Privacy Policy and Confidentiality Policy 2024-09

Beauvais Truchon s.e.n.c.r.l.

Last Updated: February 26, 2025

1. Purpose

Beauvais Truchon Avocats ("BTA") is committed to protecting personal information collected, used, and disclosed for the provision of legal services and its activities, in accordance with applicable regulations, including the Act respecting the protection of personal information in the private sector, and its professional obligations.

As practicing lawyers, we are bound by our professional and ethical obligations to preserve the privileged and confidential nature of the information we receive when dealing with our clients.

The purpose of this Policy is to help you understand our practices regarding the collection, use, disclosure, and retention of personal information. We have integrated our personal information protection governance policy and our confidentiality policy governing the use of our website into a single policy.

To provide you with quality services, we need access to certain personal information about you. We ensure that our employees manage this information with all necessary discretion and rigor, in compliance with current legal and regulatory requirements.

By providing us with personal information, you agree that it will be processed in accordance with this Policy, and you authorize BTA, its third parties, and its service providers to process your personal information for the purposes set out below.

2. Personal Information

Personal information refers to any information concerning a natural person that allows them to be identified or that, individually or in combination with other information, allows them to be identified.

However, personal information does not include professional contact information, such as your name, title or position, or your work phone or fax number.

3. Scope

This Policy applies to all BTA personnel, including students, interns, and temporary staff.

It applies to all personal information held by BTA, including information held by a third party, regardless of the medium on which it is stored, from its collection to its destruction.

It also applies to any person to whom BTA entrusts personal information in the course of performing a mandate or a service contract.

4. Guiding Principles

In carrying out its activities, BTA collects and processes personal information. It follows from the applicable legislative framework that BTA must protect the personal information it holds. To do this, BTA undertakes to take measures to ensure the protection of this personal information. Its practices are based on the following principles:

Accountability: BTA is responsible for the information it holds. To do this, BTA:

Implements policies and practices to comply with its personal information protection obligations.
Evaluates the privacy impacts of an acquisition, development, or redesign project of an information system or electronic service delivery involving personal information, including any project involving the use of images, video surveillance technology, or recording, particularly for investigation purposes.
Regularly raises awareness and provides its staff with training related to the protection of personal information. These activities take various forms, depending on the context and desired objective, and are subject to evolve over time, and may include: onboarding training, presentations, information capsules, team meetings, etc.
Establishes a procedure for handling complaints related to the management of personal information it holds.

Necessity: BTA only collects personal information necessary for the exercise of its functions or the implementation of programs for which it is responsible. BTA personnel only access personal information they need to perform their duties.

Consent: Whenever required by law, BTA ensures that it obtains the valid consent of the person concerned by the personal information, for example, to use it for purposes other than those for which it was collected or to disclose it to third parties. Valid consent is manifest, free, informed, and given for specific purposes. It is requested for each of these purposes in simple and clear terms, allowing the person concerned to understand the scope of what is being requested. If it concerns sensitive information, consent must be given expressly.

As practicing lawyers, we are required to comply with professional and ethical obligations, and we do not disclose any personal information protected by solicitor-client privilege, unless, by law, it is possible to waive this privilege or we are required to disclose such information.

Confidentiality: BTA ensures the confidentiality of the personal information it holds. It takes the necessary security measures to protect personal information, from its collection to its destruction. These measures take into account the sensitivity, purpose, quantity, distribution, and medium of the personal information. It implements the necessary measures to limit the use and disclosure of this information.

Accuracy: BTA ensures that the personal information it holds is up-to-date, accurate, and complete for the purposes for which it is collected.

Transparency: BTA demonstrates transparency in the management of the personal information it holds. During collection, its personnel inform the person concerned of the purposes of the collection, how it will be used, and other elements required by law. In case of collection by technological means, this information is included in its privacy policy published on its website. BTA also publishes its governance policy on the protection of personal information.

5. Security and Incident Management

The protection of personal information is ensured throughout its lifecycle. Personal information held by BTA is confidential, except as provided by law.

Any violation of the Policy, whether perpetrated by a staff member, supplier, partner, guest, consultant, or external organization, is subject to sanctions provided for in the contract binding them to BTA or under the provisions of applicable legislation and regulations.

If BTA has reasons to believe that a confidentiality incident involving personal information it holds has occurred, its team takes reasonable measures to mitigate the risks of harm and prevent new incidents of the same nature from occurring, which may include sanctioning the individuals involved.

6. Collection of Personal Information

In the course of our interactions with you, whether for the provision of legal and other related services or in the context of our activities, we must collect certain personal information about you. The personal information we collect is necessary to offer you the requested services.

Provision of Legal Services

For the purposes of opening, taking charge of, and managing client accounts, BTA collects the necessary information to administer accounts, process invoicing, collect and process payments, assess creditworthiness, and fulfill its contractual obligations.
For the purposes of providing legal services, BTA collects the necessary information to initiate and maintain a relationship with the client, provide professional services and advice, fulfill its legal obligations, and avoid conflicts of interest in law.

Human Resources Management

For the purposes of recruiting and hiring personnel, BTA collects the necessary information for evaluating applications, as well as for the conclusion and execution of employment contracts for BTA employees.

Dissemination, Marketing, and Service Improvement

For the purposes of promoting its activities and improving its services, BTA collects the necessary information for the distribution of its newsletters, invitations, and other publications intended for its clientele, for evaluating customer service, and for managing and updating its document management systems.

7. Disclosure of Personal Information

BTA cannot disclose confidential personal information to a third party without the consent of the person concerned. The law provides for certain exceptions, including:

In case of emergency or to prevent an act of violence;
To allow the exercise of a mandate or the execution of a service agreement with a third party;
In case of a confidentiality incident, to notify a person or organization likely to reduce the risk of serious harm.

Before disclosing confidential personal information to a third party, BTA staff must ensure they consult the General Management or the Privacy Officer.

In the course of its activities, BTA may notably disclose personal information for the purposes of providing legal services, in the context of or in anticipation of legal proceedings, such as litigation or arbitration or mediation proceedings. Third parties may include opposing parties, interested parties, foreign or opposing lawyers and advisors, witnesses, courts, arbitrators, other decision-makers, and experts.

At no time will BTA sell or exchange your personal information for payment.

If BTA must disclose personal information outside of Quebec, its team first conducts a privacy impact assessment to evaluate the impact of such disclosure.

8. Use of Personal Information

BTA personnel use personal information only for the purposes for which it was collected. Any other use must first be authorized by the General Management or the Privacy Officer. The latter ensure that this new use complies with the law.

9. Retention of Personal Information

BTA securely retains and ensures the confidentiality of personal information in the exercise of its functions, throughout its retention by BTA. We have implemented several types of measures to protect your personal information against loss, theft, and unauthorized access, use, or disclosure. These include:

Physical measures, e.g., locked premises;
Technological measures, e.g., firewalls;
Organizational measures, e.g., adoption of an information security policy.

Personal information is retained only for the duration necessary to carry out its activities, considering the retention periods provided in BTA's retention schedule.

10. Destruction of Personal Information

BTA personnel securely destroy personal information when the purposes for which it was collected have been achieved, according to the deadlines provided in BTA's retention schedule and document management rules.

When BTA proceeds with the destruction of documents containing personal information, it ensures that it takes the necessary protective measures to ensure their confidentiality. BTA determines the method of destruction used based on the sensitivity of the information, the purpose of its use, its quantity, its distribution, and its medium.

11. Confidentiality Policy for Personal Information Collected by Technological Means

The rules described in this section concern you if we collect your personal information by technological means in the course of our activities. For example, this policy applies to you if:

You communicate with us by email or via our secure portal;
You subscribe to our newsletter and our communications;
You use our website.

Communication by email or via the secure portal

When you correspond with us by email or via our secure portal, we collect your email address and the personal information contained in your emails. The types of information and the reason for collection depend on the context of the exchanges but usually concern the purposes set out in section 6 of this policy.

To limit the collection of personal information, you can always choose not to provide us with personal information, but we may be unable to process your file, your request, or provide you with our professional services. If you have questions, you can contact us to discuss your concerns.

Subscription to the newsletter and other marketing communications

Individuals who wish to receive our newsletter concerning our comments on legal news and our activities can subscribe to our distribution system. We may also contact you to inform you of our activities and events, and to process your registration if applicable. We use your email address for these purposes only.

It is always possible to unsubscribe from this mailing list by contacting us at desabonner@avbt.com.

Website Use

When you use our website, we collect personal information about you through cookies designed to track your use of the site and improve your Browse experience.

It is possible to prevent the personalization functions of our site by disabling cookies in your browser. You can do this by changing your browser or mobile device settings.

However, if you choose to refuse cookies, some pages or sections of our website may not display correctly, or some functionalities may not be available.

12. Roles and Responsibilities

BTA Partners

Support General Management, the Privacy Officer, and the Privacy Committee in their roles assigned by law and this Policy regarding personal information protection;
Adopt this Policy, upon recommendation from the Privacy Officer and the Privacy Committee.

General Management

Ensures compliance with and implementation of the legislative framework applicable to BTA;
Chairs the Privacy Committee and determines its composition;
Facilitates the exercise of the Privacy Officer's functions;
Supports the implementation and dissemination of this Policy and the resulting directives and procedures.

Privacy Committee

Supports the Privacy Officer in the exercise of their responsibilities and obligations regarding personal information protection;
Evaluates, monitors, and recommends governance measures related to personal information protection applicable to BTA's activities, including periodic review of this Policy;
Evaluates training and awareness activities offered to BTA staff to ensure they are adequate;
Accompanies the Privacy Officer when the law requires BTA to conduct privacy impact assessments.

Privacy Officer

Ensures compliance with and implementation of the provisions of the applicable legislative framework within BTA;
Ensures compliance with this policy as well as legal, regulatory, and administrative obligations related to personal information protection;
Ensures accountability and coordinates BTA's actions regarding personal information protection;
In case of a confidentiality incident, coordinates the assessment of harm risk, incident management, and notifies the Commission d'accès à l'information and affected individuals in case of serious harm;
Supports General Management and provides a support and guidance role to BTA personnel;
Proposes the necessary tools for the implementation of this Policy;
Collaborates with partners and General Management in implementing measures aimed at appropriate personal information protection;
Maintains the register of confidentiality incidents;
In collaboration with the Privacy Committee, maintains the inventory of personal information files;
Processes requests and complaints related to personal information protection and records them in BTA's complaints register;
Coordinates, with the Privacy Committee, privacy impact assessments when required by law;
Delegates tasks necessary for the application of this policy as needed.

BTA Staff Members

Familiarize themselves with this Policy and respect its spirit, provisions, and resulting procedures;
Take necessary measures to ensure the protection of personal information to which they have access;
Access only personal information necessary for the performance of their duties;
Use the personal information they access for the purposes intended at the time of collection;
Inform the Privacy Officer and General Management, according to the established procedure, of any suspected or known confidentiality incident;
Participate in awareness and training activities on personal information protection provided by BTA.

Partners, Subcontractors, External Suppliers

Familiarize themselves with this policy and commit to respecting its spirit, provisions, and resulting procedures;
Take necessary measures to ensure the protection of personal information to which they have access;
Access only personal information necessary for the performance of their duties;
Use the information they access for the purposes intended at the time of collection;
Inform the Privacy Officer, according to the established procedure, of any suspected or known confidentiality incident.

13. Rights Regarding Personal Information and Personal Information Protection Complaint Handling Process

Any person may request to consult or obtain a copy of the personal information that BTA holds about them and to have it rectified, to the extent provided by law.

Access

Persons concerned by personal information held by BTA have the right to be informed of the existence of such information concerning them and to receive communication thereof, within the limits and conditions provided by law.

Portability

A person may request access to their computerized personal information that they have provided directly to BTA in a structured and commonly used technological format, provided that this request does not create serious practical difficulties. A person may also request that their personal information be communicated to any person or organization authorized by law to collect such information. Personal information collected in paper format is not covered.

Rectification

A person concerned by inaccurate, incomplete, or ambiguous personal information, or whose collection, disclosure, or retention is not authorized by law, may demand the rectification of this information, within the limits and conditions provided by law.

Request for Access, Portability, or Rectification

Any request for access, portability, or rectification of personal information must be addressed to the Access to Information and Privacy Officer:

Privacy Officer

Jean-François Lecours

Beauvais Truchon Avocats S.E.N.C.R.L.

79, boulevard René-Lévesque Est, bureau 200

Québec (Québec), G1R 5N5

Phone : 418 692-4180

info@avbt.com

A request for access, portability, or rectification received by a staff member must be forwarded to them immediately upon receipt.

The Procedure for Handling Requests and Complaints Related to Personal Information Protection specifies how to submit a request to BTA.

14. Personal Information Complaints

If a person believes that BTA is not respecting their personal information protection rights, they may promptly submit a written complaint to the Privacy Officer.

The Procedure for Handling Requests and Complaints Related to Personal Information Protection specifies how to file a complaint and how it will be processed by BTA.

15. Policy Adoption, Update, and Effective Date

This Policy is recommended by the Privacy Officer and the Committee. It is submitted to the partners for adoption.

This Policy may be subject to modification to follow changes in applicable personal information protection laws and to improve personal information protection practices. It is recommended to consult it each time you visit our website to stay informed about how we handle personal information.

This Policy was last updated on March 26, 2025.