retained for the longer of the following two periods: a minimum of five years after the date on which the Firm became aware of the incident, or the period required by the Barreau du Québec for the retention of files.

Entry into Force

This procedure takes effect on September 1, 2023.