Martin Windows and Doors/ L. Martin (1984) recognizes the importance of protecting personal information and is concerned about how it treats such information.
It therefore undertakes to collect, use, disclose and retain only the personal information necessary in the context of its business.
The Company has adopted a privacy policy, applies it in the context of its business, and has appointed, in accordance with the Act respecting the protection of personal information in the private sector (the “APPIPS”), a person in charge of the protection of personal information and privacy within the Company. The identity and contact details of this person are mentioned at the end of this section.
When and how is personal information collected?
In the context of its business and provision of services, the Company collects certain personal information necessary for these purposes or for any other compatible purpose if the criteria of the APPIPS and other applicable laws and regulations regarding the protection of personal information are met (collectively, the “Law”). Personal information may also be collected by the Company in the context of employment, customer knowledge, collection, consultation and business relations.
The personal information collected by the Company may namely pertain to identity, contact details, health, social or family situation, employment, recruitment, financial information, training or the education of the persons concerned, depending on the nature of the relationship between them and the Company. Identity documents including personal information may also be collected by the Company. The necessity criterion will guide the collection of personal information by the Company.
The Company ensures that every person from whom such personal information is collected consents and is informed of the collection beforehand. The Company also demonstrates transparency and takes steps to ensure that those affected by the personal information collected understand the purposes of such collection.
Except as otherwise provided in the Law, consents are clear, precise, evident, informed, given freely and presented distinctively if provided in writing. If sensitive information is collected by the Company, the persons concerned must provide prior express consent.
The Company may collect personal information using technology that includes functions to identify, locate or for profiling individuals. In such a case, consent in accordance with the Law will be required from the person concerned. Information about the use of the Company’s website and other technical information or visitor interaction with the website may be collected. A privacy policy is available to provide clear and simple information in this regard as well as regarding any collection of personal information via technological means.
In cases where the personal information collected by the Company is communicated to it by a third party, i.e. a person other than the person concerned by such information, the person who is responsible for the disclosure must ensure that they have obtained the consent of the person concerned and have informed such person of the disclosure in advance.
For what purpose is personal information used?
The personal information collected by the Company is used in the provision of its services and, in certain cases, to meet statutory obligations which arise from the Law. Personal information collected by the Company may also be required to enable it to meet its contractual obligations towards its clients and other third parties.
In which cases can personal information be disclosed by the Company?
The Company may disclose personal information that it holds to third parties, in particular to subcontractors or service providers. These third parties may, in some cases, be located outside the province of Quebec so that the personal information that the Company collects and holds may be located in a legal regime different from that of Quebec.
The contracts that the Company concludes with third parties require them to preserve the confidentiality of personal information and to comply with the legal framework applicable to the Company in terms of protection of personal information and privacy.
Except as otherwise provided in the Law, consent will be required from the persons concerned by the personal information if the Company wishes to communicate personal information that is not related to its day-to-day operations and activities or not compatible with the purposes for which it was collected to third parties.
The Company may also disclose certain personal information that it holds as part of a commercial transaction or in other cases provided for in the Law. If the circumstances of the disclosure mean that the Company does not have to request the consent of the persons concerned by the personal information, it will comply with the requirements of the Law to carry out such disclosure.
In addition, the Company may be required to communicate certain personal information it holds to government authorities or law enforcement agencies.
What security measures does the Company take regarding the personal information it holds?
The Company implements policies and practices with respect to corporate governance and the protection of personal information.
Personal information held by the Company is kept in secure locations, according to generally accepted practices, and access to such information is limited to employees who need to have access to it in the context of their duties.
The Company’s employees are made aware of the importance of protecting personal information and the measures to be taken to ensure that the confidentiality of such information is respected. As part of their duties, employees follow procedures that protect the confidentiality of personal information and promote best practices in this regard.
The Company ensures the protection of personal information from the moment it is collected and implements security measures aimed at protecting it against use that does not comply with the applicable legislation, avoiding accidental loss, modifications, disclosures or unauthorized access, misuse or any illegal form of use. However, the Company cannot guarantee that the personal information it collects will be protected against any attack.
Where is the personal information collected by the Company kept?
The Company’s personal information may be held or transferred outside the province of Quebec, including in countries other than Canada whose rules regarding the protection of personal information differ from those of Quebec and Canada. When information is located outside Quebec or Canada, it is subject to the laws of the country where it is located and its collection, disclosure, use and destruction may be carried out differently from provincial or federal requirements.
How long is personal information retained?
Unless authorized or required by applicable laws, the Company retains personal information only as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any ethical, legal, tax, accounting or other notice requirements to the appropriate government authorities. When the retention period expires, personal information is destroyed, deleted or anonymized. Anonymized information no longer irreversibly allows the identification of the person concerned.
In the event of a confidentiality incident involving personal information, the Company will comply with the provisions of the applicable Law and take reasonable measures to mitigate the risks of harm being caused to the persons concerned by the personal information affected by the incident.
Privacy complaint
Any person who believes that their own personal information or that of another person has been the subject of:
is invited to submit its complaint in writing to the person in charge of the protection of personal information identified below.
The complaint must include the relevant details, namely the personal information concerned, the context, the potential or actual harm suffered or that could be suffered, as well as the relevant dates. The details of the reported incident should be described as accurately as possible so that a response can be carried out quickly.
Any employee who receives a complaint must forward it, upon receipt, to the person in charge of the protection of personal information.
Upon receipt of a complaint, the Company will comply with its Internal Procedure for Handling Complaints to handle the complaint fairly.
Person in charge of the protection of personal information
For any questions or comments regarding the way in which the Company processes personal information during its life cycle within the Company or if you wish to assert your rights provided for in the Law, you can communicate with the person in charge of the protection of personal information within the Company:
Danielle Chouinard
Martin Windows and Doors/ L. Martin (1984) inc.
205 Fraserville
Rivière-du-Loup, Québec, Canada, G5R 5M3
dchouinard@fenetresmartin.com