Welcome to the De Grandpré Chait LLP Web site (the “Site”). Please read carefully the De Grandpré Chait Site terms and conditions, as your access and use of this Site means that you agree to be bound to its terms and conditions set out below. These terms and conditions govern your usage of the Site, exempt De Grandpré Chait of its responsibility as to its content, and contain provisions you must acknowledge before its use. By using this Site, you agree and understand its terms and conditions and declare to be bound by them.
Information or Legal Advice
The use of this Site does not create a lawyer-client relationship between you and De Grandpré Chait, its representatives or legal professionals. Information contained on the Site shall not be interpreted as being a legal opinion or a business recommendation. No decision is to be taken based on such information. The Site and its content are made available to you for informative purposes only. You should seek the opinion of a lawyer or an expert for any legal advice regarding a specific situation.
De Grandpré Chait allows you to print or download pages from its Site for your personal use only and not for commercial purposes, providing that you do not modify its content, remove any identification, any copyright notice or trade-mark associated thereto. Any other use, in whichever manner, is strictly forbidden unless you have obtained a prior written consent from De Grandpré Chait. You cannot include or reproduce the content of the Site or any other part of it in any other product, including your Web site, or associate the content of the De Grandpré Chait Site to your goods and services. De Grandpré Chait owns all intellectual property rights related to its Site and these are protected by Canadian laws and International treaties regulating copyrights. © 2012 De Grandpré Chait, LLP. All rights reserved.
De Grandpré Chait owns the following trade-marks: De Grandpré Chait & designR, Du jugement, des résultatsR, Votre meilleur alliéR, A no nonsense approachR, Your Best PartnerR, L’avantage De GrandpréTM, IndiceTM, IndexTM. It is strictly forbidden to use these trade-marks unless a prior written authorisation has been obtained from De Grandpré Chait. No provision on this Site nor the display of these trade-marks on your computer grant you a license for, or the right to use such trade-marks.
De Grandpré Chait allows you to create a simple hyperlink to its Site by inserting a direct link to the following address : www.degrandprechait.com. It is otherwise forbidden to have any other link or associate with any form of framing, mirroring, deep linking or any other form of display, association or link.
De Grandpré Chait intends for the content and the information given on the Site to be accurate and reliable. However, it is possible that printing mistakes, errors, inaccuracies, omissions or other kinds of errors may occur from time to time. When such an incidence occurs, De Grandpré Chait displays on its Site an “Erratum” notice to keep you informed and to rectify the wrong or missing information. Nevertheless, the Site and its content are provided to you with no warranty, implicit or explicit. Save for any public order provision to the contrary, De Grandpré Chait assumes no responsibility and gives no guarantee regarding its Site or its content. Furthermore, De Grandpré Chait does not warrant that access to its Site will not be interrupted, that no faltering, error, omission or loss of transmitted information will not occur and that computer viruses will not be transmitted while using its Site. Moreover, De Grandpré Chait will not be held responsible for damages of any kind resulting from (1) the usage of its Site or any displayed or otherwise transmitted information on its Site or (2) nonfulfilment, error, omission, interruption of services, communication failure, transmission delay, default, theft or modification of its Site. De Grandpré Chait reserves the right to modify or remove, without notice, any part of the content of its Site, including the terms and conditions contained herein. De Grandpré Chait will not be held responsible for any prejudice resulting from exercising its rights provided herein. The terms and conditions referred to herein, including modifications which may be applicable, constitute the agreement in its whole between you and De Grandpré Chait in relation to the use of the Site.
Last Update: The terms and conditions have been updated on November 21, 2011.
Protecting your privacy is very important to De Grandpré Chait LLP and the members of our firm (hereafter “DGC” or “We” or “Us”), and our clients’ trust remains our priority.
Identification and Verification Requirements
The Barreau du Québec and other organizations regulating the legal profession have set certain rules regarding the identification of clients when opening new files or when retaining our services for the use of a trust account.
“The new Regulation respecting accounting and standards of professional practice of advocates came into force on July 8, 2010.
The Regulation sets out new rules for identifying and for verifying the identity of clients. These rules are based on a model regulation developed by the Federation of Law Societies of Canada. Identical rules have been passed in all the other provinces and territories of Canada to prevent the use of lawyers’ trust accounts for money laundering transactions and financing of terrorist activities. These rules are among the undertakings given by Canada to the Financial Action Task Force (FATF).
The new Regulation provides that all lawyers practising law in Quebec must identify their client in every new file. They must also verify the identity of their client in certain specific circumstances. These rules even apply to clients with whom the lawyer already has a long-standing business relationship.” Extract from the Notice to the Members of the Barreau du Québec, August 2010
When a new client account is opened for a corporation or an organization, we must therefore gather information relating to this entity, such as its corporate name, contact information, certificate of incorporation number or identification number, place of issuance and the general nature of the activities of the company, partnership or organization unless it is a financial institution, public body or reporting issuer. We also need to have the name, position, address and telephone number(s) of the person(s) authorized to give instructions pertaining to the mandate or contract for services. When opening an account for an individual, we must obtain the client’s contact information and occupation.
In addition, in some specific cases, the Regulation includes an obligation to verify the identity of clients and some third parties. This verification rule applies only if the mandate or the contract for services requires a financial operation, i.e. the receiving, paying or transferring of funds or if the lawyer gives instructions to that effect other than by means of an electronic transfer of funds. A series of exceptions limits the scope of this obligation.
In accordance with this Regulation, we must use all reasonable means to verify the identity. This verification must be based on documents, data or information from an independent and reliable source. We must obtain and retain a copy of that information in our file, either on paper or via information technology, as long as copies can be easily reproduced at any time.
In order to prove the identity of an individual, the following documents, data or information obtained from an independent and reliable source are required, and must be kept on file: copy of his passport, copy of his driver’s license, or copy of his health insurance card. When the client is a corporation or an organization, we must obtain from a proper authority the following documents, data or information that must be kept on file: i) the existence, name and address of the company, partnership or organization; ii) the name and occupation of the directors (except if the company, partnership or organization is a stock broker); iii) the name, address and occupation of any shareholder holding 25% or more of the company, partnership or organization’s voting shares.
Responsibility and Commitment
We are responsible for the personal information under our control. DGC has appointed one of its officers to ensure compliance with this Policy and all applicable privacy laws. The firm has implemented this Policy along with relevant administrative measures to protect your personal information, to receive any complaint from its clients and to address them promptly. DGC ensures constant training of its staff and oversees their compliance with our policies and related administrative measures with regards to the protection of personal information. If you have any questions or wish to talk to the appointed officer, please contact the DGC Chief Privacy Officer.
Purpose for identification
DGC collects various personal information, such as your name, mailing address, email address, telephone number and credit card number. Some personal information is mandatory to accept a mandate, while some other is optional
DGC only collects personal information that is necessary for the following purposes:
1.1 establish and maintain business and personal relationships with you, and evaluate the state of our relationship;
1.2 provide legal advice and legal services;
1.3 fulfill our obligations and avoid conflicts of interest;
1.4 communicate with you and with third parties regarding the mandates entrusted to us;
1.5 open a client account to meet our obligations and comply with our Professional Code;
1.6 understand your needs and expectations;
1.7 verify, if needed, the identity, solvency and credit record of our clients or to obtain information from a credit agency;
1.8 answer your questions concerning, among other things, your account and your files;
1.9 address the current legal and regulatory requirements with respect to the protection of personal information;
1.10 offer you advice and services according to your needs;
1.11 develop, improve, market and promote our services;
1.12 distribute our publications, invitations and other informational communications by mail, email, text message or by any other means of communication;
1.13 develop and manage our databases and administrative systems;
1.14 issue invoices, manage accounts, process payments and collect unpaid amounts.
DGC is committed to obtaining personal information about its clients by fair and lawful means. Should we have to obtain personal information for reasons other than those listed above, we will advise our clients in advance in order to obtain from them the proper authorization to collect, use and disclose their personal information.
2. USE AND DISCLOSURE
DGC uses and discloses its clients’ personal information only for the purposes identified above, or only when it is authorized to do so by its clients, save and except where it is not required by law. DGC can call upon third parties to manage certain aspects of its business operations, including the handling of personal information. Such third parties are bound by the same contractual confidentiality obligations and must protect your personal information in accordance with this Policy. DGC can further, from time to time, communicate on a confidential basis your personal information to the following parties: an agency or a corporation which has been retained by DGC to evaluate your solvency or to collect debts outstanding on an account, or debts owed to a regulatory agency or a corporation related to DGC’s professional obligations and its practice of the profession of advocate or any other end permitted or required by the applicable law.
DGC is committed to informing its clients, by means of this Policy, its website or its employees, of the purposes for collecting, using and disclosing personal information. By submitting your personal information to DGC, you agree that we may collect, use and disclose such personal information in accordance with this Policy and as permitted or required by law.
When you access our website, you allow us to use a browser feature called a “cookie” which is designed to improve our website and offer you services and Web content addressing your needs and your Internet browser preferences. Cookies are used to track your visits to our website. Their sole purpose is to improve our personalized service and to know more about your preferred pages. You can reject cookies by changing the settings of your web browser accordingly. However, keep in mind that rejecting cookies may damage or limit your access to some of our website functions and thus restrict your access to various website options.
DGC is committed to informing you of any change to this Policy by indicating the date of the latest version at the end of this reviewed policy and the nature of such changes. You will also be informed of such changes in writing or through our employees.
At any time, you may refuse or withdraw your consent to the collection, use and disclosure of your personal information by contacting the DGC Chief Privacy Officer. However, if you withdraw your consent, we could be unable to continue representing you or providing you with the legal services or information which could be of value to you.
Limitation of Use, Communication and Retention of Personal Information
DGC only uses and discloses its clients’ personal information for the sole purpose described in this Policy. DGC has established procedures for the retention and secure destruction of personal information under its control. DGC keeps personal information to the extent that it is necessary for the purposes aforesaid.. DGC destroys, deletes or standardizes the personal information which is no longer required. DGC reserves the right to close completed files or accounts that have been inactive for more than twelve (12) months. When a file has been completed or an account has been closed, the personal information related to such file is archived for verification purposes and may be destroyed after seven (7) years.
DGC collects personal information directly from its clients. DGC requires its clients to update or rectify their personal information, including their name and address, by communicating as far as possible such modifications to DGC. Please note that DGC does not systematically update its clients’ personal information unless it is necessary for the aforementioned purposes.
Acknowledging that privacy protection is important, DGC has implemented security measures appropriate to the sensitivity of the personal information it manages. DGC maintains appropriate physical, procedural and technical safeguards in its offices and premises used for storing personal information. Consequently, DGC limits access to personal information only to those employees who require such information to accomplish their tasks. Files containing personal information on paper are kept in filing cabinets available only to authorized personnel. Personal information in electronic format is protected by technical and technological means such as passwords, firewalls, antivirus software and other protection software, as well as by encryption of certain data preventing the loss, theft, unwanted access, excessive use, unauthorized modifications and spyware attacks. DGC is committed to maintaining its servers in a safe environment and its computer infrastructure is managed by experts dedicated to data protection. All DGC personnel is trained and aware of the importance of protecting the confidential nature of personal information.
However, we cannot guarantee the security of any personal information you submit to a third party via our website hyperlinks since such sites are owned and operated by independent third parties. Those sites have their own privacy policies and are not under our control. Any personal information you submit to third parties will be subject to their own privacy policies. DGC is not responsible or liable for any third party’s use, actions or management of this Policy.
Upon written request, DGC will inform you of the existence, use and disclosure to third parties of your personal information. You may also have access to your personal information, subject to the exceptions set forth in the applicable legislation. Upon request, you may obtain a list of organizations or third parties to whom your personal information could have been or has been disclosed for the purposes set forth herein. You may also challenge the accuracy and completeness of the personal information we have on file and request that we rectify same. DGC will then promptly modify your personal information once it has verified that you have provided us with accurate and complete information.
Such requests should be sent in writing to the DGC Chief Privacy Officer. Your request should contain enough information to clearly identify you so we can inform you of the existence, use and disclosure of your personal information we have on file. DGC will review your written request within thirty (30) days of its receipt. This delay may be extended for a further period of thirty (30) days if the initial study of your request hinders DGC’s business operations or if it requires a professional consultation, in which case it would be difficult to maintain the original delay. There is no cost related to such a request, save and except if it is complex. DGC reserves the right to refuse to answer your request within the prescribed delay in accordance with applicable privacy laws. In such cases, any refusal will be properly documented and you will be notified of the legal remedies available. If you are not satisfied with our response, you may file a complaint to the DGC Chief Privacy Officer, as described in the following section.
DGC reserves the right to change at any time this Policy and to publish the revised policy on our website or through any other means of communication. We ask that you read this section which will regularly inform you about the date and nature of the changes. Any modification to this Policy will be made in accordance with the laws in force. By continuing to provide us with your personal information or visiting our website after changes were made to this Policy, you implicitly consent to the modifications made to this Policy.
Last Update: August 25, 2015.