PERSONAL INFORMATION PROTECTION AND PRIVACY POLICY

1. PURPOSE OF THE POLICY

SOLUTIONS NOVUM INC. (“Novum”) is a provider of legal services to Members through the Novum – Your Access to Justice website (novumlegal.ca) as well as through the Application, which processes personal information.

Novum is committed to protecting your personal information, in accordance with applicable Canadian and Québec laws, including the Act Respecting the Protection of Personal Information in the Private Sector (CQLR c. P-39.1) and the Act to promote the efficiency and adaptability of the Canadian economy by regulating certain practices that discourage the conduct of electronic commerce and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (S.C. 2010, c. 23), commonly referred to as the Anti-Spam Act.

This policy aims to ensure the protection of personal information and to govern how Novum collects, uses, discloses, retains, and destroys such information or otherwise manages it. It also aims to inform any interested person how Novum and its staff handle their personal information.

It further applies to the processing of personal information collected by technological means by Novum.

2. SCOPE AND DEFINITIONS

This policy applies to Novum, including its officers, employees, lawyers, interns, consultants, volunteers, as well as any other person providing services on behalf of Novum. It also applies to Novum’s website.

It covers all types of personal information handled by Novum, whether relating to its prospective or current clients, consultants, employees, members, or any other persons (such as visitors to its website).

For the purposes of this policy, unless the context otherwise requires, the following terms have the meanings indicated below:

• “Accès Novum” means the platform providing access to legal services via the Site or the Application, through which Members are connected with lawyers to receive Services.
• “Application” means the Accès Novum application available for free download from smartphone and tablet app stores.
• “Partner Firm” means, as applicable, any of Novum’s partner law firms that may provide Services to Members.
• “Member” means a person whose Organization has subscribed to Novum’s service offering and who may benefit from full coverage for the Services.
• “Organization” means any entity, employer, or association that has subscribed to the Services for the benefit of its Members.
• “Service(s)” means the legal services available to Members, as selected by the Organization from Novum for the benefit of its Members.
• “User(s)” means any person who browses the Site or uses the Application, whether a Member, an Organization, or a visitor.
• “Personal Information” means information about an identifiable individual which allows, directly or indirectly, the individual to be identified (e.g. name, address, email address, telephone number, gender, banking information, health data, ethnic origin, language, etc.).
• “Sensitive Personal Information” means information for which there is a high reasonable expectation of privacy (e.g. health, banking, biometric data, sexual orientation, ethnic origin, political opinions, religious or philosophical beliefs, etc.).
• “Site” means the website at https://novumlegal.ca.

Business or professional contact information (such as name, title, work address, work email, or work phone number) does not generally constitute Personal Information. In particular, under Québec’s Act Respecting the Protection of Personal Information in the Private Sector, as of September 22, 2023, sections 3 (collection, use, disclosure), 4 (retention and destruction), and 6 (data security) do not apply to information relating to an individual’s performance of a function within a business, nor to information that is public by law.

3. COLLECTION, USE AND DISCLOSURE

In carrying out its activities, Novum may collect various types of Personal Information for different purposes. The types of information collected, the purposes for which it is used, and the methods of collection are listed in Annex A to this policy, available upon request.

When you use the Site and/or the Application, and particularly Accès Novum, you will provide Novum with some or all of the following Personal Information:

• Identity information: first and last name and the name of your Organization;
• Contact information: address, telephone number, and email; and/or
• Communication information such as your IP address.

Novum also collects Personal Information when you communicate with us by email, through forms available on the Site, Accès Novum, and/or the Application, by telephone, or otherwise. We use the information collected to communicate with you, send you a reply, and/or resolve any technical problem reported.

Novum will inform the individuals concerned, at the time of collection, of any additional information collected, the purposes for which it is collected, and the methods of collection, in addition to other information required by law.

Novum applies the following general principles regarding the collection, use, and disclosure of Personal Information:

3.1 Consent. Novum generally collects Personal Information directly from the individual concerned and with their consent, except where a legal exception applies. Consent may be implicit in certain situations—for example, when the person voluntarily provides their Personal Information after having been informed by this policy of the purposes for which it will be used and disclosed.

Novum must also normally obtain consent before collecting Personal Information from third parties, before disclosing it to third parties, or for any secondary use of such information. Novum may, however, act without consent in certain cases provided for by law.

3.2 Collection. Novum collects only information it has a valid reason to collect and limits collection to what is necessary for the intended purpose. Only Members whose Organization has subscribed to the Services may benefit from Services via Accès Novum. Registration is required, and Members must ensure that all Personal Information provided is accurate, complete, and up to date.

Collection from third parties may occur with the individual’s consent, or without consent where permitted by law (for example, if necessary in the person’s interest and not possible to collect from them in time, or to ensure the accuracy of the information).

3.3 Retention and Use. Novum ensures that the Personal Information it holds is up to date and accurate when used for decisions relating to the individual concerned. Personal Information may only be used for the purposes stated herein or provided at the time of collection. A new consent must be obtained for any new purpose, and explicit consent is required for Sensitive Personal Information. Certain secondary uses are permitted by law without consent (e.g. for the individual’s obvious benefit, to prevent or detect fraud, or to evaluate or improve security measures).

Access to Personal Information is limited to employees and persons within Novum who need to know it for their duties. Consent is required to grant access to anyone else.

3.4 Disclosure. Novum will generally obtain consent before disclosing Personal Information to a third party, and explicit consent for Sensitive Personal Information. However, disclosure without consent may occur where necessary, for example to a public body collecting it in the exercise of its powers, to service providers under written contracts imposing confidentiality and security obligations, or in connection with a commercial transaction or legal proceedings as permitted by law.

Transfers outside Québec. Data stored by Novum is retained in Canada. Personal Information may nonetheless be disclosed outside Québec—for example, to cloud service providers whose servers are located outside the province or to subcontractors abroad. Novum will not share Personal Information with third parties except in response to a verified request from law enforcement or other competent authority, including government officials as part of a criminal investigation or suspected illegal activity.

3.5 Information on technologies used

• Cookies and local storage. The Site uses cookies to remember visitors’ settings and preferences (such as language) and for statistical purposes to understand visitor behaviour and improve the site. Session cookies are kept only during the visit; persistent cookies remain until they expire. Some cookies may be disabled by default, and visitors can enable or disable them in their browser settings. The Application does not use cookies but uses local storage for an anonymous session to create a request.
• Google Analytics. The Site uses Google Analytics to support continuous improvement. Google Analytics uses cookies to generate statistical reports on visitor behaviour and content viewed. Novum will never share Google Analytics information with third parties. A browser add-on is available to disable Google Analytics.
• Other technological means. Novum also collects Personal Information via web forms integrated into Accès Novum or its Application, or through other electronic forms (e.g. Microsoft Forms), online questionnaires, and may record calls for training, validation, and staff protection purposes. Novum must ensure that the highest level of privacy settings is enabled by default for any product or service it offers (cookies excluded).

4. RETENTION AND DESTRUCTION OF PERSONAL INFORMATION

Novum takes appropriate technical and technological security measures to protect your Personal Information from any unauthorized access, loss, copying, or disclosure. It undertakes to respect the standards and requirements of the Québec Bar regarding security measures and professional secrecy.

Unless a minimum retention period is required by law or regulation, Novum retains Personal Information only as long as necessary to achieve the purposes for which it was collected. Personal Information used to make a decision about a person or to perform a mandate must be retained for at least seven (7) years after the end of the year in which the decision was made or, when Services have been rendered, after the file closing date.

At the end of the retention period or when Personal Information is no longer needed, Novum will either destroy it securely or anonymize it (so that the person can no longer be identified and no link can be re-established).

5. NOVUM’S RESPONSIBILITIES

Novum is generally responsible for protecting the Personal Information it holds. It is not liable for any damage arising from the use or inability to use the Site, the Application, or Accès Novum, including damages due to technical causes. Members must preserve the confidentiality of their access codes and cannot authorize others to log in on their behalf. Novum does not guarantee any particular outcome from the Services.

The person responsible for the protection of Personal Information at Novum is the Executive Director (or, in their absence, the Director of Legal Services). This person approves policies and practices governing Personal Information, implements this policy, and ensures it is known, understood, and applied.

All Novum staff members with access to Personal Information or otherwise involved in its management must protect it and comply with this policy.

To provide the Services, your Personal Information may be disclosed to one of Novum’s Partner Firms depending on the Member’s territory. Novum will not sell or transfer your Personal Information to other third parties.

6. DATA SECURITY

Novum undertakes to implement reasonable security measures appropriate to the purposes, quantity, distribution, medium, and sensitivity of the information. Sensitive Personal Information must be subject to stronger security measures. Novum must also impose usage restrictions so that only employees who need access to Personal Information are authorized.

7. RIGHTS OF ACCESS, RECTIFICATION AND WITHDRAWAL OF CONSENT

As an individual, you may request in writing that Novum provide access to any Personal Information it holds about you, in accordance with sections 27 et seq. of Québec’s Act Respecting the Protection of Personal Information in the Private Sector.

Requests for access, rectification, or withdrawal of consent must be submitted in writing to Novum’s Privacy Officer at the email address provided below. Subject to legal restrictions, individuals may request access to their Personal Information, request corrections if inaccurate or incomplete, demand cessation of dissemination or de-indexing of hyperlinks where the disclosure contravenes law or a court order, or request re-indexing under certain conditions provided by law.

Novum’s Privacy Officer must respond in writing within 30 days of receiving the request. Any refusal must state the legal grounds and indicate possible remedies and time limits.

Subject to legal and contractual restrictions, individuals may withdraw their consent to the use or disclosure of their Personal Information, although this may end Novum’s services. Withdrawal does not automatically entail destruction of the information, as Novum has a professional obligation to retain it in its files.

8. COMPLAINT HANDLING PROCESS

Any person wishing to file a complaint regarding the application of this policy or the protection of their Personal Information by Novum must do so in writing to Novum’s Privacy Officer at the email address below, stating their name, contact information, and the subject and reasons for the complaint with sufficient detail.

Novum undertakes to handle all complaints confidentially. Within 30 days of receiving the complaint (or of receiving any additional information required), the Privacy Officer must evaluate it and provide a written, reasoned response by email to the complainant. If the complaint cannot be processed within that time, the complainant will be informed of the reasons for the delay and the expected timeframe.

A separate file will be kept for each complaint. Individuals may also lodge a complaint with the Quebec Access to Information Commission or another supervisory authority responsible for applying the relevant law, but Novum invites individuals to first contact its Privacy Officer and await completion of its process.

9. APPROVAL

This policy is approved by Novum’s Privacy Officer, whose business contact details are as follows:

Privacy Officer:
Me Marianne Routhier-Caron
400 Atlantic Avenue, Suite 700
Montréal (Québec) H2V 1A5
Email: mrouthier@novumlegal.ca

For any request, question, or comment regarding this policy, please contact the Privacy Officer by email.

10. PUBLICATION AND AMENDMENTS

This policy is published on Novum’s Site as well as on any websites to which it applies, and it is disseminated by any appropriate means to reach the persons concerned.

Novum must do likewise for any amendments to this policy, which will also be notified to affected individuals.

Version history and changes:

Tableau des versions et des changements :

Source : https://maloi25.ca/politique-de-protection-des-renseignements-personnels-et-politique-de-confidentialité/

 

ANNEX A

Below is a non-exhaustive list of the types of Personal Information that Novum may collect, their use or intended purpose, and the means by which Personal Information is collected. This includes, but is not limited to, the following items.

Please note that most of the Personal Information handled by Novum relates to employees, job applicants, consultants, and Members. For the other categories of persons indicated in the table below, the information provided is, in most cases, professional or business information (see Section 2 on business contact details). In addition, in most cases Novum also collects the person’s professional title/position, the name of the Organization, and/or the Organization’s address (see Section 2 on business contact details).