Privacy Policy

1. General information

1.1 Introduction

Privacy protection is important for Markefin Inc. (hereafter referred to as “FUSACQ,” “we” and “our”). This is why we have implemented protection measures and sound privacy management practices in compliance with Canada’s Personal Information Protection and Electronic Documents Act, Quebec’s Bill 64 (ch. 25): An Act to modernize legislative provisions as regards the protection of personal information, as well as applicable privacy laws.

This privacy policy (“the Policy ”) describes our practices relating to the collection, use, processing, disclosure and retention of the Personal information of our clients, visitors and users.

By using our website, https://www.fusacq.ca (the “Website”) or one of our Services, you accept that we may collect, use, handle, disclose and retain your Personal information in accordance with the terms and conditions described in this policy. If you do not accept to respect and to be bound by this Policy, you are not authorized to visit, access or use our Website or our Services, nor to share your Personal information with us.

This Policy does not apply to the personal information of FUSACQ’s employees, representatives and consultants, or to any other person affiliated to FUSACQ, or any information that does not constitute personal information as defined by applicable law.

 

1.2 Privacy Officer

Questions, comments and complaints about the Policy and FUSACQ’s privacy practices can be addressed to our Privacy Officer using the following contact information:

Monika B. Ag
Director

E-mail:
info@fusacq.ca

Telephone:
514 312-3036

Address:
615, René-Lévesque Boulevard West, Suite 200
Montreal (Quebec) H3B 1P5
Canada

2. DEFINITIONS

The following words and expressions, of which the initial letter is capitalized in the Policy, have the meaning set out below, unless stated otherwise implicitly or explicitly in the text.

Service provider” means any natural or legal person who processes data on behalf of FUSACQ. These are third party companies or persons employed by FUSACQ to facilitate Services, provide Services on behalf of FUSACQ or assist FUSACQ in analyzing the use of Services.

Personal information” means any information that concerns a physical person and that allows for the individual to be recognized, in other words, reveals, directly or indirectly, something about the identity, characteristics (for example, the abilities, preferences, psychological tendencies, predispositions, mental abilities, character and behaviour of the person in question) or activities of that person, regardless of the nature of the medium or the form in which this information is accessible (written, graphic, audio, visual, computerized or other).

Privacy Officer” refers to the person who is responsible for implementing this policy and whose contact information is set out in section 1 of this Policy.

Services” refers to the Website and all related services offered by FUSACQ, including professional services and, when applicable, associated media, printed documents and “online” or electronic documentation.

3. Processing of Personal information

3.1 Collection of Personal information

As part of our activities, we may process various types of Personal information, including the information listed below:

  • Contact information such as your last name and first name, date of birth, social insurance number (SIN), a copy of your driver’s license, your address, your email address and your telephone number;
  • Personal information such as income, tax returns, life insurance and group insurance;
  • Professional or employment related information such as your curriculum vitae, information about your criminal record and other information that you provide when you apply for a job with FUSACQ;
  • Information about products of services such as information relating to the services that we provided to you;
  • Payment and transaction-related information such as the payment method used, the date and time, the payment amount, the billing postal code, your address and other related information;
  • Information you choose to provide or send us, such as when you complete a form, subscribe to our newsletter, respond to surveys or contact one of our employees or representatives;
  • Information collected automatically when using the Website and our Services, including
    • login information and other information about your activities on the Website, such as your IP address, pages visited, the time and date of your visits, the browser type you use, your device’s operating system and other hardware and software information;
    • geolocation data such as your IP address, your precise or approximate location determined from your IP address or your mobile device’s GPS (depending on your device settings).

In each case, this personal information is processed for the lawful and necessary purposes outlined in section 3.2 below.

We only collect the information necessary for the purposes stated in this Policy.

3.2 Use of Personal information

We may use your Personal information for the lawful purposes described below:

  • to operate, maintain, monitor, develop, improve and provide all the features of our Website;
  • to provide you with Services;
  • to develop new Services and improve our Website and our Services;
  • to send you messages, updates and security alerts;
  • for marketing and business development purposes, if you have previously consented to the processing of your Personal information for such purposes;
  • to answer your questions and provide you with assistance when necessary;
  • to manage a contest, promotion, survey or other functionality of our Website or our Services;
  • to collect opinions and comments regarding our Services;
  • to perform research and analysis relating to our business and Services;
  • to detect and prevent fraud, error, spam, abuse, security incidents and other harmful activities;
  • to send you communication as required by law;
  • for any other purpose permitted or required by law.

Please note that we do not use the information we collect to draw any inferences or interpretations.

3.3 Disclosure of Personal information

We may disclose your Personal information to our employees, contractors, consultants, agents, Service providers and other trusted third parties who require such information to assist us in operating our Website, conducting and protecting our business activities, or serving you, provided that such Service providers have previously agreed in writing to protect the confidentiality of your Personal information in accordance with applicable laws and our information governance program.

We do not sell, trade or otherwise disclose your Personal information to third parties, subject to exceptions provided by law.

3.3.1 Service providers and other third parties

Although we try to avoid disclosing your Personal information to third parties, we may use Service providers to perform various services on our behalf, such as IT management and security, as well as data analysis, hosting and storage. We have defined below the instances in which such sharing may occur:

  • We use Microsoft SharePoint to store our documents. See their privacy statement.
  • We use Firmex to share documents with our clients (buyers and sellers) and third parties who have signed a confidentiality agreement. See their privacy statement.
  • We use ACT’s services to manage our relationships with our clients. See their privacy statement.

When we disclose your Personal information to Service providers, we establish written contracts with them before disclosing your Personal information to them, and we only provide them with the Personal information they need to perform their duties. As part of these contracts with our Service providers, we are committed to ensuring that the principles set out in this Policy are observed, and these Service providers are required to use Personal information as directed by us and only for the purposes for which it was provided. In addition, these Service providers provide us with sufficient assurance that they will implement appropriate security measures that are consistent with the sensitivity of the Personal information being processed or disclosed. When our Service providers no longer require your Personal information, we require them to destroy this data in an appropriate manner.

3.3.2 Compliance with legislation, responding to legal requests, preventing harm and protecting our rights

We may disclose your Personal information when we believe that such disclosure is permitted, necessary or appropriate, including

  • to comply with requests from public and government authorities, including public and government authorities outside your country of residence;
  • to protect our business;
  • to comply with legal proceedings;
  • to protect our rights, privacy, safety property, yours, or those of third parties;
  • to allow us to enforce available recourses or limit the damages we may suffer; and
  • to comply with applicable laws, including laws outside your country of residence.

3.3.3 Commercial transactions

We may share, transfer or disclose, strictly in accordance with this Policy, your Personal information in the event of a sale, transfer or assignment, in whole or in part, of FUSACQ or our assets (for example, as a result of a merger, consolidation, change in control, reorganization, bankruptcy, liquidation or any other business transaction, including as part of the negotiation of such transactions). In such cases, we will notify you before your Personal information is transferred and is governed by a different privacy policy.

3.3.4 Consent

Whenever possible, FUSACQ obtains consent directly from the individual in question for us to collect, use and disclose their Personal information. However, if you provide us with Personal information about other individuals, you must ensure that you have duly notified them that you are providing us with their information in addition to having obtained their consent to such disclosure.

We will seek your explicit consent before using your Personal information for purposes other than those set out in this Policy.

We will also seek your explicit consent to collect your sensitive information.

3.3.5 Retention of Personal information

Subject to applicable laws, we will retain your Personal information only for as long as necessary to fulfill the purposes for which this information was collected, unless you consent to your Personal information being used or processed for another purpose. For example, the retention period for certain Personal information may be 12 months following the last payment made in a transaction, or 36 months following the last communication made under the confidentiality agreement between FUSACQ and you, and up to 7 years following the end of Services provided by FUSACQ to you. In addition, our retention periods may be modified on a timely basis because of legitimate interests (for example, to ensure the security of Personal information, prevent abuse or infringements or to prosecute criminals).

For more information regarding the periods for which your personal information will be retained, please contact our Privacy Officer using the contact information provided in section 1.2 of this Policy.

4. YOUR RIGHTS

You are entitled, as a person concerned, to exercise the following rights upon completing the questionnaire available here and sending it by email or mail to the attention of our Privacy Officer using the contact information provided in section 1.2 of the Policy:

  • You may be informed about the Personal information we have about you and to request a paper copy of the documents containing your Personal information, subject to the exceptions provided by the applicable law;
  • You may have the Personal information we have about you corrected, modified and updated if it is incomplete, misleading, outdated or inaccurate;
  • You may withdraw or change your consent for FUSACQ to collect, use, disclose or retain your Personal information at any time, subject to applicable legal and contractual restrictions;
  • You may ask us to cease disseminating your Personal information and to de-index any link attached to your name that gives access to this Personal information, if this dissemination violates the law or a court order;
  • You may ask that your Personal information be shared with you or be transferred to another organization in a structured and commonly used technological format;
  • You may lodge a complaint with the Commission d’accès à l’information, subject to the terms and conditions provided for by the applicable law.

In order to respond to your request, you may be required to provide suitable identification or to otherwise identify yourself.

 

5. SECURITY MEASURES

FUSACQ has implemented physical, technological and organizational measures to adequately protect the confidentiality and security of your Personal information against loss or theft, as well as unauthorized access, disclosure, copying, dissemination, use or modification. These measures include encryption, access control, segregation of duties and internal audits.

In spite of the measures described above, we cannot guarantee the absolute security of your Personal information. If you have reason to believe your Personal information is no longer protected, please contact our Privacy Officer using the contact information provided in section 1.2 above.

6. Changes to this Privacy policy

We reserve the right to modify this Policy at any moment in accordance with applicable law. If there are any changes, we will post the revised version of the Privacy policy and update the updated date in the footer of this Policy. We will also inform you by email at least thirty (30) days before the effective date of the new version of our Policy. Nevertheless, we invite you to visit our Website periodically to see if there have been any updates to our Privacy policy. If you do not accept the new terms and conditions of the Privacy policy, we invite you to stop using our Website and Services. If you continue to use our Website or Services after the effective date of the revised version of our Policy, your use of our Website and Services will be then governed by this new version of the Policy.

7. LINKS TO THIRD-PARTY WEBSITES

We may periodically include on our Website references or links to websites, products or services provided by third parties (“Third-party services”). These Third-party services, which are not controlled and operated by FUSACQ, are governed by privacy policies that are wholly separate and distinct from ours. We therefore assume no responsibility for the content and activities of these websites. This Policy applies only to our Website and the services we provide. The Policy does not extend to Third-party services.

8. PERSONS LESS THAN 14 YEARS OLD

We do not knowingly collect and use Personal information from persons less than 14 years old. If you are less than 14 years old, you must not provide us your Personal information without the consent of your parents or guardian. If you are a parent or guardian and you learn that your child has provided us with Personal information without your consent, please contact us using the contact information provided in section 1.2 above to request that we remove your child’s personal information from our systems.

9. CONTACT US

All questions, comments, requests, or concerns related to this Privacy policy should be addressed to our Privacy Officer using the personal information provided in section 1.2 of this Policy.