TERMS OF USE, DATA PROTECTION AND CONFIDENTIALITY
Welcome to www.scriptalegal.com (hereinafter referred to as the "Site" for the purposes hereof). The services offered through the Site are provided by La Société Scripta Legal inc., which operates the Site, subject to the terms of use set out below (hereinafter referred to as the "Terms of Use"), which also include the policies on the protection of personal information and privacy and the confidentiality policy, all of which appear in the "Legal Notices" section of the Site. Les Logiciels Scripta Legal inc. holds full, exclusive and perpetual ownership of the Site. However, the Site is operated and marketed solely by La Société Scripta Legal inc., since Les Logiciels Scripta Legal inc. has granted it a non-exclusive licence to use, operate and market the Site and its Content (hereinafter referred to as the "Licence"). The Site's domain name, www.scriptalegal.com, belongs exclusively and perpetually to Les Logiciels Scripta Legal inc., which reserves its exclusive use and has authorized La Société Scripta Legal inc. to use it under the Licence.
The Site contains text, general legal information, templates for contracts, documents and resolutions, legal writings, data, interactive questionnaires and documents, images, graphics, photographs, audio and video excerpts, and other materials, including the Site's interactive features, software, source code, computer programs and databases required for its proper operation (collectively referred to hereinafter as the "Content"). These are provided to make the Site's services available to you. In particular, the services provide interactive questionnaires that you complete based on facts within your personal knowledge relating to your particular legal situation, and from which the legal documents you select will be generated. You must complete these interactive questionnaires to obtain your selected service on the Site and, accordingly, you consent to providing your answers as described in these Terms of Use.
La Société Scripta Legal inc. now also offers Site users the ability to execute certain technological notarial acts by videoconference.
PART 1
GENERAL TERMS OF USE
SECTION A - ACCESS TO AND USE OF THE SITE
Whether you access the Site, use its services, open a client account, download any Content or document from the Site's platform, or upload any document or material to the Site, you agree to be bound by and comply with these Terms of Use. They include the policies on the protection of personal information and privacy and the confidentiality policy, which form an integral part of the Terms of Use and appear in the Site's "Legal Notices" section. These Terms of Use constitute an agreement between you, La Société Scripta Legal inc. and the Site solely by virtue of your use of or access to the Site. Indeed, merely accessing the Site subjects you to these Terms of Use and to the obligations imposed herein on each Site user. If you do not wish to be bound by these Terms of Use, you must refrain from accessing the Site.
These Terms of Use, including La Société Scripta Legal inc.'s personal-information-protection, privacy and confidentiality policies, create binding legal obligations between you, La Société Scripta Legal inc. and the Site and constitute the entire agreement among them. However, no agency, partnership, joint venture or principal-agent relationship concerning documents generated or issued instantly on the Site is created between you, La Société Scripta Legal inc. and the Site by these Terms of Use, unless a prior written agreement to that effect exists between you, La Société Scripta Legal inc., the Site and Les Logiciels Scripta Legal inc. In fact, no mandate arises hereunder unless the service requested by a Site user involves human intervention by La Société Scripta Legal inc. requiring processing time, as may occur, for example, with a technological notarial act or a testamentary search.
For clarity, these Terms of Use also apply to users who do not open a client account on the Site, simply because they have accessed it.
This agreement takes effect for an indefinite period as soon as you use or access the Site. Your use of, or mere access to, the Site constitutes acceptance of these Terms of Use and all related policies, conditions and rules. Accordingly, you consent to the collection, use, retention, disclosure, transmission where applicable, and protection of your personal information in accordance herewith.
The following provisions survive any termination of these Terms of Use: (a) Part 8, "Restrictions on Use of the Site", including "Monitoring Use of the Site" in Section E of Part 8; (b) Section A of Part 9, "No Warranty, Including with Respect to Any Obligation to Achieve a Result, and Limitation of Liability"; (c) Section B of Part 9, "Disclaimer"; (d) Section A of Part 10, "Limitation of Liability"; and (e) Section B of Part 10, "Indemnification", as well as any other provision that La Société Scripta Legal inc. may add to the Terms of Use from time to time and that is intended to survive their termination.
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY REGARDING THE TERMS OF USE OF LA SOCIÉTÉ SCRIPTA LEGAL INC. APPLICABLE TO THE SITE.
BY CLICKING "I HAVE READ AND ACCEPT THE TERMS OF THE USER LICENCE" WHEN YOU WISH TO OPEN A CLIENT ACCOUNT ON THE SITE, YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE, THAT YOU CONSENT TO THEM IN THEIR ENTIRETY AND AGREE TO BE BOUND BY THEM AND ALL POLICIES, CONDITIONS AND RULES RELATING TO THE SITE. YOU ALSO ACCEPT THE NON-EXCLUSIVE LICENCE TO USE THE SITE GRANTED TO YOU BY LA SOCIÉTÉ SCRIPTA LEGAL INC. UNDER THE LICENCE THAT IT HOLDS AS A RESULT OF THE GRANT MADE TO IT BY LES LOGICIELS SCRIPTA LEGAL INC. YOU MAY THEN OPEN A CLIENT ACCOUNT ON THE SITE.
BY MERELY ACCESSING OR BROWSING THE SITE, YOU ALSO AGREE AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE, AGREE TO BE BOUND BY THEM, CONSENT TO THEM AND UNDERTAKE TO COMPLY WITH THEM AT ALL TIMES, INCLUDING THE PERSONAL-INFORMATION-PROTECTION AND CONFIDENTIALITY POLICIES.
HOWEVER, IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE PROHIBITED FROM USING OR ACCESSING THE SITE AND MUST LEAVE IT IMMEDIATELY.
BY CLICKING "I HAVE READ AND ACCEPT THE TERMS OF THE USER LICENCE" WHEN OPENING A CLIENT ACCOUNT ON THE SITE, you also acknowledge that any referral to or use of a service that may have been offered to you by a business partner of La Société Scripta Legal inc. operating in financial services, insurance or any other business sector, or by its members or affiliated brokers, shall not, at any time or under any circumstances, give rise to legal liability on their part.
Whenever you use any service currently or subsequently offered on the Site, or access the Site or the website of any affiliated company, whether or not it is listed on the Site, you are also bound by the terms and conditions governing that service or company.
By agreeing to comply with these Terms of Use of La Société Scripta Legal inc., you acknowledge that the services offered on the Site are for your personal use only, that any commercial use is strictly prohibited and that any use by a third party of, or sharing with a third party, your Site username and password is also strictly prohibited. Failure to comply with these requirements may result in immediate suspension of your client account.
If you create or use a client account on the Site in the name of a legal entity, you represent to La Société Scripta Legal inc. that you are authorized to act on its behalf and have authority to bind it to these Terms of Use. Such an account shall be deemed to be owned and controlled by that legal entity.
SECTION B - USE OF VIRTUAL SERVERS
To provide users with the Site's services as securely as possible, La Société Scripta Legal inc. uses virtual dedicated servers, also known as virtual servers. These are virtual machines that host the Site's entire Content, the software and operating system used by the Site, as well as databases and personal information collected. A virtual server is a simulated server hosted on a physical hosting server, whose function is to manage and ensure the proper operation of all the virtual servers it hosts.
The Site's virtual servers are hosted on a physical server located in Canada. They are independent of and are not linked to any other virtual servers that may be hosted on the same physical server through its division into several virtual servers. Using virtualization technology, the Site's virtual servers have all the characteristics of standard dedicated servers. La Société Scripta Legal inc. has chosen virtual servers because their use provides greater security on the Internet and greater reliability for the services it offers.
All requirements in these Terms of Use that apply to the Site concerning personal information collected by La Société Scripta Legal inc. also apply to the company providing hosting services for the Site's virtual servers, since that company has entered into an agreement with La Société Scripta Legal inc. imposing similar obligations.
Although La Société Scripta Legal inc. uses hosting services provided by a specialized Canadian company for the operation of the Site's virtual servers, La Société Scripta Legal inc. exclusively holds all rights required to operate and manage the Site's virtual servers, which are hosted on that company's physical server.
For the purposes hereof, the expression "the Site's servers" is used throughout, even though La Société Scripta Legal inc. uses virtual servers to operate the Site.
SECTION C - PARTICULAR FEATURES OF THE SITE
User Services
If you have a question about how the Site operates or wish to make a complaint concerning services offered through the Site, you may contact La Société Scripta Legal inc. using the information on the webpage entitled "Contact Us".
Newsletters Sent by La Société Scripta Legal inc.
Subscription to newsletters sent by La Société Scripta Legal inc. is entirely open to the public. There is no prior subscription approval process. Users subscribe independently and may unsubscribe whenever they wish. If you choose to subscribe, La Société Scripta Legal inc. will collect your email address, which will be used to send the newsletters you requested. La Société Scripta Legal inc. may also use that address to send commercial prospecting emails, while complying with Canada's anti-spam legislation.
La Société Scripta Legal inc. may obtain your email address in three ways: (1) when you subscribe to our newsletter; (2) when you open a client account and select the "newsletter" checkbox; and (3) when you have a purchase history on the Site, allowing us to send you emails for a certain period in accordance with Canada's anti-spam legislation.
No personal information or other information collected on the Site in connection with a newsletter subscription will be disclosed to third parties. Nor will La Société Scripta Legal inc.'s subscriber list ever be sold or rented to third parties.
Ownership and Operation of the Site
Les Logiciels Scripta Legal inc. holds full, exclusive and perpetual ownership of www.scriptalegal.com. However, under the Licence granted by Les Logiciels Scripta Legal inc., La Société Scripta Legal inc. may use, operate and market the Site, all Content on the Site, the name "Scripta Legal" and La Société Scripta Legal inc.'s logo, the domain name "www.scriptalegal.com", and trademarks associated with the Site. It may likewise use and operate all Content created and added to the Site in the future and may use and operate the Site as it evolves. Under the Licence, La Société Scripta Legal inc. alone has and will continue to have legal responsibility for all legal aspects of the Site's Content and for the information-technology aspects of the Site and its Content. All interactive documents, contract templates and legal documents currently forming part of the Site's Content, or added to it in the future, have been and will be prepared by notaries and lawyers. An exception applies to certain sections of the Site's Frequently Asked Questions (FAQ), whose content was developed with the assistance of artificial intelligence and subsequently reviewed and validated by notaries or lawyers.
As operator of the Site, La Société Scripta Legal inc. undertakes at all times, in accordance with its applicable policies, to protect and preserve the confidentiality of personal information that you provide or transmit on the Site, including when it discloses or transmits that information to third parties, subcontractors or service providers to perform specific tasks on its behalf in connection with services you have selected, always on the basis of the information-protection and confidentiality terms of use stated on their respective websites.
Furthermore, all directors, employees, representatives and freelancers of La Société Scripta Legal inc., as well as persons involved in the Site's operations and functioning, have entered into a confidentiality agreement with La Société Scripta Legal inc., except for professionals governed by the Professional Code or their own codes of ethics. La Société Scripta Legal inc. has also entered into agreements with subcontractors and service providers concerning personal-information protection and confidentiality.
General Legal Information for Informational Purposes on the Site and Interactive Documents - Liability
The Site's Content and all materials appearing on the Site that contain legal information or address legal matters are published solely to provide users with general information and have been prepared for that purpose only. Accordingly, La Société Scripta Legal inc. and Les Logiciels Scripta Legal inc. do not claim, in any way or at any time, to provide a complete statement of the law on any legal issue or subject. Legal information presented on the Site must never be regarded as a legal opinion, legal advice or an answer to a particular legal question. Rather, it must be read "as is" and for general informational purposes only, without in any way engaging the legal liability of La Société Scripta Legal inc. or Les Logiciels Scripta Legal inc. in connection with information supplied strictly for informational purposes.
In light of the foregoing, under no circumstances shall La Société Scripta Legal inc. or Les Logiciels Scripta Legal inc. be held liable for damages of any kind, including actual, indirect or consequential damages, arising from the use or application to your particular circumstances of the general information and general legal information provided on the Site for informational purposes.
You should never act solely on the basis of the general legal information provided on the Site for informational purposes. Every situation is different, and La Société Scripta Legal inc. and Les Logiciels Scripta Legal inc. advise you to consult a notary or lawyer for a personalized assessment of your legal needs before making any decision.
Warning Concerning the Use of Interactive Documents on the Site
La Société Scripta Legal inc. and Les Logiciels Scripta Legal inc. must provide you with the following warning:
Although the interactive documents available on the Site are personalized, they are developed according to your understanding of the interactive questionnaires and the answers you provide based on facts within your personal knowledge concerning your particular legal situation. La Société Scripta Legal inc. and Les Logiciels Scripta Legal inc. advise you that these interactive questionnaires must never be considered legal advice issued by a legal professional. They are used for informational purposes only, namely to collect facts within your personal knowledge and your answers in order to generate the interactive document selected for your particular legal situation.
Depending on your understanding and the facts you take into account regarding your legal situation, the resulting document may not be suitable for your particular circumstances. It is recommended that you have your questionnaires reviewed by a member of La Société Scripta Legal inc.'s legal team or by your own legal adviser before signing the document. If you do not have the interactive questionnaires reviewed by a legal professional, you acknowledge that you are solely responsible for verifying that the document meets the specific needs of the legal transaction for which you intend to use it.
Subject to the applicable rules of professional conduct governing La Société Scripta Legal inc., you acknowledge that La Société Scripta Legal inc. and Les Logiciels Scripta Legal inc. limit their liability for any loss or damage arising in connection with the interactive document generated from your answers and the facts reflecting your personal situation to the individual purchase price of that document.
You acknowledge that neither an interactive document generated and issued instantly on the Site nor your answers to the questionnaires may at any time be considered to constitute a mandate given to La Société Scripta Legal inc., as explained above, or a service agreement between you and that company.
The general legal information provided on the Site for informational purposes is supplied on an "as is" basis. You acknowledge that the publication of any such legal information on the Site must never be considered a legal opinion, legal advice or legal counsel concerning your personal legal circumstances.
Despite the care taken by La Société Scripta Legal inc., the publication of such legal information may contain typographical errors, and La Société Scripta Legal inc. and Les Logiciels Scripta Legal inc. disclaim any direct or indirect liability in this regard. They also disclaim any liability for any loss or damage suffered, in whole or in part, as a result of any error or omission on your part in the personal facts submitted, or your failure to consult a legal professional when using interactive questionnaires and documents on the Site, including in connection with the review, drafting, updating or use of any interactive document available on the Site.
SECTION D - INTELLECTUAL PROPERTY RIGHTS
Intellectual Property Rights in the Site and its Content
The Site and its Content belong exclusively and perpetually to Les Logiciels Scripta Legal inc., which has authorized La Société Scripta Legal inc. to use, operate and market them under the Licence.
The Site is subject to exclusive and perpetual copyrights held by Les Logiciels Scripta Legal inc., which reserves all such rights exclusively. Accordingly, the Site's Content must be identified as follows: © Les Logiciels Scripta Legal inc. - All Rights Reserved. The Site's Content is protected by Canadian and international copyright laws and applicable international treaties.
Certain existing and future software and computer programs that form part of the Site or support its operation, including their source code, are the exclusive, universal, irrevocable and perpetual property of Les Logiciels Scripta Legal inc., which has authorized La Société Scripta Legal inc. to use them under the Licence to ensure the Site's proper operation. These existing and future software applications, computer programs and source code were assigned to Les Logiciels Scripta Legal inc. under assignment-of-rights agreements.
However, notwithstanding the assignment of rights in the software, computer programs and source code described above, the Library belonging respectively to Mathieu Forget and Forgelogic inc. is not covered by any such assignment. Mathieu Forget and Forgelogic inc. therefore currently hold, and will continue to hold, all existing and future intellectual property rights in the Library under all applicable laws and regulations worldwide. All other software forming part of the Site that did not belong to Mathieu Forget or Forgelogic inc. and was not the subject of an assignment by them, together with its source code, is the exclusive, universal, irrevocable and perpetual property of Les Logiciels Scripta Legal inc. The same applies to all such other software added to the Site in the future.
You agree and acknowledge that the Site and all Content accessible on it, including without limitation text, legal information, legal documents, contract templates, interactive questionnaires and documents, data, images, graphics, photographs, videos, interactive features, other materials and documents relating to services offered on the Site, as well as the software, computer programs and source code that enable the Site to operate, except for documents and personal information transmitted to the Site by a user, together with the name "Scripta Legal", La Société Scripta Legal inc.'s logo, the domain name "www.scriptalegal.com", and the trademarks and logos appearing on the Site (hereinafter referred to as the "Marks"), are the exclusive, irrevocable and perpetual property of Les Logiciels Scripta Legal inc., which has authorized La Société Scripta Legal inc. to use them under the Licence. Alternatively, they may belong exclusively to third parties or be licensed to the Site and La Société Scripta Legal inc. by a company other than Les Logiciels Scripta Legal inc. Accordingly, Les Logiciels Scripta Legal inc. alone may determine the selection, coordination, arrangement and presentation of the Site's Content and Marks.
WARNING: For the purposes of this section only, the expression "Content" also includes materials whose ownership rights, copyrights and trademarks belong to third parties. Such materials must not be used without their owners' written permission.
By using the Site, you agree that the Site, its Content and the Marks are protected by copyrights, trademarks and/or other intellectual property rights governed by Canadian laws and all other applicable legislation. All present and future copyrights, trademarks and other intellectual property rights relating to the Site, its Content and the Marks remain at all times the exclusive, irrevocable and perpetual property of Les Logiciels Scripta Legal inc. or the applicable third parties. Les Logiciels Scripta Legal inc. also reserves all rights not specifically granted in connection with the Site, its Content and the Marks.
Intellectual Property Rights in Trademarks
The trademarks and logos displayed or used on the Site belong to Les Logiciels Scripta Legal inc., which has authorized La Société Scripta Legal inc. to use them under the Licence, or to third parties, as applicable. In granting access to the Site, La Société Scripta Legal inc. and Les Logiciels Scripta Legal inc. do not in any way authorize anyone to use, directly or indirectly, any trademark appearing on the Site without the prior written permission of its owner.
Grant of a Limited, Non-Exclusive and Non-Transferable Licence to Use the Site
Although Les Logiciels Scripta Legal inc. holds all rights in the Site and its Content, by accepting these Terms of Use you are granted by La Société Scripta Legal inc., under the Licence that Les Logiciels Scripta Legal inc. granted to it, a limited, non-exclusive and non-transferable licence to use and display the Site and its Content on your computer for your personal use only. Commercial use of the Site and its Content is strictly prohibited. You must not modify the Site or its Content and must retain all copyright and other proprietary notices included therein.
You may therefore print or download excerpts from the Site and its Content solely for your personal use, provided that none of the text is modified and that each copy you make and display includes the relevant copyright notice applicable to Les Logiciels Scripta Legal inc. or third parties, as the case may be, except with respect to documents and personal information transmitted to the Site by a user.
SECTION E - DOCUMENTS UPLOADED BY USERS TO THE SITE / THEIR CONTENT
You may transmit, upload or display documents or other content on the Site provided that such material is not unlawful, obscene, threatening, defamatory, invasive of privacy, infringing on third-party intellectual property rights, harmful to third parties or otherwise objectionable, and does not introduce computer viruses or contain chain letters, unsolicited bulk messages or spam of any kind.
If you do not comply with these restrictions, La Société Scripta Legal inc. may immediately suspend your client account.
PART 2
OUR POLICIES ON THE PROTECTION OF PERSONAL INFORMATION AND PRIVACY
INTRODUCTION
Since it collects, uses, holds and discloses personal information, La Société Scripta Legal inc. is subject to the Act respecting the protection of personal information in the private sector, CQLR, c. P-39.1, as amended by the new Act to modernize legislative provisions as regards the protection of personal information, adopted on September 21, 2021 and assented to on September 22, 2021, and any legislation replacing them from time to time, where applicable (collectively, the “Quebec Legislation”). It must also comply with the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, and any legislation replacing it from time to time, where applicable (the “Canadian Legislation”).
Accordingly, La Société Scripta Legal inc., as a legal entity operating a business, has adopted for the operation of the Site a personal information protection policy that complies with the Quebec Legislation and a privacy policy that meets the requirements of the Canadian Legislation and follows the ten principles of the Model Code for the Protection of Personal Information (CAN/CSA-Q830-96) of the Canadian Standards Association, recognized as a National Standard of Canada.
These two personal information and privacy protection policies create legal obligations binding you to La Société Scripta Legal inc. and the Site, and constitute an agreement between the parties concerned.
The personal information and privacy protection policies of La Société Scripta Legal inc. apply to the personal information it collects, uses, holds and discloses concerning users of the Site. These policies also govern the management of that information, whether in electronic, oral or written form.
These two policies also constitute La Société Scripta Legal inc.'s commitment to protecting the private and confidential nature of personal, professional and commercial information about you that you transmit through the Site. Its staff will use only the information needed to respond to your request or provide a service on the Site; the same applies to subcontractors and service providers engaged by La Société Scripta Legal inc. to perform specific tasks relating to the services you have selected.
La Société Scripta Legal inc. therefore undertakes to preserve the confidentiality of your dealings and the personal information you transmit on the Site, in accordance with its policies, including when it discloses or transmits that information to third parties, subcontractors or service providers for the performance of specific tasks on its behalf as described above. As La Société Scripta Legal inc. collects, uses, holds and discloses personal information in the course of its activities, it has also adopted a privacy policy, written in simple and clear terms, that is published on the Site.
La Société Scripta Legal inc. has also taken appropriate steps and implemented security measures to ensure confidentiality, except where the services requested by a user require the involvement of third parties, including subcontractors or service providers. In such cases, it ensures that those third parties' respective website terms of use contain measures to protect personal information, including its confidentiality. This includes services involving government or parapublic agencies, professional associations or similar organizations. Such third parties process personal information on behalf of La Société Scripta Legal inc. solely to perform the required tasks and must maintain its confidentiality unless your prior consent has been obtained.
Consequently, when La Société Scripta Legal inc. uses service providers or subcontractors for tasks relating to services offered on the Site, and shares with them only the personal information needed to perform those tasks, it enters into an agreement based on their respective website terms regarding protection and confidentiality. Those providers undertake to use the information only for the purposes specified in the agreement and to give it a level of security similar to that provided by La Société Scripta Legal inc. to users of the Site, except for providers and subcontractors governed by the Professional Code or by the code of ethics of their professional association.
Through these two policies, La Société Scripta Legal inc. seeks to establish responsible practices governing the collection, use, holding and disclosure of personal information, taking into account individuals' right to privacy and the management of their personal information, in compliance with the Quebec and Canadian Legislation.
We remind you that using the Site or any service offered on it, or merely accessing the Site, means that you accept its terms of use under “Terms of Use, Data Protection and Confidentiality,” including the two policies protecting personal information and privacy in accordance with the Quebec and Canadian Legislation. You consent to the collection, use, holding, disclosure, transmission and protection of your personal information, including its confidentiality, in accordance with these terms and our privacy policy published on the Site. When you access the website of any company affiliated with the Site, whether or not it is listed on the Site, you are also bound by the terms and conditions governing that company and its services.
SECTION A - QUEBEC LEGISLATION
Under the Quebec Legislation, a person who collects personal information about another person for a serious and legitimate interest is deemed to establish a file within the meaning of the Civil Code of Québec. The rights concerning such a file conferred by the relevant provisions of that Code apply to the personal information collected.
WHAT CONSTITUTES “PERSONAL INFORMATION”
Under the Act respecting the protection of personal information in the private sector (CQLR, c. P-39.1), any information concerning a natural person that enables that person to be identified is considered personal information. The Act applies regardless of the medium or form in which the information is accessible, whether written, graphic, audio, visual, computerized or otherwise. It also applies to personal information held by a professional order insofar as provided by the Professional Code (c. 26).
For its personal information protection policy, La Société Scripta Legal inc. defines “personal information” as any information relating to a particular natural or legal person that identifies, or could specifically identify, that person, either on its own or in combination with other information held by the Site. This includes personal information and facts supplied or transmitted when completing interactive questionnaires to generate a selected legal document or service. Such information is sometimes called personally identifiable information. The definition excludes general information that cannot be associated with a specific natural or legal person.
Notwithstanding the foregoing, La Société Scripta Legal inc. does not consider information concerning a particular natural or legal person to be personal information when it has been anonymized, de-identified or aggregated so that the person cannot be specifically identified in any way.
OUR PERSONAL INFORMATION PROTECTION POLICY
Implementation of our policy
Under the Quebec Legislation, La Société Scripta Legal inc. is responsible for protecting the personal information it holds.
In accordance with its obligations under the Quebec Legislation, La Société Scripta Legal inc. has established and implemented a policy and governance practices concerning its users' personal information to ensure its protection.
At present, personal information collected by La Société Scripta Legal inc. is stored not by the company itself, but by a third party, “Avancie,” under a service agreement.
Our person responsible for the protection of personal information
To protect the personal information it holds, La Société Scripta Legal inc. has established the role of person responsible for the protection of personal information. The company's highest authority has delegated this role fully and in writing to Mathieu Forget, the company's vice-president, who may be reached at mathieu.forget@scriptalegal.com. If the person performing this function changes, users of the Site will be notified through a prominently displayed notice on the Site.
Our management of personal information collection
Because La Société Scripta Legal inc. collects personal information for serious and legitimate purposes, it must determine the purposes for which such information is collected before collecting it.
Under the Quebec Legislation, La Société Scripta Legal inc. may collect only the information necessary for the purposes it has determined beforehand and must comply with this obligation at all times in its business operations.
Under the Quebec Legislation, personal information collected by an enterprise may be used only for the purposes for which it was collected, unless the person concerned has consented to another use.
Furthermore, if La Société Scripta Legal inc. obtains personal information from another person operating a business, it must inform any person concerned of the source of that information upon request.
Our procedures for collecting personal information under the Quebec Legislation
Through its personal information protection policy, published on the Site and accessible to all users under “Terms of Use, Data Protection and Confidentiality” in the “Legal Notices” section, as well as through the operation of the Site itself, La Société Scripta Legal inc. informs the persons concerned, at the time of collection and subsequently upon request, in accordance with the Quebec Legislation, of the matters described below:
1. Purposes for which personal information is collected
La Société Scripta Legal inc. collects users' personal information primarily to provide the services they request on the Site and to generate the legal documents they wish to obtain instantly.
La Société Scripta Legal inc. collects personal information when users answer the interactive questionnaires to obtain their requested service. When using a service on the Site, users readily understand that they must provide personal information in their answers in order to receive that service.
After receiving the requested service, however, any user may ask La Société Scripta Legal inc. to destroy the personal information provided for that service, subject to verification of the user's identity.
You are also invited to consult the subsection “Determining the purposes for using personal information” in “Section B - Canadian Legislation” of this “Part 2 - Our Policies on the Protection of Personal Information and Privacy.”
2. Methods by which personal information is collected
La Société Scripta Legal inc. collects personal information from users through the interactive questionnaires associated with each service offered on the Site, chiefly to make the service they select available to them.
By completing these interactive questionnaires, users readily understand that they must provide personal information to obtain the requested service. Users may also have to upload their own files containing personal information to the Site to obtain a service.
Any user may, at any time, ask La Société Scripta Legal inc. to destroy the personal information provided, after verification of the user's identity.
3. Rights of access and correction under the Quebec Legislation
Users of the Site may contact the person responsible for the protection of personal information at La Société Scripta Legal inc. at any time to confirm the existence and accuracy of personal information concerning them.
Users may also view personal information already provided by accessing their customer account on the Site and may correct or change certain information themselves through that account.
When using the Site's services and completing the interactive questionnaires, users understand that they must provide personal information to obtain the service requested. If they do not provide the necessary information, they understand that they cannot obtain a personalized legal document meeting their particular needs.
Users may nevertheless request the destruction of personal information already provided; La Société Scripta Legal inc. will then verify the identity of the person making the request.
4. Right to withdraw consent to the disclosure or use of collected information
After providing the requested service, La Société Scripta Legal inc. may use and disclose personal information supplied by users for its own commercial prospecting, including sending emails to addresses they have already provided. By accessing or using the Site and its services, users consent to such use and disclosure as described above.
La Société Scripta Legal inc. may also disclose or transmit users' personal information when it subcontracts or enters into service agreements for the performance of specific tasks relating to the service requested, while complying with the Quebec Legislation governing such subcontracting or service agreements. By accessing or using the Site and its services, users consent to such disclosure or transmission as described above.
Furthermore, once a service has been provided, the user may request that La Société Scripta Legal inc. destroy the information contained in the interactive questionnaires for that service, subject to verification of the user's identity.
By operating in this manner with regard to users' consent to the use, disclosure and transmission of their personal information as described above, La Société Scripta Legal inc. makes it unnecessary for users to withdraw their consent or request such withdrawal.
Where applicable, and only insofar as relevant to La Société Scripta Legal inc., any person concerned by personal information must be informed of the identity of any third party on whose behalf it is collected, and of the third parties or categories of third parties to whom disclosure is necessary for the purposes of collection. This is based on the terms of use published on the websites of La Société Scripta Legal inc.'s subcontractors and service providers, which must be equivalent to its own terms in the Site's “Legal Notices” section, including its personal information and privacy policies, as well as the possibility of disclosure outside Quebec, where applicable.
Upon request, any Site user may also receive, in simple and clear language, information about the personal information collected from them, the categories of people within La Société Scripta Legal inc. who have access to it, the retention period, and the contact details of the person responsible for the protection of personal information.
These provisions on La Société Scripta Legal inc.'s use or disclosure of personal information and its notice to the persons concerned, including the requirement for equivalent terms on the websites of its subcontractors and service providers, constitute disclosure to Site users and the persons concerned.
Our policy concerning personal information under the Quebec Legislation
In accordance with the Quebec Legislation, La Société Scripta Legal inc. has adopted a policy governing personal information collected from others. Its detailed provisions are written in clear, simple language and published on the Site. In particular, the policy addresses the following matters:
(a) Framework governing the retention and destruction of personal information collected from the persons concerned
Notwithstanding any other provision herein, La Société Scripta Legal inc. retains personal information supplied by Site users through interactive questionnaires after providing the requested service, unless the users expressly request its removal or destruction. La Société Scripta Legal inc. may also use and disclose such questionnaire information after providing the service for its own commercial prospecting among users.
La Société Scripta Legal inc. may destroy collected and used personal information upon request by the person concerned, after verifying that person's identity.
Personal information relating to Site users' credit cards used to pay for services is deleted from the Site after payment is confirmed. It is never kept for users who may return to purchase another service.
Customer accounts created by Site users are never destroyed unless a user expressly requests their destruction.
For users' benefit, this framework governing the retention and destruction of collected personal information is described in the Site's terms of use under “Terms of Use, Data Protection and Confidentiality” in the “Legal Notices” section.
The staff of La Société Scripta Legal inc. ensure compliance with this framework. Any Site user may request destruction of their personal information after their identity has been verified.
(b) Roles and responsibilities of staff members throughout the personal information life cycle
Not all staff members of La Société Scripta Legal inc. have access to Site users' personal information.
La Société Scripta Legal inc. has established an access procedure for its staff regarding personal information. That procedure forms part of its privacy policy.
All staff members of La Société Scripta Legal inc., including freelancers, undergo pre-employment screening and sign a confidentiality agreement, except when they are active members in good standing of a recognized professional body or are governed by the Professional Code or their professional association's code of ethics.
La Société Scripta Legal inc. also enters into agreements with all service providers and subcontractors to whom it transmits or discloses users' personal information for the performance of tasks on its behalf, based on their website terms of use, expressly communicated conditions, or a specific written agreement, as applicable. Exceptions include government or parapublic bodies, professional associations or similar organizations, and providers or subcontractors governed by the Professional Code or their association's code of ethics.
(c) Procedure for processing complaints concerning the protection of personal information
Mathieu Forget, as the person responsible for the protection of personal information at La Société Scripta Legal inc., is authorized to receive and handle complaints concerning personal information protection. He may be contacted using the company's contact information provided on the Site.
Within a reasonable time, Mathieu Forget will investigate the merits of a complaint by any Site user, make a decision, notify the user of that decision, and inform the user of any further steps available if the decision is not in their favour.
La Société Scripta Legal inc. has ensured that its personal information protection policy is proportionate to the nature and scale of its business activities and has been approved by its person responsible for the protection of personal information.
These provisions regarding the policy adopted by La Société Scripta Legal inc. for protecting the personal information of persons concerned constitute disclosure to Site users and the persons concerned.
CONSENT OF THE PERSONS CONCERNED
Use of personal information and consent
Unless the person concerned consents to another use or disclosure to third parties, or the Quebec Legislation provides otherwise, that person's personal information may be used only for the purposes for which it was collected and may not be disclosed to third parties. However, by accessing or using the Site and its services, users consent to other uses and disclosures to third parties as described above.
Content and duration of a person's consent
Under the Quebec Legislation, consent concerning personal information must be clear, free and informed, given for specific purposes, and requested for those purposes in simple and clear language. Consent must be express for sensitive personal information, namely information whose medical, biometric or otherwise intimate nature, or the context of its use or disclosure, gives rise to a high reasonable expectation of privacy.
Where consent is requested in writing, the request must be presented separately from other information supplied to the person concerned. Assistance must be provided, upon request, to help that person understand the scope of the consent being sought.
Consent is valid only for the time necessary to achieve the purposes for which it was requested. Consent that does not meet the requirements of the Quebec Legislation has no effect.
Persons concerned who are minors
For a minor under 14 years of age, consent must be given by the holder of parental authority or the minor's tutor. The minor's personal information may not be collected without that consent unless the collection is clearly for the minor's benefit.
For a minor aged 14 or older, consent may be given by the minor, the holder of parental authority or the minor's tutor.
USE OF PERSONAL INFORMATION FOR A PURPOSE OTHER THAN THE ORIGINAL PURPOSE, WITHOUT CONSENT
Under the Quebec Legislation, personal information may be used without the consent of the person concerned for a purpose other than the original purpose in any of the following cases:
1. Its use is for purposes consistent with those for which it was originally collected, meaning that there must be a relevant and direct connection with the original purposes; commercial or philanthropic prospecting is not considered a consistent purpose.
2. Its use is clearly for the benefit of the person concerned.
3. Its use is necessary to prevent or detect fraud or to evaluate and improve protection and security measures.
4. Its use is necessary to supply or deliver a product or provide a service requested by the person concerned.
5. Its use is necessary for study, research or statistical production, and the information is de-identified so that it no longer directly identifies the person concerned.
USE OF PERSONAL INFORMATION WITHOUT OBTAINING THE CONSENT OF THE PERSON CONCERNED
Under the Quebec Legislation, personal information may be disclosed or used without the consent of the person concerned in each of the situations described below.
1- Disclosure of personal information necessary for carrying out a mandate or performing a service or business contract
Where disclosure of personal information to a person or organization is necessary to carry out a mandate or perform a service or business agreement entrusted to that person or organization, the Quebec Legislation permits its use and disclosure without the consent of the person concerned, provided that the mandate or agreement was expressly entrusted or was the subject of a specific order.
La Société Scripta Legal inc. currently discloses to persons or organizations the personal information necessary for mandates or service or business agreements expressly entrusted to them or made the subject of specific orders.
In such a case, the mandate, agreement or specific order must specify the measures to be taken by the mandatary or person performing the work to protect the information's confidentiality, use it only in connection with the mandate, agreement or order, and not retain it after expiry. The mandatary or service provider must act in accordance with its own terms of use and comply with the personal information protection measures stated on its website, which must be equivalent to those applicable to La Société Scripta Legal inc., unless the mandatary or provider is a public body under the Act respecting access to documents held by public bodies and the protection of personal information (c. A-2.1), a member of a professional order, or governed by the Professional Code or a professional association's code of ethics.
Any person or organization performing such a mandate, agreement or order must promptly notify the enterprise's person responsible for the protection of personal information of any breach or attempted breach of obligations concerning the confidentiality of the information disclosed, and allow that person to conduct any verification relating to confidentiality.
2- Disclosure of personal information necessary to conclude a business transaction
When disclosure of personal information is necessary to conclude a business transaction to which the disclosing party intends to be a party, the Quebec Legislation permits its use and disclosure to the other party without obtaining consent.
La Société Scripta Legal inc. is sometimes required to disclose personal information necessary to conclude a business transaction.
In that case, an agreement must be concluded with the other party, or the other party must act under its own terms of use and comply with equivalent personal information protection measures published on its website. Under such an agreement or terms, as applicable, the other party must:
(a) use the information solely to conclude the transaction;
(b) not disclose it without the person's consent unless permitted by the Quebec Legislation;
(c) take the measures necessary to protect its confidentiality;
(d) destroy it if the transaction is not concluded or if the information is no longer required to conclude it.
If the transaction is concluded and the other party wishes to continue using the information, it may do so only in accordance with the Quebec Legislation. Within a reasonable time after closing, the other party must inform the person concerned that it holds personal information about them as a result of the transaction.
Under the Quebec Legislation, a business transaction also includes the sale or lease of all or part of a business or its assets, a merger or other change in legal structure, the obtaining of a loan or other financing, or a security interest securing an obligation.
3- Disclosure of personal information for study, research or statistical purposes
Where personal information is disclosed to a person or organization wishing to use it for study, research or statistical purposes, the Quebec Legislation permits its use and disclosure without the consent of the person concerned.
La Société Scripta Legal inc. does not currently disclose the personal information of persons concerned to persons or organizations wishing to use it for study, research or statistical purposes.
If such a disclosure were made, it could occur without consent if a privacy impact assessment reaches the following conclusions:
(a) the study, research or statistical objective can be achieved only by disclosing information in a form that identifies the persons concerned;
(b) it would be unreasonable to require the person or organization to obtain the consent of the persons concerned;
(c) in light of the public interest, the objective of the study, research or statistical activity outweighs the impact of the disclosure and use on the persons' privacy;
(d) the personal information is used in a manner that ensures its confidentiality;
(e) only the necessary information is disclosed.
Furthermore, any person or organization wishing to use personal information for these purposes must:
i) submit its request in writing;
i) attach a detailed description of the research activities to the request;
ii) state the reasons supporting the conclusion that the criteria in subparagraphs (a) through (e) above are met;
iii) identify all persons and organizations to which it has made a similar request for the same purposes;
iv) describe, where applicable, the technologies to be used to process the information;
v) provide, where applicable, the documented decision of a research ethics committee concerning the study, research or statistical activity.
Before disclosing personal information for these purposes, the person or enterprise disclosing it must conclude an agreement with the recipient specifying, in particular, that the information may not be:
1) made accessible to anyone other than persons who need it to perform their duties and who have signed a confidentiality undertaking;
2) used for purposes other than those stated in the detailed description of research activities;
3) matched with other information files not mentioned in that description;
4) disclosed, published or otherwise disseminated in a form that could identify the persons concerned.
The agreement must be sent to the Commission d'accès à l'information established under section 103 of the Act respecting access to documents held by public bodies and the protection of personal information (c. A-2.1) (the “Commission”), and comes into force 30 days after the Commission receives it. It must also:
a) specify the information to be given to the persons concerned when their information is used to contact them about participating in the study or research;
b) provide measures to protect the information;
c) specify a retention period;
d) require notice to the disclosing party when the information has been destroyed;
e) require the disclosing party and the Commission to be notified without delay of any breach of the agreement, failure to comply with its protection measures, or event likely to compromise the confidentiality of the information.
OBLIGATIONS RELATING TO A CONFIDENTIALITY INCIDENT
Obligations when a confidentiality incident occurs
Under the Quebec Legislation, if La Société Scripta Legal inc. has reason to believe that a confidentiality incident involving personal information it holds has occurred, it must take reasonable measures to reduce the risk of harm arising from the incident and prevent similar incidents from occurring again.
Maintaining a register of confidentiality incidents
The Quebec Legislation also requires La Société Scripta Legal inc. to maintain a register of confidentiality incidents and provide a copy to the Commission upon request. Regulations under the Quebec Legislation may prescribe the content of that register.
What constitutes a confidentiality incident
Under the Quebec Legislation, a “confidentiality incident” means:
(a) access to personal information not authorized by the Quebec Legislation;
(b) use of personal information not authorized by the Quebec Legislation;
(c) disclosure of personal information not authorized by the Quebec Legislation;
(d) loss of personal information or any other breach of its protection.
Assessing the risk of harm
When assessing the risk of harm to a person whose personal information is affected by a confidentiality incident, the enterprise must consult its person responsible for the protection of personal information and consider, in particular, the sensitivity of the information, the anticipated consequences of its use, and the likelihood that it will be used for harmful purposes.
Cases involving a risk of serious harm - notifications
If a confidentiality incident creates a risk of serious harm, La Société Scripta Legal inc. must promptly notify the Commission and every person whose personal information is affected. Otherwise, the Commission may order it to do so.
La Société Scripta Legal inc. may also notify a person or organization likely to reduce that risk, disclosing only the personal information necessary for that purpose without the consent of the person concerned. In such a case, its person responsible for the protection of personal information must record the disclosure.
Regulations adopted under the Quebec Legislation may determine the content and procedures for these notifications.
Exemption from notifying a person when notice could impede an investigation
Notwithstanding the above, an affected person need not be notified if doing so could impede an investigation by a person or organization responsible under the Quebec Legislation for preventing, detecting or suppressing crime or statutory offences.
COLLECTION OF PERSONAL INFORMATION WHEN OFFERING A TECHNOLOGICAL PRODUCT OR SERVICE TO THE PUBLIC
In collecting personal information, La Société Scripta Legal inc. offers the public a technological service with privacy settings and must therefore comply with the relevant Quebec Legislation.
Under the Quebec Legislation, because La Société Scripta Legal inc. collects personal information through a technological product or service offered to the public with privacy settings, it must ensure that those settings provide the highest level of confidentiality by default, without any action by the person concerned.
Notwithstanding the above, this requirement does not apply to the privacy settings of a connection cookie.
USE OF TECHNOLOGY TO IDENTIFY, LOCATE OR PROFILE INDIVIDUALS
As part of collecting personal information, La Société Scripta Legal inc. uses technology capable of identifying, locating or profiling persons concerned. In particular, it uses its users' information and personal data to offer services on the Site other than those already selected or obtained. It must therefore comply with the relevant Quebec Legislation.
Duty to inform persons concerned about such technology
When collecting personal information, La Société Scripta Legal inc. uses technology with functions that can identify, locate or profile the person concerned. It must therefore notify that person beforehand, including through the Site's terms of use in the “Legal Notices” section, in the following manner and in addition to the disclosures described in “Our procedures for collecting personal information under the Quebec Legislation”:
(a) of the fact that such technology is used, it being understood that persons who provide personal information under the Quebec Legislation and receive the information described in “Our procedures for collecting personal information under the Quebec Legislation” consent to its use and disclosure for the purposes of this subsection; and
(b) of the methods offered for activating the identification, location or profiling functions.
Duty to publish and disseminate a privacy policy on the Site
Because La Société Scripta Legal inc. collects personal information through technological means, it must publish a privacy policy on the Site and communicate it, including any amendments, by means likely to reach all persons concerned. The policy must be written in simple and clear language. La Société Scripta Legal inc. has adopted such a policy and published it on the Site.
What constitutes profiling
Under the Quebec Legislation, profiling means collecting and using personal information to assess certain characteristics of a natural person, particularly their work performance, economic situation, health, personal preferences, interests or behaviour.
USE OF PERSONAL INFORMATION TO MAKE A DECISION BASED ON AUTOMATED PROCESSING
In connection with its collection of personal information, La Société Scripta Legal inc. uses the personal information of persons concerned to perform or arrange for tasks based exclusively on automated processing, including responding to users' emails through a service provider. It is therefore subject to the applicable Quebec Legislation.
Duty to inform any person concerned
Because La Société Scripta Legal inc. uses a person's personal information for a task based exclusively on automated processing, it must inform that person, including through the Site's terms of use in the “Legal Notices” section and when replying to their emails, no later than when it informs the person of its responses to those emails.
Additional requirements concerning this duty to inform
At the request of the person concerned, La Société Scripta Legal inc. must also provide the following additional information through the Site's terms of use in the “Legal Notices” section and when replying to that person's emails:
1) the personal information used to perform the task described above;
2) the reasons, principal factors and parameters that led to performance of the task; and
3) the person's right to have the personal information used for that task corrected; the person must also be given an opportunity to submit observations to a staff member of La Société Scripta Legal inc. able to explain how the task was performed.
USE OF PERSONAL INFORMATION FOR COMMERCIAL OR PHILANTHROPIC PROSPECTING
La Société Scripta Legal inc. uses the personal information of persons concerned for commercial prospecting, but not for philanthropic prospecting, subject to compliance with Canadian anti-spam legislation where applicable. It is therefore subject to the Quebec Legislation on commercial prospecting. As it does not currently use this information for philanthropic prospecting, the corresponding Quebec requirements do not apply.
Duty to identify itself and inform persons concerned of their rights
Because La Société Scripta Legal inc. uses personal information for commercial prospecting, it must identify itself to the persons contacted, in its prospecting activities and through the Site's terms of use in the “Legal Notices” section, and inform them of their right to withdraw consent to such use. Once consent is withdrawn, use of their personal information for that purpose must cease.
DISCLOSURE OF PERSONAL INFORMATION TO THE SPOUSE OR CLOSE RELATIVE OF A DECEASED PERSON
La Société Scripta Legal inc. may disclose personal information it holds about a deceased person to that person's spouse or close relative if knowing the information could help them with the grieving process, provided the deceased person did not record a refusal of such access in writing.
PROJECT TO ACQUIRE, DEVELOP OR REDESIGN AN INFORMATION SYSTEM OR ELECTRONIC SERVICE DELIVERY SYSTEM
La Société Scripta Legal inc. is currently implementing a project to acquire, develop or redesign its information system or electronic service delivery system, involving the collection, use, disclosure, holding or destruction of personal information. It therefore complies with the relevant Quebec Legislation.
Duty to conduct a privacy impact assessment for such a project
Because La Société Scripta Legal inc. is implementing such an acquisition, development or redesign project involving the collection, use, disclosure, retention or destruction of personal information, it must conduct a privacy impact assessment for the project.
Scope and requirements of the assessment
For the purpose of conducting this privacy impact assessment, La Société Scripta Legal inc. must consult its person responsible for the protection of personal information from the beginning of the project. It must also ensure that the project allows computerized personal information collected from the person concerned to be communicated to that person in a structured and commonly used technological format.
The assessment must be proportionate to the sensitivity of the information involved, the purpose of its use, its quantity, distribution and medium.
Measures to protect the personal information involved
At any stage of such a project, the person responsible for the protection of personal information at La Société Scripta Legal inc. may recommend measures to protect the personal information involved, including:
1) appointing a person responsible for implementing personal information protection measures;
2) identifying the personal information protection measures in documents relating to the project;
3) describing the personal information protection responsibilities of project participants; and
4) providing personal information protection training to project participants.
DISCLOSURE OF PERSONAL INFORMATION OUTSIDE QUEBEC
La Société Scripta Legal inc. discloses and transfers certain personal information collected from customers who have requested its services to destinations outside Quebec, so that the information can be processed efficiently and quickly on its behalf. It must therefore comply with the relevant Quebec Legislation.
La Société Scripta Legal inc. has an agreement with a service provider (the “Provider”) for this processing. The Provider has for many years been subject to legislation protecting the confidentiality of personal information and has implemented rigorous, strict and effective security and confidentiality measures. La Société Scripta Legal inc.'s agreement with the Provider also stipulates that the Provider will retain none of the transmitted information after completing the requested services.
Duty to conduct a privacy impact assessment before any disclosure
For the transmission of personal information, La Société Scripta Legal inc. will assess the applicable privacy factors in the manner described below.
Scope and requirements of the assessment
When carrying out this privacy impact assessment, La Société Scripta Legal inc. must consider, in particular:
a) the sensitivity of the information;
b) the purpose for which it will be used outside Quebec;
c) the protective measures, including contractual protections, that will apply to its disclosure; and
d) the legal framework of the state or country where it will be disclosed, particularly the applicable personal information protection principles.
La Société Scripta Legal inc. has considered all of these factors, particularly the Provider's applicable legal framework, which ensures adequate protection, and the Provider's effective protective measures.
Authorization for disclosure and agreement
La Société Scripta Legal inc. has taken the required steps to ensure that its privacy impact assessment establishes that information transmitted to the Provider receives adequate protection, particularly in accordance with generally recognized personal information protection principles. It has also entered into an agreement with the Provider to ensure effective protection of the transmitted information.
In transmitting personal information to the Provider, La Société Scripta Legal inc. will consider its privacy impact assessment under the Quebec Legislation and possible risks. It has currently identified no applicable risk because the Provider's safeguards are capable of eliminating any risk that may arise.
We remind you that merely accessing or browsing the Site, or requesting a service from La Société Scripta Legal inc. through the Site, subjects you to these terms of use, which create legal obligations between you, La Société Scripta Legal inc. and the Site. You accordingly authorize La Société Scripta Legal inc. to transmit your personal information outside Quebec and consent to such transmission.
Collection of personal information by an organization outside Quebec
At present, La Société Scripta Legal inc. does not entrust a person or organization outside Quebec with collecting, using, disclosing or retaining personal information on its behalf. The Quebec requirements concerning this activity therefore do not presently apply, although it may decide to do so in the future.
If La Société Scripta Legal inc. entrusts such activities to a person or organization outside Quebec, the requirements for privacy impact assessments and the applicable assessment procedures will apply.
The preceding subsection does not apply to disclosure to a person where it is necessary because of an emergency threatening the life, health or safety of the person concerned.
DESTRUCTION OF COLLECTED OR USED PERSONAL INFORMATION
Duty to destroy information when the purposes of collection have been fulfilled
Under the Quebec Legislation, once the purposes for which personal information was collected or used have been fulfilled, it must be destroyed or anonymized for use for serious and legitimate purposes, subject to any retention period prescribed by law.
La Société Scripta Legal inc. retains personal information used in transactions for services already obtained on the Site so that users can reuse it for future transactions involving other services offered on the Site. Users who wish to have their personal information destroyed must notify the company, which will destroy it after verifying their identity.
USE OF DE-IDENTIFIED INFORMATION
Duty to take reasonable measures to prevent identification
When La Société Scripta Legal inc. uses de-identified information, it must take reasonable measures to limit the risk that anyone could identify a natural person from that information.
Anonymization of personal information
Under the Quebec Legislation, personal information concerning a natural person is anonymized when it is reasonable to foresee, in the circumstances, that the information can no longer irreversibly identify that person, directly or indirectly.
Information anonymized under the Quebec Legislation must be processed using generally recognized best practices and in accordance with criteria and procedures determined by regulation.
CONFIRMATION THAT PERSONAL INFORMATION IS HELD
Duty to confirm
If La Société Scripta Legal inc. holds personal information about a person, it must, upon request, confirm its existence and disclose it to that person, allowing them to obtain a copy.
At the person's request, the information must also be disclosed to any person or organization authorized by the Quebec Legislation to collect it.
Computerized personal information
Computerized personal information must be provided to the person concerned in a written and intelligible transcript.
Where computerized personal information was collected from the person concerned and was not created or inferred from information about that person, it must, upon request, be provided in a structured, commonly used technological format unless doing so raises serious practical difficulties.
CORRECTION OF INACCURATE OR INCOMPLETE PERSONAL INFORMATION AND ACCESS TO COLLECTED INFORMATION
Duty to correct personal information and provide access to collected information
In addition to the rights provided by the Civil Code of Québec, any person may demand correction of personal information concerning them that is inaccurate, incomplete or ambiguous, or whose collection, use, disclosure or retention is not authorized under the Quebec Legislation.
Any person may also request access to personal information about them collected or used by La Société Scripta Legal inc.
Duty to respond to requests submitted by a person concerned
For such requests, the person responsible for the protection of personal information at La Société Scripta Legal inc. must respond in writing to requests for correction or access promptly and no later than 30 days after their receipt.
That person must give reasons for any refusal, identify the relevant provision of the Quebec Legislation, the remedies available to the applicant and the time limits for exercising them, and provide assistance upon request to help the person understand the refusal.
CESSATION OF DISSEMINATION OF PERSONAL INFORMATION
Request to stop dissemination or de-index a hyperlink
Any person concerned may require La Société Scripta Legal inc. to stop disseminating personal information about them or to de-index a hyperlink associated with their name that provides technological access to it, if dissemination violates the Quebec Legislation or a court order.
Conditions for stopping dissemination or re-indexing a hyperlink
Any person concerned may also request an end to dissemination or the re-indexing of a hyperlink providing access to the information if all the following conditions are met:
1) dissemination causes serious harm to their right to respect for their reputation or privacy;
2) that harm clearly outweighs the public's interest in knowing the information or any person's interest in freedom of expression; in assessing this condition, the following matters are considered in particular:
(a) whether the person concerned is a public figure;
(b) whether the information concerns the person while they are a minor;
(c) whether the information is current and accurate;
(d) the sensitivity of the information;
(e) the context of its dissemination;
(f) the time elapsed between dissemination and the request under this subsection;
(g) where the information concerns criminal or penal proceedings, whether a pardon has been obtained or restrictions apply to public access to court records;
3) the requested cessation, re-indexing or de-indexing does not exceed what is necessary to prevent the harm from continuing.
The person responsible for the protection of personal information at La Société Scripta Legal inc. must respond in writing to any such request within 30 days of receipt, giving reasons for any refusal. If the request is granted, the written response must certify that dissemination has stopped or that the hyperlink has been de-indexed or re-indexed.
ADMINISTRATIVE MONETARY PENALTIES FOR FAILURE TO COMPLY WITH THE QUEBEC LEGISLATION
Administrative monetary penalties imposed by the Commission
A person designated by the Commission, other than a member of one of its divisions, may impose an administrative monetary penalty on anyone who fails to comply with the Quebec Legislation.
Possibility of giving an undertaking to the Commission
Following a breach of the Quebec Legislation, any person responsible for the breach may at any time undertake to the Commission to take the measures needed to remedy it or mitigate its consequences. The undertaking must specify the acts or omissions constituting the breach and the relevant provisions. It may also include any conditions deemed necessary by the Commission and require payment of money. If the Commission accepts the undertaking and it is complied with, no administrative monetary penalty may be imposed for the acts or omissions covered by it.
Penal proceedings
In accordance with section 10 of the Code of Penal Procedure (c. C-25.1), the Commission may also institute penal proceedings for an offence under the Quebec Legislation.
SECTION B - CANADIAN LEGISLATION
Compliance with legislation and the requirements of the National Standard of Canada
Because La Société Scripta Legal inc. offers services through a website, it must comply with the Canadian Legislation on privacy protection and with the National Standard of Canada. It has therefore adopted a privacy protection policy complying with the Canadian Legislation and the following ten principles of the Model Code for the Protection of Personal Information:
Accountability - La Société Scripta Legal inc. is responsible for personal information it collects and manages, including its processing, use, holding, disclosure, retention and protection. It has appointed a person to ensure compliance with its policy under the Canadian Legislation, reachable using the contact details provided herein. It is also accountable for personal information under its custody or control, including information entrusted, where applicable, to third parties, subcontractors or service providers for processing on its behalf and according to its instructions, and must take the necessary measures to protect the information throughout such processing.
Identifying purposes for the use of personal information - Under the Canadian Legislation, La Société Scripta Legal inc. collects personal information solely for the following purposes: 1) providing and improving the Site's services; 2) better understanding users' needs; 3) developing and marketing the Site's services; 3) managing and developing its operational and commercial activities; 4) offering one or more services to users; 5) contacting users regarding their accounts and services; 6) preventing, detecting and investigating fraudulent or illegal activities on the Site; and 7) meeting legal requirements. Publication of these terms in the Site's “Legal Notices” section constitutes disclosure of these purposes to users.
Consent - Everyone must be informed of and consent to the collection and use of their personal information. Information about such collection and use is provided in the terms of use in the Site's “Legal Notices” section. Accessing the Site or using its services constitutes user consent under these terms, subject to exceptions to this principle and those under the Canadian Legislation, including circumstances in which Canadian anti-spam legislation recognizes implied consent and allows promotional messages if users can opt out through an unsubscribe link in the message. Consent by a natural or legal person to the collection, use or transmission of personal information must be clear and specific, and lasts only as long as necessary for the relevant purposes. As stated above, users consent to collection and use by accessing or using the Site or its services.
Limiting collection of personal information - La Société Scripta Legal inc. collects only the personal information necessary for the purposes stated above and obtains it from the persons concerned through lawful means. By accepting these terms of use, including this policy under the Canadian Legislation, you consent to such collection.
Limiting the use and retention of personal information - La Société Scripta Legal inc. uses or discloses users' personal information for purposes other than those of original collection when it has the person's consent, which users give by accessing or using the Site or its services under these terms, or when permitted or required by the Canadian Legislation. It retains encrypted personal information until the user formally requests its destruction. Destruction is performed manually upon request, after the requester identifies themself as the user concerned and their identity has been verified.
Accuracy of personal information - Personal information must be as complete, accurate and current as required by the purposes for which it is collected or used. La Société Scripta Legal inc. considers the intended use and the interests of the person concerned when determining the degree of accuracy, completeness and updating required. You are expected to promptly report any changes, errors or inaccuracies, and the company undertakes to notify any third parties to whom the information was transmitted, where applicable. It does not intend to update personal information systematically unless necessary to achieve the purposes of collection.
Safeguards - La Société Scripta Legal inc. takes appropriate and necessary measures to protect personal information it holds through security measures proportionate to its sensitivity and purpose, and considers those measures reasonable. It employs regularly updated technical safeguards and administrative measures to reduce the risks of unauthorized disclosure, loss, misuse, unauthorized access or alteration following a security breach. Measures implemented on the Site include firewalls, data encryption, control of physical access to data centres, and restrictions on authorization to access personal information.
Openness - La Société Scripta Legal inc. undertakes to provide any user who requests it with accurate, readily accessible information about its policy under the Canadian Legislation concerning the collection, use and management of personal information.
Individual access to personal information - La Société Scripta Legal inc. undertakes to respond promptly and within any time limits imposed by the Canadian Legislation or other applicable law to users who submit a written request to its person responsible for compliance with the privacy policy. It will inform them whether it holds personal information about them, how it was used, and whether it was disclosed to third parties, subcontractors or service providers subject to their own website terms. In accordance with the Site's “Legal Notices,” it will allow users to view the information free of charge unless an applicable law limits that right. Persons concerned may contest the status or contents of their personal information and request appropriate corrections.
Challenging compliance - Any user may complain of a failure by La Société Scripta Legal inc. to comply with its privacy policy under the Canadian Legislation by contacting the person responsible for compliance. Persons concerned may instead contact any competent provincial or federal government organization responsible for privacy protection in relation to the Site and the services offered.
SECTION C - THE RIGHT TO DATA PORTABILITY UNDER THE QUEBEC LEGISLATION
Under the Quebec Legislation, anyone who directly supplies personal information or whose information is collected directly has a right of access to personal information collected by an organization. The right to data portability is a technologically enhanced extension of that right of access. Scripta collects personal information within the meaning of the Quebec Legislation.
MAIN FEATURES OF THE RIGHT TO DATA PORTABILITY - DEFINITION AND VALIDITY
The right to data portability allows persons concerned to request and obtain, in a structured and commonly used technological format, only their computerized personal information collected electronically by an organization, including through online forms or questionnaires. The information must be provided in an accessible, readable and intelligible written transcript. The organization must provide it upon request and, at the person's request, may send it to another organization designated by the person.
A valid portability request must meet two criteria: 1) it concerns computerized personal information; and 2) the information was collected directly by the organization from the person concerned or provided directly by that person.
Computerized information
This is information stored using information technology, including information uploaded by the person to an electronic file and information generated through online activity, such as purchase or travel history.
Information collected directly from or supplied directly by the person concerned
This includes (a) information collected automatically from the person using technology such as surveillance cameras and audio recording, and (b) information supplied directly by that person.
However, the right to data portability does not apply to the following information collected by an organization:
information in paper form;
information collected from third parties, including a business partner, service provider or public database;
information created or inferred by an organization, even from the person's personal information, including consumer profiles or credit scores, to protect the organization's commercial interests and confidential information assets whose disclosure could eliminate a competitive advantage; and
information excluded by the scope of the right of access to personal information, including information that could reveal another person's personal information and harm that person, unless they consent or there is an emergency.
LIMITATIONS FOR SCRIPTA CONCERNING THE RIGHT TO DATA PORTABILITY
The limitations of the right to data portability applicable to La Société Scripta Legal inc. are described below and will continue to apply at all times.
Limitations concerning information about the person concerned
The following limitations relating to personal information about the person concerned apply and will continue to apply to La Société Scripta Legal inc.:
anonymous data, which is not subject to the right to portability;
pseudonymous data, which remains personal information subject to portability because it may still be linked to the person through another source; and
the following third-party data provided to Scripta by the person concerned, subject to the right to portability only to the extent that La Société Scripta Legal inc. collects such data, including, for example, telephone, interpersonal messaging or VoIP recordings included in an account's website history.
Limitations concerning information provided by the person concerned
La Société Scripta Legal inc. excludes the following information from the right to data portability because it does not and will not apply to the company's operations:
A person's insurability resulting from an analysis of various items supplied by that person;
Information created by La Société Scripta Legal inc., such as profiling;
Information for crime prevention, including fraud, money laundering, other financial crimes or criminal investigations;
Assessments of users' health, risk-management data, financial profiles or credit scores that do not come from the persons concerned; and
Public records, including tax returns or real estate registrations.
Despite the exclusions above, La Société Scripta Legal inc. may include the following information under the right to portability, but only insofar as it collects such information, if applicable:
Information generated by the person's use, including website visit history, traffic and location data, or purchase history, is considered “indirectly provided” by that person and may include, where applicable: activity logs; search history; location data; raw data such as a person's heart rate; smart-meter data; Internet of Things data; titles of books purchased from an online store; songs listened to via a streaming service; financial transaction data; and metadata such as message time, sender or recipient.
Activity logs;
Search history;
Location data;
Raw data, such as a person's heart rate;
Smart-meter data;
Internet of Things data;
Titles of books purchased from an online store;
Songs listened to through a streaming service;
Financial transaction data;
Metadata such as message time, sender or recipient.
Information created by the person concerned (such as a contact directory);
Incoming and outgoing calls, messages and payments; and
Information generated by online activity.
Limitations relating to intellectual property
Information “created or inferred” to protect La Société Scripta Legal inc.'s intellectual property rights arising from copyright is excluded, including trade secrets or copyright protecting software, but only insofar as those elements apply to the company. La Société Scripta Legal inc. recognizes that the right to data portability must never be used to infringe intellectual property rights. However, the mere existence of a potential commercial risk may never be used by the company to refuse a portability request.
OBLIGATIONS OF LA SOCIÉTÉ SCRIPTA LEGAL INC. FOR TWO TYPES OF TRANSMISSION UNDER THE RIGHT TO DATA PORTABILITY
Under the Quebec Legislation, La Société Scripta Legal inc. must retain the personal information it has collected to comply with the right to data portability. Such retention may be performed by the company or by a third party acting as a subcontractor or service provider, including information entrusted to a third party for processing.
Obligations under the Quebec Legislation when La Société Scripta Legal inc. sends information in response to a portability request
When sending information in response to a portability request, La Société Scripta Legal inc. must meet the following obligations under the Quebec Legislation:
Transfer information without creating obstacles. La Société Scripta Legal inc. acknowledges that charging a fee is not permitted and that the total cost of a transfer alone cannot justify refusing the right to data portability;
Verify the request to ensure that it includes the information requested by the applicant;
Carry out the transfer securely, in particular by ensuring that no unauthorized person can access the information during transmission;
If La Société Scripta Legal inc. refuses, provide reasons within thirty (30) days of receipt and inform the applicant of the right to seek a remedy.
However, under the Quebec Legislation, when sending information in this manner, La Société Scripta Legal inc. is not required to:
Verify a third-party recipient's compliance when the request concerns an authorized third party;
Send the information in a specific format demanded by the request;
Verify the quality of the information to be transmitted.
In such cases, La Société Scripta Legal inc. intends to comply with the above requirements applicable to it and to portability requests it receives, while taking account of its operational needs.
Obligations under the Quebec Legislation when La Société Scripta Legal inc. receives information
If La Société Scripta Legal inc. receives information in connection with a portability request, it must comply with the following obligations, insofar as they apply to its operations:
The transferred information may be used only for the same purposes as those for which the sending organization transmitted it;
No more information may be transferred or retained than is necessary for the new processing, and information unnecessary for the new purposes must not be kept;
Assume full responsibility for protecting the transferred information, including, where applicable: i) announcing the purpose of the new processing before the transfer request is submitted to the sending organization; and ii) guaranteeing the lawfulness of processing, purpose limitation, data minimization, accuracy, integrity and confidentiality, storage limitation and accountability in connection with the transfer.
However, when receiving such information, La Société Scripta Legal inc. is not subject to the following obligation under the Quebec Legislation:
The obligation to accept information transmitted under a portability request, as the company may refuse to accept it.
In such cases, La Société Scripta Legal inc. intends to comply with the applicable requirements above concerning information transmitted to it by a sending organization as part of a portability request, while taking account of its operational needs.
METHOD USED BY LA SOCIÉTÉ SCRIPTA LEGAL INC. TO TRANSFER REQUESTED INFORMATION
La Société Scripta Legal inc. will send requested information directly to the person concerned or a third party authorized by that person through a secure download link, this being the method best suited to its business operations. The company reserves the right to change its transfer procedure.
FORMAT USED BY LA SOCIÉTÉ SCRIPTA LEGAL INC. FOR A PORTABILITY REQUEST
Under the Quebec Legislation, La Société Scripta Legal inc. must provide and transfer computerized personal information in a structured, commonly used technological format. Although that term is not defined in the legislation, the requirements are intended to ensure interoperability between information and systems so that the desired result can be achieved.
La Société Scripta Legal inc. may nevertheless select the format it considers most appropriate for responding to a portability request.
La Société Scripta Legal inc. has selected the open, interoperable JSON format, including metadata, which is considered compliant with portability requirements, as well as the PDF format.
REQUIREMENTS FOR LA SOCIÉTÉ SCRIPTA LEGAL INC. WHEN PROCESSING A PORTABILITY REQUEST
Under the Quebec Legislation, La Société Scripta Legal inc. must comply with the following requirements when processing a portability request, where applicable.
Time limit for responding to a portability request
La Société Scripta Legal inc. will process a portability request within thirty (30) days of receipt. Notice of a ten (10) day extension may be given before the initial period expires. If it fails to respond within the required period, the request will be deemed refused.
Verification of the identity of the person requesting portability
La Société Scripta Legal inc. will verify the applicant's identity because a portability request may be processed only when submitted in writing by one of the following: i) the person concerned; ii) their representative, heir or successor; iii) the liquidator of their estate; iv) a beneficiary of life insurance or a death benefit; v) the holder of parental authority, even if the minor child is deceased; or vi) the spouse or close relative of a deceased person.
Third parties authorized to receive information under a portability request
When submitting a portability request, the applicant may require computerized personal information to be transmitted to authorized third parties. Precautions must be taken to prevent misuse, including fraud or identity theft, because La Société Scripta Legal inc. is responsible for personal information in its custody or under its control.
Refusal of a portability request
La Société Scripta Legal inc. may refuse to disclose information in response to a portability request for any of the following reasons:
Serious practical difficulties concerning the format
If supplying information in a structured, commonly used technological format presents serious practical difficulties, including high costs or complexity in producing the required format, La Société Scripta Legal inc. may be exempt from that format requirement.
Where a restriction on the right of access to information applies
Because portability extends the right of access to personal information, provisions of the Quebec Legislation restricting access also apply to portability requests. This includes disclosure that could reveal a third party's identity and seriously harm that party where they have not consented.
Where the portability request is manifestly abusive
La Société Scripta Legal inc. may refuse portability requests that are manifestly unfounded or excessive, particularly because they are repeated, systematic or inconsistent with the purpose of the Quebec Legislation, but only with authorization from the Commission. The person responsible must respond in writing, explain the refusal, identify the applicable provision where relevant, and inform the applicant of available remedies and the time limits for using them. The applicant should also be informed of the right to apply to the Commission for examination of a disagreement or a review within thirty (30) days of refusal, failure to process on time, or only partial compliance.
Possibility of charging fees for a portability request
La Société Scripta Legal inc. may charge reasonable fees for a portability request, including transcription, reproduction or transmission costs, provided it informs the applicant of the approximate amount before proceeding. Such fees may be challenged before the Commission.
Destruction of information
In exercising the right to portability, La Société Scripta Legal inc. is not required to destroy information transmitted if it must continue to retain that information to meet legal or contractual obligations.
La Société Scripta Legal inc. intends to comply with the applicable requirements above when processing portability requests, taking account of its operational needs and the exercise of the right to portability, where applicable.
OPERATIONAL MEASURES OF LA SOCIÉTÉ SCRIPTA LEGAL INC. CONCERNING DATA PORTABILITY
La Société Scripta Legal inc. has implemented the following operational measures, suited to its operations, to facilitate the exercise of the right to portability where required or applicable:
Identify information subject to the right to portability according to the terms of use published on its website;
Inform individuals through its website terms of use of the right to portability and the procedures for exercising it, including when they close an account;
Specify limits of its liability in its website terms of use;
Assess and determine the security measures necessary to protect information during transmission;
Establish procedures to handle portability requests efficiently;
Verify the applicant's identity and entitlement to portability before transferring information;
Use secure transfer tools and procedures and interoperable transmission formats;
Use a transmission mechanism that limits information sent to what is necessary, with return or deletion mechanisms for unnecessary information.
ANONYMIZATION OF PERSONAL INFORMATION: PROCEDURE TO FOLLOW
The Regulation respecting the anonymization of personal information, adopted under the Quebec Legislation (the “Regulation”), provides a standardized framework for anonymizing personal information collected by an organization, including criteria and procedures to minimize the risk of re-identification.
Whenever La Société Scripta Legal inc. anonymizes personal information it collects and holds, if applicable, it must follow the procedure described below.
Applicable anonymization criteria
The Regulation establishes three criteria: 1) correlation; 2) individualization; and 3) inference.
The correlation criterion
This criterion means being unable to link datasets relating to the same person, ensuring that different datasets about that person can no longer be linked, thereby preventing re-identification by combining information from different sources.
The individualization criterion
This criterion means being unable to isolate or distinguish a person within a dataset. The dataset must be sufficiently generalized so that no particular person can be singled out and their identity inferred.
The inference criterion
This criterion means being unable to infer personal information from other available information, preventing a person's identity from being deduced by analyzing anonymized information together with other data, including publicly available information.
Anonymization procedure under the Regulation - steps for La Société Scripta Legal inc.
La Société Scripta Legal inc. may anonymize personal information, where applicable, by complying with the Regulation, but only if it chooses to undertake anonymization.
It must first determine the purposes for which it intends to use the anonymized information so that it can apply appropriate anonymization techniques under the Regulation.
The Regulation requires the anonymization process to be supervised by a person within La Société Scripta Legal inc. competent in this field, ensuring the use of appropriate anonymization techniques, a re-identification risk assessment and the integrity of the process.
La Société Scripta Legal inc. must then remove from the dataset all personal information that could identify a person directly or indirectly.
It must conduct a re-identification risk assessment using the criteria described above and considering information available publicly to ensure that persons cannot be re-identified.
Based on the identified re-identification risks, La Société Scripta Legal inc. must select and apply anonymization techniques consistent with generally recognized practices and implement data protection and security measures to reduce re-identification risks.
It must then perform a new re-identification risk assessment demonstrating that: a) the anonymization process is irreversible; and b) the anonymized information cannot identify a particular person directly or indirectly. The Regulation does not require zero re-identification risk, but the risk must be very low under its criteria.
La Société Scripta Legal inc. must regularly reassess anonymized information to ensure that it remains anonymous, updating earlier assessments and addressing technological advances affecting re-identification risk.
Where applicable, La Société Scripta Legal inc. must keep a register describing the anonymized personal information, the purposes for which it will be used, the anonymization techniques and security measures employed, and the dates of the initial and subsequent re-identification risk assessments.
PART 3
OUR PRIVACY POLICY
SECTION A - OUR COMMITMENTS TO PROTECTING YOUR PERSONAL INFORMATION AND ENSURING SECURITY
As operator of the Site, La Société Scripta Legal inc. undertakes to protect the personal information you provide or transmit through the Site and to maintain its confidentiality. It recognizes and declares that all documents and personal information submitted by a user through the Site remain at all times the exclusive property of that user.
To protect your personal information and privacy as effectively as possible, La Société Scripta Legal inc. keeps the personal information it collects confidential.
La Société Scripta Legal inc. undertakes to protect the personal information you provide through the Site. As stated previously, it may transmit or share that information with third parties, including subcontractors and service providers, for specific tasks performed on its behalf or for commercial or marketing purposes, subject to their protection obligations under their website terms of use and your prior consent given by accessing the Site or using its services, except for: a) transmission of financial information to its payment service providers for credit-card processing, for which it gathers billing information when you purchase a service; b) transmission of information to the relevant authorities for services you request it to perform; and c) use of third-party cookies for remarketing and usage statistics as described herein. La Société Scripta Legal inc. does not store credit-card details on the Site's servers: you must enter them for each purchase. Payments are processed by certified processors in accordance with the company's personal information protection and privacy policies.
La Société Scripta Legal inc. undertakes to use and transmit your personal information only for the purposes for which it was collected, unless you consent, in the manner provided herein, to another use or transmission, or the law permits or requires it.
La Société Scripta Legal inc. undertakes not to sell, rent, share, lend, transmit or exchange with anyone, including external organizations or third parties, the personal information you enter on the Site, the documents or other materials you upload, the subscriber or user list, or personal information for marketing purposes. Exceptions apply to information disclosed to third parties, subcontractors or service providers to perform tasks relating to the services selected by users, or used by the company for commercial or marketing purposes with the consent provided herein. The company uses third-party cookies only for remarketing and Google Analytics usage statistics as described herein.
La Société Scripta Legal inc. undertakes not to transmit your personal information to third parties except where they process it on its behalf by accessing the Site's databases solely for specific purposes connected to their tasks. These third parties may not disclose your personal information onward without your prior consent. Subject to the foregoing, information collected when a user subscribes to the Site will not be disclosed to third parties.
La Société Scripta Legal inc. undertakes to disclose your personal information to third parties only in the following circumstances: it reserves the right to disclose information where authorized or required by legislation, regulations, a regulator, a search warrant, a subpoena or a court order.
La Société Scripta Legal inc. also undertakes to comply with the professional code of ethics governing it.
Because its operations are conducted online, La Société Scripta Legal inc. undertakes to adopt appropriate measures to protect information from loss, theft, unauthorized access, disclosure, reproduction, use or modification.
La Société Scripta Legal inc. also undertakes, in accordance with leading industry standards, to keep the Site's equipment, computer systems, servers and software technologically current to ensure excellent protection of your information, personal data and documents.
To meet its commitments to Site users, La Société Scripta Legal inc. has required its directors, employees, representatives, freelancers and natural and legal persons involved in operating the Site to sign confidentiality agreements, except professionals governed by the Professional Code or their own professional code of ethics.
SECTION B - SPAM AND THE USE OF EMAIL ADDRESSES
La Société Scripta Legal inc. also undertakes to comply at all times with applicable anti-spam legislation.
La Société Scripta Legal inc. may use your email address for administrative purposes, for example to contact you when you have expressly requested information or assistance regarding services you have requested on the Site.
La Société Scripta Legal inc. may also use your email address to send commercial, promotional or marketing messages if it has obtained your consent through your access to or use of the Site and its terms in the “Legal Notices” section; if you subscribed to its newsletter; if you purchased a service or completed a transaction on the Site, giving implied consent for up to two years; or if you interacted with the Site, for example by requesting information, giving implied consent for six months. For such messages, La Société Scripta Legal inc. will comply with applicable anti-spam laws, including requirements allowing commercial messages where a recipient can unsubscribe by clicking the link provided in the message.
Other than as described above, La Société Scripta Legal inc. will not use your email address to send commercial, promotional or marketing messages without first obtaining consent through one of the methods described above.
SECTION C - LA SOCIÉTÉ SCRIPTA LEGAL INC. AND SOCIAL MEDIA WEBSITES
We inform you that we maintain a presence on certain social media. When you interact with the Site through these platforms, their own policies apply. You should read their privacy policies before providing personal information.
La Société Scripta Legal inc. may share information with social media websites or use them to allow you to sign in to your account on the Site.
These social media websites might automatically provide the Site with access to personal information they hold about you, such as content you view or like and information about advertisements you have viewed or clicked. La Société Scripta Legal inc. reminds you that you can control the information it can access through social media privacy settings and the permissions you grant when you authorize the Site to access information held by those platforms.
If you link your social media account to your Site account and authorize La Société Scripta Legal inc. and the Site to access information through the social media platform, you must accept that the company may collect, use and retain information about you obtained from that platform.
SECTION D - SUBMISSION OF OTHER PERSONS' PERSONAL INFORMATION TO THE SITE BY A USER
La Société Scripta Legal inc. informs you that if you submit another person's personal information to the Site, you must first obtain that person's express consent.
You must also explain to that person how La Société Scripta Legal inc. collects, holds, uses, discloses and retains the information, in accordance with its personal information protection and privacy policies.
PART 4
SITE SECURITY AND THE SECURITY MEASURES IMPLEMENTED
SECTION A - PERSONAL INFORMATION COLLECTED BY THE SITE
When you use La Société Scripta Legal inc.'s services, the personal information it collects may include your computer's IP address, its unique identifier, information about your browser or operating system and location, and your browsing habits, such as pages viewed.
In providing services through the Site, our service providers may also be able to retain your personal information on their servers.
SECTION B - OUR VIRTUAL SERVERS
To provide the Site's services as securely as possible, La Société Scripta Legal inc. has chosen dedicated virtual servers (virtual machines) containing the Site's Content, the software and operating system it uses, databases and collected personal information.
We believe that virtual servers provide greater Internet security and improved reliability for services offered through the Site.
As an additional safeguard, the requirements concerning personal information collected by La Société Scripta Legal inc. also apply to the company hosting the Site's virtual servers, which has signed an agreement imposing similar obligations.
SECTION C - THREE TYPES OF METHODS USED TO PROTECT PERSONAL INFORMATION
Three generally applicable types of security measures
Generally speaking, methods for protecting personal information should include:
1) physical security measures, such as locked filing cabinets and restricted access to offices, premises or equipment;
2) administrative security measures, such as secure authorization to access sensitive data and selective access by authorized persons only; and
3) technical security measures, such as passwords and secure data encryption.
Administrative and technical security measures selected for the Site
La Société Scripta Legal inc. has adopted appropriate safeguards to protect your confidential personal information against loss, theft, unauthorized access, disclosure, reproduction, use or modification, regardless of how or where it is stored.
Because La Société Scripta Legal inc. operates online, it has adopted both administrative and technical security measures; the latter are updated regularly.
Administrative safeguards adopted by La Société Scripta Legal inc.
La Société Scripta Legal inc.'s administrative safeguards include:
a) physical measures, such as restricted access to the offices and equipment used by the Site and the company; and
b) organizational measures, such as security checks and staff confidentiality undertakings.
The company's staff also follow security instructions applicable throughout the Site and La Société Scripta Legal inc. Only authorized staff may access personal and confidential information. They have agreed to maintain the confidentiality of information supplied or transmitted by users by signing confidentiality agreements, except professionals governed by the Professional Code or their own codes of ethics.
Third parties engaged by La Société Scripta Legal inc., particularly to process data on or from the Site, have also entered into agreements concerning information or personal data they may learn while performing their specific tasks, except third-party professionals subject to the Professional Code or their own codes of ethics.
La Société Scripta Legal inc. has also introduced controls applying to anyone who accesses the Site to perform tasks, work or a specific mandate for the Site or company, to better protect personal information and comply with its personal information and privacy policies.
Technical safeguards adopted by La Société Scripta Legal inc.
The servers used by the Site were designed to enable highly secure browsing and have mechanisms to protect data, particularly against unauthorized access to personal information collected by La Société Scripta Legal inc.
All personal information transmitted through the Site is protected by encryption. When you use its services, La Société Scripta Legal inc. uses SSL (Secure Sockets Layer) encryption technology to safeguard personal information during transmission or exchange and while stored on its servers and backups. Its encryption practices comply with recognized industry standards.
For the transmission of personal information, we use standardized, industry-recognized secure communications protocols to protect all data sent. In short, once you transact or interact with the Site, your personal information and data are encrypted and remain protected by SSL encryption, and their transmission is protected by secure communications protocols.
If an intact key or closed padlock appears in your browser during a transaction on the Site, SSL protection is enabled. You also use the Site's secure servers when submitting credit-card information for payment.
All pages on the Site through which personally identifiable or personal information is transmitted are SECURED to protect information submitted by users.
To verify the security implemented by La Société Scripta Legal inc., we recommend checking your browser's URL or address bar. When accessing a secure server, the address should begin with “https” rather than “http”.
La Société Scripta Legal inc. cannot, however, protect information or personal data submitted through the Site when you access it from an unsecured computer or public location, where confidentiality may not be assured.
La Société Scripta Legal inc. expects you to ensure the protection and backup of your data and equipment at all times.
SECTION D - SPECIFIC SECURITY MECHANISMS IMPLEMENTED BY LA SOCIÉTÉ SCRIPTA LEGAL INC.
La Société Scripta Legal inc. has implemented security standards generally recognized in the electronic data exchange industry to protect personal information from unauthorized access, loss, malicious use, alteration or destruction.
In particular, it uses hardware and software firewalls, automatic session termination mechanisms, and data encryption certificates (SSL encryption) to protect information transmitted through a website.
The following briefly describes certain security mechanisms implemented by La Société Scripta Legal inc. on the Site to protect your personal information and privacy:
Firewalls. Firewalls are intended to prevent uncontrolled intrusions from the Internet into the Site and to maximize security for the Site's servers and the data they contain.
Session termination. Automatic session-ending mechanisms disconnect inactive sessions from the Site's secure online services after a period of inactivity, protecting against sessions left unattended for too long.
Data encryption. Encryption certificates (SSL encryption) encode personal information entered through online services, including application forms, transmitted information and interactive documents. SSL encryption helps La Société Scripta Legal inc. ensure confidentiality for the Site's online services. A closed padlock or intact key indicates a secure session; an open padlock or broken key indicates an insecure connection.
Effectiveness of SSL encryption. For full effectiveness, SSL encryption requires a browser of a suitable version. Regardless of the browser used, you may verify SSL support by double-clicking the padlock or key, as applicable, and reviewing the displayed options.
SECTION E - LOGGING SECURITY-RELATED EVENTS
La Société Scripta Legal inc. maintains, through one of its service providers, a log of security-related events and events of interest for auditing or statistical purposes.
The log may record all access to the Site or its sections, certain communications sent or received by users, and certain other Site-related activities.
PART 5
OUR ADVICE FOR ENSURING YOUR SECURITY ON A WEBSITE
SECTION A - SITE DESIGN BASED ON STANDARD SECURITY REQUIREMENTS
In providing services online, La Société Scripta Legal inc. designed the Site with the ongoing objective of offering security measures that meet established website security standards applicable to transfers of documents and personal information.
La Société Scripta Legal inc.'s commitment to maintaining a high level of Site security does not eliminate the precautions you should take yourself when visiting websites, even in secure environments.
Given the open, public nature of the Internet, it is virtually impossible to provide an absolute guarantee of the security of information, data or personal information supplied or transmitted through the Site.
SECTION B - NO LIABILITY FOR LA SOCIÉTÉ SCRIPTA LEGAL INC., LES LOGICIELS SCRIPTA LEGAL INC. AND THE SITE
Despite the efforts of La Société Scripta Legal inc., no technology is perfect. There is always some risk that personal information you transmit through the Site could be disclosed without your consent and without fault on the part of La Société Scripta Legal inc., Les Logiciels Scripta Legal inc. or the Site.
Since it is extremely difficult to intercept every intruder who may access the Site with unknown or malicious intentions, you acknowledge that La Société Scripta Legal inc., Les Logiciels Scripta Legal inc. and the Site accept no liability if confidential or personal information about you is disclosed through no fault of their own.
SECTION C - WEBSITE RISKS AND RELATED ADVICE
Despite all safeguards implemented by La Société Scripta Legal inc., disclosing or transmitting personal information over the Internet or elsewhere involves risks. The company and Les Logiciels Scripta Legal inc. cannot guarantee that the Site's equipment, computer systems and tools are free of errors or vulnerabilities or completely protected against interception, theft, unlawful dissemination or confidentiality breaches, although measures have been adopted to minimize such incidents.
When you communicate with the Site via the Internet or submit personal or confidential information while using its services, you acknowledge that it could be intercepted by third parties whose intentions are unknown to La Société Scripta Legal inc. and the Site.
Identity thieves may send fraudulent electronic messages to trick you into revealing personal or financial information, known as “phishing.” Do not respond to emails appearing to come from the Site or La Société Scripta Legal inc. that request your personal information. Neither the company nor the Site will ever request your account password, username, credit-card details or similar information by email or text message. If you receive a suspicious email or provide personal information in response to one, a text message, pop-up window or fraudulent website claiming affiliation with the Site, contact La Société Scripta Legal inc. or the Site immediately to report the incident.
La Société Scripta Legal inc. therefore strongly recommends that you take all necessary precautions to protect your own privacy, personal information and confidential data.
La Société Scripta Legal inc. considers you solely responsible for ensuring that your computer and system can use the Site. It recommends installing and updating antivirus, antispyware, firewall and other security software, and regularly updating your operating system and browser.
SECTION D - SECURITY MEASURES FOR USERNAMES AND PASSWORDS / LIABILITY
You must use a username and password to access your customer account on the Site. You alone are responsible for keeping those credentials confidential, for any misuse of them, and for all activities and transactions conducted with them.
For security reasons, you must keep your username and password confidential, not disclose them to anyone and not allow anyone else to use them. You are entirely responsible for damages resulting from disclosing your credentials, authorizing their disclosure or anyone using them to access your account.
Although La Société Scripta Legal inc. and Les Logiciels Scripta Legal inc. disclaim responsibility for losses arising from unauthorized use of your username or password, you may be liable for losses or damages sustained by the company, Les Logiciels Scripta Legal inc. and the Site as a result of such use. Use of your username and associated password constitutes evidence that you used the Site's services.
You must immediately notify La Société Scripta Legal inc. or the Site if you discover or suspect unauthorized access to your customer account or another breach of recognized Internet security and confidentiality standards. La Société Scripta Legal inc. and Les Logiciels Scripta Legal inc. disclaim any liability for claims relating to the use of your credentials through activities of third parties beyond your control or your failure to safeguard their confidentiality and security.
La Société Scripta Legal inc. therefore recommends that you never disclose your password directly, by telephone or in an unsolicited email, that you change it regularly, and that you never respond to an online request for your password. The company and the Site will never ask for it online or offline, except when you enter it to log in to the Site or its services.
SECTION E - OUR ADVICE ON CHOOSING PASSWORDS
La Société Scripta Legal inc. offers the following recommendations for selecting and using passwords.
Never disclose your passwords to anyone, especially online, including the police, your financial institution or your Internet service provider.
Choose unique, memorable passwords that you do not need to write down and that are hard for others to guess. Avoid readily guessed personal details, such as your date of birth, phone number or address; a combination of letters and numbers offers better protection.
Do not use your computer's automatic password creation or password memorization feature.
Do not store passwords on your computer, on the Internet or with software; someone who accesses or compromises the information could use it to steal your identity.
Change your passwords at least every 90 days to protect your personal information.
SECTION F - OUR ADVICE ON TRANSMITTING PERSONAL INFORMATION SECURELY
La Société Scripta Legal inc. offers the following suggestions for securing the transmission of personal information when you use the Internet.
Always end your Internet session before leaving your computer unattended.
Clear your browser cache to prevent information about your previous session from being seen by others. Procedures vary by browser; consult your browser's instructions for details.
When entering a section containing confidential account information, your browser should display a security icon, such as an intact key or small closed padlock, indicating a secure session. A broken key or open padlock means the session is not secure. Remember that personal information sent without a security indicator may be intercepted by malicious persons or organizations.
Do not respond to emails seeking personal information, even if they appear authentic. Since email is not secure, the Site will instead ask you to call a verifiable phone number to obtain such information.
PART 6
COOKIES AND SIMILAR TECHNOLOGIES USED BY THE SITE
SECTION A - GENERAL PROVISIONS
To provide the Site's services, La Société Scripta Legal inc. uses small data files called cookies, placed on your computer, tablet, mobile phone or other devices (collectively, “computer”), as well as other similar technologies, each serving different functions.
Generally, cookies and similar technologies let the Site store relevant information on your computer and later read it to identify you to the Site's servers or computer systems. They do not provide access to your computer or to information transmitted on this or any other website.
Some cookies are necessary for Site services to function and improve your experience. Others improve Site performance or Content, enable additional features, remember preferences or display advertisements. Still others target advertising based on your interests. La Société Scripta Legal inc. does not use such targeted advertising cookies on the Site and does not intend to do so in the future, although one of its service providers, Google, does use them.
La Société Scripta Legal inc. uses both temporary cookies, which remain while your browser is active, and persistent cookies, which remain for longer periods on your computer's hard drive or memory.
Unless you take specific action, La Société Scripta Legal inc. considers that by using the Site you consent to its use of cookies and similar technologies.
SECTION B - ABILITY TO DELETE OR DISABLE COOKIES AND SIMILAR TECHNOLOGIES
You can view and control cookies through your browser. If your computer or browser permits, you may block, delete, disable or manage cookies and similar technologies individually or collectively through its settings. You may likewise prevent cookies placed by other companies from operating.
However, refusing cookies or similar technologies may prevent you from accessing some Site features, services or tools. For example, you may have to enter your username and password more frequently during the same browsing session.
SECTION C - SECURITY MEASURES FOR THEIR USE AND ACCESS
La Société Scripta Legal inc. protects the Site's cookies and similar technologies by assigning them a unique identifier so that only the Site and its duly authorized service providers can interpret the data they contain.
La Société Scripta Legal inc. favours safeguards that prevent unauthorized access to its cookies and similar technologies. The unique identifier is intended to ensure that only the company and the Site can access personal data collected through Site cookies.
SECTION D - THIRD-PARTY COOKIES
La Société Scripta Legal inc. engages service providers to assist the Site with various tasks connected with its activities, operations and Internet use, including running the Site.
These providers may place cookies on your computer when you use Site services. Such “third-party cookies” collect information that identifies your computer, such as your IP address or other unique identifiers.
SECTION E - TYPES OF COOKIES USED BY LA SOCIÉTÉ SCRIPTA LEGAL INC.
La Société Scripta Legal inc. uses cookies to record certain information when you use the Site, its services, messaging systems and tools, or interact with their content.
These are small text files, usually containing letters and numbers, placed in your browser's or computer's memory when you visit a website or read a message. They allow a specific computer or browser to be recognized.
La Société Scripta Legal inc. may use different types of cookies on the Site over time, in addition to web beacons and similar technologies.
Types of cookies include the following:
Session or temporary cookies, which are automatically deleted when your browsing session ends and which link together actions carried out during that session;
Persistent cookies, which are stored on your computer between browsing sessions and remember your preferences or actions across websites;
First-party cookies, which are placed only by the website you are visiting;
Third-party cookies, which come from websites other than the Site and are subject to those third parties' personal information protection and privacy policies.
All the types of cookies described above may be found on the Site, but can be disabled or deleted using tools offered by most browsers.
SECTION F - USE OF WEB BEACONS BY LA SOCIÉTÉ SCRIPTA LEGAL INC.
La Société Scripta Legal inc. uses web beacons on the Site. These are small images, also called “tracking pixels” or “invisible pixels,” which may be added to a website.
Web beacons are generally used together with cookies and allow the Site to recognize its users and their activities and behaviour. The collected data is aggregated and used to improve Site pages.
SECTION G - USE OF SIMILAR TECHNOLOGIES BY LA SOCIÉTÉ SCRIPTA LEGAL INC.
La Société Scripta Legal inc. uses other similar technologies to store information on your browser or computer through local shared objects or local storage devices, including Flash cookies, HTML5 cookies and other software applications.
Some of these technologies work across browsers but can only be managed through your computer and its applications. La Société Scripta Legal inc. does not use them to store information about you for targeted advertising.
SECTION H - PURPOSES FOR WHICH LA SOCIÉTÉ SCRIPTA LEGAL INC. USES THESE FILES AND TECHNOLOGIES
La Société Scripta Legal inc. uses cookies, web beacons and similar technologies necessary for the Site to function properly. They help identify unusual behaviour and fraudulent activity, improve security, and enable features such as shopping carts and saved searches.
La Société Scripta Legal inc. also uses cookies, web beacons and similar technologies as follows:
(a) to assess the performance of the Site, its services and tools, understand how users use the Site, determine whether they have used its messaging system or viewed a particular page or link, and improve the presentation of Site Content;
(b) solely to provide advanced features while you use the Site, its services or tools, and for statistics. For example, these technologies recognize you when you sign in and track pages or elements you have viewed to improve the presentation of Site Content.
SECTION I - USE OF COOKIES BY LA SOCIÉTÉ SCRIPTA LEGAL INC. FOR REMARKETING
La Société Scripta Legal inc. works with Google and other advertising and analytics service providers for remarketing. These providers use remarketing cookies to display advertisements based on your previous visits to the Site and to advertise its services online. You may disable these cookies by blocking third-party cookies in your browser or using private browsing, as described above.
La Société Scripta Legal inc. uses remarketing to reach people who previously used or visited the Site with messages relevant to their needs or to attract former users back to the Site.
Remarketing cookies also allow the Site to promote its services on other websites.
SECTION J - OTHER COOKIES USED BY LA SOCIÉTÉ SCRIPTA LEGAL INC.
When you use the Site, statistical cookies, such as Omniture and Google Analytics cookies, and web beacons collect your IP address or your computer's unique identifier. La Société Scripta Legal inc. uses them to generate aggregated data and statistics about Site visits, analyze traffic and improve the Site to meet your needs.
La Société Scripta Legal inc. uses preference cookies to collect your IP address or computer identifier and browser data, such as language, time zone and plugins, to present these settings by default on later visits.
For certain cases or features, La Société Scripta Legal inc. uses login cookies and session-state cookies.
Login cookies used in the customer area remember information about your computer (IP address or unique identifier) and information you previously entered so it can be presented by default when you return using the same computer.
La Société Scripta Legal inc. uses session-state cookies to ensure the proper functioning of your customer area.
SECTION K - MANAGEMENT OF YOUR PERSONAL INFORMATION
La Société Scripta Legal inc. does not store your personal information in the Site's cookies or similar technologies.
Use of technologies on the Site by service providers
However, La Société Scripta Legal inc. may collect and store personal information through cookies or similar technologies in the future. In that case, by accepting the company's terms of use you would consent to such use, although you would also be able to disable these technologies.
SECTION L - USE OF TECHNOLOGIES ON THE SITE BY SERVICE PROVIDERS
La Société Scripta Legal inc. works with third-party service providers, such as google.com and various Google products, doubleclick.net, invitemedia.com and admeld.com. They may place third-party cookies, web beacons or other technologies on the Site to store information on their own systems concerning the Site and its services and tools. Data collected on the Site by these providers is not considered “sensitive.”
La Société Scripta Legal inc. has not, however, authorized any of these providers to collect your PERSONALLY IDENTIFIABLE information on the Site for their own purposes.
PART 7
DYNAMIC LINKS AND SOFTWARE DOWNLOADABLE FROM THE SITE
SECTION A - DYNAMIC LINKS AVAILABLE ON THE SITE / LIABILITY
Dynamic links on the Site may lead to other websites not operated or controlled by the Site, La Société Scripta Legal inc. or Les Logiciels Scripta Legal inc., including websites of companies affiliated with any of them.
Clicking those links takes you away from the Site and these terms of use cease to apply. You will be redirected to another website, where La Société Scripta Legal inc. and Les Logiciels Scripta Legal inc. cannot guarantee appropriate protection. Such websites may place their own cookies, collect information about you or solicit personal information.
Listing or linking to other websites does not create any liability for La Société Scripta Legal inc. or Les Logiciels Scripta Legal inc. By using the Site, you release them from all liability arising from your use of those other websites.
SECTION B - NEED TO REVIEW OTHER WEBSITES' POLICIES / LIABILITY
Before providing personal information on websites reached through links from the Site, you must review each website's own personal information protection and privacy policies.
La Société Scripta Legal inc. and Les Logiciels Scripta Legal inc. disclaim responsibility for other websites' privacy and personal information protection policies, the information they collect, and the security of personal information you transmit through them. To prevent such websites from placing or reading cookies on your computer, you must contact those websites directly.
SECTION C - NO LIABILITY FOR THE SITE, LA SOCIÉTÉ SCRIPTA LEGAL INC. AND LES LOGICIELS SCRIPTA LEGAL INC.
La Société Scripta Legal inc. provides links solely for your convenience. Their presence does not make La Société Scripta Legal inc. or Les Logiciels Scripta Legal inc. responsible for the linked websites, nor does it mean they support, endorse, authorize or recommend them or agree with their products, services or information.
La Société Scripta Legal inc. and Les Logiciels Scripta Legal inc. are not responsible for difficulties associated with downloading such software or for any damage caused by such downloads.
La Société Scripta Legal inc. and Les Logiciels Scripta Legal inc. accept no responsibility for the content of linked websites and make no representations or recommendations concerning other websites accessible from the Site.
If you access other websites from the Site, you do so entirely at your own risk. You are responsible for ensuring that any website you visit is free of potentially destructive elements, such as viruses, and has personal information protection and privacy policies.
PART 8
RESTRICTIONS ON USE OF THE SITE
SECTION A - PROHIBITIONS APPLICABLE TO USE OF THE SITE
When using the Site, you are expressly prohibited from: (a) creating a co-branded website from the Site without prior written authorization from La Société Scripta Legal inc. and Les Logiciels Scripta Legal inc.; (b) reproducing any part or all of the Site at any time; (c) licensing or reselling data or information obtained from the Site; (d) using or allowing third parties to use data or information obtained from the Site; and (e) using such data or information to provide, directly or through others, a service that is unauthorized or prohibited under these terms of use.
No user may, when using the Site or its services, under any circumstances: (a) impose an unreasonable or excessive burden on Site infrastructure; (b) use a device, software or procedure to interfere or attempt to interfere with the Site's operation or activities; (c) attempt to decrypt, decompile, reverse engineer or disassemble software associated with the Site or its services, or alter data obtained from the Site without approval from La Société Scripta Legal inc. and Les Logiciels Scripta Legal inc.; (d) frame or link to Site content or information unless expressly permitted by both companies; (e) copy, reproduce, modify, distribute, publicly disclose or create derivative works from Site Content, other than your own personal information, without the express written consent of the relevant company or third party; (f) interfere or attempt to interfere with the operation of the Site, its services, tools or activities; or (g) bypass safeguards restricting access to the Site, including its robot exclusion protocols.
SECTION B - ROBOT EXCLUSION PROTOCOLS
La Société Scripta Legal inc. has implemented robot exclusion protocols. All Content appearing on the Site belongs exclusively to Les Logiciels Scripta Legal inc. or has been licensed to it and is protected by applicable Canadian and international intellectual property laws.
You therefore agree not to use robots or other automated means to access the Site for any purpose without prior express written consent from La Société Scripta Legal inc. and Les Logiciels Scripta Legal inc.
SECTION C - RULES TO FOLLOW WHEN USING THE SITE
When using the Site or its services, you agree not to: (a) transmit or upload material, documents or information that could be deemed defamatory, abusive, illegal, obscene, threatening, fraudulent, pornographic, harmful, inciting criminal or immoral acts, giving rise to legal liability for the Site or its companies and owners, violating applicable law or otherwise inappropriate; (b) transmit pyramid schemes or chain emails; (c) transmit viruses or other harmful components that could damage the Site or the interests or property of other users; (d) provide false or misleading information when using Site services; (e) attempt to collect or collect personally identifiable confidential information, including names, addresses, phone numbers, email addresses and customer account details; (f) use or attempt to use spiders, robots, avatars, intelligent agents, nonstandard browsers or automated systems; (g) access data to which you are not entitled or obtain information about others without authorization; or (h) circumvent, disable or interfere with security features or features preventing or restricting the use or copying of Site Content or enforcing limits on its use.
You must also not use false email addresses, impersonate another person, natural or legal entity or business, misrepresent the origin of documents or other content, or falsely claim to act on behalf of other Site users or the Site itself.
Notwithstanding the above, La Société Scripta Legal inc. permits public search engine operators to use spiders to copy material from the Site solely to create publicly available searchable indexes of that material, but not to cache or archive it. The company may revoke these exceptions generally or in specific cases.
SECTION D - MEASURES LA SOCIÉTÉ SCRIPTA LEGAL INC. MAY TAKE IN CASES OF ABUSIVE USE OF THE SITE / LIABILITY
You acknowledge and agree that La Société Scripta Legal inc. may, at its discretion, without limiting any other available remedies and without prior notice, take any of the following measures, particularly if it believes you have misused the Site: (a) limit, suspend or terminate your customer account; (b) suspend your use of the Site for a fixed or indefinite period, or permanently bar future use; (c) prohibit access to information you submitted to the Site, including where it believes you have violated these terms; and (d) take technical and legal measures to prevent you from using Site services.
You also acknowledge that La Société Scripta Legal inc. and Les Logiciels Scripta Legal inc. will not be liable to you or anyone else for such measures. If you disagree with these terms of use or the Site's operation, your sole remedy is to stop using the Site.
SECTION E - MONITORING USE OF THE SITE
By using the Site, you agree that La Société Scripta Legal inc. may collect, transmit, store, use and manage your personal and confidential information on Site servers located in Canada.
To adapt the Site to users' expectations, La Société Scripta Legal inc. retains information needed to count visitors, identify the most visited pages, technologies used by visitors, referring websites and users' countries of origin.
PART 9
WARRANTIES AND DISCLAIMERS
SECTION A - NO WARRANTIES, INCLUDING ANY OBLIGATION TO ACHIEVE RESULTS OR WARRANTY OBLIGATION, AND LIMITATION OF LIABILITY
No guarantee of continued operation of the Site
Les Logiciels Scripta Legal inc. and La Société Scripta Legal inc. do not guarantee continued operation of the Site. They reserve the right to shut it down or interrupt it at any time, at their sole discretion and without notice, and accept no liability for harm or damage such interruption or termination may cause you.
No guarantee that the Site will meet users' needs
Les Logiciels Scripta Legal inc. and La Société Scripta Legal inc. do not guarantee that the Site will always be available online, meet your requirements or needs, be free from temporary interruptions, technical delays, malfunctions, errors, omissions, loss of transmitted information, viruses or other harmful elements, or avoid damage to your computer system.
No guarantee that the Site will be free of errors
Although Les Logiciels Scripta Legal inc. and La Société Scripta Legal inc. do their utmost to avoid errors, they do not guarantee that the Site will be free of errors, defects, anomalies, problems, viruses, temporary interruptions or unavailability (each an “Error”), and disclaim all liability for Errors affecting the Site.
No liability for damages related to use of the Site
Under no circumstances will Les Logiciels Scripta Legal inc., La Société Scripta Legal inc., or their owners, shareholders, related companies, affiliates, licensees, directors, officers, employees, representatives, mandataries or agents be liable for incidental or accidental damages, whether foreseeable or not, arising directly or indirectly from accessing or using www.scriptalegal.com, including loss of data, revenue or profits from use or inability to use the Site.
No obligation to achieve results or warranty concerning use of the Site
The Site and its Content are provided as presented to users. You acknowledge that Les Logiciels Scripta Legal inc. and La Société Scripta Legal inc. make no express or implied warranties, including any obligation to achieve results or warranty obligation regarding use of the Site and its Content, and that their obligations are obligations of means only.
SECTION B - EXEMPTION FROM LIABILITY
Use at your own risk based on your personal understanding / no guarantee of results
Unless you have the interactive questionnaires and documents selected on the Site reviewed by a legal professional before signing them, you acknowledge and agree that you use the Site and its services at your own risk and assume responsibility for errors in the facts relating to your personal situation or misunderstandings of questionnaires that result in an interactive document not specifically meeting your needs for the intended transaction.
Les Logiciels Scripta Legal inc. and La Société Scripta Legal inc. provide the Site and its Content on the basis of: (a) your understanding of the questions in the interactive questionnaires and the general legal information provided; (b) your answers based on personal facts known to you; and (c) your own analysis of your circumstances and objectives for the selected interactive document. You acknowledge that you alone are responsible for those elements.
Accordingly, to the extent permitted by law, Les Logiciels Scripta Legal inc., La Société Scripta Legal inc. and their owners, shareholders, related companies, affiliates, associates, licensees, officers, directors, employees, representatives, mandataries and agents disclaim all express or implied warranties regarding any obligation to achieve results or warranty obligation concerning the Site and your use of it.
No warranty concerning other websites linked to the Site
Les Logiciels Scripta Legal inc. and La Société Scripta Legal inc. make no warranties or representations regarding the accuracy or completeness of other websites linked to the Site.
No liability for damage, unauthorized access, viruses, etc.
At the technological level, Les Logiciels Scripta Legal inc., La Société Scripta Legal inc., and their owners, shareholders, related companies, affiliates, associates, licensees, officers, directors, employees, representatives, mandataries and agents accept no liability for: (a) property damage or personal injury resulting from your access to or use of the Site; (b) unauthorized access to the Site's secure servers or to personal or financial information stored there, or unauthorized use of that information; (c) interruptions or cessation of transmissions to or from the Site; (d) viruses or similar material transmitted to or through the Site by third parties; or (e) loss or damage of any kind resulting from the use of materials or files transmitted or otherwise made available through the Site.
No guarantee of compatibility with your computer systems / no liability
Les Logiciels Scripta Legal inc. and La Société Scripta Legal inc. do not guarantee that material on the Site will be compatible with your equipment or computer systems or be free of errors or defects.
In this respect, Les Logiciels Scripta Legal inc., La Société Scripta Legal inc. and their owners, shareholders, related companies, affiliates, associates, licensees, officers, directors, employees, representatives, mandataries and agents disclaim all liability for damage of any kind you may suffer through use of the Site.
Warning to users acting in bad faith when using the Site
BY AGREEING TO THESE TERMS OF USE, LES LOGICIELS SCRIPTA LEGAL INC. AND LA SOCIÉTÉ SCRIPTA LEGAL INC. ASSUME THAT YOU WILL ACT IN GOOD FAITH AT ALL TIMES WHEN USING THE SITE AND ITS SERVICES AND THAT YOU ACKNOWLEDGE THE LIMITATIONS OF THEIR LIABILITY SET OUT HEREIN. NEVERTHELESS, IF YOU HAVE ACTED IN BAD FAITH WHEN USING THE SITE OR ITS SERVICES, BY ACCEPTING THESE TERMS YOU EXPRESSLY WAIVE ANY FORM OF PROTECTION, WHETHER STATUTORY OR OTHERWISE, THAT WOULD IN ANY WAY LIMIT THESE TERMS TO CLAIMS IN YOUR FAVOUR THAT YOU KNEW OR SUSPECTED EXISTED WHEN YOU ACCEPTED THEM.
PART 10
LIMITATION OF LIABILITY AND INDEMNIFICATION
SECTION A - LIMITATION OF LIABILITY
Subject to the professional code of ethics governing La Société Scripta Legal inc., you acknowledge that the Site, La Société Scripta Legal inc. and Les Logiciels Scripta Legal inc. will under no circumstances be liable to any person for injury, loss or direct, indirect, particular, incidental, consequential, special, punitive or exemplary damages, including damages caused by third parties, arising directly or indirectly from use of the Site, its Content or services, linked websites, inability to use the Site or its Content, malfunction of the Site, or use, downloading, uploading or access to materials, information or services on the Site. This includes financial or commercial losses and loss of programs or data from your computer systems, even if the Site and the companies knew such damages were possible.
Subject to the professional code of ethics governing La Société Scripta Legal inc., you acknowledge that this limitation applies to all causes of action, whether based on contract, warranty, tort or any other applicable legal theory.
Regarding this limitation of liability, Les Logiciels Scripta Legal inc. and La Société Scripta Legal inc. also invite you to read carefully the WARNING above under “Warning to users acting in bad faith when using the Site.”
For clarity, you acknowledge that Les Logiciels Scripta Legal inc., La Société Scripta Legal inc. and their owners, shareholders, related companies, affiliates, associates, licensees, directors, officers, employees, agents, mandataries, representatives, parent companies and subsidiaries will under no circumstances be liable to you for direct or indirect, punitive, special, incidental or consequential damages of any kind arising from: (a) property damage or personal injury related to accessing or using the Site; (b) unauthorized access to secure servers or personal or financial information they contain, or unauthorized use of such information; (c) use of the Site or interruption or cessation of transmission to or from it; (d) viruses or similar material transmitted through the Site by third parties; or (e) errors or omissions on the Site. They are also not responsible for any loss or damage from using material, documents or information posted, transmitted or otherwise provided through the Site, whether based on warranty, contract, damages or any other legal theory, whether or not the companies were informed of such damage, and whether or not it was foreseeable.
You acknowledge that the above limitation applies to the fullest extent permitted by the laws of any jurisdiction concerned. Where certain jurisdictions do not permit limitation of liability for punitive, consequential or incidental damages, the liability of Les Logiciels Scripta Legal inc. and La Société Scripta Legal inc. is limited to the maximum extent permitted by applicable law.
You also acknowledge that Les Logiciels Scripta Legal inc. and La Société Scripta Legal inc. expressly disclaim all liability concerning general legal information presented for informational purposes on the Site, which must never be treated as a legal opinion on any question of law, and any material, information or documents you transmit or download through the Site.
Les Logiciels Scripta Legal inc. and La Société Scripta Legal inc. will not be liable for total or partial nonperformance of their obligations or for any user's damages or losses caused by force majeure, unforeseen events or circumstances beyond their control.
SECTION B - INDEMNIFICATION
By using the Site and its services, you acknowledge and agree to defend, indemnify and hold harmless Les Logiciels Scripta Legal inc., La Société Scripta Legal inc. and their owners, shareholders, related companies, affiliates, associates, licensees, directors, officers, employees, agents, mandataries, representatives, parent companies and subsidiaries against all claims, damages, losses, demands, liabilities, costs, debts, expenses, causes of action and judgments (including reasonable legal fees and court costs) arising from or connected with: (a) allowing others to use your username, password or customer account; (b) your breach of any of these terms of use; (c) your infringement of any third party's rights, including copyright, property or privacy rights; or (d) a claim or action alleging that material you transmitted or uploaded to the Site caused injury or damage to a third party. This duty to defend and indemnify survives these terms of use and your use of the Site's services.
You also acknowledge and agree to indemnify and hold harmless Les Logiciels Scripta Legal inc., La Société Scripta Legal inc. and their owners, shareholders, related companies, affiliates, associates, licensees, directors, officers, employees, agents, mandataries, representatives, parent companies and subsidiaries against claims or actions brought by third parties, including reasonable lawyers' fees and court costs, arising from your breach of these terms, unauthorized use of the Site, violation of applicable law or infringement of third-party rights.
SECTION C - WARNING ABOUT INTERNET-RELATED RISKS
Despite La Société Scripta Legal inc.'s efforts to protect personal information transmitted or stored on the Site, all users must accept the risk that the confidentiality of these exchanges may be compromised.
You therefore acknowledge that Les Logiciels Scripta Legal inc. and La Société Scripta Legal inc. disclaim all liability for potential damages arising from the way you transmit or exchange personal information with the Site over the Internet, including the technology or computer systems you use to access it.
PART 11
PLACE OF OPERATION OF THE SITE AND GOVERNING LAW
The Site is published from Canada and its virtual servers are located in Canada. The Site, Les Logiciels Scripta Legal inc. and La Société Scripta Legal inc. are governed by the laws of the Province of Quebec and the applicable laws of Canada, and these terms must be interpreted accordingly.
You acknowledge that Les Logiciels Scripta Legal inc. and La Société Scripta Legal inc. make no representations or warranties that the Site's Content or material may be lawfully used outside Canada. Users are advised that access to and use of the Site or its Content is prohibited from any jurisdiction in which the Content or use of the Site would be unlawful.
You acknowledge that Les Logiciels Scripta Legal inc., La Société Scripta Legal inc. and their owners, shareholders, directors, officers, employees, mandataries and agents disclaim all liability for use of the Site from any jurisdiction outside Canada where such use is unlawful.
Users accessing the Site do so on their own initiative and are responsible for complying with all applicable laws of any jurisdiction outside Canada.
By accessing or using the Site, including to purchase one or more of its services, you agree that the laws of the Province of Quebec and the applicable laws of Canada, without regard to conflict-of-law principles, govern these terms of use and any dispute between you and Les Logiciels Scripta Legal inc., La Société Scripta Legal inc., their affiliates or the Site. All disputes, actions and claims concerning or arising from the Site or its contents or use are governed by those laws and must be submitted exclusively to the courts of the Province of Quebec.
PART 12
MISCELLANEOUS PROVISIONS
SECTION A - CHANGE OF OWNERSHIP OF THE SITE
In the event of an acquisition or merger involving Les Logiciels Scripta Legal inc., the owner of the Site, the transaction will be subject to applicable legislation. Les Logiciels Scripta Legal inc. reserves the right to transfer personal or confidential information collected by La Société Scripta Legal inc. from Site users as part of such an acquisition or merger.
If such an acquisition or merger occurs, Les Logiciels Scripta Legal inc. undertakes to request that the merged entity or purchaser, as applicable, comply with La Société Scripta Legal inc.'s personal information protection and privacy policies concerning your personal information.
If your personal information is to be collected, used, transmitted or retained for purposes not currently provided for in these terms of use, Les Logiciels Scripta Legal inc. and La Société Scripta Legal inc. undertake to inform you of the processing contemplated for those new purposes.
SECTION B - OTHER PROVISIONS
These terms constitute the entire agreement between La Société Scripta Legal inc., the Site and its users concerning use of the Site.
Failure by La Société Scripta Legal inc. or the Site to require strict compliance with a provision herein shall not be construed as a waiver of any of their rights under these terms.
A determination by a competent court that any provision herein is null, invalid or otherwise unenforceable shall not affect the validity of the remaining provisions.
SECTION C - MODIFICATIONS TO THE SITE AND TERMS OF USE
La Société Scripta Legal inc. reserves the right to modify or update the Site, its policies and these terms of use at any time without notice. Any modification or revision takes effect upon publication on the Site.
Your use of the Site is governed by the version of the terms of use published at the time of use. Personal information collected by the Site before a modification or revision will also become subject to the revised terms. You are therefore advised to read the terms of use before using the Site.
Continued use of the Site after a modification or revision is posted constitutes acceptance of that change. If you do not agree to be bound by an amendment or revision of La Société Scripta Legal inc.'s terms of use, you may no longer use the Site and must cease using it immediately.
If any amended or revised term is held invalid, void or otherwise unenforceable, it will be considered severable and will not affect the validity or enforceability of the remaining terms.