Privacy Policy

CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT

Entered into at Laval (Quebec) in 2023.

BETWEEN

AVA CLIENT INC., companies governed by the Business Corporations Act (hereinafter referred to as the "Company")

ET : COMPANY INC., a company governed by the (Business Corporations Act, with its head office located at / Canada Business Corporations Act with its registered office located at), street in City, province of Quebec, postal code, represented by, its president, as declared; OR FIRST NAME LAST NAME, residing and domiciled at, street in City, province of Quebec, postal code; (hereinafter referred to as the "Client")

1. DEFINITIONS

Unless otherwise indicated in the text, words and expressions beginning with a capital letter appearing in the Agreement, or in any documentation subordinate thereto, shall be interpreted as follows:

2. COMPANY COMMITMENTS

2.1 Data Collection and Use

• The Company undertakes to collect only the Personal Information necessary for the performance of its obligations to the Client, in accordance with the provisions of the LPRPSP.
• The Company undertakes to use Personal Information only for the purposes agreed upon with the Client.

2.2 Data Disclosure

• Except where required by law or authorized by the Client, the Company undertakes not to disclose Personal Information to third parties.
• Where the Company discloses Personal Information to third parties, it undertakes to ensure that such third parties provide an adequate level of data protection.

2.3 Data Security and Retention

• The Company undertakes to implement appropriate security measures to protect Personal Information against loss, misuse, unauthorized access, disclosure, alteration or destruction.
• Except where required by law or authorized by the Client, the Company undertakes not to retain Personal Information longer than necessary for the purpose for which it was collected.

2.4 Client Rights

• The Client has rights under the LPRPSP, including the right to access, correct or delete their Personal Information.
• The Company undertakes to cooperate with the Client to enable them to exercise their rights in accordance with the law.

2.5 Responsibility

• The Company is responsible for acting in compliance with applicable data protection laws and regulations.
• In case of breach of this Agreement or applicable laws and regulations, the Company must immediately inform the Client.

2.6 Non-Liability

• The Company's liability shall not be engaged in any way if the Client, its administrators, employees, team leaders and/or managers with access to the System fails to comply with applicable laws and regulations regarding the protection of Personal Information or uses Personal Information and/or the System negligently or in violation of these terms.
• The Company shall not be liable for any loss or damage resulting from non-compliance with instructions and/or non-compliance with the terms of use of the System by the Client, its administrators, employees, team leaders and/or managers with access to the System as established by the Company.
• The Company shall not be liable for any claims, losses, damages, costs or expenses incurred by the Client, its administrators, employees, team leaders and/or managers resulting from non-compliant use of the System, including but not limited to sending mass emails to email addresses obtained without consent.

3. CLIENT COMMITMENTS

• The Company grants the Client the right to use the System for their business needs.
• In consideration of the right to use the System, the Client undertakes to pay the agreed monthly amount to the Company, payment to be made by credit card subscription, from acceptance of these terms and for the duration of the Agreement.
• The Client acknowledges that the use of the software is non-exclusive, non-transferable and revocable in case of use for illegal purposes, negligent use or use that infringes on copyrights or the Company's reputation.
• The license is granted upon acceptance of this Agreement and remains in effect as long as neither party terminates it with one (1) week written notice before the end of the subscription month.
• The Client acknowledges the highly confidential nature of Confidential Information.
• The Client undertakes to maintain the confidentiality of Confidential Information and not to use or disclose it, except for purposes authorized in writing by the Company.
• The Client may not reproduce this Confidential Information and may only disclose it to employees and advisors who need to know (and advise these persons of the obligations herein); they may not disclose this Confidential Information to a third party without the prior written consent of the Company.
• All Information remains the property of the Company and must be returned upon written request or as soon as the Client no longer needs it.
• The confidentiality, non-disclosure and non-use obligations under this agreement remain in effect at all times, even after the end of the business relationship between the Company and the Client.
• For the full application of this agreement, the Client's obligations also apply to its representatives, administrators, employees, team leaders and managers with access to the System.

PRIVACY POLICY

Ava Client places great importance on the confidentiality and security of its users' personal information. We are committed to protecting this data and respecting our clients' rights in accordance with applicable regulations.

DATA MANAGEMENT PRINCIPLES

• Data collection is only done with your consent.
• Your information is kept safe and confidential.
• They are used only for the purposes specified at the time of collection.
• Ava Client retains this information for as long as necessary to fulfill the defined objectives or comply with legal obligations.

DATA RETENTION

Ava Client reserves the right to close a client or prospect file after a period of inactivity of three (3) years. Once the file is closed, the information will be deleted or anonymized after a period of seven (7) years.

INFORMATION COLLECTION

We collect data only when you voluntarily provide it, including through:

• Filling out a form to request a consultation.
• Communication via the contact form on our website.
• Submitting a client form to detail your service needs.
• Participation in contests or promotional events.

DATA ACCESS AND USE

Access to personal information is strictly reserved for authorized persons who need it to perform their duties. This data may be disclosed to government authorities or any entity authorized by law in Canada or internationally. We never share your personal data with third parties for marketing or prospecting purposes.

PERSONAL DATA ACCESS PROCEDURE

You have the right to request access to the information we hold about you, request corrections if inaccurate, or request deletion. For any request, please contact our data privacy officer at: admin@avaclient.com. Proof of identity may be requested to ensure the security of your information.

DEFINITION

"Personal data" means any information that can identify a person directly or indirectly, such as name, email address, or any other unique identifier.

FINAL PROVISIONS

• No modification to this agreement is valid or binding on the parties unless made in writing and signed on behalf of each by their respective duly authorized representatives or officers.
• This agreement is governed and interpreted in accordance with the laws in force in Quebec.