Act Respecting the Protection of Personal Information in the Private Sector (Law 25)
1. Context
As a law firm, Paquette & Associates Attorneys Inc. (“PAA“) collects, uses, and processes personal information while performing its activities. This Privacy Policy (the “Policy“) describes how we collect, use, protect, store, and destroy the personal information you provide when using our website or doing business with our firm.
2. Application and Definition
This policy applies to all company personnel and to all levels of management.
Personal information is defined as any information or combination of information that relates to a natural person and allows that person to be identified, including, but not limited to, name, address, e-mail address, telephone number, gender, banking information, medical information, ethnic origin, language, etc.
This policy applies to all personal information managed by PAA, whether it be about its potential or actual clients, employees, providers, or any other person.
However, an individual’s name, title, address, email address, or business telephone number are not considered personal information.
3. PAA’s Responsibilities
We are responsible for the protection of personal information we have in our possession.
Our Privacy Officer oversees the application of this Privacy Policy and related processes and procedures to protect personal information.
Each member of our staff who must deal with or has access to personal information, or who is involved—directly or indirectly—in the management of such information, has been properly instructed to ensure the protection of personal information and to manage it in accordance with this policy.
4. Collection, Use and Communication
PAA collects varying types of personal information while performing its activities, particularly in executing legal mandates.
PAA limits the collection, use, and disclosure of personal information to identified purposes. Personal information may only be consulted by certain authorized persons, and only for the purposes for which they have been designated.
PAA applies the following general principles to the collection, use, and disclosure of personal information:
Consent
- PAA collects personal information from various sources other than the person concerned, with their consent, while carrying out legal mandates. All personal information collected will be subject to this policy.
As a general rule, PAA must obtain the consent of the person concerned before collecting personal information from third parties, before disclosing it to third parties, or for any secondary use of this information. However, PAA may act without consent in certain circumstances and under the conditions provided for by the law.
Collection
- Collection of personal information is limited to that which is necessary to fulfill the purpose for which it is collected.
- PAA may collect personal information from third parties, without the consent of the person concerned, if it is:
- In the individual’s best interests and it is not possible to collect it from the individual in a timely manner.
- Necessary to ensure the accuracy of the information.
- Within the scope of a legal mandate.
Use
PAA may only use an individual’s personal information for the purposes identified in this document or for any other purpose indicated at the time of collection. If PAA wishes to use the information for any other reason or purpose, new consent must be obtained from the individual concerned, which must be expressly obtained if sensitive personal information is involved.
However, in certain circumstances provided for by law, PAA may use the information for secondary purposes without the consent of the person concerned, for example:
- When such use is clearly for the benefit of that person
- When necessary to prevent or detect fraud
- When necessary to evaluate or improve protection and security measures
Communication
As a general rule, and unless otherwise specified in this Policy or as required by law, PAA will obtain the consent of the individual before disclosing personal information to a third party. In addition, where consent is required and sensitive personal information is involved, PAA will obtain the individual’s express consent prior to disclosing the information.
Cookies & How We Use Them
A cookie is a small file which requests permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site.
Cookies allow web applications to respond to you as an individual. The web application can customize its operations to your preferences. The different types of cookies are:
- Necessary – Essential for the website to function properly. They ensure basic functionalities and security features. These cookies do not store personal information.
- Functional – Help perform certain functionalities like sharing content on social media, collecting feedback, and enabling other third-party features.
- Analytics – Used to understand how visitors interact with the website, providing information on metrics such as number of visitors, bounce rate, and traffic source.
- Performance – Analyze key performance indicators to deliver a better user experience.
- Advertisement – Provide visitors with relevant ads and marketing campaigns by tracking visitors across websites.
- Other – Uncategorized cookies that are still being analyzed.
Cookies may be accepted, customized, or declined in the cookies consent bar. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies. Denying cookies may prevent you from taking full advantage of the website.
5. Retention and Destruction of Personal Information
PAA will retain personal information only as long as necessary to complete the work for which it was collected. Personal information will be retained for a period of at least one year following the decision in question, or seven years after the end of the fiscal year in which the decision was made if it has tax implications.
PAA will ensure that personal information is destroyed or made anonymous at the end of the retention period, or when the information is no longer required. Destruction will be done in a secure manner to ensure protection of the information.
6. Data Security
PAA is committed to implementing reasonable security measures to protect personal information in its possession. Access to personal information is restricted so that only employees who need to have access to it are authorized to do so.
7. Access Rights, Rectification and Withdrawal of Consent
To exercise their access rights, rectification, or withdrawal of consent, applicants must submit a written request to PAA’s Privacy Officer. Individuals may request access to their personal information to make corrections.
They may demand that the diffusion of personal information cease or that any hyperlink attached to their name be de-indexed if the diffusion of this information contravenes the law or a court order. They may demand that the hyperlink be reindexed when certain conditions provided for by law are met.
Subject to applicable legal and contractual restrictions, they may withdraw their consent to the disclosure or use of the information collected.
The person concerned may ask PAA what personal information has been collected from them, what categories of people at PAA have access to it, and how long it will be kept.
Please note that in accordance with the laws governing the legal profession and corporate taxation, your personal information will only be destroyed 7 years after the date on which your file is closed.
8. Complaint Handling Process
Complaints must be made in writing to our Privacy Officer.
The individual should indicate their name, telephone number, and the reason for the complaint, providing sufficient detail for it to be evaluated by PAA. Our Privacy Officer may request any additional information deemed necessary to assess the complaint.
Any complaints will be treated confidentially within 30 days of receipt (or receipt of additional required information). If the complaint cannot be processed within this timeframe, the complainant will be informed of the reasons for the extension, the progress made, and the reasonable time required for a final response.
Each complaint constitutes a separate file, including the complaint itself, the analysis and documentation supporting its assessment, and the response sent to the complainant.
9. Privacy Officer
This policy is approved by PAA’s Privacy Officer.
If you have any requests, questions, or comments regarding this policy, please contact the Privacy Officer:
Me Jean-René Paquette
3535 Saint-Charles Blvd #600, Kirkland, Québec H9H 5B9
jrpaquette@paquette.legal
10. Policy Modification
PAA reserves the right to modify this policy at any time. Modifications will take effect immediately upon publication on its website: www.paquette.legal.