PRIVACY POLICY

1. Background

Dema Notaires Inc. is a for-profit legal entity that processes personal information in the course of its business activities. This policy is intended to ensure the protection of personal information and to provide guidelines on how Dema Notaires Inc. collects, uses, discloses, retains, and destroys personal information or otherwise manages it. In addition, it is intended to inform any interested person about how Dema Notaires Inc. processes their personal information. It also covers the processing of personal information collected by Dema Notaires Inc. by technological means.

2. Application and definitions

This policy applies to Dema Notaires Inc., including its officers, employees, consultants, volunteers, and any other person who otherwise provides services on behalf of Dema Notaires Inc. It also applies to the Dema Notaires Inc. website and all websites controlled and maintained by Dema Notaires Inc. It covers all types of personal information managed by Dema Notaires Inc., whether it is information about its clients, potential or current, its consultants, its employees, its members, or any other persons (such as visitors to its websites or other sites). For the purposes of this policy, personal information is information that relates to a natural person and that allows that person to be identified, directly or indirectly. For example, it could be a person's name, address, email address, phone number, gender, or banking information, as well as information about their health, ethnicity, language, etc. Sensitive personal information is information for which there is a high degree of reasonable expectation of privacy, such as health information, banking information, biometric information, ethnicity, political opinions, religious or philosophical beliefs, etc.

In general, a person's professional or business contact information does not constitute personal information, for example, a person's name, title, address, email address, or work phone number. More specifically and for the sake of clarity, within the meaning of Quebec's Act respecting the protection of personal information in the private sector, and as of September 22, 2023, sections 3 (collection, use, disclosure), 4 (retention and destruction), and 6 (data security) do not apply to information about a person relating to the performance of a function in a business, such as their name, title, position, and the address, email address, and telephone number of their workplace. In addition, these same paragraphs do not apply to personal information that is public in nature under the law, effective as of the date this policy comes into force.

3. Collection, use, and disclosure

In the course of its activities, Dema Notaires Inc. may collect various types of information for different purposes. The types of information that Dema Notaires Inc. may collect, their use (or intended purpose), and the means by which the information is collected are set out in Appendix A of this policy.

Dema Notaires Inc. will also inform individuals, at the time of collection of personal information, of any other information collected, the purposes for which it is collected, and the means of collection, in addition to other information required by law.

Dema Notaires Inc. applies the following general principles with respect to the collection, use, and disclosure of personal information:

Consent:

In general, Dema Notaires Inc. collects personal information directly from the individual concerned and with their consent, unless an exception is provided for by law. Consent may be obtained implicitly in certain situations, for example, when the individual decides to provide their personal information after being informed by this policy about its use and disclosure for the purposes indicated therein (see Appendix A for more details). Thus, this policy and the information it contains may be consulted by the individual concerned at the time of collection of personal information. Normally, Dema Notaires Inc. must also obtain the consent of the individual concerned before collecting their personal information from a third party, before disclosing it to third parties, or for any secondary use of such information. However, Dema Notaires Inc. may act without consent in certain cases provided for by law and under the conditions set out therein. The main situations in which Dema Notaires Inc. may act without consent are indicated in the relevant sections of this policy.

Collection:

In all cases, Dema Notaires Inc. collects information only if it has a valid reason to do so. Furthermore, the collection will be limited to the information necessary to fulfill the intended purpose. Please note that the services and programs of Dema Notaires Inc. are not intended for minors, and more generally, Dema Notaires Inc. does not intentionally obtain personal information about minors (in such cases, information cannot be collected from them without the consent of a parent or guardian). Collection from third parties. Dema Notaires Inc. may collect personal information from third parties. Unless otherwise provided by law, Dema Notaires Inc. will seek the consent of the individual concerned before collecting personal information about them from a third party. In cases where such information is not collected directly from the individual but from another organization, the individual concerned may request the source of the information collected from Dema Notaires Inc.

In certain situations, Dema Notaires Inc. may also collect personal information from third parties without the consent of the individual concerned if it has a serious and legitimate interest in doing so and a) if the collection is in the individual's interest and it is not possible to obtain the information from the individual in a timely manner, or b) if the collection is necessary to ensure that the information is accurate.

Retention and use:

Dema Notaires Inc. ensures that the information it holds is up to date and accurate at the time it is used to make a decision about the individual concerned. Dema Notaires Inc. may only use an individual's personal information for the reasons indicated herein or for any other reasons provided at the time of collection. As soon as Dema Notaires Inc. wishes to use this information for another reason or purpose, new consent must be obtained from the individual concerned, which must be obtained expressly in the case of sensitive personal information. However, in certain cases provided for by law, Dema Notaires Inc. may use the information for secondary purposes without the individual's consent, e.g.: when such use is clearly for the benefit of that individual; when it is necessary to prevent or detect fraud; when it is necessary to evaluate or improve security and safety measures. Limited access. Dema Notaires Inc. must implement measures to limit access to personal information to only those employees and individuals within its organization who have a need to know and for whom this information is necessary in the performance of their duties. Dema Notaires Inc. will seek the individual's consent before granting access to any other person.

Communication:

Generally, and unless an exception is indicated in this policy or otherwise provided for by law, Dema Notaires Inc. will obtain the consent of the individual concerned before disclosing their personal information to a third party. In addition, when consent is required and the information is sensitive personal information, Dema Notaires Inc. must obtain the individual's explicit consent before disclosing the information. However, the disclosure of personal information to third parties is sometimes necessary. Personal information may be disclosed to third parties without the consent of the individual concerned in certain cases, including, but not limited to, the following:

Dema Notaires Inc. may disclose personal information, without the consent of the individual concerned, to a public body (such as the government) that, through one of its representatives, collects it in the exercise of its powers or the implementation of a program under its management.

If necessary for the purposes of concluding a commercial transaction, Dema Notaires Inc. may also disclose personal information without the consent of the individual concerned to the other party to the transaction, subject to the conditions provided for by law.

Disclosure outside Quebec:

Personal information held by Dema Notaires Inc. may be disclosed outside Quebec, for example, when Dema Notaires Inc. uses cloud service providers whose servers are located outside Quebec or when Dema Notaires Inc. does business with subcontractors located outside the province.

Additional information on the technologies used :

Use of Google Analytics

Some Dema Notaires Inc. websites (including www.dema-notaires.com) use Google Analytics to enable continuous improvement. Google Analytics allows us to analyze how visitors interact with Dema Notaires Inc. websites. Google Analytics uses cookies to generate statistical reports on visitor behavior on these websites and the content viewed. Information from Google Analytics will never be shared by Dema Notaires Inc. with third parties. It is possible to install a browser add-on to disable Google Analytics. Other technological means used Dema Notaires Inc. also collects personal information through technological means such as web forms integrated into a website controlled by Dema Notaires Inc. (e.g., its contact form, its form for obtaining quotes and booking appointments), questionnaires accessible online on its platforms and applications, as well as other platforms or form tools (e.g., Microsoft Forms). If Dema Notaires Inc. collects personal information by offering a technological product or service that has privacy settings, Dema Notaires Inc. must ensure that these settings offer the highest level of privacy by default (cookies are not included).

4. Retention and destruction of personal information

Unless a minimum retention period is required by applicable law or regulation, Dema Notaires Inc. will retain personal information only for as long as necessary to fulfill the purposes for which it was collected. Personal information used by Dema Notaires Inc. to make a decision about an individual must be retained for at least one year after the decision in question or even seven years after the end of the fiscal year in which the decision was made if it has tax implications, for example, the circumstances of termination of employment.

At the end of the retention period or when personal information is no longer needed, Dema Notaires Inc. will ensure that:

to destroy them; or
anonymize them (i.e., they no longer allow the person to be identified in an irreversible manner, and it is no longer possible to establish a link between the person and the personal information) for use for serious and legitimate purposes.

The destruction of information by Dema Notaires Inc. must be done securely to ensure the protection of this information.

This section may be supplemented by any policy or procedure adopted by Dema Notaires Inc. regarding the retention and destruction of personal information, if applicable. Please contact the privacy officer at Dema Notaires Inc. (listed in this policy) for more information.

5. Responsibilities of Dema Notaires Inc.

In general, Dema Notaires Inc. is responsible for protecting the personal information it holds. The person responsible for protecting personal information at Dema Notaires Inc. is the organization's director of operations. He or she is generally responsible for ensuring compliance with applicable legislation concerning the protection of personal information. The officer must approve the policies and practices governing the management of personal information. More specifically, this person is responsible for implementing this policy and ensuring that it is known, understood, and applied. In the event of the absence or inability to act of this officer, the president of Dema Notaires Inc. will assume the duties of the privacy officer.

Members of the staff of Dema Notaires Inc. who have access to personal information or are otherwise involved in its management must ensure its protection and comply with this policy. The roles and responsibilities of Dema Notaires Inc. employees throughout the life cycle of personal information may be specified by any other Dema Notaires Inc. policy in this regard, if applicable.

6. Data security

Dema Notaires Inc. is committed to implementing reasonable security measures to ensure the protection of the personal information it manages. The security measures in place correspond, among other things, to the purpose, quantity, distribution, medium, and sensitivity of the information. This means that information that can be considered sensitive (see the definition in section 2) must be subject to greater security measures and must be better protected. In particular, and in accordance with what was mentioned above regarding limited access to personal information, Dema Notaires Inc. must implement the necessary measures to impose restrictions on the rights to use its information systems so that only employees who need access are authorized to do so.

7. Rights of access, rectification, and withdrawal of consent

To exercise their rights of access, rectification, or withdrawal of consent, the individual concerned must submit a written request to that effect to the privacy officer at Dema Notaires Inc., at the email address indicated in the following section.

Subject to certain legal restrictions, individuals may request access to their personal information held by Dema Notaires Inc. and request that it be corrected if it is inaccurate, incomplete, or ambiguous. They may also request that the dissemination of personal information concerning them be stopped or that any hyperlink attached to their name allowing access to this information by technological means be de-indexed, when the dissemination of this information contravenes the law or a court order. They may do the same, or require that the hyperlink providing access to this information be reindexed, when certain conditions provided for by law are met.

The privacy officer at Dema Notaires Inc. must respond in writing to these requests within 30 days of receiving them. Any refusal must be justified and accompanied by the legal provision justifying the refusal. In such cases, the response must indicate the remedies available under the law and the time limit for exercising them. The officer must help the requester understand the refusal if necessary. Subject to applicable legal and contractual restrictions, individuals may withdraw their consent to the disclosure or use of the information collected. They may also ask Dema Notaires Inc. what personal information has been collected about them, the categories of individuals at Dema Notaires Inc. who have access to it, and how long it will be retained.

8. Complaint handling process

Receipt

Anyone wishing to file a complaint regarding the application of this policy or, more generally, the protection of their personal information by Dema Notaires Inc., must do so in writing by contacting the privacy officer at Dema Notaires Inc. at the email address indicated in the following section. The individual must provide their name, contact information, including a telephone number, as well as the subject and reasons for their complaint, providing sufficient details for it to be evaluated by Dema Notaires Inc. If the complaint is not sufficiently specific, the Privacy Officer may request any additional information deemed necessary to assess the complaint. Processing Dema Notaires Inc. undertakes to treat all complaints received as confidential. Within 30 days of receiving the complaint or all additional information deemed necessary and required by the privacy officer of Dema Notaires Inc. to process it, the privacy officer must assess the complaint and provide a reasoned response in writing by email to the complainant. This assessment will determine whether Dema Notaires Inc.'s processing of personal information complies with this policy, any other policies and practices in place within the organization, and applicable legislation or regulations. If the complaint cannot be processed within this time frame, the complainant must be informed of the reasons for the extension, the status of the complaint, and the reasonable time required to provide a final response. Dema Notaires Inc. must create a separate file for each complaint it receives. Each file contains the complaint, the analysis and supporting documentation for its assessment, and the response sent to the person who filed the complaint. It is also possible to file a complaint with the Commission d'accès à l'information du Québec (Quebec Access to Information Commission) or any other personal information protection oversight body responsible for enforcing the law related to the subject of the complaint. However, Dema Notaires Inc. invites any interested person to first contact its privacy officer and wait until Dema Notaires Inc. has completed its review process.

9.Approval

This policy is approved by the privacy officer of Dema Notaires Inc., whose business contact information is as follows:

Privacy Officer:

Kler Dema

1532-555 Chabanel Street West, Montreal, Quebec, H2N 2J2

info@dema-notaires.com

For any requests, questions, or comments regarding this policy, please contact the officer by email.

10. Publication and amendments

This policy is published on the Dema Notaires Inc. website, as well as on all websites controlled and maintained by Dema Notaires Inc. to which this policy applies, in relation to the personal information collected on those sites. This policy is also disseminated by any means appropriate to reach the individuals concerned. Dema Notaires Inc. must also do the same for any amendments to this policy, which must also be notified to the individuals concerned.

*Notes: Please note that the use of the masculine gender is intended to simplify this policy and make it easier to read.

Appendix A

Here is a non-exhaustive list of the types of information that Dema Notaires Inc. may collect, how it is used, or the purpose for which it is used, as well as the means by which the information is collected. This includes, but is not limited to, the following items.

Clients

Name
Adress
Email
Phone
Profession
Marital status
Identification documents
NAS
NAM
Banking information
Wills, powers of attorney, and proxies
Verifying customer identity
Future correspondences
Generate contracts with accurate information and proof
Requirements of the Quebec Notary Chamber
By phone
SMS
By email
By secure document transfer
Online forms
In person

Employee/Collaborators

Name
Adress
Date of birth
NAS
NAM
Bank details
Email
Phone
Payments
Health and safety
Correspondence
Quebec income requirement and Canada income requirement
By phone
By email
In person

Job applicant

Name
Address
Email
Phone
CV
Correspondence
By email
Online form
Third parties