1. General Information
1.1 Introduction
Privacy is important to Merkur Inc. (hereinafter ‘ Merkur“, “The Organization“, “we“, “us“, “our“). For this reason, we have implemented safeguards and sound management practices for your personal information in accordance with applicable laws.
This Privacy Policy (the ” Policy “), which should be read in conjunction with the Website Terms of Use and the Services agreements entered into with Merkur, describes our practices with respect to the collection, use, processing, disclosure and retention of Personal Information of our clients, applicants, visitors and users.
By using our https://merkur.ca/fr/ (collectively, the “Website“) or any of our Services, you agree that we may collect, use, process, disclose and retain your Personal Information in accordance with the terms described herein. If you do not agree to abide by and be bound by this Policy, you are not authorized to visit, access or use our Website or Services, or to share your Personal Information with us.
This Policy does not apply to Personal Information of Merkur’s employees, representatives and consultants, or any other person affiliated with Merkur, as well as any information that does not constitute Personal Information as defined by applicable law.
1.2 Privacy Officer
Questions, comments and complaints regarding Merkur’s Privacy Policy and practices may be directed to our Privacy Officer (hereinafter, “PIO”) at the following contact information:
Email : rprp@merkur.ca
Address : 3400 rue de l’Éclipse suite 420
Brossard, Quebec, Canada
J4Z 0P3
2. Definitions
The following words and phrases, when they appear with a first letter in capital letters in the Policy, shall have the meanings ascribed to them below, unless otherwise implied or explicitly stated in the text:
“Service Provider” means any natural or legal person who processes data on behalf of Merkur. These are third-party organizations or individuals employed by the Organization to facilitate the Services, provide the Services on Merkur’s behalf, perform services related to the Services, or assist Merkur in analyzing the use of the Services.
“Personal information” means any information that relates to a natural person and allows him or her to be identified, i.e. that directly or indirectly reveals something about the identity, characteristics (e.g., skills, preferences, psychological tendencies, predispositions, mental capacities, character and behaviour of the person concerned) or activities, regardless of the nature of the medium and regardless of the extent of the information. the form in which the information is accessible (written, graphic, audio, visual, computerized or otherwise).
“Sensitive Personal Information” means Personal Information that, by its nature or by reason of the context in which it is used or disclosed, gives rise to a high degree of reasonable expectation of privacy. This may include, for example, medical, biometric, genetic or financial information, or information about sexual life or orientation, religious or philosophical beliefs, trade union membership or ethnic origin.
«Privacy Officer“: the person who is in charge of the application of this Policy and whose contact information is identified in the 1.2 of this Policy.
“Services“: Services refers to the Website and all related services offered by Merkur, which include professional services and, where applicable, associated media, printed materials, and “online” or electronic documentation.
3. Handling of Personal Information
3.1 Collection of Personal Information
Your Consent to Share Your Personal Information with Us
For Merkur, respecting your privacy and the confidentiality of your data is paramount. That’s why we’ve developed this Privacy Policy to tell you what information we collect, how we process it, and when we need to share it with subcontractors or third parties.
With your consent, you authorize Merkur to collect and process your personal information that is necessary to provide you with our services. Please be aware that you remain in control of your personal information at all times and that the consent you give us at the time of collection or processing of your personal information may be withdrawn at any time. We will make sure to respect your choice in accordance with our legal obligations.
In addition, it is essential to read this Policy in conjunction with our Website Terms of Use document (insert link).
In the course of our business, we may collect, process and use different types of Personal Information that you give us only as permitted by law, including the information listed below:
Via our web site :
● information such as your first and last name, your email address to subscribe to our newsletter or blog;
● Information such as your first and last name, telephone number, email address, company name and any other information you provide to us when you contact us to detail the projects you wish to complete with us from our website forms;
● Information such as your first and last name, email address, telephone number, curriculum vitae, place of work, diploma(s) obtained, legal status to work in Canada, language preference, fields of interest and any other information relevant to the submission of your application to Merkur;
● Information collected automatically through the use of the Website and our Services, including:
○ login and other information about your activities on the Website, such as your IP address, the pages you viewed, the time and date of your visits, the type of browser you use, your device’s operating system;
○ Geolocation data, such as your IP address, a precise or approximate location determined from your IP address (depending on your device settings).
In the performance of mandates that you entrust to us:
● information, such as your first and last name, email address, telephone number, address and business number for the creation of a customer account;
● information about products or services, such as information about services we have provided to you;
● transaction and payment information, such as the payment method used, date and time, payment amount, billing zip code, your address, and other related information;
● Information you choose to provide or share with us, for example, when you fill out a form, respond to surveys, or contact one of our employees or representatives.
We also use social media platforms such as Facebook, Instagram, YouTube, TikTok and LinkedIn to reach as many existing and potential clients, candidates and business partners as possible. Any interaction you maintain with Merkur through these platforms is governed by the privacy policies of those sites. Merkur has no control over the information shared through these platforms and refers you to review their privacy policies before interacting with us through these means.
In each case, such Personal Information is processed in accordance with the legitimate and necessary purposes listed in section 3.2 below. In addition, we ensure that we collect and process only the data and Personal Information that is strictly necessary for the purposes for which you provide it to us. If a subsequent use of your Personal Information occurs, we will notify you as required by law.
3.2 Use of Personal Information
As set out in Section 3.1, we only use your Personal Information if permitted by law. We may use your Personal Information for the legitimate purposes described below:
● provide Services to you;
● allow you to subscribe to our newsletter and blog;
● to verify your identity and review your personal history, as permitted by law;
● operate, maintain, supervise, develop, improve and provide all features of our Website;
● to manage risk and operations;
● to comply with our obligations under applicable laws and regulations;
● develop new Services and improve our Website and Services;
● for marketing and business development purposes, if you have previously consented to the processing of your personal information for those purposes;
● send you messages, updates, security alerts;
● answer your questions and provide you with assistance as needed;
● administer a contest, promotion, survey, or other feature of the Website or our Services;
● collect reviews and feedback in connection with our Services;
● conduct research and analysis in connection with our business and Services;
● detect and prevent fraud, error, spam, abuse, security incidents, and other harmful activities;
● to establish, exercise or defend legal claims or proceedings;
● provide you with communications as required by law;
● to provide any information required by law to the responsible government authorities;
● allow the function of applying for employment with Merkur;
● for any other purpose permitted or required by law.
Please note that we do not use the information we collect to draw inferences or interpretations.
The Personal Information we collect and store remains encrypted and is securely archived on servers located in Canada. Please be assured that this Personal Information is disclosed only when we have a legal obligation to do so.
3.3 Disclosure of Personal Information
We may share your Personal Information with our employees, contractors, consultants, agents, Service Providers and other trusted third parties who need the information to help us operate our Website, conduct and protect our business activities, or serve you, provided that such Service Providers have previously agreed in writing to keep your Personal Information confidential in accordance with the laws and our Information Governance Program. In addition, only those members of our Organization’s Staff who have a need to access and process your Personal Information will have access to it, in accordance with our internal privacy policy.
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
While we try to avoid sharing your Personal Information with third parties, we may use Service Providers to perform various services on our behalf, such as IT management and security, marketing, and data analytics, hosting, and storage.
When we disclose your Personal Information to Service Providers, we enter into written contracts with them before your personal information is disclosed to them and we provide them with only the Personal Information necessary to carry out their mandate. As part of these contracts with our Service Providers, we are committed to adhering to the principles set out in this Policy, 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 guarantees that we implement adequate safeguards that are commensurate with the sensitivity of the Personal Information processed or disclosed. When our Service Providers no longer need your Personal Information, we require them to destroy that data appropriately.
3.3.2 Complying with Legislation, Responding to Legal Requests, Preventing Harm, and Protecting Our Rights
We may disclose your Personal Information when we believe such disclosure is authorized, necessary or appropriate, including:
● to respond to requests from public and government authorities, including public and government authorities outside your country of residence;
● to protect our business;
● to comply with legal process;
● to protect our rights, privacy, safety, property, yours, or those of others;
● to allow us to pursue available remedies or limit the damages we may incur and in accordance with applicable laws, including laws outside your country of residence.
3.3.3 Business Transaction
We may share, transfer or communicate, in strict accordance with this Policy, your Personal Information in the event of a sale, transfer or assignment, in whole or in part, of Merkur or our assets (for example, as a result of a merger, consolidation, change of control, reorganization, bankruptcy, liquidation or other business transaction, including in the context of the negotiation of such transactions). In this case, we will notify you before your Personal Information is transferred and is governed by a different privacy policy.
3.3.4 Consent to Personal Information
To the extent possible, Merkur obtains consent directly from the individual to our collection, use and disclosure of his or her Personal Information. However, if you provide us with Personal Information about other individuals, you must ensure that you have given them due notice that you are providing their information to us in addition to obtaining their consent to such disclosure.
We will seek your express consent before using or disclosing your Personal Information for purposes other than those set out herein.
3.3.5 Retention of Personal Information
Subject to applicable laws, we retain your Personal Information only for as long as necessary to fulfill the purposes for which it was collected, unless you consent to your Personal Information being used or processed for another purpose. In addition, our retention periods may be changed from time to time due to legitimate interests (e.g., to ensure the security of Personal Information, to prevent abuse and breaches, or to prosecute criminals).
You can also be assured that when the purpose for which information was collected has been fulfilled, we will destroy or anonymize that information in accordance with applicable law.
For more information on the periods for which your Personal Information is retained, please contact our Privacy Policy using the contact information provided in the section 1.2 of this Policy.
3.4 Sensitive Personal Information
It is unlikely, but not impossible, that in certain circumstances we will need to collect Personal Information that is considered to be of a sensitive nature. Before we collect this information, we will conduct a privacy impact assessment to determine what issues may arise with respect to the collection of this information. As always, Merkur will only collect Sensitive Personal Information that is strictly necessary for our operations.
In addition, before proceeding with the collection of this sensitive Personal Information, we will ensure that we have your express consent to do so, as required by law.
4. Your rights
As a data subject, you may exercise the rights set out below by writing by post or email to our Privacy Policy at the contact details provided in the article 1.2 of the Policy:
● You have the right to be informed of the Personal Information we hold about you and to request a paper copy of the documents containing your Personal Information, for a fee, subject to exceptions provided by applicable law;
● You have the right to have the Personal Information we hold about you corrected, amended and updated if it is incomplete, ambiguous, out of date or inaccurate;
● You have the right to withdraw or modify your consent to Merkur’s collection, use, disclosure or retention of your Personal Information at any time, subject to applicable legal and contractual restrictions;
● You have the right to ask us to stop disseminating your Personal Information and to de-index any link to your name that provides access to that information if such disclosure would contravene the law or a court order;
● You have the right to file a complaint with the Commission d’accès à l’information, subject to the conditions set out in applicable law.
In order to comply with your request, you may be asked to provide appropriate identification or otherwise identify yourself.
We encourage all of our customers to keep their Personal Information with us up to date. Decisions about the various services we can offer our customers may vary depending on the accuracy of this data. It is therefore essential to ensure that we have an accurate picture of your situation.
5. Cookies and Other Tracking Technologies
We use cookies and other similar technologies (collectively, “Cookies”) to help us operate, protect and optimize the Website and the services we offer. Cookies are small text files that are stored on your device or browser. They collect certain information when you visit the Website, including your language preference, browser type and version, the type of device you are using, and your device’s unique identifier. While some of the Cookies we use are deleted after the end of your browser session, other Cookies are stored on your device or browser in order to allow us to recognise your browser the next time you visit the Website. The data collected through these Cookies is not intended to identify you. In particular, they make it possible to ensure the functioning of the Website, to improve the browsing experience of users and to provide certain data that allows us to better understand the traffic and interactions that take place on our Website as well as to detect certain types of fraud. Cookies do not cause any damage to your device and cannot be used to extract your personal information.
You can configure your browser so that you are informed about the setting of Cookies during your visit to the Website, so that you can decide, in each case, whether to accept or reject the use of some or all Cookies. Please note that disabling Cookies on your browser may adversely affect your browsing experience on the Website and prevent you from using some of its features.
6. Security measures
Merkur has implemented physical, technological and organizational security measures designed to adequately protect the confidentiality and security of your personal information against loss, theft or unauthorized access, disclosure, copying, communication, use or modification. These measures include, but are not limited to, encryption, access control, segregation of duties, internal audit, etc.
Among the various measures put in place:
• Our Website has a Security Protocol that ensures a secure connection between your device and our server;
• Merkur employees have read this Policy and are committed to complying with it and respecting the confidentiality of Personal Information about our potential and existing customers. In addition, each employee agrees to follow and comply with a data governance policy applicable to all Merkur personnel;
• As mentioned in Section 3.3, we have put in place Personal Information access measures that limit access only to those individuals who have a valid reason to access, process, disclose or otherwise use your information;
• As mentioned in Section 3.3, the subcontractors and third parties who do business with Merkur and with whom we sometimes need to disclose your Personal Information have previously agreed to protect the confidentiality and privacy of this information;
• When the purpose for which your Personal Information was collected is fulfilled and we no longer need to retain it, Merkur will destroy or anonymize that data, subject to applicable laws.
Despite the measures described above, we cannot guarantee the absolute security of your Personal Information. If you have reason to believe that your Personal Information is no longer protected, please contact our Privacy Policy provider immediately using the contact information provided in this section 1.2 above.
7. Changes to this Privacy Policy
We reserve the right to change this Policy at any time in accordance with applicable law. If we make any changes, we will post the revised Privacy Policy and update the updated date in the footer of the Privacy Policy. If you do not agree to the new terms of the Privacy Policy, please stop using our Website and Services. If you choose to continue using our Website or Services after the new version of our Policy comes into effect, then your use of our Website and Services will be governed by that new version of the Policy.
8. Links to third-party websites
From time to time, we may include references or links on our Website to websites, products or services provided by third parties (“Third Party Services”). These Third-Party Services, which are not operated or controlled by Merkur, are governed by privacy policies that are entirely separate and independent from ours. We therefore assume no responsibility for the content and activities of these sites. This Policy applies only to the Website and the services we offer. This Policy does not extend to Third Party Services.
9. Limitation of Liability
Merkur undertakes to take all reasonable measures to ensure a level of confidentiality and security of Personal Information that complies with the appropriate technological standards for its sector of activity.
Notwithstanding the foregoing, you declare that you understand and acknowledge that no computer system offers absolute security and that there is always an element of risk when transmitting Personal Information over the public network that is the Internet.
You hereby agree that Merkur shall not be liable for any breach of confidentiality, hacking, viruses, loss, theft, misuse or alteration of Personal Information transmitted or stored on its systems or those of any third party. You also declare that you waive any claims in this regard, except in the case of gross negligence or wilful misconduct on the part of Merkur. Accordingly, you agree to indemnify Merkur and its officers, directors, related persons and business partners from any and all liability for any damages of any kind, whether direct or indirect, incidental, special or consequential in connection with the use of your Personal Information.
In the event of a breach of confidentiality or security of your Personal Information that poses a high risk to your rights and freedom, you will be notified of such breach as soon as practicable, and Merkur will take the necessary steps to maintain the confidentiality and security of your Personal Information.
10. Individuals under the age of 14
We do not knowingly collect or use Personal Information from anyone under the age of 14. If you are under the age of 14, you should not provide us with your Personal Information without the consent of your parent or guardian. If you are a parent or guardian and you become aware that your child has provided us with Personal Information without consent, please contact us using the contact information provided in this section 1.2 above to request that we delete that child’s Personal Information from our systems.
11. Contact Us
Any questions, comments, requests or concerns regarding this Privacy Policy should be directed to our Privacy Policy at the contact information set out in section 1.2 of this Policy.
(Updated 03-06-2024)
