Terms of Use

Last modification: 2017/12/14

Acceptance of Terms of Use
1. This is an agreement between Protexio Inc. ("Protexio"), owner and operator of the online platform and mobile application named "Protexio” (collectively, the "Platform"), and you, a user of the Platform. By using the Platform, including the services offered on the Platform (the "Services"), you acknowledge and agree to these terms of use ("Terms of Use") and to Protexio's Personal Information Protection Policy, which is accessible at https://prod.protexio.ca/protection and is incorporated to these Terms of Use by reference. If you do not agree with these Terms of Use or with the Personal Information Protection Policy, please refrain from using the Platform and the Services immediately.
2. The Platform and the Services are available only to users who can form legally binding contracts under applicable law. By using the Platform or the Services, you hereby represent and warrant that you are at least eighteen (18) years of age and are not barred from using the Platform or the Services, under applicable law.
Changes to THE Terms of Use
1. Protexio reserves the right, in its sole discretion, to change these Terms of Use from time to time.
2. Unless Protexio changes the Terms of Use for legal or administrative reasons, Protexio will provide reasonable prior notice before the updated Terms of Use become effective. You agree that Protexio may notify you of the updated Terms of Use by posting them on the Platform.
3. Your use of the Platform after the effective date of the updated Terms of Use constitutes your agreement to these updated Terms of Use. You should review these Terms of Use and any updated Terms of Use before using the Platform.
4. The updated Terms of Use will be effective as of the time of their posting on the Platform or on such later date as may be specified in the updated Terms of Use, and will apply to your use of the Platform from that point forward.
Use of Platform
1. During the term of this agreement, Protexio grants you a limited, non-exclusive and non-transferable right to access and use the Platform, for your personal use in accordance with the Terms of Use ("Authorized purposes").
2. You may not engage in any of the following prohibited activities:
  1. using the Platform for purposes other than the Authorized purposes;
  2. copying, distributing, or disclosing any part of the Platform in any medium, including by any automated or non-automated web scraping tool or technique;
  3. using any automated system, including "robots," "spiders," and "offline readers", to access the Platform;
  4. transmitting, via the Platform, spam, chain letters, or other unsolicited emails;
  5. attempting to interfere with the servers running the Platform, compromise their system integrity or security, or decipher any transmissions to or from them;
  6. taking any action that, at Protexio's sole discretion, imposes, or may impose, an unreasonable or disproportionately large load on the Platform infrastructure;
  7. uploading invalid data, viruses, worms, or other malware through the Platform;
  8. collecting, extracting or harvesting any personally identifiable information, including account names, from the Platform;
  9. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
  10. interfering with the proper functioning of the Platform;
  11. accessing any content on the Platform through any technology or means other than those provided or authorized by the Platform; or
  12. bypassing the measures that Protexio may use to prevent or restrict access to the Platform, including features that prevent or restrict use or copying of any content or enforce limitations on the use of the Platform or the content therein.
3. Protexio shall have the right to investigate and prosecute any violations of the Terms of Use, to the fullest extent permitted by law. You acknowledge that Protexio has no obligation to monitor your access to or use of the Platform, but has the right to do so, to ensure compliance with the Terms of Use, applicable laws, court orders, governmental requirements or other applicable requirements.
Electronic communications
When you provide Protexio with your email address via the Platform, you expressly consent that Protexio will keep your email address in its databases or that it may use such email address in its mailing list to communicate with you to (i) validate certain information relating to your account, (ii) send you copies of your claims by email, (iii) keep you informed of the status of your account on the Platform, (iv) conduct surveys or verifications relating to the Platform, namely its functionalities, user-friendliness or your appreciation of the Platform, or (v) any other purpose relating to the Platform or security of users.
Your Account
1. Some functionalities of the Platform may require the creation of a user account. If you create an account, you must complete the registration process by providing Protexio with current, complete, and accurate information as prompted by the applicable registration form. You must also choose a unique and safe password and user name. In case of a breach of this paragraph, Protexio may end your right to use the Platform, at its sole discretion.
2. You are entirely responsible for ensuring and maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Protexio immediately of any unauthorized use of your account or any other breach of security.
3. Protexio cannot guarantee that unauthorized third parties will never be able to defeat the Platform's security measures or use for improper purposes any information which your provided to us and which allows you to be identified.
4. Protexio will not be liable, directly or indirectly, for any loss or damage that you may incur as a result of someone else using your password or account, either with or without your consent. You could be held liable for losses incurred by Protexio or a third party due to someone else using your account, user name or password.
5. You may not use anyone else's account at any time, without the permission of the account holder as her or his duly authorised mandatary.
6. You may terminate or cancel your account on the Platform for any reason, at your sole discretion and without notice, without liability to Protexio.
Intellectual Property
1. All trademarks (including words, expressions and logos) used by Protexio for the purposes of distinguishing or so as to distinguish its own goods or services from those of others are owned by Protexio. Protexio's trademarks may not be used, reproduced or imitated, in whole or in part, without the prior written permission of Protexio.
2. All original works reproduced or published on the Platform are protected by copyright. The owner of the copyright in each of such works reserve all its rights relating thereto. You acknowledge that it is an infringement of copyright for any person to do, without the consent of the owner of the copyright, anything that, by the applicable copyright statutes, only the owner of the copyright has the right to do.
3. This Platform or any part thereof may also be protected by industrial designs or patents. Protexio reserves all rights to the Platform not expressly granted.
4. You agree not to challenge the validity and property of Protexio's intellectual property rights.
No Warranty
The Platform is provided to you "as is" as "as available", without any warranties of any kind. You acknowledge and agree that you assume all risks arising from your access or use of the Platform. Protexio makes no representation or warranty regarding the Platform, the Services and the functionalities, including warranties regarding (i) the merchantability, fitness for a particular purpose or non-infringement of intellectual property rights of third parties, (ii) the functioning of the Platform and the Services without error or interruption and in a safe manner, (iii) the fact that the use of the Platform will meet your expectations and needs, (iv) the accuracy, exhaustiveness, reliability and relevance of the Platform, (v) the correction of defaults or errors in the Platform, (vi) the absence of viruses or damageable elements in the Platform, and (vii) the secure transmission and without interruption of communications via the Platform.
Links
The Platform may contain links to third-party websites. Protexio grants access to such hyperlinks to users out of commodity. You agree and acknowledge that Protexio is not responsible for the availability of such websites, nor the accuracy of their content, products, or services available on such websites. Links to such websites do not imply any endorsement by Protexio of those websites. You acknowledge that you assume all risks arising from your use of any such websites.
Limitation of Liability
1. To the extent permitted by law, Protexio, its affiliates, officers, employees, agents, licensees, successors and assigns, may not, under any circumstances, be held liable for any damages of any nature, indirect, special or consequential, including the loss of use, loss of profits or loss of data, arising directly or indirectly out of or in any way connected with the use or the performance of the Platform.
2. To the extent permitted by law, Protexio, its affiliates, officers, employees, agents, licensees, successors and assigns, decline all responsibility for any acts, omissions or conduct of any third party user of the Platform or the Services and may not in any case be held responsible for any prejudice, loss or damage (including special, indirect or accessory damages) or fees resulting in any way from acts, omissions or conduct of a third party user of the Platform and the Services.
Indemnification
By using the Platform and the Services, you agree to defend, indemnify and hold harmless Protexio, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlements arising from or relating to (i) your violation of these Terms of Use; (ii) your navigation, use, or incapacity to use the Platform or the Services or any other site to which the Platform is or may be linked from time to time; (iii) the use of publications, communications, distributions or downloads of any kind via the Platform or the Services or to the fact that you relied on such publications, communications, distributions or downloads; and/or (iv) your violation of applicable laws or regulations. You also agree to assist and cooperate with Protexio, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents, in the defense of any claim.
Termination
1. Protexio may terminate or suspend your access to or ability to use the Platform immediately, without prior notice or liability, for any reason, including breach of these Terms of Use.
2. Upon termination of your access to or ability to use the Platform, your right to use or access the Platform will immediately cease.
3. The provisions of this agreement which, by their nature, should survive termination of this agreement, shall so survive, including the intellectual property, warranty disclaimers, limitations of liability and indemnification provisions. Termination of your access to and use of the Platform shall not relieve you of any obligations arising or accruing prior to the termination or limit any liability that you otherwise may have to Protexio or any third party.
General
1. These Terms of Use constitute the entire agreement between you and Protexio and replace any prior agreement between you and Protexio.
2. The negligence or delay by Protexio to exercise a right, recourse, power or privilege in accordance with these Terms of Use does not constitute a waiver of such rights, resources, powers or privileges. To be valid, a waiver must be made by writing and must be signed by Protexio. A written waiver to a default cannot be interpreted as constituting a waiver to any other default or default of the same nature which may occur in the future.
3. In the event that one or many provisions of these Terms of Use is declared invalid or inapplicable by a court of competent jurisdiction, such invalidity or inapplicability will not affect the validity or applicability of the other provisions of these Terms of Use and these Terms of Use will then be interpreted as if the invalid or inapplicable provision had never formed part of these Terms of Use.
4. Without regard to principles of conflict of laws, these Terms of Use as well as the use of the Platform and Services will be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada. When you use the Platform or the Services, you acknowledge that any litigation which arises, directly or indirectly, from the Platform or the Services, from your use of the Platform or the Services, or in association to these Terms of Use, will be subject to the jurisdiction of the courts of the district of Quebec.
Communicate with us
Protexio appreciates your comments, questions and feedback, which may be forwarded to info@protexio.ca.

Personal Information Protection Policy

Last modification: 2017/12/14

Introduction

This Personal Information Protection Policy (the "Policy") of Protexio Inc. ("Protexio"), owner and operator of the online platform and mobile application named "Protexio" (collectively, the "Platform"), is modelled after the principles set out in the "Model Code for the Protection of Personal Information" (CAN/CSA-Q830-96).

Nothing in this Policy has the effect of creating obligations for Protexio beyond those imposed by applicable laws and regulations pertaining to the protection of personal information.

Protexio recommends that you read this Policy attentively and review it periodically, since it may be subject to modifications for time to time.

In this Policy, "Personal Information" means any information which relates to a natural person and allows that person to be identified, and "Individual" or "you" refer to you as a customer, customer representative or employee of Protexio or as a user of the Platform or any of the services provided on the Platform (the "Services").

When you use the Platform or the Services, you agree, without reserve or restriction, to the terms and conditions of this Policy as well as all other regulations, terms, conditions and policies posted on the Platform, namely the Terms of Use accessible at [URL]. If you do not accept the terms and conditions of the Policy and the Terms of Use, please refrain from using the Platform and the Services immediately.
Accountability

Protexio has designated individual(s) accountable for Protexio's compliance with this Policy. Accountability for Protexio's compliance with this Policy rests with the designated individual(s), even though other individuals working for Protexio may be responsible for the day-to-day collection and processing of Personal Information. Other individuals working for Protexio may be delegated to act on behalf of the designated individual(s).

The identity of the individual(s) designated by Protexio to ensure Protexio's compliance with this Policy will be disclosed upon request if not specified herein.
Purposes

The purposes for which Personal Information is collected will generally be determined by Protexio at or before the time of collection.

Your consent to the collection, use or disclosure of your Personal Information must be manifest, free and enlightened. Such consent will be valid only for the length of time needed to achieve the purposes for which it was requested.

Protexio may collect your Personal Information for the following purposes:
- providing, maintaining, personalizing and improving the Services;
- allowing Protexio to perform internal operations in relation to its Services; and
- communicating with you in relation to the Services.
Protexio will solicit your consent before using the Personal Information for purposes other than those previously identified, unless the new purposes are provided for by applicable laws or regulations.

Upon request, Protexio will explain to you the purposes for which the Personal Information is being collected.
Consent

Your consent to the collection, use and disclosure of your Personal Information will be solicited, except where inappropriate (for example, legal, medical or security reasons may make it impossible or impractical to seek your consent.)

Generally, Protexio undertakes to seek your consent before or at the time of collection of Personal Information.

To make the consent meaningful, the purposes for which the Personal Information will be used will be stated in such a manner that you can reasonably understand how the Personal Information may be used or disclosed.

Protexio will not, as a condition of the supply of a product or service, require your consent to the collection, use or disclosure of Personal Information beyond that required to fulfil the purposes.

The way in which Protexio seeks consent may vary, depending on the circumstances and the type of Personal Information collected. Protexio will generally seek express consent when the Personal Information is likely to be considered sensitive. Implied consent may generally be appropriate when the Personal Information is less sensitive. Consent can also be given by an authorized representative. Consent will not be obtained through deception.

You can give consent in many ways. For example:
- an online application form may be used to seek your consent and inform you of the use that will be made of the Personal Information. By completing and sending us the form, you are giving consent to the collection and the specified uses;
- a checkbox may be used to allow you to expressly agree that some of your Personal Information, for example, your name, surname and email address, be communicated to other organizations.
You may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice.
Limited Collection

The collection of Personal Information will be limited to the purposes identified by Protexio. Information will be collected by fair and lawful means.

Personal Information collected may include, but is not limited to, your name and surname, your email address, your age, your medical condition, whether you suffer from any disease, the medications you take and your banking information.

We could also log information collected through cookies and other tracking technology in order to collect information about your browsing behavior when you visit the Platform, namely your Internet protocol address, length of visits on the Platform, etc. Please note that this information could be linked to your Personal Information, but for Protexio's internal use only. Most Internet browsers automatically accept cookies, but you may change the settings of your browser to reject cookies. If you set your browser to reject cookies, parts of the Platform and/or Services may however not be accessible to you.

The Platform may contain links to third-party websites, which are not under the control of Protexio. These third-party websites may collect information, such as Personal Information, about you. We invite you to consult the privacy policies applicable to such third-party websites, as they may differ from this Policy.
Limited Use, Disclosure And Retention

Personal Information will not be held, used or disclosed for purposes other than those for which it was collected, except with your consent or as required by law. Personal Information will be retained only as long as necessary for the fulfilment of those purposes.

According to applicable laws, Protexio may be required to retain, in whole or in part, your Personal Information for a longer period than what Protexio would have normally decided. However, Protexio will limit the access to such Personal Information so that it will only be used to satisfy its legal obligations.

Protexio will not disclose your Personal Information to a third person, without your consent or if such disclosure or use is provided by applicable law. For instance, Protexio's authorized employees, mandataries, agents or any supplier of Protexio with whom Protexio has a contract of employment or service, may have access to Personal Information without your consent, if the Personal Information is needed for the performance of their respective duties or the carrying out of their respective mandates or contracts.
Accuracy

Personal Information will be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.

Protexio will not routinely update Personal Information, except if necessary to fulfil the purposes for which the Personal Information was collected. The extent to which Personal Information will be accurate, complete and up-to-date will depend on (i) your data entries or (ii) the data generated by your use of the Platform and the Services.
Safeguards

Personal Information will be protected by security safeguards according to their degree of sensitivity.

Protexio will take the necessary and reasonable security measures to ensure the protection of the Personal Information collected, used, disclosed, held or destroyed, according to the sensitivity level of the Personal Information, the purposes for which it is to be used, the quantity and distribution of the Personal Information and the medium on which it is stored.

The methods of protection include:
- physical measures (such as restricted access to Protexio's offices);
- organizational measures (such as security clearances); and
- technological measures (such as the use of passwords).
Protexio will make its employees aware of the importance of maintaining the confidentiality of Personal Information, and special care shall be taken in the disposal or destruction of Personal Information, to prevent unauthorized parties from gaining access to the Personal Information.

Your Personal Information shall be stored in a secure way on the servers associated to the Platform. If your Personal Information is stored on Protexio's services providers' servers, these providers will be subject to strict contractual obligations, requiring them to maintain the confidentiality of all Personal Information and to use such information only for the provision of their services.

Given the public nature of Internet, you acknowledge and understand that the security of communications via Internet cannot be guaranteed. Protexio may not guarantee, and may not engage its liability in any way for any violation of confidentiality, and any piracy, virus, loss, theft or modification of the information transmitted or stored on Protexio's systems or via cloud computing. Further, by communicating your Personal Information to Protexio, you consent that your Personal Information may be transferred outside the jurisdiction of Canada, due to the reality of cloud computing.

In order to insure an additional level of security of your Personal Information, Protexio recommends that you never disclose your account identifiers, since they may give access to your Personal Information. Protexio also recommends that you close your access session and close your browser or mobile application window, after your use of the Platform.

It is your responsibility to maintain the confidentiality of your account identifiers. As such, you are responsible for any activity occurring from your account or with your account identifiers.

If you believe that the confidentiality of your user account or your account identifiers has been compromised in any way, please contact us immediately at info@protexio.ca.

Notwithstanding the foregoing, Protexio may rely on the authority of any person having access to a user account or using the information giving access to such account, and in no event shall we be held responsible for any fees, civil liability or damage arising from : (i) an action or omission on our part regarding such stipulation; (ii) the compromise of the confidentiality of a user account or information giving access to such account; (iii) the unauthorised access to a user account or unauthorised use of information giving access to such account.
Openness

Protexio is open about its practices with respect to the management of Personal Information. You will be able to obtain information about such practices without unreasonable effort and such information will be available in a generally understandable and accessible form.

The information provided shall include:
- the name(s), title(s) and address(es) of the individual(s) accountable for Protexio's policies and practices and to whom complaints or inquiries can be forwarded;
- the means of gaining access to Personal Information held by Protexio;
- a description of the type of Personal Information held by Protexio, including a general account of its use; and
- the Personal Information communicated to related organizations (for example, affiliates or subsidiaries of Protexio).
Individual Access

Generally and upon request, Protexio shall give you access to your Personal Information. You may be required to provide information to allow Protexio to provide you with an account of the existence, use and disclosure of your Personal Information.

No request for access, rectification or deletion may be considered unless it is made in writing, by you, and unless you can prove that you are the individual concerned by the request (or such individual's representative, heir, successor, liquidator of its succession, or beneficiary of life insurance or of a death indemnity).

Protexio will respond to a request for access or rectification within a reasonable time after the receipt of such request. The requested information will be provided in a form that is generally understandable.

In certain situations, Protexio may not be able to communicate all the Personal Information it holds about you. However, these situations are meant to be limited and specific and the reasons for denying access will be provided to you upon request. For example, if providing the information is too costly, if the information contains references to other individuals, if the information cannot be disclosed for legal, security or commercial reasons, or if the information is subject to solicitor-client or litigation privilege.

Reasonable fees may be required for the transcription, reproduction or transmission of Personal Information.
Challenging Compliance

You may forward your complaints and requests for information concerning Protexio's policies and practices regarding the protection of Personal Information at:info@protexio.ca.