Confidentiality agreement on personal information and non-solicitation

Futé Marketing Inc., a legally constituted legal person with a business office at 204 Boul. Curé-Labelle, suite 200, Sainte-Thérèse, Quebec, J7E 2X7; hereinafter referred to as “FM”. WHEREAS FM is a firm working in the field of web marketing; WHEREAS the advisor signing this contract retains the services of FM through a program unique to the advisors partners of the Financial Horizons Group; WHEREAS FM will provide web services, such as: newsletters, website, remarketing advertising, LinkedIn (if necessary), all in accordance with the agreement provided for this purpose and all other subsequent agreements between the parties; WHEREAS FM will have access to confidential information relating to the signatory’s clients, which will be provided to it by the latter, either through a client list; WHEREAS confidential information is defined as being the first names, surnames, civic addresses, IP addresses, email addresses, telephone numbers and date of birth of the clients on the list that the signatory will provide to FM, being the information allowing ” identify a natural person; WHEREAS FM recognizes that the success of the Signatory is linked to a large extent to the non-disclosure and non-use of its clients’ confidential information for purposes other than those of this Agreement and that such non-disclosure or non-use authorized defined confidential information would prejudice the signatory; WHEREAS through the newsletters and advertisements produced by FM, the signatory’s customers will be called upon to visit the signatory’s website; WHEREAS a cookie is programmed so that certain socio-demographic information of people visiting the signatory’s website is kept in memory in dedicated data being the property of FM, all for the purposes of a personalized content display strategy; THE PARTIES AGREE AS ​​FOLLOWS: 1. FM may not at any time use confidential information given to it through the signatory’s lists; 2. The signatory agrees to provide a list of clients who can be contacted, in particular by email and newsletter, which list will meet the criteria set out in the Canadian anti-spam law, namely Bill C – 28 .; 3. Confidential customer information of the signatory given to FM will remain the property of the signatory; 4. The signatory undertakes to update the list of clients provided in order to always comply with the laws to this effect; 5. FM is committed to maintaining in the strictest confidentiality the personal and confidential information of which it will have knowledge during the term of its mandate, and to this end, undertakes to submit to all the standards and procedures for the protection of confidential information adopted under the laws and regulations to which the signatory must comply; 6. FM undertakes to have all its employees and / or subcontractors having access to the personal and confidential information given by the signatory about its clients, sign a valid and compliant confidentiality and non-solicitation agreement; 7. Following the termination of this contract, FM undertakes not to disclose and / or use, for its own benefit or that of a third party, the confidential information that the signatory has disclosed to it relating to its customers. This obligation has no time limit; 8. At the end of FM’s mandate, the latter must hand over the customer lists as well as all usable confidential information given to it by the latter and instantly destroy any copy of this information; 9. FM undertakes not to solicit the signatory’s customers and in any case disclose the information, under any legal penalty; 10. In addition, the signatory acknowledges and consents that the information relating to the socio-demographic information of the people who have visited the website and / or any other link created by FM is saved in a dedicated server and that said information will be the property of FM. It is understood that this information fully respects confidentiality, within the meaning of the Act respecting the protection of personal information in the private sector (P39.1), since socio-demographic information in no way allows a person to be identified and all confidential information are encrypted and usable in any way to determine the identity of a person; 11. The signatory understands that he is solely responsible for the compliance of the list of clients provided and its updates and vouches for its compliance, with the total exemption of FM; 12. FM recognizes that its failure to respect the confidentiality of the information would cause serious prejudice to the signatory. In the event that an incident occurs, FM has the duty to inform the signatory as soon as possible and to propose solutions to remedy the situation; 13. The signatory may resort to proceedings for injunction, damages or any other remedy relating to the violation or threat of violation of this undertaking by FM.