Novum Access
Novum Access

TERMS OF USE & PERSONAL AND SENSITIVE DATA MANAGEMENT POLICY

Last updated: June 11, 2024

NOVUM LEGAL INC. is a legal entity duly incorporated under the laws of the province of Quebec, Canada, with its place of business in Montreal, Quebec, Canada (hereinafter referred to as “Novum” or “we”).

Novum is a provider of legal services to Members through the Novum Site – Your Access to Justice (novumlegal.ca), as well as through the Application.

NovumTM/MC and Access NovumTM/MC are also trademarks belonging to NOVUM LEGAL INC.

DEFINITIONS

In this agreement, the following terms and expressions, unless the context opposes, have the following meanings:

  • “Access Novum” means the legal services access platform available via the Site or the Application through which Members are put in contact with lawyers to receive the Services;
  • “Application” means the Access Novum application available for free download in smart phone and tablet e-stores;
  • “Partner Firm” means, as the case may be, any of the partner law firms of Novum that can provide the Services to Members;
  • “Conditions” means the General Terms of Use including the provisions for the protection of personal and sensitive data, as amended at Novum’s discretion;
  • “Member” means a person for whom the Organization has subscribed to Novum’s service offer and who can benefit from full support for the Services;
  • “Organization” means any entity, employers, or groups that have subscribed to the Services for the benefit of its Members;
  • “Intellectual Property” collectively refers to all intellectual property of Novum, including but not limited to Novum’s trademarks and logos, registered or not in any territory, as well as the business name, trade name, and domain name of Novum, including any associated copyrights and moral rights to any software, databases, documentation, source code, application, and/or know-how developed by Novum; and also, if applicable, any invention and any attached patent, as well as any intellectual property attached to their trade secrets.
  • “Information” means all data, including personal and sensitive data of Members, that a User communicates to Novum through the use of the Site, the Application and/or otherwise collected by Novum in the course of providing the Services;
  • “Service(s)” means the legal services available to Members, all following the selection of services chosen by the Organization from Novum for the benefit of its Members;
  • “Site” means the website available at https://novumlegal.ca;
  • “User(s)” means any person who browses the Site or uses the Application, whether a Member, an Organization, or a simple visitor.

PURPOSE

These Conditions aim to define the terms under which the Site and the Application respond to the Organizations’ requests and provide the Services to Members. Any use of the Services through the Site and/or the Application will be in compliance with these Conditions.

The Site is accessible to Users, the Application is available for free download for all, and Access Novum is available to Members.

By exploring and/or using the Site and/or the Application, or by connecting to Access Novum in any manner, you accept these Conditions and are bound by them. If you do not agree with all or part of them, please refrain from using the Site, the Application, or Access Novum.

CONSENT

The User declares to have read and accepted these Conditions in force on the day of access to the Site and/or the Application.

Novum reserves the right to modify these Conditions at any time without notice, and it is the User’s responsibility to regularly refer to the latest version of said Conditions.

Any access to the Site, the Application, and/or Access Novum after modification of the Conditions constitutes acceptance of the most recent Conditions by the User.

USER COMMITMENT

As a Member, you particularly agree to:

  • Use the Site, the Application, and Access Novum in good faith, reasonably, and in compliance with these Conditions;
  • Not publish, display, or otherwise communicate to Novum any threatening, violent, abusive, hateful, defamatory, or privacy-violating content or comments;
  • Not use any device, software, or routine to affect or attempt to affect the proper functioning of the Site or the Application. You also agree not to perform any act that imposes an unreasonable or disproportionately large load on the Site or Application’s infrastructure (likely to cause temporary or permanent unavailability) or to disparage the content;
  • Not use the Site, the Application, or Access Novum for illegal purposes or to cause harm to any person, including any harm to the reputation of Novum or the Partner Firms.

The commitments listed above also apply to Organizations communicating with Novum, with necessary adaptations as applicable.

APPLICATION SPECIFICITIES

A videoconferencing tool is available to Members via the Application.

It is strictly forbidden for the Member or any other person to record the videoconference, in whole or in part, in video and audio, or in video or audio only, without prior authorization from the participant(s) in the videoconference with the Member, and to take any screenshots.

TECHNICAL REQUIREMENTS

Access to the Services may be subject to certain technical requirements. The formats in which videos, images, sounds, texts, and other content elements can vary.

The types of video and audio players required, as well as the type of internet connection, will be indicated on the Site and/or on the Application, where appropriate.

If you do not meet these technical requirements, you may not be able to use the Services. It is also possible that you cannot use the Services due to the technical protection measures specific to the device you use.

CONDITIONS OF ACCESS TO THE SERVICES

Only Members for whom the Organization has subscribed to the Services can benefit from the Services via Access Novum.

Using the Services offered via Access Novum requires a registration process in which the Member must provide Information. The Member agrees that all communicated Information is accurate, complete, and up-to-date and to make necessary changes to fulfill this obligation at all times.

PERFORMANCE, FUNCTIONALITY, AND AVAILABILITY

Novum makes commercially reasonable efforts to ensure that its Service is continuously available and to secure the Site and the Application by all commercially reasonable means. Novum takes all measures to limit inconveniences caused by technical failures.

However, Novum cannot exclude the possibility of technical problems or unauthorized interventions aimed at introducing computer viruses. For these reasons, Novum cannot guarantee uninterrupted access to the Service nor access free of any other form of nuisance. Consequently, Novum cannot be held responsible for errors, functional failures, incidents, and problems that may result from using the Service.

Additionally, certain interruptions are necessary to modify or improve the Service and to ensure regular technical maintenance of the service. You acknowledge that Novum has the right to interrupt access to its Service voluntarily, without notice, to detect and eliminate any potential fraud or abuse and to rectify technical or functional and operational failures.

Novum assumes no responsibility for any harm you may suffer due to any interruption.

VERIFICATIONS

Novum reserves the right to access Members’ profiles at any time, especially in case of suspected fraud and/or malfeasance, and to resolve any technical problems. These interventions are made to ensure the improvement of the Services offered and/or to protect Users.

Novum reserves the right to unilaterally and without prior notice refuse access, in whole or in part, to the Site, the Application, and/or the Services, particularly in case of violation of these Conditions.

COOKIES

By accepting the Conditions, you agree that information may be saved on your computer through cookies.

A “cookie” is a file placed on your hard drive that analyzes web traffic, site usage, identifies pages used, and calculates the number of visitors to the Site and Application. The Site and Application can adapt their operation according to your needs by remembering your preferences.

These elements allow us to improve the quality of our services and facilitate your future visits to our Site as much as possible. Most web browsers allow you to delete cookies from your hard drive, block them, or notify you of their presence. Please refer to your computer’s instructions for more information on these functions and how to disable them if desired.

PROTECTION OF PERSONAL INFORMATION

Novum takes all reasonable measures to protect the personal data you communicate.

Novum is committed to protecting your personal information and data, in accordance with the provisions of applicable Canadian and Quebec laws, particularly the Act Respecting the Protection of Personal Information in the Private Sector (RLRQ c P-39.1) and the Act to Promote the Efficiency and Adaptability of the Canadian Economy by Regulating Certain Practices that Discourage the Exercise of Electronic Commerce Activities and to Amend the Act Establishing the Canadian Radio-television and Telecommunications Commission, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (SC 2010, c 23), commonly known as the Anti-Spam Act.

A Privacy Policy has been adopted by Novum.

INFORMATION COMMUNICATED TO NOVUM

When using the Site and/or the Application, and particularly when using Access Novum, you will communicate one or all of the following Information to Novum:

  • Your identity information: first name(s), last name(s), and your Organization’s name;
  • Your contact information: address, phone number, and email; and/or
  • Your communication information such as your IP address.

Novum also collects Information when you communicate with us by email, via forms available on the Site and/or the Application, or otherwise. We use the information collected in this way to communicate with you, send you a response, and/or resolve the reported technical issue, if applicable.

PURPOSES OF DATA PROCESSING

By communicating your Information, you expressly authorize Novum to use it for the following purposes:

  • To enable and facilitate the use of the Services;
  • To execute the Services;
  • To communicate with you, notably to follow up on your requests;
  • To proceed with the transmission of commercial offers and updates related to our Services;
  • To personalize our Services and your use of the Site and/or Application;
  • To enable compliance with the legal, regulatory, and administrative requirements to which we are subject.

RIGHTS

In compliance with the applicable laws and regulations, you have the right to access, rectify, update, and delete your personal data. You can also withdraw your consent at any time, request a limitation on data processing, or oppose the processing of your personal data.

To exercise these rights, please contact us at the following email address: privacy@novumlegal.ca.