PRIVACY POLICY REGARDING THE PROTECTION OF PERSONAL INFORMATION

1. PREAMBLE

AlaVida Cremation operates as an online division of Kane & Fetterly Inc., conducting its business operations at 5301 Decarie Boulverd in Montreal, Quebec.

Kane & Fetterly Inc.  (hereinafter the “Company”, “we”, “us”, “our”) respects your privacy and is committed to safeguarding the Personal Information entrusted to us by consumers and potential consumers of our Services, including all those persons who have received a link to our Website or a particular webcast being broadcast on our Website, as well as persons who may engage in our promotional activities and/or who utilize any Services offered through our Website (referred to collectively herein as “Consumers”, “you” and related pronoun forms).

The Privacy Policy regarding the protection of personal information (hereinafter the "Policy") outlines the Company's practices aimed at safeguarding the confidentiality of personal information collected during of the provision of our services made available on or through our website, via our online platforms, or in any other manner (collectively, the “Website”). These services are hereinafter collectively referred to as the “Services”, and include funeral and other ceremonial webcast services, the design and production of related “legacy” products (such as electronic and hard-copy memory books), and other related services offered on or through the Website.

The Company is committed to informing any individual affected by a privacy incident involving personal information it holds and presenting a risk of serious harm.

By browsing our Website, you acknowledge and accept these terms of use.

This Privacy Policy also describes how we collect, use and disclose your Personal Information. This Privacy Policy does not govern Personal Information about our employees, which is addressed by other internal Company policies.

The Company recognizes the importance of obtaining consent where required by law for collection, use and disclosure of Personal Information. By submitting Personal Information to the Company or our service providers, you consent to our collection, use and disclosure of such Personal Information for the purposes described in this Privacy Policy and as permitted or required by law.

This Privacy Policy may be changed from time to time to maintain compliance with applicable privacy laws, regulations and standards (within Canada or otherwise).

If you have any questions about our use of Personal Information, please contact the person responsible for the protection of personal information designated under this Privacy Policy.

2. LEGAL AND ADMINISTRATIVE FRAMEWORK

  • The Act Respecting the Protection of Personal Information in the Private Sector (R.S.Q., c. P-39.1) (hereinafter the "Privacy Act")
  • The Charter of Human Rights and Freedoms (R.S.Q., c.C-12)
  • The Civil Code of Quebec (R.S.Q. 1991, c. 64)

3. THE COMPANY AND THE PROTECTION OF PERSONAL INFORMATION

The website www.alavidacremation.com is operated by Kane & Fetterly Inc., headquartered at 5301 Boulevard Décarie, Montreal, Quebec H3W 3C4.

The website is developed by Kane & Fetterly Inc. and hosted by i4Technologies Inc., headquartered in Montreal, Quebec.

The Company provides all necessary funeral services to carry out funerals or human remains disposition, or both.

4. RESPONSIBLE FOR THE PROTECTION OF PERSONAL INFORMATION

Under the Privacy Act, the individual with the highest authority within the Company is responsible for the protection of personal information.

The board of directors has appointed Paolo Bassi to act as the responsible party for the protection of personal information (hereinafter "the responsible party").

The Company's responsible party must take all necessary measures to ensure that the staff understands the objectives of this Policy and complies with it.

The responsible party may adopt guidelines to regulate the categorization, collection, use, retention, confidentiality, and destruction of personal information.

5. COOKIES AND OTHER RELATED TECHNOLOGIES

Our website www.alavidacremation.com uses cookies and other related technologies like scripts and web beacons. We inform you about the use of cookies and other related technologies in our Cookie Policy.

When you visit our website for the first time, we will show you a pop-up with an explanation about cookies. As soon as you click on "Accept", you consent to us using all cookies and plug-ins as described in the pop-up and this Cookie Policy. You can disable the use of cookies via your browser, but please note that our website may no longer work properly.

6. HOW DO WE COLLECT PERSONAL INFORMATION IN THE CONTEXT OF OUR ONLINE SERVICES?

We may collect personal information through technological means in the following situations:

  • when you fill out our contact forms on our website
  • when you browse our social media platforms such as Facebook
  • when you purchase products online
  • when you leave condolence messages
  • when you use platforms for electronic signatures such as DocuSign
  • when you access funeral and other ceremonial webcast services

7. WHAT CONSTITUTES PERSONAL INFORMATION?

Personal information is information that pertains to an individual and allows for their identification. It may include information such as an individual's name, home address and phone number, email address, age, sex, marital or family status, an identifying number, financial information, educational history, etc. Personal Information, however, may not include certain business contact information used for employment, business or professional purposes.

8. WHAT PERSONAL INFORMATION DO WE COLLECT?

8.1 Consumer Personal Information

Personal Information is collected directly from Consumers when we make contact for the purposes of delivering the Services. We may also collect Personal Information about Consumers from other persons with appropriate consent or as authorized by law.

We also indirectly collect personal information, such as your email address, first name and last name, public profile picture when you browse our social media platforms such as Facebook.

Personal Information may be collected at the time that the Consumer is forwarded a link to a specific webcast provided through our Website, at the time of sign in or at any other stage that you engage with the Website.

8.2 Internet Protocol and Access Information

When you use our website and services, we also receive usage data. This includes information about your interaction with our website or other online platforms. We collect data about the devices and computers you use to access our services, including IP addresses, browser type, language, operating system, mobile device information (including device and application identifiers), referring website, pages visited, location (depending on the permissions you have granted us), and cookie information.

8.3 Payment and Credit Card Information

Finally, our partners collect banking information related to the payment of your purchases on our website. Some services will require payment by credit card, debit card, or other electronic payment method. If you use these payment methods with us, you will need to provide certain information for identification and verification purposes, such as your name, credit card, debit card, or other card number, card expiration date, and security code. This information is processed by our partners who ensure its security. The Company does not retain any payment information.

In cases where you are directed to a third-party payment gateway to make payments for services offered on our website, the Privacy Policy, terms of use, refund policies, complaint mechanisms, and any other applicable policies of the third party will govern complaints or violations regarding the information provided. In other words, the company will not be responsible for any privacy breaches arising out of the use of a third party website linked or directed through the Company Website.

9. HOW WE USE YOUR PERSONAL INFORMATION

We use and disclose a Consumer’s Personal Information only for the purposes for which the information was collected, as described in this Privacy Policy, except as authorized or required by law. These purposes include:

  • to communicate with users of our current and potential services and products
  • to process online orders
  • for contact management
  • to provide our services and control their quality
  • to understand users' needs and preferences and respond to their requests
  • to conduct research and statistical analysis regarding the offering of Services and/or user profiles
  • to manage and develop our business, including customizing our Services for current and future users
  • any other purposes for which we have consent in accordance with applicable laws.

If we wish to use or disclose your Personal Information for any new purpose not included in this Privacy Policy, we will ask for your consent, unless consent is not required by the applicable law.

The Company does not license, sell or provide Personal Information to third parties except as permitted by this Privacy Policy, as permitted or required by law, or with your consent. In addition, we may share your Personal Information with our direct and indirect affiliates (“Affiliates”), for use only in accordance with this Privacy Policy and/or as permitted or required by law.

The Company may also share your Personal Information with its service providers in furtherance of the purposes described in this Privacy Policy, and will use contractual measures to restrict such service providers from using Personal Information other than to carry out the contracted-for services.

10. YOUR CONSENT TO THE USE OF PERSONAL INFORMATION AND YOUR RIGHT TO WITHDRAW

The Company shall seek your consent to collect, use and share your Personal Information, to the extent required by law. The Company will assume that you have given your consent to the use and sharing of your Personal Information, as permitted by law, if you choose to provide such Personal Information to the Company for reasonable purposes associated with our Services.

Your consent is valid for the duration necessary to achieve these purposes. We may then retain your personal information for the time necessary to fulfill our retention obligations described by law.

If we wish to use or disclose your personal information for other purposes, we will seek your consent.

You can withdraw your consent at any time by using your company account settings (if applicable) or the mechanisms set out on the Website, or by contacting the Responsible Party designated under this Privacy Policy.

11. WHERE IS THE INFORMATION STORED?

Your data that we collect through the Website is stored on servers located in Montreal, Quebec.

The Company also uses cloud services for the administration, processing, and storage of personal information related to the services offered. This information is stored on servers located in Canada.

Your data may also be stored outside the country when you browse our Facebook page or use applications like Zoom and DocuSign. Our agreements with our service providers stipulate, if personal information is stored outside the country, that it must be protected to ensure confidentiality in accordance with legal requirements and best practices.

The Company processes and stores Personal Information at 5301 Décarie Blvd, Montreal, QC CANADA H3W 3C4.

The Company makes every reasonable effort to ensure that your Personal Information is accurate and complete. We rely on Consumers to notify us of any changes to their Personal Information that may affect their relationship with us. If you are aware of an error in our information about you, please let us know by contacting the Responsible Party or our customer service personnel (if available and applicable), and we will correct it at your request on all our databases where reasonably possible. In some cases, we may ask for a written request for correction.

We keep your account / login information for as long as your account / login is in existence, or as may be required to operate your account. In some cases, when you give us information specifically for a feature of the Services, we delete the data after it is no longer needed for the feature. We also keep information about you and your use of the Services for as long as necessary for our legitimate business interests, for legal reasons, and to prevent harm, including as described above in this Privacy Policy.

12. WHAT SECURITY MEASURES ARE TAKEN TO ENSURE THE PROTECTION OF PERSONAL INFORMATION?

The Company makes every reasonable effort to prevent any loss, misuse, disclosure or modification of Personal Information, as well as any unauthorized access to Personal Information. The Company has implemented various physical, technological, and organizational measures to protect Personal information, including:

  • physical measures (e.g., alarm systems, access management, locked cabinets, etc.);
  • technical measures to detect and block intrusions (e.g., firewalls, antivirus, etc.);
  • organizational measures (e.g., adoption of an information security policy).

When working with service providers and personnel, we instruct them to comply with privacy laws and with this Privacy Policy. We may use service providers in Canada, the United States and elsewhere. It is always possible that, despite our safeguards, your information may be or become accessible to law enforcement and national security authorities of the jurisdictions where our service providers are located.

We use appropriate security measures when destroying Personal Information, including shredding any paper records and permanently deleting electronic records. We retain Personal Information only as long as is reasonable to fulfil the purposes for which the information was collected or for legal or business purposes.

We may also use service providers to adopt and maintain the appropriate level of security. Such service providers and personnel will be required to comply with privacy laws and with this Privacy Policy.

Securing your Personal Information is our top priority. However, please note that there is no method of ensuring that the transmission or storage of data is 100% secure. It is possible that despite our best efforts and safeguards, your information may be accessible to law enforcement and national security authorities of jurisdictions where we may have a business presence or business associations.

13. HOW INFORMATION IS SHARED

We do not share your Personal Information except in the limited circumstances described below.

When You Agree or Direct Us to Share

You may authorize us to share your Personal Information with others, including third party payment gateways and other applications or platforms. For example, your Personal Information may be shared with appropriate third parties as necessary if you use our online store or contribution service. Use of your Personal Information by any third party will be governed by said third party’s privacy policies and terms.

For External Processing

We are likely to transfer information to our affiliates, service providers, and other partners who process the information for us, by and under our instructions, and in compliance with this Privacy Policy, using appropriate confidentiality and security measures. This may occur in connection with customer support, information technology, payment processing, sales, marketing, data analysis, research, and surveys.

For Legal Reasons or to Prevent Harm

We may preserve or disclose Personal Information to comply with a law, regulation, legal process, or governmental request; to assert legal rights or defend against legal claims; or to prevent, detect or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of Services, or the physical safety of any person.

In the event that any legal process (such as a search warrant, disclosure request, court order or subpoena) is initiated that requires disclosure of your Personal Information, we shall notify you of the same, except if we are prohibited from such disclosure by law. Where a court order specifies a non-disclosure period, we provide delayed notice after the expiry of the non-disclosure period. Exceptions to our notice policy include exigent or counterproductive circumstances, for example, when there is an emergency involving a danger of death or serious physical injury to a person.

We may share non-Personal Information that is aggregated, redacted or de-identified so that it cannot reasonably be used to identify an individual. We may disclose such information publicly and to third parties (for example, in public reports about use of our Services, and to our business partners).

14. EDITING OR DELETING DATA

Your account/login settings (if available) let you change and delete your Personal Information. For instance, you can edit or delete your data you provide and delete your account if you wish. You may also contact the Responsible Party as indicated below for this purpose.

If you choose to delete your account, please note that while most of your Personal Information will be deleted within 30 days, it may take up to 90 days to delete all of your Personal Information, as of the date recorded by the Company and its backup systems, due to the size and complexity of the systems we use to store data. We may also preserve data for legal reasons or to prevent harm.

If you object to the use or sharing of information on your email, you may opt out and unsubscribe by using the unsubscribe and opt out functions in our communications or on our Website, or you may contact the Responsible Party as indicated below in this Privacy Policy.

If you are seeking access to certain information, please be aware that the Company may not be able to provide access to information that constitutes confidential commercial information, that was collected in respect of the investigation of a breach of an agreement or of law, that is generated in respect of dispute resolution, or that otherwise may be withheld as permitted or required by law, or that may be subject to lawyer-client privilege or any other similar form of privilege.

15. INTERNATIONAL OPERATIONS AND DATA TRANSFERS

We operate internationally and may transfer information to the other countries for the purposes described in this Privacy Policy (for example, when we transfer humain remains internationally). Please note that the countries where we operate may have privacy and data protection laws that differ from, and are potentially less protective than, the laws of your country. You agree to this risk when you use the Website and/or our Services.

16. LINKS AND OTHER ASSOCIATED SITES/PLATFORMS

Our Website and platforms may contain links to other websites and platforms. We do not endorse or otherwise accept responsibility for the content or privacy policies of these websites and platforms. You should carefully review the privacy statements and other terms of use for such websites and platforms. Please be aware that these other websites and platforms may collect, use and disclose Personal Information in a very different manner from Kane & Fetterly.

17. WHERE AND HOW TO CONTACT US

An individual may request access to information about them and request correction, limitation, deletion, or destruction of personal information. They may also withdraw their consent.

To file a complaint, question, or request related to this privacy policy, you must submit a written request by email to the Responsible Party for the protection of personal information:

The Responsible Party:
Paolo Bassi
Email: privacy@kanefetterly.qc.ca

We handle all requests to view or amend personal information within 30 days. If we can't grant you access to or make corrections to the personal information we have on record, we'll explain the reasons for this decision, considering any legal limitations, and inform you about your available options.

17. CHANGES TO THIS PRIVACY POLICY

This policy came into effect on October 1, 2023. We regularly review our privacy policy and procedures, and this privacy policy was last modified on June 6, 2024.