Terms of use
Lexstart Privacy Policy
INTRODUCTION
In the face of new challenges and dangers related to preserving the security of personal information arising from online business, it is necessary to pay special attention to the protection of privacy. That is why we are seriously concerned about the privacy of your personal information and are committed to respecting the confidentiality of the information we collect.
Lex Start is committed to respecting, in accordance with this privacy policy (hereinafter the “Policy“) and the applicable laws in force in Canada and Quebec, the obligations concerning the collection and processing of your personal and confidential information obtained while operating its business, so that everyone can benefit from the respect of their privacy.
In this context, Lex Start wishes to ensure the accuracy, security, and confidentiality of your personal information and not to collect, use or disclose your personal information other than in accordance with this Policy and applicable laws.
The Policy describes the information we may collect during our business from our Users.
The Policy also describes, among other things, how Lex Start collects, processes, maintains your information, the purposes for which we collect it, how we use it, and the circumstances under which we may transfer it to third parties. The Policy explains your rights regarding the collection, use and disclosure of your personal information.
SCOPE OF THE POLICY
We collect your personal information as part of our mission to make the legal profession accessible to Quebec and Canadian entrepreneurs by providing you with Products, information and legal resources on our Platform.
The Platform also allows us to put you in contact with Partner Lawyers who can assist you.
You agree that your personal information collected when filling out any online form to, among other things, make contact, upload content to the Platform, or perform other services related to the Products, will be shared with appropriate and authorized Lex Start personnel. Lex Start will only share with Partner Lawyers and/or any third parties whose participation is strictly necessary to deliver the Products and/or maintain our business relationship with you, if any, the information necessary for such purposes (the Partner Lawyers and the aforementioned third parties may hereinafter be collectively referred to as “Third Party Providers“).
By providing Lex Start with your personal information, you authorize Lex Start to use and disclose such information to Third Party Providers, if any, in connection with the delivery of the Products, the management of our contractual relationship, our business relationship with you, and in accordance with this Policy and as permitted or required by law, as well as implicitly, if indicated by the circumstances.
In addition, Lex Start will seek your permission before using your personal information for purposes other than those for which you originally consented under the Policy.
Finally, you may withdraw your consent at any time, subject to legal and contractual restrictions and reasonable notice. Please be aware, however, that without your consent, Lex Start may not be able to provide or continue to provide you with some of the services or information that may be useful to you.
If you provide Lex Start or its Third Party Providers with Personal Information about another individual or entity, you agree that you have the necessary authorization to do so and/or that you have obtained all necessary consents from that third party to allow us to collect, use and disclose their Personal Information for the purposes set out in this Policy.
To withdraw your consent or to stop receiving electronic communications from us, please write to the following email address: vieprivée@lexstart.ca / privacy@lexstart.ca.
COLLECTION OF PERSONAL INFORMATION
Personal Information is information that is specifically associated with an individual and can be used to identify that individual, either on its own or in combination with other information held by Lex Start or to which Lex Start may have access. Information that has been made anonymous or that has been arranged so that it can no longer be used to identify a particular individual is not Personal Information. For example, an individual’s office mailing address is not personal information, except when it is listed with other information about the individual, or when its mere listing would reveal personal information about the individual.
At Lex Start, one of the purposes for which Personal Information is collected is to provide you with legal information, Products, referral services or other services that you have agreed to receive from us.
By completing a Lex Start Standalone Contracts form, you are giving us permission to collect your personal information.
By completing a Lex Start Legal Kits or Corporate Kits form, you authorize us to collect your personal information on behalf of the Partner Lawyer, including to identify you in accordance with the ethical identification requirements of the Partner Lawyer.
Generally, we may also collect your location, IP address and data regarding your use of the Platform and any other information necessary to provide our services to you in the most appropriate manner.
The use of this information will be used for the administration of customer accounts, the management of customer and business relationships and to always comply with regulatory requirements. In addition, as a User of Lex Start and by providing your personal information, you authorize Lex Start to use your personal information for the purpose of receiving newsletters, surveys, promotions, or any other relevant information related to our business.
Lex Start may also compile lists of your names and mailing addresses for philanthropic, anonymous statistical or market research purposes. If you do not wish to have your name and mailing address compiled for these purposes, please contact us at vieprivée@lexstart.ca/privacy@lexstart.ca.
The deletion of personal information takes place when the User makes a written request to the above address. Lex Start reserves the right to refuse a User’s request if the User continues to use the Lex Start Services in any way.
Lex Start respects the retention period established by this policy, which is in accordance with the Law on the protection of personal information in the private sector. Therefore, the deletion of the data will be effective thirty (30) days after the receipt of the request for deletion of the personal information.
The Platform is designed for use by adults – as defined in the province of Quebec – only. Lex Start does not knowingly collect Personal Information from individuals under the age of eighteen (18).
For more information about the protection of your personal information, you may contact the Office of the Privacy Commissioner of Canada or the Commission d’accès à l’information du Québec.
Office of the Privacy Commissioner of Canada privcom.gc.ca
Commission d’accès à l’information du Québec cai.gouv.qc.ca
FORMS AND INTERACTIONS
Lex Start collects your personal information in accordance with legal requirements. Wherever possible and appropriate, we collect your Personal Information directly from you or from the individuals you have chosen to provide your Personal Information to us.
Your Personal Information is collected on our Platform, including through the forms listed below, where we request the following Personal Information from you:
Legal Resources Download Form:
- First Name
- Email Address
- Order Form:
- Last Name
- First Name
- Address
- Phone
- E-mail address
- Banking information
Account creation form:
- Username
- Email Address
- Product Forms:
- Last Name
- First Name
- Address
- Phone
- Date of Birth
- E-mail address
- Citizenship
- Immigration status in Canada
Free appointment form:
- Last Name
- First Name
- Email address
- Phone
- Language
Legal consultation appointment form:
- Last Name
- First Name
- Phone
- Email address
- Identification
Your basic personal information, such as your email, last name, first name, and phone number, may also be collected on our Platform, including via chat and/or phone or email.
ADVERTISING INFORMATION
Lex Start will only contact you if you wish to be contacted.
If the User does not subscribe to our newsletter, does not have a commercial relationship with Lex Start or has never purchased one of our Products, he will not receive any email from Lex Start without prior consent.
If the User prefers not to receive marketing information from us or does not want his or her personal information to be used to enhance his or her User experience, he or she should let us know by contacting the contact person listed in the “RIGHT OF OPPOSITION AND WITHDRAWAL” section below.
The User will, however, continue to receive communications from Lex Start while the request is being processed.
CANADA’S ANTI-SPAM LEGISLATION
Lex Start complies with the requirements of the Canadian Anti-Spam Legislation (CASL).
To unsubscribe from our electronic communication mailing list, please contact us at vieprivée@lexstart.ca/privacy@lexstart.ca.
PROTECTION AGAINST FRAUD AND THEFT OF YOUR PERSONAL INFORMATION
Lex Start always undertakes to comply with the laws and regulations applicable to its activity and to take all useful and necessary measures to detect and prevent negligence, fraud and theft of your personal information. However, although Lex Start takes precautions, Lex Start cannot guarantee that no case of fraud or theft of your personal information may occur.
THIRD-PARTY ADVERTISING DISPLAYED ON OUR PLATFORM
You may find third-party advertising displayed on our Platform. We do not allow third parties to collect your personal information on our Platform without your consent.
Lex Start prohibits and is not responsible for the resale or use by third parties of personal information obtained through opt-ins on our Platform by such third parties.
We do not sell or rent your Personal Information without your consent.
THIRD PARTY SERVICES
Lex Start may use, in connection with its provision of services and its Platform, third party services. In no event shall Lex Start be liable for any damages that may arise from such third party services. To know the Terms of Use of these services, we invite the User to consult their respective websites.
Lex Start being a law firm, it is subject to professional secrecy obligations. Lex Start is voluntarily committed to respecting the confidentiality of the information you provide and will only share this information with Third Party Providers.
In cases where Third Party Providers are not Partner Lawyers automatically subject to confidentiality obligations, such Third Party Providers are bound by contractual confidentiality obligations.
DATA EXCHANGED AUTOMATICALLY
Using cookies, we collect certain information in exchanges between your computer and our server. Cookies are files created by a Web site that record information about your computer’s navigation of the site. They are stored automatically on your electronic devices, allow you to connect to the Platform during subsequent uses and allow Lex Start to personalize the Platform.
This is primarily the following information:
- Your IP address (example: 123.456.789.012);
- Your domain name;
- Your internet browser;
- The language of consultation of the Platform;
- Your browsing history;
- Your path on the Platform.
Most of the information transmitted automatically does not allow us to know your identity. It is collected only because of the technological requirements inherent in Internet browsing. Most browsers automatically accept cookies, but it is usually possible to change this behavior. If you choose to decline cookies, you may not be able to sign in or use certain features of the Platform.
The use of such information allows us to improve the service, personalize the User experience and better track your past usage.
This information is also used for analysis and statistical purposes.
These Cookies are multiple, some expire when the User closes his browser and have no further effect while others may be retained. At any time, the User can deactivate the Cookies. In this case, Lex Start does not guarantee an optimal functioning of the Platform.
In addition to the methods described above, we may also collect information through Cookies or similar technologies, including during your visits to our website. These methods allow us to collect various types of information, including the pages you visit, the emails you read, and other information.
Lex Start also uses audience analysis services and technologies on its Platform. Lex Start uses Google Analytics. Google Analytics, a web analytics service, uses cookies and communicates data to Lex Start, on the traffic of the Platform, on the number of sales made on it and on the access to it. If you do not want Google Analytics to collect your browsing data from the Lex Start Platform, you can block the use of your browsing data by Google Analytics by following the procedure detailed at the following link: https://tools.google.com/dlpage/gaoptout?hl=fr. You can also prevent the storage of cookies by configuring your Internet browser. However, if you choose the latter option, you may not be able to take advantage of the entire Platform.
INTERNATIONAL COMMUNICATIONS
In some situations, your data may be transferred to servers located outside of Canada, including in the United States or the European Union, and held by companies located in and subject to the laws of the territories mentioned above.
The User acknowledges and releases Lex Start from any responsibility for the consequences of such transfer.
Lex Start may also share your personal information with third parties located outside of Quebec, in accordance with the terms of the Policy.
Lex Start undertakes not to share your Personal Information with third parties located in jurisdictions that do not offer a similar level of protection of personal information as Quebec.
SHARING OF PERSONAL INFORMATION
Lex Start undertakes not to commercialize the personal information collected without the express consent of the User. The only situation in which personal information may be sold is in the event of a partial or total transfer of the business of Lex Start to a third party. In such a case, the information transferred as an asset of Lex Start will be subject to the same safeguards as those in this Policy.
Except as otherwise stated in this Policy, Personal Information that the User provides will not be shared with third parties without the User’s permission. However, we may share such information with third party Service Providers that enable the delivery of the Product or the maintenance of our relationship with you. In such a case and at that time, you expressly consent to such sharing.
Lex Start may also publicly re-post or re-share personally identifiable information when you post Lex Start-related content on Social Media. In addition, by clicking on an external link located on the Platform, you may be accessing external websites that have their own privacy policies. You are advised to consult them, as you will be subject to them.
If the User does not want his personal information to be communicated to third parties, it is possible to object at any time, as mentioned in the section below “RIGHT OF OPPOSITION AND WITHDRAWAL”.
Lex Start may, in the following cases, exceptionally disclose the User’s personal information without his consent:
In case of legal obligation, when a Court order obliges Lex Start to communicate the User’s personal information.
Where consent cannot be obtained, and privacy laws permit Lex Start to disclose the User’s personal information. This is particularly the case when the protection of the public interest requires it.
RIGHT OF OPPOSITION AND WITHDRAWAL
We are committed to providing you with the right to object to and withdraw your Personal Information.
The right to object is understood to be the possibility offered to Internet users to refuse that their personal information be used for certain purposes mentioned at the time of collection.
The right to opt-out is defined as the possibility for Internet users to request that their personal information no longer appears, for example, on a mailing list.
In accordance with the following section, the User is also entitled to request access to and correction of the personal information we have collected about you, as well as to exercise his or her right to object or opt-out, by contacting the contact person, whose contact information is provided in the “Contact Person” section below.
ACCESS TO YOUR PERSONAL INFORMATION
Other than as set forth in this Policy, your Personal Information collected by Lex Start hereunder will be accessible only by authorized and appropriate employees of Lex Start.
Lex Start, subject to certain exceptions, may inform you of your Personal Information, how it is used, and whether it has been shared with Third Party Providers. You will also be able to access that information for any amendment or deletion.
Your request for access must be made in writing and sent in accordance with the procedure set forth in the “Contact Us” section below.
Lex Start will acknowledge your request in writing and may ask you to confirm your identity before providing you with this information. Access to this information will normally be provided free of charge, but if you request a copy or transmission of your information, we may charge a reasonable fee. Lex Start will inform you of the amount in advance and give you the opportunity to withdraw your request. Lex Start will provide you with access to your information within thirty (30) days of receiving your request or will provide you with written notice that additional time is needed to fulfill your request.
In some cases, we may be unable to provide you with access to all or part of your information. If we are unable to do so, or if the law does not permit us to do so, we will provide you with an explanation and indicate what other steps are available to you.
SECURITY
The personal information that Lex Start collects is kept in a secure environment. Lex Start has adopted appropriate measures to maintain the confidentiality of your personal information and to protect it from loss or theft, as well as unauthorized access, disclosure, copying, use or modification, taking into account, among other things, the sensitivity of the information and the purposes for which it is to be used. In addition, we require that each of our employees, agents, representatives or subcontractors comply with this Policy.
To ensure the security of your personal information, we use the following measures :
- Secure Sockets Layer (SSL) Protocol;
- Access management – authorized person;
- Access management – data subject;
- Network monitoring software;
- Computer backup;
- User ID/password and dual authentication;
- Encryption of sensitive data (e.g. password); and
- Servers based primarily in Canada, the United States and the Europea Union, owned by companies located in the above-mentioned territories and subject to their legislation.
Our premises are secure, and we have technological safeguards in place to prevent unauthorized access to computers. We use industry standard data networks and work with partners to maintain a high level of ongoing security by incorporating the latest technological innovations.
However, since no mechanism offers maximum security, there is always some degree of risk inherent in using the Internet to transmit personal information. If you use a password to protect your account and personal information, it is your responsibility to keep it confidential.
Lex Start makes no warranty as to the integrity or security of any information provided or the security of any electronic communication with you and you consent to receive unencrypted electronic communications from Lex Start.
ENGLISH AND FRENCH LANGUAGE
In the event of any definitional or interpretation issues between the English and French versions of this Policy, the French version shall prevail.
MEDIATION
If a dispute concerning the interpretation and/or application of this Policy cannot be resolved by good faith negotiation between the Parties within a reasonable time, the Parties agree to submit their dispute to mediation and to participate in at least one mediation meeting with a person in authority to decide, before resorting to court or arbitration, if necessary. The mediation will take place through the JustiCity platform, or any equivalent chosen by the Parties.
The mediator shall be chosen unanimously by the Parties.
Any settlement of such dispute by mediation by the Parties shall be documented in writing. If such settlement modifies the terms of this Policy, such modification shall be documented in a writing signed by the Parties and attached to this Policy.
Any approach to the use of mediation and any mediation session, as well as the existence of such approaches, are made in confidence and subject to all rights and remedies of the Parties. Nothing said or written during any such process or session shall be admissible as evidence in any legal or other proceedings.
Notwithstanding the foregoing, the Parties reserve the right at any time to apply to the courts for any protective order or injunction.
If no settlement is reached within thirty (30) business days of the appointment of the mediator, then any Party may institute arbitration proceedings to have the dispute finally resolved, subject to the Consumer Protection Act.
ARBITRATION
In the event of a dispute that cannot be resolved with the assistance of a mediator, subject to the application of the Consumer Protection Act, the Parties agree to submit their dispute to an arbitrator within thirty (30) days of the last exchange in the mediation process, via the JustiCity platform or any equivalent chosen by the Parties. The Parties may agree to a longer period of time before submitting the dispute to arbitration.
The arbitration will preferably take place on the JustiCity platform under the aegis of a single arbitrator and will be conducted in accordance with the rules of law and the provisions of the Code of Civil Procedure of Quebec, in force at the time of the dispute. The arbitrator’s award shall be final, binding, and conclusive on the Parties.
Any steps taken with respect to the use of arbitration and any arbitration session, as well as the existence of such steps, shall be taken in confidence and subject to all rights and remedies of the Parties.
APPLICABLE LAW AND JURISDICTION
The Platform and its content are managed by Lex Start from its offices located in the province of Quebec, Canada. The Platform, the Social Media and their content, this Policy and the use made by the User are all governed by the laws of Quebec and Canada that are applicable, without giving effect to any principle of conflict of laws.
Where the law does not permit the use of arbitration, User agrees that all issues and disputes concerning the Platform, the Social Media, and your use thereof shall be decided exclusively by the courts of the Province of Quebec.
In addition, any determination that any provision of this Policy is void or unenforceable shall not affect the remaining provisions.
INTERPRETATION
The headings of the foregoing sections are inserted for reference purposes only and do not affect the construction or interpretation of the provisions of this Policy.
Wherever the context requires, words importing the singular number shall include the plural and vice versa; words importing the masculine gender shall include the feminine gender and vice versa.
DIVISIBILITY
Each provision of this Policy forms a separate and distinct whole so that any determination by a court that any provision of this Policy is void or unenforceable shall not affect the validity or enforceability of any other provision of this Policy.
CONTACT
If you have any questions or concerns about the handling or maintenance of your personal information, please contact us at vieprivée@lexstart.ca / privacy@lexstart.ca.
MODIFICATION OF THIS POLICY
Lex Start reserves the right to modify or supplement this Policy at any time.
Lex Start will attempt, to the extent possible, to inform Users of any changes to the Policy. However, it is the User’s responsibility to review the Policy on a regular basis to be aware of any changes.
However, in connection with changes to our Policy, we will use your personal information only in accordance with the terms and for the purposes of this Policy in effect at the time you provided your information or as otherwise required or permitted by law, unless you have expressly consented to our doing otherwise.
Where the Consumer Protection Act applies, Lex Start undertakes to notify, thirty (30) days prior to the effective date of the change to this Policy, the Users of the Platform. If the User refuses these changes and wishes to terminate the contract, it will have no later than thirty (30) days after the entry into force of the changes to send a notice to Lex Start and terminate, without charge or penalty, its obligations to Lex Start.
Last updated on March 31, 2022.
