Terms of Use
Statement of principle, acceptance and amendment
The terms stated below are the terms and conditions for using this website (the “terms” or “terms of use”). By accessing this website, browsing it or using it in any way, you agree to these terms without restriction and are deemed to have read and understood them. By using this website, you acknowledge that these terms form an agreement between you and Héma-Québec, and you declare that you agree to be subject to them and to comply with all applicable legislation and regulations. If you do not agree to these terms or disagree with one of them, please do not use this website .
Héma-Québec can, at any time and without notice, at its sole discretion, amend these terms of use and any other information contained on this website. Héma-Québec can also, at any time and without notice, make improvements or modifications to the products, services or programs described on this website. By continuing to use this website after any modification or update that was or may have been made to it, you will be deemed to have agreed to the new terms, as amended – including any new term or condition that may have been added to it – and you shall be bound by them. In so far as this website was not designed with the objective of allowing access to or use of it from outside Canada, you are responsible for ensuring that your access to it and the information that it contains, or through which the information is accessible, comply with the legislation and regulations of each territory where you are located for accessing it.
Héma-Québec strongly advises that you read these terms of use carefully because they include provisions covering such things as limitation of liability, which may limit or restrict your rights.
General conditions
As general conditions for the use of this website, you guarantee the following to Héma-Québec:
Your use of this website shall be solely for legitimate purposes and in keeping with the terms of use set out on it and shall be under and in keeping with our “ Confidentiality and Privacy Policy ” (available online on this website).
Without exception, you shall respect Héma-Québec’s intellectual property rights.
The information you provide shall be accurate, to the best of your knowledge, and you shall take responsibility for it, in order to ensure the proper operation of this website.
If Héma-Québec is unable to process a request that you make and cannot confirm or verify the accuracy of the information pertaining to it, you agree that it is not required to process it.
You shall not create any links or hyperlinks to this website (other than a “bookmark” or an addition to your “Favorites” tab) without Héma-Québec’s consent (except as set out below under the heading “Linking to this site”.)
You shall not, under any circumstances, use vulgar, insulting, disrespectful or blasphemous language against anyone, and you shall not make any defamatory, discriminatory, obscene, abusive or inflammatory comments or any that may incite violence or hatred or may stigmatize anyone in any email, blog or form created or accessible through this website.
You shall not disrupt or attempt to disrupt the proper operation of this website by any means or using any device, program or software, including by sending spam, through piracy, or by transmitting computer viruses including worms and Trojan horses or similar mechanisms.
Copyright and other
intellectual property
This website contains exclusive proprietary notices and copyright information with conditions that must be adhered to.
The material contained on this website, including text, images, illustrations, materials, photographs, software, and audio and video clips, or any other document, and all software, tools, trademarks, service marks and trade names used on this website, including the selection and arrangements of them, are the property of or are provided by Héma-Québec, which in no way guarantees that this material does not affect the rights of any other individual or corporation even if that material is subject to intellectual property rights held by Héma-Québec. The material on this website is protected by Canada’s Copyright Act and by the applicable international treaties and conventions. Héma-Québec owns the copyright on all the material contained on this website and, therefore, this material cannot be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part, in any form whatsoever, including in the form of text or audio or video content, without Héma-Québec’s prior written consent. The trademarks, service marks and logos posted on this website are registered or unregistered marks of Héma-Québec or other persons, are the property of their respective owners and cannot be used without the written permission of their owner. Nothing on this website can be construed as conferring the right to use the marks or materials that are protected by the Copyright Act. Without limiting the generality of the foregoing, the domain name www.hema-quebec.qc.ca is the exclusive property of Héma-Québec and no appropriation of the domain name by hyperlinking, framing or registering of related domain names is permitted nor shall it be tolerated.
Notwithstanding the
foregoing, Héma-Québec grants you non-exclusive, non-transferable and limited
authorization to access the pages of this website, to post them and download
them provided that you comply with the terms set out on this page of its
website, and that you keep intact all copyrights, all trademarks and all other
exclusive proprietary notices. You may use a scanning engine to browse this
website [but only in accordance with the protocol [robots.txt] used by this
website], and Héma-Québec may, at its sole discretion, block any scanning
engine. The use authorized under the terms and conditions that you have agreed
to by accessing this website is non-commercial (you cannot, for example, sell
the content that you have access to on this site, either directly or
indirectly). Specifically, you may download and reproduce the materials or
documents available on this website, or any information that may be posted on
any of its pages, only under the following conditions: (i) The downloading and
the hard-copy or electronic reproduction of those materials or documents must
be strictly for personal, informative and non-commercial purposes; (ii) it is
prohibited to reproduce the graphics or photos available on this website
without the accompanying text and Héma-Québec’s written permission; (iii) it is
prohibited to modify, alter or embed, in any way whatsoever, documents, texts,
photos or other information on this website; (iv) you must reproduce the
notices pertaining to the copyright, trademarks or service marks or any other
exclusive right, on any document reproduced in any way. Any other use of this
website is prohibited.
Except for the limited authorization granted to you as specified above, Héma-Québec does not grant you any express or implied rights or permission under any patent, trademark, copyright or other intellectual property right. You are not permitted to create a mirror image of the content, in whole or in part, of this site on another website or any other medium. Any software, materials or document that can be downloaded, accessed or used in any way from this site and that has its own terms and conditions shall be governed by those terms, conditions and notices. This limited right of use granted to you does not authorize the reselling of the site, its content, or collections of product or service lists, descriptions or prices, nor any other use derived from the site or its content, nor the downloading or reproduction of information for the benefit of another company or merchant, nor the use of data-mining tools, robots or similar data collection and extraction tools. You are prohibited from using framing to embed a page of this website, any trademarks, logos or other exclusive information (whether images, text, formatting or shape) belonging to Héma-Québec without obtaining its prior written consent, and you are prohibited from using meta tags or other hidden text containing Héma-Québec’s name or trademarks without obtaining its prior written consent. If you fail to abide by the terms of use set out on this website and if you use it in an unauthorized way, including making unauthorized use of any material contained on or associated with it, that will automatically result in the revocation, without notice, of the right of use and any other associated right that was granted to you, and you shall be required to immediately destroy all copies of downloaded materials or documents that are in your possession, in your custody or under your control.
Confidential
information
Unless it is in a secure manner specifically provided for that purpose, Héma-Québec does not expect or wish to receive confidential or proprietary information through this website (or by e-mail) in so far as, outside the manner specifically provided for that purpose (i.e. by means of a secure website or web page), the confidentiality of the information thus transmitted cannot be ensured before actually being received on Héma-Québec’s servers. Any information, materials or other documents that you may send to it outside of that specific manner shall be considered non-confidential. By sending information, materials or other documents to Héma-Québec outside of that specific manner, you grant it the irrevocable and unrestricted right to copy, reproduce, publish, upload, post, transmit, disseminate, publicly display, run, modify or freely use those materials and other documents or that information, and to create works derived from it. You also agree that Héma-Québec is free in those cases to use for any purpose the ideas, concepts, expertise or techniques that you send to it.
However, Héma-Québec shall not disclose your name or the fact that you transmitted materials or other documents or any other information to it unless: a) you authorized Héma-Québec to use your name; b) Héma-Québec indicated to you that the materials or other documents or information that you transmitted on a section of its site will be disseminated or otherwise used with your name; or c) Héma-Québec is required to do so by law. Information that you submit to Héma-Québec that makes it possible to identify an individual, whether for the aim of receiving products or services or for any other reason, shall be handled in accordance with the law and with its policy on personal information. Héma-Québec complies with the legislation in effect that applies to personal information. By accessing this website and using it in any way, you accept Héma-Québec’s practices pertaining to the personal information handling and protection measures set out in its “Confidentiality and Privacy Policy”. (Please refer to the tab entitled “Confidentiality and Privacy Policy” for information about Héma-Québec’s policies and practices regarding confidentiality and the protection of personal information and data.)
Business relations
This website may provide links or references to websites or resources that are not owned by or under the control of Héma-Québec. Héma-Québec makes no statement, gives no guarantee or makes any commitment pertaining to any website that is not owned by or under the control of Héma-Québec or pertaining to third-party resources referred to on Héma-Québec’s site, that are accessible from Héma-Québec’s site, or that contain a link to Héma-Québec’s site. In addition, Héma-Québec is not a party to any transaction or responsible for any transaction that you may enter into with third parties, even if you discover the existence of those third parties (or use a link to those third parties) from Héma-Québec’s site. When you access a website that is not owned by or under the control of Héma-Québec, whether or not it displays the Héma-Québec logo, you must understand that it is independent of Héma-Québec and that Héma-Québec has no control over its content. It is your responsibility to take the necessary precautions to protect yourself from viruses, worms, Trojan horses or other programs that may be destructive, and to protect your information in the most appropriate manner.
Conditions pertaining to the Careers Space site
The Careers Space site is built on a platform operated on behalf of Héma-Québec by Héma-Québec’s service provider. The purpose of the Careers Space site is to provide information about posted positions needing to be filled at Héma-Québec. Nothing on the Careers Space site constitutes a job offer or an obligation for Héma-Québec to contact you regarding a job application that you may submit in response to a job opening posted on that site. Any individual or corporation (including a placement agency) that submits a curriculum vitae (“CV”) through the Careers Space site on behalf of an applicant does so in acceptance of the following: a) the CV shall become the property of Héma-Québec; and b) in the absence of a signed contract between Héma-Québec and a placement agency pertaining to the position for which the CV is submitted, Héma-Québec shall be entitled to recruit the candidate at its discretion and without having to pay fees to the individual or corporation (including the placement agency) that submits the CV. Please note that the Careers Space is an integral part of Héma-Québec’s website. You can read our provider’s confidentiality rules by following the link IBM Online Privacy Statement .
Linking to this site
Héma-Québec consents only to links to this website in which the link and the pages activated by the link do not: a) create frames around any pages of this website or use other techniques that in any way alter the visual presentation or appearance of any content within the site; b) misrepresent your relationship with Héma-Québec; c) imply that Héma-Québec approves or endorses your company, your website, your service or product offering or your opinions, whatever they might be; d) give false or misleading impressions about Héma-Québec, or otherwise damage the goodwill associated with the Héma-Québec name or trademarks. As a further condition to being permitted to link to this website, you agree that Héma-Québec can, at any time, at its sole discretion, terminate permission to link to this website. In which case, you agree to immediately remove all links to this website and to cease any related use of Héma-Québec trademarks.
Disclaimer of warranty
This website may contain inaccuracies, omissions or errors, and Héma-Québec does not warrant the accuracy of the information published on it. Therefore, you must ensure that you use the most up-to-date pages of this website and likewise ensure the accuracy and comprehensiveness of any information before you use it for making a decision regarding the services, products or any other subject described on this website.
When you use this website, you do so at your own risk. All downloadable materials, documents, information, products, software or programs and services are provided “as is” without warranty of any kind. Héma-Québec expressly disclaims, to the fullest extent permitted by law, all express, implied, statutory or other warranties, including any warranties of the merchantability and fitness for a particular purpose, non-infringement of proprietary and intellectual property rights, the accuracy of the information contained on this website, and any security failures connected with transmitting sensitive information or data via this website. Without limitation, Héma-Québec makes no warranty that this website will operate without interruption, or that it will be up to date, reliable or error free. You understand and agree that, if you download or otherwise obtain downloadable materials, documents, information, products, software or programs or services, you do so at your own discretion and risk, and that you shall be solely responsible for any damages that may result, including data loss or damage to your computer system.
Please note that, some federal and provincial legislation does not allow the exclusion of warranties, and so those exclusions may not apply to you. This statement remains in effect notwithstanding the termination or expiration of this Agreement.
Limitation of liability
To the fullest extent permitted by law, in no event will Héma-Québec be held liable to any party for any direct, indirect, incidental, consequential, special, punitive or exemplary damages, of any kind, related to or arising from this website or any use of it, or of any site or resource that can be accessed via a link contained on this website, to which it refers or that is possible to access through this website, or for the use or downloading of, or access to, any materials, documents, information, products or services, including any business interruption, lost profits, loss of expected savings, lost traffic, lost clients, loss of enjoyment of the website and the tools or programs connected with it, including the routers and data stored in the context of using it, or any other loss, including data or programs, even if Héma-Québec, or one of its agents, representatives, employees, officers or directors was specifically informed of the potential for such damage, damages or claims. This exclusion and limitation of liability applies to all causes of action, whether based on contract, civil liability, warranty or other legal theories.
Please note that, some federal and provincial legislation does not allow the exclusion of warranties or exclude or restrict certain damages, and that if that legislation applies to you and you benefit from it, those limitations, restrictions, denials or exclusions of liability may not apply to you. This statement remains in effect notwithstanding the termination or expiration of this Agreement.
Forward-looking and
cautionary statements
Some statements made on this website may constitute forward-looking statements that may not achieve the expected results. Those statements may involve a number of risks, uncertainties and other factors that can affect or have a significant influence on the actual results. Héma-Québec assumes no responsibility for any discrepancies that may arise between the actual results and those forward-looking statements.
Severability
If any term in these terms of use is found by competent judicial or administrative authority to be unenforceable, null or void in any respect, the remainder of these terms of use shall remain in effect, valid and enforceable, provided that such unenforceable term does not materially affect the parties’ rights under these terms of use.
Entire agreement
The terms of use for this website, as well as all the other terms, conditions and conventions incorporated by reference or mentioned therein, constitute the entire agreement between you and Héma-Québec regarding the use of this website and its content, and replace all previous agreements or conventions (electronic, verbal or written) in respect of the same matter.
Termination
Héma-Québec reserves the right, at its sole discretion, to terminate this agreement, to revoke your right to limited use of this website and to prohibit you from accessing it, in whole or in part, with or without notice.
Interpretation
In the event of a discrepancy between the various language
versions of this website, the French version prevails.
The headings of the sections setting out these terms of use are inserted only
for ease of reading and cannot be used for interpreting them.
Some materials, documents, information, products, software and services offered through this website may be subject to additional or different terms, conditions and notices. In the event of any inconsistency, those additional or different terms, conditions and notices shall take precedence over these terms of use .
Applicable law and competent jurisdiction
This website is controlled and operated by Héma-Québec from Montréal, Québec, Canada, and these terms of use, the website, and the use of it are governed by the laws of the province of Québec and the laws of Canada that are applicable in that province, excluding any principles governing conflicts of laws. In the event of any litigation or dispute that may arise from the application or interpretation of the terms of use for this website, from the agreement that you agreed to be subject to by using this website, or from any use of this website, you agree to the exclusive jurisdiction of the courts of the Province of Québec, Canada, and of the Federal Court of Canada as the only ones to have jurisdiction for handling it. In addition, you agree to not bring any action or proceeding except in Montréal, Québec, Canada, in respect of such litigation or dispute.
Confidentiality and protection of personal information Policy
1. Acceptance and modifications
This Confidentiality and protection of personal information policy (the Confidentiality Policy) contains the conditions pertaining to the confidentiality and protection of your personal information or data that apply when you visit or browse the website operated by Héma-Québec, including how your personal information or data is used, handled and transmitted. The Confidentiality Policy is an integral part of the Terms of Use set out and posted on this website.
By choosing to access and use this website, you accept and agree to abide by Héma-Québec’s Confidentiality Policy and its practices regarding the handling of and measures for protecting your personal information or data. Therefore, please read this Confidentiality Policy closely in order to be aware of your rights and obligations, being sure to consult the most up-to-date version in so far as you also accept and acknowledge that Héma-Québec reserves the right, at any time, to modify, change or update this Confidentiality Policy without notice. By choosing to access and use this website, you agree to such things as Héma-Québec collecting and using your personal information or data in keeping with this Confidentiality Policy, on the understanding that Héma-Québec complies with the legislation in effect regarding the protection of personal information, especially the Act respecting Access to documents held by public bodies and the Protection of personal information .
If you do not agree with this Confidentiality Policy or any statement or provision that it may contain or, as the case may be, the Confidentiality Policy as amended from time to time, Héma-Québec does not authorize you to access and use this website, and you must therefore stop accessing and using it.
2. Collection and use of your personal information
There are essentially two types of data that we may collect when you use our site: anonymous data automatically collected by third-party tools, and personal data that you specifically send to us by submitting a form that you filled out on our site. These two types of data are in no way connected.
Personal information that you provide to us voluntarily
Subject to this Confidentiality Policy, Héma-Québec does not collect any personal information about you unless you decide, entirely at your discretion, to provide it voluntarily. You are free to access and use this website, subject to the Terms of Use, without personal information being collected.
However, in some circumstances, when you wish to receive information or you choose to contact Héma-Québec (e.g. subscribe to a Héma-Québec mailing list, apply for a position at Héma-Québec through its Careers Space site or an online form provided for that purpose, sign up as a volunteer or make an appointment online as a donor for Héma-Québec, etc.), you must disclose some information or data that may include, depending on the case, your contact information, date of birth, email and postal addresses, phone numbers, curriculum vitae, information regarding your health status, or other personal information or data, or even, in some cases, your comments, suggestions, opinions and preferences. That information is collected for a specific purpose and the collecting of it depends on how you choose to interact with Héma-Québec. Héma-Québec handles and retains personal information in complete confidentiality, in accordance with the applicable legislation, and uses personal information only as provided for therein. You can access the personal information that you provided to Héma-Québec, ask whether it is up to date, and ask to have modified or deleted certain information or data that Héma-Québec collected, by emailing info@hema-quebec.qc.ca.
Héma-Québec uses the most suitable and appropriate security measures to ensure that personal information is protected. When Héma-Québec deems it necessary or appropriate, it uses encryption and authentication tools or programs, or other encryption method in order to protect certain personal information from or obtained through the web that Héma-Québec retains or intends to retain on its servers, computer management systems or databases. You acknowledge and agree that the emails you send to Héma-Québec are not necessarily under its control and that they are not necessarily protected before reaching their destination on Héma-Québec’s servers.
The personal information collected by Héma-Québec is not disclosed to anyone, other than its employees, representatives, or the individuals required for the purposes for which the personal information was collected, and only to the extent that they need it for performing a duty connected with achieving the aims set out in the Confidentiality Policy . You agree and acknowledge that Héma-Québec is also authorized to use, disclose or convey your personal information to the extent provided for or required by law, including under court orders or in the performance of a contract awarded to a supplier. In the latter case, confidentiality clauses ensure adequate protection of personal information.
Héma-Québec retains personal information or data in keeping with the retention rules in effect at Héma-Québec. Please note that the period during which Héma-Québec retains your personal information or data depends on a number of factors, including the purposes for which Héma-Québec uses that personal information or data as well as its legal obligations.
Information exchanged and collected automatically
Even though you can access and browse this website without disclosing your identity to Héma-Québec or revealing information about you, an information exchange still occurs automatically between your computer, smart phone, tablet computer or other device that you might use to access this website, or from which you can access it, when you access this website. That information exchange does not enable Héma-Québec to identify you. However, that exchange does enable Héma-Québec to obtain the Internet domain name that you used to access the website, your IP address (IP means “Internet Protocol”, a unique number assigned to your computer or any other device when it is connected to the Internet and enables error-free routing of documents to their recipient), the type of browser and operating system that you use for accessing the website, the date and time when you accessed the website, the pages you visited and, if you reached the website from another site, the name and address (URL) of that website, as well as the question (if applicable) that you entered into a search engine and that led you to the site; and any other information about your click path. Héma-Québec will retain that information or data in its records. The following information may also be conveyed to Héma-Québec if your browser is not configured to block it: all actions you take when visiting this website that are recorded, including regarding each page visited and the time spent on each page, the information sent or received, and the names of the files uploaded or downloaded. Héma-Québec can compile this tracing information and make it available to third parties, primarily for the purpose of determining the demographic characteristics of its clients or the users of its website.
It is through cookies that the operating system of Héma-Québec’s website can automatically collect that information about your visit to its website. Cookies are small pieces of information stored by your Internet browser in the memory of your computer, or other device that you use, and enable Héma-Québec to recognize you when you access its website. When you browse the Internet, a cookie is used for that purpose. If you do not want information about your visit to be collected by Héma-Québec, you can choose to configure your browser to alert you when cookies are received or to prevent those cookies from being sent.
This information also enables Héma-Québec to check the performance of its website, for system administration purposes, to make the website easier to use and more user friendly, and to report certain information, handled in a general way, to Héma-Québec, its employees or representatives who require that information to be transmitted in order to perform their duties.
To collect and analyze some of that information, Héma-Québec uses some tools on its website, such as Google Analytics, Google Ads, and Google Ad Grants. Those tools also use cookies to analyze your activities on Héma-Québec’s website. For details on how the information or data collected is used by Google, Héma-Québec encourages you to read Google’s Privacy Rules and Terms of Service . If you wish to turn off the sending of your activity data to Google Analytics, you can do so by installing the browser add-on provided for that purpose: https://tools.google.com/dlpage/gaoptout?hl=en .
3. General provisions
Integrality
The Confidentiality Policy is an integral part of the Terms of Use and of the agreement between you and Héma-Québec regarding Héma-Québec’s handling and use of personal information or data and replaces all previous agreements or conventions (regardless of the format, whether electronic, verbal or written) in respect of the same matter.
Interpretation
In the event of a discrepancy between the various language
versions of this website or this Confidentiality Policy, the French
version prevails.
The headings of the sections setting out the provisions of the
Confidentiality
Policy
are inserted only for ease of reading and cannot be used for
interpreting them.
Applicable law and competent jurisdiction
This Confidentiality Policy is governed by the laws of the Province of Québec, the laws of Canada, and all privacy legislation applicable in that province, excluding any principles governing conflicts of law. By accepting the Confidentiality Policy and Terms of Use of this website, you agree to be bound by and comply with the legislation referred to above. In addition, if you use this website or access it from another jurisdiction, you are responsible for ensuring that your access to and use of it are legally allowed in that jurisdiction, and you undertake to comply with the local legislation in so far as it applies to you.
In the event of any litigation or dispute that may arise from the application or interpretation of the Confidentiality Policy, from the Terms of Use for this website, from the Agreement that you agreed to be subject to by using this website, or from any use of this website, you agree to the exclusive jurisdiction of the courts of the Province of Québec, Canada, and of the Federal Court of Canada as the only ones to have jurisdiction for handling it. In addition, you agree to not bring any action or proceeding except in Montréal, Québec, Canada, in respect of such litigation or dispute.
In the event of a discrepancy between one of the conditions set out in the Confidentiality Policy and a specific condition set out on a page of this website in relation to a particular piece of personal information, the specific condition prevails.
General Data Protection Regulations
The General Data Protection Regulations (GDPR) are European Union regulations that aim to standardize and strengthen the protection of the data of people who live there. As part of its activities, Héma-Québec may handle personal data (“personal data”) covered by the application of the GDPR. Héma-Québec intends to comply with the requirements of the GDPR and, for that purpose, sets out the following as an integral part of its Confidentiality Policy.
Personal data refers to any information pertaining to an identified or identifiable individual.
a) Person responsible for handling
Héma-Québec is the entity responsible for handling personal data for the purposes of the GDPR. The address of the principal place of business is as follows: 4045 Côte-Vertu Blvd., Montréal (Saint-Laurent), Québec, H4R 2W7, Canada
b) Purposes for handling
Héma-Québec undertakes to collect personal data only for specified, explicit and legitimate purposes, and to subsequently handle it in a manner consistent with those purposes.
Héma-Québec
is likely to handle personal data as part of its human resources management.
For handling personal data, Héma-Québec always relies on either the express
consent of the person in question, the fulfilment of a legal obligation, the
performance of a contract to which the person in question is a party, or the
fulfilment of legitimate interests.
c) Recipients, transfer and retention
Héma-Québec’s authorized employees or representatives, as well as the individuals who Héma-Québec deals with and are needed for the purposes for which the personal information was collected, are the recipients of the personal data. Héma-Québec may use subcontractors for handling personal data, in whole or in part, to the extent necessary for the purposes for which it was collected and in accordance with the instructions provided in advance.
Héma-Québec handles and retains personal data within a secure environment for the length of time needed for the purposes for which it was collected.
Because of Héma-Québec’s international activities, some personal data may be transferred outside the European Union. Such a transfer can take place only if the data is adequately protected, in compliance with European legislation.
d) Rights of the person in question
The people in question have certain rights regarding the handling of their personal data:
If you have any questions or comments about the Confidentiality Policy or about Héma-Québec’s practices for protecting personal information and data, including how we use your personal information and data, or to find out how to exercise your rights regarding the handling of your personal information and data, including making a complaint, you can contact or direct your complaint to Héma-Québec’s person responsible for access to documents and protection of personal information, who will respond to your request or complaint within 30 days, by using the following email address: responsable.acces@hema-quebec.qc.ca .
All rights
reserved for Héma-Québec.
Version adopted or updated as of:
●
September
2019