Privacy policy and user agreement

Thank you for visiting our website and reading its user agreement and confidentiality policy (hereinafter the Policy). Our website address is: https://heleneguay.com/

This website and its contents (the “Site”) are the property of HÉLÈNE GUAY AVOCATE and may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used without the prior written permission of HÉLÈNE GUAY AVOCATE.

By accessing and using this site, the user agrees to be bound by this use agreement and understands and undertakes to respect all the conditions of use presented below. By using our website, you acknowledge having read and understood this policy and consent to your data and personal information being processed by it, where applicable.

This privacy policy and user agreement consists of the following elements:

1. Copyrights and trademarks;
2. Purposes of the Privacy Policy;
3. Entry into force;
4. Methods for obtaining consent;
5. Objectives of data collection;
6. Use of cookies and analytical tools;
7. Personal information collected;
8. Security of your personal information;
9. Limitation of Liability;
10. Accessibility and technical failures of the Site;
11. Disclaimer;
12. Disclaimer for links to other websites;
13. Applicable Laws;
14. Updates.

1. Copyrights and trademarks

All information contained on the Site is protected under copyright laws. Users of this Site are not authorized to copy the content for any use whatsoever, whether of a personal or professional nature. It is strictly prohibited to redistribute, reproduce, publish, save on any medium, retransmit or modify information it contains without the written permission of HÉLÈNE GUAY AVOCATE.

All trademarks and logos (including names, words, slogans, titles, designs, illustrations and icons) appearing on this Site are trademarks of HÉLÈNE GUAY AVOCATE. Any use of these is strictly prohibited without the prior written authorization of HÉLÈNE GUAY AVOCATE. The unauthorized downloading, retransmission, copying or modification of any of the trademarks, service marks or content, in whole or in part, of this Site constitutes a violation of applicable laws of copyrights and trademarks, and the author of these infringements may be subject to legal action.

HÉLÈNE GUAY AVOCATE formally prohibits the use of its logos as external links to any other website without its prior written authorization. No mention appearing on the Site or elsewhere should be interpreted in such a way as to grant, by implication or otherwise, a license or right of use over the intellectual property to HÉLÈNE GUAY AVOCATE.

2. Privacy policy objectives:

Respect for privacy and the protection of personal information are essential to us, which is why, through this Policy, we intend to protect them in accordance with the laws in force. To ensure this protection, HÉLÈNE GUAY AVOCATE undertakes to only collect, process and share information allowing the identification of an individual when the latter has consented, unless this is permitted or required by law, in which case your consent will not be necessary. The purpose of the Policy is to inform users of the reasons and how HÉLÈNE GUAY AVOCATE, or any person acting on its behalf, collects and uses their personal information. It is intended to be in clear language to ensure informed consent from users.

For this Policy, “personal information” means any information about an identifiable person or allowing a person to be identified. Where possible, we will anonymize, pseudonymize and/or aggregate these so that they no longer identify an individual.

3. Entry into force

This Policy applies from September 22, 2023, and replaces any previous Privacy Policy.

4. Methods for obtaining consent

HÉLÈNE GUAY AVOCATE undertakes to obtain consent before collecting an individual’s personal information. Consent may be express or implied and may be provided directly by the individual or their authorized representative.

We prioritize obtaining explicit consent, whether verbally, electronically or in writing. However, implied consent can be reasonably inferred from a person’s action or inaction. For example, providing a name and address to receive a publication or a name and telephone number to obtain a response to a question is considered implied consent to the collection of information containing personal information.

5. Objectives of data collection

The information collected is in accordance with the purposes and objectives set out in this confidentiality policy.

Here are some reasons why we collect your personal information:

• To provide services: we will collect and process the data and information necessary to fulfill our mission and contractual obligations.
• To ensure and improve these services: the data collected during your interactions with our services may be used to analyze and improve the functioning of our services.
• To offer personalized the services: the collection and analysis of data generated by your interactions with our services allows us to develop and create products and services that are relevant and that meet expectations, notably to predict adaptation measures for user that require some.
• To protect the privacy of our users. The data collected allows us to verify the identity and protect the privacy of people who communicate with us by telephone, electronically or otherwise.
• To satisfy legal obligations. The data is collected to meet obligations arising from laws, regulations or international treaties.

6. Use of cookies and analytical tools

“The Site” uses cookies. A cookie is a file containing an identifier (a string of letters and numbers) sent by a web server to a web browser and stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies can be “persistent” or “session”: a persistent cookie is stored by the browser and remains valid until its expiration date unless deleted by the user before that expiration date; As for a session cookie, it expires at the end of the user session, when the browser is closed.

Cookies generally do not contain any information that personally identifies a user, but personal information that we store about you may be linked to information stored in and obtained by cookies. We use session cookies and persistent cookies on our website. The data exchanged are as follows:

• identification of your Internet service provider;
• your IP address;
• the type of browser and operating system you use;
• the pages you visit;
• the date and time you access these pages;
• the address of the referring site, if you access this site from another website.

The names of the cookies we use on our website and the purposes for which we use them are described below:

Google Analytics

HÉLÈNE GUAY AVOCATE uses Google Analytics which, using cookies, collects information concerning your browsing on this site, which is stored on servers located particularly in the United States. Google may communicate this information to third parties in the event of a legal obligation or when these third parties process the data on its behalf.

The information collected by the tool is, for example, the pages you consult, the date, time, duration and frequency of your visits as well as the links on which you click. The type of operating system on your computer and its language, the name of your Internet service provider and your geographic location (region) are also part of the information collected. Your IP address is also collected, but it is anonymized (truncated) to ensure the confidentiality of information about you. Anonymizing an IP address prevents the identity of an Internet user from being known through it.

Google only uses the information collected to produce statistics and reports on navigation on this site, which allows the Ministry of Labor, Employment and Social Solidarity to improve its electronic delivery of services. Google will under no circumstances link the information collected on this site with any other data it stores.

If you wish, you can prevent Google from recording information about your browsing by installing the Google Analytics deactivation browser add-on on your computer.

Most browsers allow you to refuse or accept cookies. Blocking all cookies will have a negative impact on the use of our site. If you block cookies, you may not be able to use the site’s recognition features.

7. Personal information collected

HÉLÈNE GUAY AVOCATE may collect personal information in various forms but will only do so by lawful means and only for the necessary purposes disclosed to you, as described in this Policy, or when permitted or required by law.

The personal information collected, as well as its sensitivity, may vary depending on the context in which the interactions between you and HÉLÈNE GUAY AVOCATE take place. This is why we must first inform you of the nature of the personal information we use.

We protect all personal information collected. Among the personal information that may be collected and used, we pay particular attention to:

• name and contact details: we keep the first and last name, email address, postal address, telephone number and other similar data used to communicate with you when you complete an information form.
• subscription data: we keep information about your subscription to our newsletter.

8. Security of your personal information

HÉLÈNE GUAY AVOCATE takes reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information. All personal information you provide to us is stored on secure servers (password and firewall-protected).

You hereby acknowledge that the transmission of information over the Internet is inherently insecure and that we cannot guarantee the security of your data sent over the Internet.

In practice, by visiting “The Site” you expressly express in advance your agreement for us to use your personal information for marketing purposes or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.

If you would like your information deleted or modified in any way, please contact the person responsible for protecting privacy:

Me Hélène Guay
Attorney
200 Laurier West, Suite 300
Montréal (Québec) H2T 2N8

9. Limitation of liability

Use and navigation of the Site is at your own risk. If you are dissatisfied with any information contained in the Site or with these terms, your sole and exclusive remedy is to discontinue accessing and using the Site.

HÉLÈNE GUAY AVOCATE, its employees, legal heirs or other third parties, cannot be held liable to any person or company for any harm, loss or direct, indirect, special or punitive damage that could result directly or indirectly from access, use or the consequences of use of the Site or the information it contains, the inability to use this Site or this information or the malfunction of this site, including any damage direct, indirect, individual or to a third party.

HÉLÈNE GUAY AVOCATE cannot be held responsible for the acts, omissions or behaviour perpetrated by any user or third party.

10. Accessibility and technical failures of the Site

HÉLÈNE GUAY AVOCATE cannot guarantee that this Site will be available, nor that access to it will not be interrupted, that there will be no delays, failures, errors, omissions or loss of transmitted information, nor that no virus or other contaminating element will be transmitted, nor that any damage will be caused to your computer system, despite all usual precautions being taken for its maintenance.

HÉLÈNE GUAY AVOCATE declines all liability for any damage resulting from the use of the Site. This express disclaimer includes damages caused by viruses or any other computer software or malfunction that may infect, harm, or damage your computer’s hardware, software, memory, or other property belonging to you or others, even, after accessing, using or browsing this Site.

It is strictly prohibited to send, publish or otherwise transmit any content or material that contains viruses or that may cause interruption, damage or limit the functionality of the Site or servers connected to the Site. You also agree not to conduct yourself in a derogatory manner or use the HÉLÈNE GUAY AVOCATE site for any unlawful, illegal, obscene, defamatory, discriminatory or otherwise harmful or objectionable purpose.

11. Disclaimer

The Site and the information, as well as any communication relating thereto, are provided without any representation or guarantee, express or implied, of any nature whatsoever, including, but not limited to, any guarantee as to their quality merchantability or their suitability for a particular use.

The information provided on the Site may be suitable for different uses in all circumstances or applications and therefore cannot be interpreted as applying to your situation. By using this Site, you agree that you are solely responsible for the use of any such advice, information, statements or information provided and that you do so at your own risk.

12. Disclaimer for links to other websites

Links to other websites or references to products, services and publications other than those of HÉLÈNE GUAY AVOCATE are provided for the convenience of users only and do not imply that HÉLÈNE GUAY AVOCATE approves these websites, their contents or their confidentiality policies, nor that it guarantees them. These sites were developed independently of HÉLÈNE GUAY AVOCATE and we cannot be responsible for the accuracy, completeness or authenticity of the content and functionality thereof. Establishing a link to any other site is at your own risk and HÉLÈNE GUAY AVOCATE is not liable for any damage relating to such links.

The provisions set forth under the heading “Limitation of Liability” and “Disclaimer” of this agreement apply, with necessary modifications, to your access to other sites, their use, products, services and content.

13. Applicable laws

The Site is governed by the laws in force in the province of Québec, Canada, and subject to the application thereof without giving effect to any principle relating to the conflict of laws. Any user who chooses to access the Site from other countries does so on their own initiative and is responsible for compliance with local laws. Consequently, the courts of the province of Québec, Canada, have exclusive jurisdiction over any suit, action or procedure resulting from the use of this site or relating to it. You hereby irrevocably acknowledge the original and exclusive jurisdiction of these courts concerning any dispute. If any provision hereof shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity or enforceability of any remaining provisions.

14. Updates

This notice may be updated and modified without notice, at the sole discretion of HÉLÈNE GUAY AVOCATE. Therefore, it is the user’s responsibility to read its terms when accessing the Site. No user or visitor to the Site may modify this agreement and/or add new provisions in any way.