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Terms and Conditions of Use and Privacy and Data Protection Policy

General Terms and Conditions of Portal Use

The International Observatory on Financial Services Cooperatives (hereinafter “the Observatory”) operates the Observatory Portal on the site http://observatoire.coopfinance.hec.ca. The use of the Portal is governed by the general terms and conditions of use provided below, which constitute a contract between the users of the Portal and the Observatory.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE PORTAL

To be authorized to use the Portal, the user must complete the online registration form and have read, understood and agreed to the General Terms and Conditions of Portal Use by clicking on “I accept the Observatory’s Privacy and Data Protection Policy and General Terms and Conditions of Portal Use” at the end of this text.

If the user does not wish to be bound, he or she must instead click on “I do not accept the Observatory’s Privacy and Data Protection Policy and General Terms and Conditions of Portal Use,” in which case the user should not use the Portal or any products, services, content, works or elements to which it provides access.

By continuing to access and use the Portal, products, services, content, works or elements to which it gives access, you acknowledge having read, understood and agreed to the General Terms and Conditions of Portal Use.

The user should print a copy of the General Terms and Conditions of Portal Use to be aware of the provisions contained hereinafter and refer to them later, when needed.

However, the General Terms and Conditions of Portal Use may be modified at any time by the Observatory, at its sole discretion, as provided in the section entitled “Amendment of General Terms and Conditions.” The user must therefore review the General Terms and Conditions of Portal Use in force each time he or she uses the portal. Usage of the Portal by a user, after any changes have been brought into effect by being posted on the Portal, will irrevocably and in all respects constitute the acceptance of such changes by the user. Should the user refuse these changes, he or she is not to use the Portal.

Any changes suggested or provided by any other person than the Observatory are strictly prohibited and void.
 

A) TERMS OF USE

 i) Operating site of the Portal

The Observatory operates the Portal from its offices located at 3000, chemin de la Côte-Sainte-Catherine, Montréal, Quebec, Canada H3T 2A7. The HEC Montreal server on which the Portal data is stored is located at the same address, as well as at the Decelles Building at 5255 Decelles Avenue, Montréal, Quebec, Canada H3T 2B1.

The Observatory makes no representation to the effect that the Portal can be used in locations other than the province of Quebec and it is forbidden to access the Portal from territories where the law states that the content or use of the Portal is illegal or unlawful. Those who choose to use the Portal do so on their own initiative and are responsible for complying with all applicable local laws. This contract is governed by the laws applicable in the territory of the province of Quebec and is subject to the exclusive jurisdiction of the judicial district of Montréal, Quebec, Canada, as more fully set out in the section entitled “Applicable Laws and Jurisdiction.”

ii) Usage Restrictions

Provided that the user has duly accepted the General Terms and Conditions of Portal Use by clicking on “I accept the Observatory’s Privacy and Data Protection Policy and General Terms and Conditions of Portal Use,” this Agreement grants the user a temporary, nonexclusive and limited license for using the Portal, allowing the user to download one (1) copy of the contents and works found on this Portal onto his or her personal computer and to print one or more copies, for internal personal use only.

In addition to the provisions contained in the preceding paragraph, if the user is a researcher, a professor, a faculty member or a student duly registered at or affiliated with a public or private university, this contract grants this user a temporary, nonexclusive, limited license allowing him/her to download one (1) copy of the contents and works found on this Portal and to print one or more copies solely for purposes of research, scholarly publication and/or education at the educational institution the user is registered to or affiliated with and within the context of courses belonging to the regular program of this university-level educational institution. Without limiting the obligations and commitments otherwise provided herein, the user agrees, however, in such a context, not to remove the marks, notices, captions or other annotations about the origin, identification or ownership of products, services, content, works and elements to which the Portal provides access, including and without limiting the generality of the foregoing, any reference to (x) holder(s) and owner(s) of copyrights, trademarks and other intellectual property rights, and the user agrees to cite their source. Additional restrictions arising from those who hold rights on the products, services, content, works, and elements to which the Portal provides access, may also be applicable. The user must therefore ensure compliance with these additional restrictions and is solely responsible for doing so. As required, the user must obtain the necessary approvals from rights holder(s) by his/her own means and at his/her own expense.

Without limiting the generality of the foregoing and unless otherwise specified in any section of the Portal or except with the prior written permission of the Observatory, of the Desjardins Centre for Studies in Management of Financial Services Cooperative, HEC Montreal and/or of the respective holder(s) of the rights to the products, services, content, works, and elements to which the Portal provides access, no product, service, content, work or any other element of the Portal can, in whole or in part:

  • be used for purposes other than those specifically provided above, including and without limitation, for commercial purposes, resale, distribution, solicitation, consultation or profit, or otherwise be copied, reproduced, represented, produced, sold, distributed, assigned, published, translated, downloaded, compiled, restructured, modified, transmitted, broadcasted, communicated to the public or publicly executed;
  •  be used in order to compete against the Observatory, the Desjardins Centre for Studies in Management of Financial Services Cooperatives or HEC Montreal;
  •  be used for the benefit of anyone other than the user;
  •  be used for illegal, unlawful, immoral, defamatory, racist or discriminatory purposes or in a manner likely to harm or cause any damage or injury to any person;
  •  be used to create a derivative work or a database;
  •  be the subject of reverse engineering;
  •  be used to hyperlink to another website; or
  •  be used in any way that violates the General Terms and Conditions of Portal Use,

in any manner whatsoever, by any means of communication whatsoever, in any material form or medium whatsoever (paper, photograph, graph, audio, video, digital, etc.), in either original or modified form.

The user also agrees to refrain from giving any other person access to the Portal, its products, services, content, works and elements using his/her confidential and personalized username and password. The user agrees to immediately inform the Observatory of any access or use made by anyone other than him/her using his/her username and password that may come to his/her knowledge.

The user acknowledges that the creation and the update of the Portal has required and will continue to require considerable investment from the Observatory, Desjardins Centre for Studies in Management of Financial Services Cooperatives and HEC Montreal, as well as those who hold rights on the products, services, content, and works to which the Portal provides access, and this includes investments of money, effort, time, human and material resources, and has been made possible and will continue to be through the contributions of many people and experts. The user acknowledges that any violation on his/her behalf of these General Terms and Conditions of Portal Use will cause significant harm to the Observatory, Desjardins Centre for Studies in Management of Financial Services Cooperatives, HEC Montreal, and those who hold rights on these products, services, content, works, and elements to which the Portal provides access, who will benefit from all civil and criminal remedies available to them, including the right to terminate any violation through injunction and the right to claim damages. In addition, any such violation results in the automatic termination of this license.

iii) Applicable fees

Access to the Portal is free for now. The Observatory, however, retains the right, at its sole discretion and at any time, to require the payment of fees relating to the use of the Portal or any of its products, services, content, works or elements in particular, or for certain types of users or uses. Should this occur, the applicable conditions will be determined by the Observatory, at its sole discretion, and will become enforceable from the moment the changes are brought to these General Terms and Conditions of Portal Use, as provided in the section entitled “Amendment of General Terms and Conditions.”


B) SECURITY AND PRIVACY

The Observatory is committed to ensuring the privacy of the Portal users’ personal information submitted over the Internet. Thus, the Observatory communicates its security measures, its policy on the nature of personal information collected on users when they access the Portal and obtain their confidential and personalized username and password providing access to the Portal, the reasons why this personal information is collected and the way it is used; all of this is explained in the section entitled “Privacy and Data Protection Policy.” Use of the Portal irrevocably and for all purposes constitutes the user’s acceptance of the terms outlined in the Observatory’s “Privacy and Data Protection Policy” in effect at the time of each use of the Portal.

The “Privacy and Data Protection Policy,” which the user declares having read, understood and accepted, is an integral part of these General Terms and Conditions of Portal Use. Usage of the Portal by a user, after any changes have been brought into effect by being posted on the Portal, will irrevocably and in all respects constitute the acceptance of such changes by the user. Should the user refuse these changes, he or she is not to use the Portal.

Any changes suggested or provided by any other person than the Observatory are strictly prohibited and void.

 

C) INTELLECTUAL PROPERTY

i) Copyright

The Portal and the content, works, and other elements to which it provides access are protected by various laws applicable in the province of Quebec (provincial and federal), including the Copyright Act, as well as by international treaties and conventions pertaining to these matters.

The Portal and the products, services, content, works, and other elements to which it gives access are the property of the Observatory, Desjardins Centre for Studies in Management of Financial Services Cooperatives, HEC Montreal and/or (the) holder(s) of the respective copyrights thereof. This includes, without limitation, individually or collectively, in whole or in part, documents, texts, compilations, photographs, graphs, tables, drawings, quantitative databases, audio, digital, photographic, and video files as well as any other works, in any form or medium whatsoever.

The “Usage Restrictions” set forth above apply to all products, services, content, works and elements to which the Portal provides access.

Additional restrictions arising from those who hold the rights to these products, services, content, works and elements, may also be applicable. The user must therefore ensure compliance with these additional restrictions and is solely responsible for doing so. As required, the user must obtain the necessary authorizations from the rights holder(s) by his/her own means and at his/her own expense.

The Observatory, Desjardins Centre for Studies in Management of Financial Services Cooperatives and HEC Montreal cannot be held liable, nor do they have any obligation whatsoever, to obtain any authorization from the respective rights holder(s) to provide access to the user through the Portal, nor can they be held liable, in any manner, including, without limiting the generality of the foregoing, for the accuracy, quality, completeness, currency or even the absence of reproduction of such additional restrictions, for the products, services, content, works, and elements of such holder(s). The user therefore uses the Portal at his/her own risk. For more information, refer to the section entitled “Limitation of Liability.”

No use whatsoever in violation of international laws, treaties and conventions, “Usage Restrictions” or additional restrictions arising from those who hold rights to the products, services, content, works and elements to which the Portal provides access, is permitted without the prior written permission of the Observatory, Desjardins Centre for Studies in Management of Financial Services Cooperatives, HEC Montreal and/or (the) holder(s) of copyrights on these, as appropriate. The user therefore agrees to fully conform to the international laws, treaties and conventions as well as the “Usage Restrictions” and any additional restrictions that may apply. Any violation may subject the user to civil and/or criminal prosecution and automatically results in the termination of this license.

ii) Trademarks

Trademarks used or displayed on the Portal, including designs and slogans, are trademarks (registered or unregistered) owned or licensed by the Observatory, the Desjardins Centre for Studies in Management of Financial Services Cooperatives, HEC Montreal or their respective owners (hereinafter (the) “trademarks”) and are protected, inter alia, by the Trademarks Act.

The user is not authorized by this license, in any manner or capacity whatsoever, to use, in any way or for any purpose whatsoever, directly or indirectly, any trademark to which the Portal provides access without the prior written permission of the owner of such a trademark. The same goes for any company name, trade name, corporate name or domain name.

The user will not take any action to adversely affect the exclusive rights of the respective owners of such trademarks, company names, trade names, domain names and corporate names, including, without limiting the generality of the foregoing, in challenging, recording or using them or trademarks, company names, trade names, corporate names or domain names that may be mistaken with them, in any country.

iii) Other intellectual property rights

All intellectual property rights, not specifically referred to above, including the rights to and in any patent, industrial design and know-how, relating to the Portal and the products, services, content, works and elements to which the Portal provides access, are and remain the sole and absolute property of the Observatory, of the Desjardins Centre for Studies in Management of Financial Services Cooperatives, of HEC Montreal or of their respective owner(s). Nothing herein shall confer any right whatsoever to the user of the Portal with respect to these intellectual property rights.

The user will not be, in any way or in any capacity whatsoever, hereby authorized to use in any way and for any purpose whatsoever, directly or indirectly, any of these intellectual property rights, without the prior written permission of their respective owner(s).

The user will not make any gesture to affect the exclusive rights of the respective owner(s) of such intellectual property rights, including, without limiting the generality of the foregoing, challenging, recording or using them or making them counterfeit, in any country.

 

D) LIMITATION OF LIABILITY

THE PORTAL, AS WELL AS THE PRODUCTS, SERVICES, CONTENT, WORKS AND ELEMENTS TO WHICH IT PROVIDES ACCESS, EITHER DIRECTLY VIA THE PORTAL OR THROUGH OTHER WEBSITES VIA LINKS ON THE PORTAL, ARE PROVIDED AS IS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO WARRANTY AS TO ITS COMPLIANCE, COMPLETENESS, VALIDITY, QUALITY, ACCURACY, RELIABILITY, CURRENCY, COMPREHENSIVENESS, COMPLIANCE WITH ANY OF THE USER’S EQUIPMENT OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR AS TO THE RESULTS THAT MAY BE OBTAINED FROM IT. THE USER ACCEPTS TO USE THE PORTAL AT HIS/HER OWN RISK.

ALTHOUGH THE OBSERVATORY, THE DESJARDINS CENTRE FOR STUDIES IN MANAGEMENT OF FINANCIAL SERVICES COOPERATIVES, AND HEC MONTREAL TAKE ALL REASONABLE MEASURES TO ENSURE THE PORTAL CONTAINS NO ERRORS, THE OBSERVATORY, THE DESJARDINS CENTRE FOR STUDIES IN MANAGEMENT OF FINANCIAL SERVICES COOPERATIVES AND HEC MONTREAL DISCLAIM ANY LIABILITY FOR ANY ERRORS THAT MAY EXIST ON THE PORTAL OR ANY INCOMPATIBILITY WITH ANY OTHER SOFTWARE OR EQUIPMENT BELONGING TO THE USER.

THE OBSERVATORY, THE DESJARDINS CENTRE FOR STUDIES IN MANAGEMENT OF FINANCIAL SERVICES COOPERATIVES AND HEC MONTREAL AS WELL AS THEIR DIRECTORS, OFFICERS, EMPLOYEES, RESEARCHERS, REPRESENTATIVES AND AGENTS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES, LOSSES OR PREJUDICE OF ANY KIND WHATSOEVER, WHETHER DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, ANTICIPATED OR INCURRED, IN DIRECT OR INDIRECT RELATION TO THE USE OF THE PORTAL OR OF THE PRODUCTS, SERVICES, CONTENT, WORKS AND ELEMENTS TO WHICH IT PROVIDES ACCESS EITHER DIRECTLY VIA THE PORTAL OR THROUGH OTHER WEBSITES VIA LINKS ON THE PORTAL, OR TO THE TEMPORARY OR PERMANENT INABILITY TO USE THE PORTAL OR THE SAID PRODUCTS, SERVICES, CONTENT, WORKS, AND ELEMENTS TO WHICH IT PROVIDES ACCESS, INCLUDING AND WITHOUT LIMITING THE FOREGOING, GENERAL, LOSS OF REVENUE OR PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA FROM THE USER’S INFORMATION MANAGEMENT SYSTEM OR ANY OTHER LOSS, EVEN IF THE OBSERVATORY, THE DESJARDINS CENTRE FOR STUDIES IN MANAGEMENT OF FINANCIAL SERVICES COOPERATIVES AND/OR HEC MONTREAL HAVE BEEN EXPRESSLY ADVISED BY THE USER OR ANY OTHER PERSON OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR PREJUDICE, AND EVEN IN THE EVENT OF NEGLIGENCE OR OMISSION ON THEIR BEHALF. IN ALL RESPECTS, THE LIABILITY OF THE OBSERVATORY, THE DESJARDINS CENTRE FOR STUDIES IN MANAGEMENT OF FINANCIAL SERVICES COOPERATIVES AND HEC MONTREAL, AS WELL AS THEIR DIRECTORS, OFFICERS, EMPLOYEES, RESEARCHERS, REPRESENTATIVES AND AGENTS, SHALL BE LIMITED TO THE TOTAL AMOUNT OF $100.00 IN CANADIAN DOLLARS.

THE FACT THAT ALL PRODUCTS, SERVICES, CONTENT, WORKS OR OTHER ELEMENTS TO WHICH THE PORTAL PROVIDES ACCESS TO ARE FOUND WITHIN IT CANNOT BE INTERPRETED AS AN ACCEPTANCE OR APPROVAL BY THE OBSERVATORY, THE DESJARDINS CENTRE FOR STUDIES IN MANAGEMENT OF FINANCIAL SERVICES COOPERATIVES OR HEC MONTREAL, THEIR DIRECTORS, OFFICERS, EMPLOYEES, RESEARCHERS, REPRESENTATIVES AND AGENTS, AS TO ITS CONTENT, FOR WHICH THEY ACCEPT NO LIABILITY.

ALSO, THE FACT THAT THE SITE GIVES ACCESS TO OTHER WEBSITES VIA LINKS DOES NOT IN ANY WAY INVOKE THE LIABILITY OF THE OBSERVATORY, THE DESJARDINS CENTRE FOR STUDIES IN MANAGEMENT OF FINANCIAL SERVICES COOPERATIVES, HEC MONTREAL OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, RESEARCHERS, REPRESENTATIVES AND AGENTS, NOR SHALL IT BE INTERPRETED AS AN ACCEPTANCE OR APPROVAL ON THEIR BEHALF, OF THE CONTENT OR USE OF SUCH WEBSITES, AS THESE PARTIES EXERCISE NO CONTROL OR RIGHT OF INSPECTION ON SUCH WEBSITES. IN ADDITION, THE OBSERVATORY, THE DESJARDINS CENTRE FOR STUDIES IN MANAGEMENT OF FINANCIAL SERVICES COOPERATIVES, HEC MONTREAL AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, RESEARCHERS, REPRESENTATIVES AND AGENTS ASSUME NO RESPONSIBILITY REGARDING THE SECURITY MEASURES IMPLEMENTED NOR REGARDING THE PRODUCTS, SERVICES, CONTENT, WORKS AND OTHER ELEMENTS TO WHICH ACCESS IS PROVIDED THROUGH ANY WEBSITE ACCESSIBLE VIA ANY HYPERLINK FOUND ON THE PORTAL. THE OBSERVATORY, THE DESJARDINS CENTRE FOR STUDIES IN MANAGEMENT OF FINANCIAL SERVICES COOPERATIVES, HEC MONTREAL AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, RESEARCHERS, REPRESENTATIVES AND AGENTS HAVE NO CONTROL OR RESPONSIBILITY REGARDING POLICIES TO ENSURE THE PRIVACY OF PERSONAL INFORMATION PROVIDED BY THE USER TO ACCESS SUCH OTHER WEBSITES THROUGH LINKS VIA THE PORTAL . THE USER IS THEREFORE SOLELY RESPONSIBLE IN THESE RESPECTS AND MUST TAKE ALL APPROPRIATE MEASURES AND PRECAUTIONS.

FURTHERMORE, THE USER IS SOLELY RESPONSIBLE FOR TAKING ALL MEASURES AND PRECAUTIONS TO PROTECT HIMSELF/HERSELF AGAINST POSSIBLE TRANSMISSION OF VIRUSES, COMPUTER WORMS, TROJAN HORSES OR ANY OTHER DESTRUCTIVE OR DISRUPTIVE ELEMENT ARISING FROM THE USE OF THE PORTAL AND ANY WEBSITE TO WHICH THE PORTAL PROVIDES ACCESS THROUGH A LINK; THE OBSERVATORY, THE DESJARDINS CENTRE FOR STUDIES IN MANAGEMENT OF FINANCIAL SERVICES COOPERATIVES, HEC MONTREAL AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, RESEARCHERS, REPRESENTATIVES AND AGENTS CANNOT GUARANTEE THAT THESE WILL BE FREE FROM SUCH DESTRUCTIVE OR DISRUPTIVE ELEMENTS AND CANNOT BE HELD LIABLE FOR ANY DAMAGES, LOSSES OR PREJUDICE WHATSOEVER, CAUSED TO THE USER OR TO ANY OTHER PERSON AS A RESULT.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE OBSERVATORY, THE DESJARDINS CENTRE FOR STUDIES IN MANAGEMENT OF FINANCIAL SERVICES COOPERATIVES, HEC MONTREAL AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, RESEARCHERS, REPRESENTATIVES AND AGENTS SHALL INCUR NO LIABILITY RESULTING FROM ANY ACTS OF GOD OR ANY CIRCUMSTANCES BEYOND THEIR CONTROL, INCLUDING COMPUTER OR SERVER FAILURE, NETWORK PROBLEMS, OR DUE TO THE PROVISIONS IN THE SECTION TITLED “Update, suspension, termination.”

 

E) AMENDMENT OF GENERAL TERMS AND CONDITIONS

The Observatory retains the right to change, at any time and at its sole discretion, all or part of these General Terms and Conditions of Portal Use. Changes will be effective immediately upon being posted by the Observatory on the Portal then in operation.

The user must therefore review the General Terms and Conditions of Portal Use in force each time he or she uses the portal. Usage of the Portal by a user, after any changes have been brought into effect by being posted on the Portal, will irrevocably and in all respects constitute the acceptance of such changes by the user. Should the user refuse these changes, he or she is not to use the Portal.


F) REPRESENTATIONS AND WARRANTIES OF THE USER

The user declares:

  • that he/she has the ability and authority to enter into this Agreement regarding his or her use of the Portal;
  • that he/she is over the age of eighteen (18) years old;
  • that he/she has read, understood and accepted these General Terms and Conditions of Portal Use and the Privacy and Data Protection Policy;
  • that the personal information provided by him/her is correct and pertains to him/her personally; the user declares that he/she does not use any false identity or personal information pertaining to any other person to access the Portal.

The user also agrees:

  • to respect the General Terms and Conditions of Portal Use and the Privacy and Data Protection Policy;
  • not to remove the marks, notices, captions or other annotations about the origin, identification or ownership of products, services, content, works and elements to which the Portal provides access, including and without limiting the generality of the foregoing, any reference to (x) holder(s) and owner(s) of copyrights, trademarks and other intellectual property rights, and the user agrees to cite their source;
  • not to use the Portal in a manner contrary to the law, including by posting or transmitting any information or software containing a virus, computer worm, Trojan horse or other harmful or disruptive component;
  • not to use the Portal in any way that constitutes or encourages conduct that would constitute a criminal offense or give rise to prosecution;
  • to indemnify and hold harmless the Observatory, the Desjardins Centre for Studies in Management of Financial Services Cooperatives, HEC Montreal and their directors, officers, employees, researchers, representatives and agents, from any capital, interest, costs, expenses, including reasonable attorneys' fees, for any claims or lawsuits arising from any breach by the user of the General Terms and Conditions of Portal Use and/or the Privacy and Data Protection Policy or any use made by the user of the Portal and the products, services, content, works, and elements to which the Portal provides access;
  • to register and use only one (1) username and one (1) password to access and use the Portal;
  • not to grant access or otherwise authorize the use of his/her username and password by any other person, including from his/her personal computer, and, if necessary, to promptly inform the Observatory of any unauthorized access or use made by anyone other than him/her using his/her username and password, that he/she may be aware of;
  • not to create any hyperlink between any website and the Portal’s homepage without giving prior notice to the Observatory, by email at info.observatoire@hec.ca or by regular mail to the International Observatory on Financial Services Cooperatives, 3000, chemin de la Côte-Sainte-Catherine, Montréal, Quebec, Canada H3T 2A7. At all times, the Observatory reserves the right to demand the immediate withdrawal of any of such hyperlink. Without limiting the foregoing, the user cannot, in any circumstances, create a hyperlink that violates the General Terms and Conditions of Portal Use and/or the Privacy and Data Protection Policy, including any site violating the copyrights, trademarks or other intellectual property rights of any person or distributing products, services, content, works and other elements that are illegal, illicit, immoral, defamatory, racist, discriminatory or likely to harm or cause any damage or any injury to any person;
  • not to take any action that might in any way compromise the integrity of the Portal.


G) UPDATE, SUSPENSION, TERMINATION

The Observatory, the Desjardins Centre for Studies in Management of Financial Services Cooperatives and HEC Montreal have no obligation to keep the Portal up-to-date; the same goes for the products, services, content, works and other elements to which it gives access.

The Observatory can also, at any time and at its sole discretion, temporarily suspend access to the Portal, as well as temporarily suspend or permanently terminate access to any product, service, content, work or other element to which the Portal provides access. The Observatory can also, at any time and at its sole discretion, terminate the Portal itself permanently.

The Observatory may also, at its sole discretion and at any time, temporarily or permanently suspend access of any user in particular to any product, service, content, work and to any other elements to which the Portal provides access, in whole or in part.

The Observatory may, at its sole discretion and at any time, terminate the temporary, non exclusive and limited user license granted to any particular user, and thus deny him/her access to the Portal permanently, particularly, without limiting the generality of the foregoing, in case of non-compliance with the General Terms and Conditions of Portal Use, Specific Terms and Conditions of Portal Use, where applicable, and/or with the Privacy and Data Protection Policy.

No prior notice to the user is required on behalf of the Observatory, the Desjardins Centre for Studies in Management of Financial Services Cooperatives or HEC Montreal and no indemnification, refund or other compensation will be payable to the user in this regard.

The user can also end this Agreement with the Observatory at any time by contacting the International Observatory of Financial Services Cooperatives via regular mail at the following address: 3000, chemin de la Côte-Sainte-Catherine, Montréal, Quebec, Canada H3T 2A7. The user’s personal information will be removed according to the provisions in the Privacy and Data Protection Policy.

In all cases of termination hereof, the user must immediately destroy all copies of the material in his/her possession, in any format whatsoever, that he/she obtained from the Portal.


H) APPLICABLE LAWS AND JURISDICTION

This agreement is governed by the laws in force in the province of Quebec, Canada and must be interpreted, applied and enforced in accordance with them. Any dispute or claim of any kind relating to these presents, the Portal, its products, services, content, works and other elements to which it gives access, either directly through the Portal, or through other websites via links on the Portal, and their use, will be heard by a court of competent jurisdiction sitting in the judicial district of Montréal, Quebec, Canada, excluding any other court.


I) ASSIGNMENT

The Observatory may, at any time and at its sole discretion, assign, sell or otherwise transfer, in whole or in part, its rights and obligations herein as well as those related to the Portal itself, to any other person. Conversely, the rights and obligations of the users cannot be assigned, sold or otherwise transferred by the user without prior written permission of the Observatory.

 

J) GENERAL

No act of tolerance regarding a breach of any provision hereof, from any party, by its conduct or otherwise, shall be construed as a waiver of that party’s rights under any provision of these presents nor as a waiver in case of any subsequent breach.

In the event that any provision hereof, in whole or part, be declared void, invalid or unenforceable, this shall not affect any other provision hereof in any way, nor the remaining portion of this provision.

Subtitles appearing herein are inserted for ease of reading. They cannot, under any circumstances, be used to interpret, reduce or increase the scope of the provisions set forth herein.

These presents constitute the entire agreement between the parties, as may be amended from time to time by the Observatory in accordance with the provisions in the section titled “Amendment of General Terms and Conditions.”

 

Privacy and Data Protection Policy

The International Observatory of Financial Services Cooperatives (hereinafter "the Observatory") recognizes the importance of maintaining the confidentiality of the user’s personal information, which he or she makes accessible online via the Observatory’s Portal known as http://observatoire.coopfinance.hec.ca (hereinafter "the Portal"). This confidentiality is governed by this Privacy and Data Protection Policy, which is in compliance with the Act respecting the privacy of personal information in the private sector (RSQ, chapter P-39.1) and its amendments, and describes the practices for the collection, use, modification, access and disclosure of personal information collected via the Portal.

In order to protect the personal information of all users, each user must, to access the Portal, initially select a confidential and personalized username and password. The Observatory strongly urges all users to take all necessary steps to keep their username and password strictly confidential. It is forbidden for a user to give access or otherwise authorize the use of his/her username and password to any other person.

The Observatory would like to re-emphasize that any transfer of personal information over the Internet can never be totally safe or confidential. By providing this information, the user accepts the risk of possible disclosure and unauthorized use of it that may result.

While the Observatory will attempt to take reasonable measures to safeguard the confidentiality of personal information regarding users of the Portal, the Observatory, the Desjardins Centre for Studies in Cooperative Management of Financial Services (hereinafter “the Desjardins Center for studies”) and HEC Montreal cannot be held liable, in any way whatsoever, for any unintentional disclosure of such information, including any transmission error or acts of third parties that have not been specifically authorized in writing beforehand by the Observatory.

The personal data collected on users is the information appearing on the registration form on the Portal, including the user’s name, address, email address, institutional affiliation, country as well as activities and interests.

Personal data collected by the Observatory will be used only for the following purposes:
statistics;

  • access or restrictions on certain products, services, sections, content, works or elements of the Portal;
  • billing and payment of expenses resulting from any use of the Portal or certain services or products in particular that are accessible thereon, or for certain types of users or uses, in the event that such fees become applicable; or
  • advertising and solicitation by the Observatory, the Desjardins Centre for Studies in Management of Financial Services Cooperatives and HEC Montreal regarding their other activities, services and products as well as those of their partners and financial services cooperatives who have acquired a license with them or entered into any another contractual agreement.

Personal information collected may also be communicated for the same purpose to the Desjardins Centre for Studies in Management of Financial Services Cooperatives and to HEC Montreal and will only be accessible to directors, officers, employees, researchers, representatives and agents of the Observatory, the Desjardins Centre for Studies in Management of Financial Services Cooperatives and HEC Montreal.

Personal information may be collected with or without the use of cookies or through technologies that can use them. The data collected, if applicable, is intended, among other things, for statistical purposes regarding the browsing habits on the Portal or to allow the user to interact with the Portal. Such data may be preserved indefinitely. However, any personal information that can be used to specifically identify the user is not registered.

The Observatory, the Desjardins Centre for Studies in Management of Financial Services Cooperatives and HEC Montreal will not disclose personal information collected about a user to anyone else not specifically mentioned above without the permission of the user, except when necessary to a) comply with any applicable law or subpoena, order of any court of competent jurisdiction or request of any government authority; b) preserve, defend or collaborate to safeguard or promote the interests and rights of the Observatory, the Desjardins Centre for Studies in Management of Financial Services Cooperatives, HEC Montreal or any other person, including the holders of copyrights or other intellectual property rights relating to content and works appearing on the Portal, including cases of possible infringement against these; c) execute any of the terms and conditions of this Policy on Privacy, of the General Terms and Conditions of Portal Use, or, as appropriate, of the Specific Terms and Conditions of Portal Use; d) to bill and collect payment of any costs that may become applicable to any use of the Portal by the user; e) to communicate with the employer or principal of the user, if such employer or principal is the holder of a corporate license granted by the Observatory allowing the user, as an accredited agent or employee, to access the Portal for purposes related to his/her employment or mandate on behalf of this employer or principal; or f) any other purpose allowed under these presents or under applicable legislation.

At all times, users have the right to request and obtain the withdrawal of the personal information they have provided by contacting the Observatory, at the address indicated below, by email or regular mail. Users also have the right at any time to correct this information themselves online via the Portal.

The removal of personal information, however, automatically results in the loss of the user’s individual username and password and, consequently, of the ability to access the Portal.

The Observatory operates the Portal from its offices located at 3000, chemin de la Côte-Sainte-Catherine, Montréal, Quebec, Canada H3T 2A7. The HEC Montreal server on which the Portal data is stored is located at the same address, as well as at the Decelles Building at 5255 Decelles Avenue, Montréal, Quebec, Canada H3T 2B1.

The Observatory reserves the right, at any time and at its sole discretion, to change all or part of this Privacy and Data Protection Policy. Changes will be effective immediately upon being posted by the Observatory on the Portal then in operation.

The user must therefore review the General Terms and Conditions of Portal Use in force each time he or she uses the portal. Usage of the Portal by a user, after any changes have been brought into effect by being posted on the Portal, will irrevocably and in all respects constitute the acceptance of such changes by the user. Should the user refuse these changes, he or she is not to use the Portal.

Any changes suggested or provided by any person other than the Observatory are strictly prohibited and void.

This Policy on privacy is also subject to all terms and conditions for using the Portal under the section titled “General Terms and Conditions of Portal Use” and, as appropriate, in the section entitled “Specific Terms and Conditions of Portal Use.”

For all questions or comments about this Privacy and Data Protection Policy, please contact the International Observatory of financial services cooperatives by email at info.observatoire@hec.ca or by regular mail at 3000, chemin de la Côte-Sainte-Catherine, Montréal, Quebec, Canada H3T 2A7.
 

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