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Privacy and confidentiality policy

1. The montréal museums society is committed to ensuring the protection of your personal information.

The Montréal Museums Society set up this policy and these procedures to respect your privacy and protect your personal information on this website as well as on all other digital initiatives of the organization. This policy explains how and why we collect personal information and what measures are in place to protect your information and to address your complaints.
Montréal Museums Society employees are trained to adhere to this policy. We have appointed a person responsible for ensuring compliance with this policy. You may contact this person by e-mail at administration@museesmontreal.org or at the following address: Montréal Museums Society, Privacy and Confidentiality Policy Officer, 333 Peel St., Montréal (Québec), H3C 3R9.
Please note that we may make changes to this policy and that this website provides you with the most current version.

2. purposes for collecting information

We determine and inform you of the purposes for which we are collecting personal information before or at the time it is collected. We only collect necessary information for the purposes sought and identified.  
We collect personal information :

  • to send you our electronic newsletters;
  • to better understand the needs of our clients and respond to their specific interests;
  • to contact you after you have corresponded with us and to send you information you may have requested;
  • for surveys or statistics on traffic sources;
  • to inform you of Montréal Museums Society promotions and activities as well as those of Montréal Museums Society member museums;

We keep your personal information for the above purposes only. We do not share, nor do we sell client lists to third parties. Third parties cannot obtain our compiled personal information lists. Our only objective is to offer you our best service and to better understand your needs. The Montréal Museums Society might disclose your personal information without your consent in exceptional circumstances where it is required by law or an order by a competent tribunal.
The information we collect consists primarily of your name and e-mail address. We inform you of the purposes of collecting personal information either verbally or in writing, depending on the circumstances in which we communicate with you. Otherwise, we proceed in writing or electronically.
If we obtain personal information about you from a third party operating a business, we write down the source of this information.
Please note that when you visit our website, we do not collect information about what type of system or Internet browser you use. Furthermore, we do not use what are commonly known as “cookies” on your computer.

3. Consent

We obtain your consent either verbally, in writing or electronically, depending on the circumstances, before or at the moment we collect your personal information. We state why we collect your personal information and ask your permission, ensuring that we obtain your obvious, free and informed consent.
By supplying the Montréal Museums Society with your personal information, you agree that the Montréal Museums Society collects and uses this information in accordance with this policy. You may refuse or decide to remove your personal information from our lists at any time.

4. Collection limitations

We only collect necessary personal information for specified purposes and we are committed to proceeding in an honest and lawful manner.

5. Limitation of use, disclosure and storing of your personal information

Your personal information is only used or disclosed for the purposes specified at the time or before it is collected. If we wish to use your information for other purposes, we shall obtain your new consent. We store your personal information for a reasonable duration needed to achieve the specified purpose. Once your personal information is no longer of use, or if you ask that your personal information be removed from our client lists, we destroy it to ensure it is no longer used or disclosed.

6. Accuracy

We endeavour to collect accurate, complete and current information to fulfill the requirements of the specified purposes. We do not update your personal information systematically, so we rely on you to inform us of any changes. The specified collection purposes do not require us to update systematically.

7. Protection of personal information

We strive to protect your personal information from being stolen, copied, used or disclosed for unauthorized purposes. Our employees are made aware of the importance of protecting the confidentiality of personal information. We limit personal information access only to personnel who are required to carry out specified purposes. We keep personal information on computer systems equipped with security systems to avoid access by unauthorized persons. We keep the filing cabinets where personal information is stored in restricted office areas. Employees who need access to this information are  provided with passwords to access our computer systems and must respect the guidelines set out by our designated privacy officer to ensure this policy is respected.

8. Transparency

We are committed to offering easily accessible and precise information on this privacy policy. We invite you to contact us regarding any of our personal information policies or procedures dealing with your personal information. To communicate with our privacy officer, please refer to the contact information given in Section 1 of this policy.

9. Access to personal information

You will be given access to your personal information by supplying us with the necessary data so that we may find it. If, upon reviewing your personal information, you request changes, we shall correct, delete or add information to suit your needs. Upon request, we will also inform you of the use and disclosure of any of your personal information to a third party.

10. Addressing complaints regarding non-compliance to this policy

For any concerns or complaints, please communicate with our privacy officer whose contact information can be found in Section 1 of this policy. We are confident we can satisfy your needs and adequately deal with any concerns or complaints you might have. We shall make inquiries in case of a complaint and if the complaint is well founded, we shall take the appropriate measures, including any modification of our policies and practices.

Terms and conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE Montréal Museums Society WEBSITE. The Montréal Museums Society is this website's owner and administrator. By using or accessing this website, you acknowledge to have read and understood these terms and conditions, and therefore accept to be bound by them.  If you do not agree to these terms and conditions, do not use this website. The website as cited in the text represents the website of the Montréal Museums Society, as well as all the other digital initiatives of the organization.This site is provided for your convenience. The Montréal Museums Society (hereafter the “MMS”) reserves the right to add, remove or modify these terms and conditions, in part or in whole, at any time and without prior notice.

Intellectual property

All that is displayed or accessible via this website, including, but not limited to, texts, logos, concepts, graphics, images, sounds, information and codes (hereafter collectively referred to as “content”), as well as their display and layout, are protected by Canadian laws and are the exclusive property of the Montréal Museums Society or third parties acting as content providers. Subject to what is expressively authorized herein, it is forbidden to copy, reproduce, use, modify, publish, broadcast, make available to the public or exploit  the content of this website in any way, in whole or in part, or to create new works from this content.
You may view, download, copy and print available documents on this site, in whole or in part, for personal, non-commercial use. Logos, photos and other displayed elements in the Media room/Photos and Media rooms/Montréal Museums Society Logos section may be used by journalists to accompany or illustrate articles. These logos and photos must be used as is and cannot be modified in any way without prior authorization from the Montréal Museums Society. This does not grant, in any way, a right to use or copy a logo or trademark belonging to a third party which might appear on this website.
Copying, downloading or printing content from this website, in whole or in part, for purposes other than those stated above is strictly forbidden without prior authorization from the Montréal Museums Society.

Disclaimer

This website and all of its content is provided as is. The Montréal Museums Society will make reasonable efforts to provide valid information on this website, but makes no guarantee, either explicit or implicit, as to the website or its content, in particular, but without limiting the foregoing:

  1. As to the completeness, the quality, the accuracy or the reliability of the website and its content;
  2. As to the operation of the website without interruption or error;
  3. As to the correction of errors or defects which may affect the website;
  4. As to the absence of software viruses or other damaging elements on the website and to its content.

Under no circumstances shall the Montréal Museums Society, its administrators, its employees, its content providers, its representatives or its agents be held responsible for any damage caused directly or indirectly by using this website or its content. More specifically, but without limiting the generality of the foregoing, the Montréal Museums Society shall not be responsible for loss of data, loss of profits, loss of business, or property damage ensuing from the use of this website or its content. 
Under no circumstances shall the Montréal Museums Society, its administrators, its employees, its content providers, its representatives or its agents be held responsible for any damage caused directly or indirectly by the act, omission or conduct of a third party user or of any website sponsor or advertiser. The Montréal Museums Society shall not be responsible for the use or inability to use any software, link, content or service of a website accessible by hyperlink from this website.

Hyperlinks

This website may contain hyperlinks to third party sites. These links are provided for the convenience of its users and do not signify in any way that the Montréal Museums Society approves the content of these sites. The Montréal Museums Society does not guarantee the quality, accuracy or reliability of the content of third party sites, nor their transactional security or their operation. Therefore, the Montréal Museums Society shall not be responsible for any damage, direct or indirect, ensuing from the use of these sites.

To contact us regarding these terms and conditions

For all other correspondence regarding these terms and conditions, please write to us at the following address: Montréal Museums Society, Webmaster, 333 Peel St., Montréal (Québec), H3C 3R9 or at the following phone number: 514-845-6873 #211.

 Purchasing conditions

Purchasing Conditions

Montréal Museums offers you an online service for purchasing a "Montréal Museums Card" giving you access to Montréal's member museums. Montréal Museums is not a museum but rather acts as an intermediary between Platform users and the museums. Access to the museums that you benefit from by using the Platform or purchasing products on it is granted by independent third parties who are not employees, representatives or agents of Montréal Museums.

Rates and availability of products displayed (including the "Montréal Museums Card") are subject to change without notice. Errors shall be corrected promptly after being brought to our attention.

In addition to these Purchasing Conditions, the purchase of products via the Montréal Museums Platform by the user is subject to the Terms of Use and the Privacy Policy of the website https://museesmontreal.org/en.

Purchase Agreement

By clicking on the "[Order]" button on this website, you agree to purchase the "Montréal Museums Card" selected through your Montréal Museums account, according to the terms and conditions agreed upon at the time of selection and subject to these Purchasing Conditions, the Terms of Use and the Privacy Policy of the website https://museesmontreal.org/en.

You represent and warrant that you are of legal age to enter into a binding contract within the Province where the product is purchased.

Billing will take place at the time of online purchase.

Payment

You can pay for your transaction with a credit card issued in Canada by Visa™, MasterCard™ or American Express™. Products purchased through your account are paid for using the credit card applicable to your Account. In accordance with the legislation in force, the applicable consumption taxes will be applied to the transactions carried out by you on the transactional pages of the Montréal Museums Platform.

Transaction

Once your transaction is finalized, we verify the information you have provided us, including your payment method and the terms of purchase of the products. We reserve the right to stop the transaction without having to provide justification. Should we stop your transaction, we shall notify you by email at the address you have provided.

When we stop a transaction, we usually do not charge the amount to your credit card, but if we do, we will either reimburse you for that amount or ensure that a credit is applied to your credit card for that amount.

Once your transaction has been finalized and validated, Montréal Museums will send you a confirmation email detailing all the terms and conditions applicable to the products purchased. This confirmation email is a copy of the contract. It contains a description of the transaction and all terms and conditions applicable to the products.

Should you wish to send a private comment to Montréal Museums, you may of course do so by sending an email to info@museesmontreal.org. We take all comments seriously, as they help us to continually improve our services.

If you have any questions about the Platform's operation, please write an email to info@museesmontreal.org.

To reach User Services: info@museesmontreal.org or call 514-845-6873 ext. 211 between 9 a.m. and 5 p.m., Monday to Friday (except holidays).

Consumer Protection Act, chapter P-40.1

SECTION I.1 - CONTRAT CONCLU À DISTANCE

54.4. Before a distance contract is entered into, the merchant must disclose the following information to the consumer:

(a) the merchant’s name and any other name under which the merchant carries on business;
(b) the merchant’s address;
(c) the merchant’s telephone number and, if available, the merchant’s fax number and technological address;
(d) a detailed description of goods or services that are to be the object of the contract, including characteristics and technical specifications;
(d.1) if applicable, the information required under subparagraph c of the second paragraph of section 236.1 and under section 236.3;
(e) an itemized list of the prices of the goods or services that are to be the object of the contract, including associated costs charged to the consumer and any additional charges payable under an Act;
(f) a description of any possible additional charges payable to a third party, such as customs duties and brokerage fees, whose amounts cannot reasonably be determined;
(g) the total amount to be paid by the consumer under the contract and, if applicable, the amount of instalments, the rate applicable to the use of an incidental good or service and the terms of payment;
(h) the currency in which amounts owing under the contract are payable if not Canadian dollars;
(i) the date on which, or the time within which, the merchant’s principal obligation must be performed;
(j) if applicable, the mode of delivery, the name of the carrier and the place of delivery;
(k) the applicable cancellation, rescission, return, exchange and refund conditions, if any; and
(l) any other applicable restrictions or conditions.

The merchant must present the information prominently and in a comprehensible manner and bring it expressly to the consumer’s attention; in the case of a written offer, the merchant must present the information in a manner that ensures that the consumer is able to easily retain it and print it.

 Terms of use

By using the https://museesmontreal.org/en website and mobile application (collectively, the "Platform") and related transactional pages, products and services, you agree to abide by these Terms of Use, Purchasing Conditions and Privacy Policy, which are subject to change without notice. In addition, you agree to review these Terms of Use, the Purchasing Conditions and the Privacy Policy from time to time and acknowledge that your continued use of the Platform means that you have accepted any changes that may have been made. [This is the English version of the Terms of Use. In the event of any inconsistency, the official French version shall prevail over the English version].

For the purposes hereof, the terms "Montréal Museums", "we", "us" and "our" refer to the https://museesmontreal.org/en web platform and the Société des musées de Montréal, a non-profit organization whose head office is located at 333 Peel Street, Montréal, Québec, H3C 3R9 Canada.

Warranty

We strive to ensure that the information on the Platform is reliable when published. Despite our best efforts, we cannot guarantee that the information is accurate or complete, free of errors or omissions, or that it is current at all times. We cannot guarantee that the Platform will be accessible at all times, without interruption or without fault. We disclaim all liability for damages that may result from the Platform's inaccessibility or from difficulties you may experience while accessing the Platform, including any interruption of service, network failure, malfunction of hardware, computer or other equipment or software, or any transmission that is faulty, incomplete, incomprehensible or deleted, whether or not such difficulties have been brought to our attention. Generally, without restricting the specific liability limitations set out above, and notwithstanding anything to the contrary, we shall not be liable for any damages that may arise from or in connection with the Platform or its contents.

Suspension and Termination

We reserve the right to suspend at any time, without notice, total or partial access to the Platform, including your account and any part of the transactional pages or our pages accessible through certain social media websites or our services. In addition, we reserve the right to stop downloading information to such sites, in which case we disclaim all liability for any damages you may suffer. All information on the Platform is subject to change without notice.

Hyperlinks

The Platform contains hyperlinks that may direct you to our service providers' or third-party websites (including internet payment services such as "Stripe™"). The fact that the Platform offers links to other websites does not mean that we endorse or approve the content of these websites or the products, services or publications that may appear on them. The content available through these hyperlinks is not subject to our policies. Therefore, we are not responsible for any damages you may suffer when you are redirected to another website by means of a hyperlink.

Using the Platform

The Platform and the services are made available to you and are provided exclusively for your personal, non-commercial use. You may not use the Platform in any way that competes with Montréal Museums' activities.

You are prohibited from, and you agree to refrain from, transmitting on the Platform any inappropriate, obscene or fraudulent information. You are prohibited from, and you agree to refrain from, engaging in any activity related to the use of the Platform that is a criminal offence, an illegal act or a violation of the Terms of Use, the Purchasing Conditions and the Privacy Policy.

Montréal Museums will automatically and without notice suspend your access to the Platform should we have reasonable grounds to believe that your use of the Platform constitutes or is related to criminal activity, an illicit act, a violation of the Terms of Use, the Purchasing Conditions or the Privacy Policy, or an attempt to do any of the foregoing. Similarly, Montréal Museums reserves the right to automatically and without prior notice transmit any information we deem relevant (including personal information) to the appropriate authorities in order to prevent or stop any criminal or illegal act.

You may not use on the Platform any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbots, or any other harmful component, file, program or computer code designed to interrupt, destroy or limit the operation of the Platform. You shall not attempt to gain unauthorized access to the Platform, other computer systems or networks connected to the Platform, through password mining or other means; interfere with or disrupt the networks or servers connected to the Platform or violate the regulations, policies or procedures of such networks; and use, download or otherwise copy, or provide to any person or entity the user directory or other user information or usage data or any part thereof for any purpose other than those used for the Platform.

In order to use the Platform, you must register and create a personal user account. To do so you must be at least 16 years of age. You will need to submit personal information such as your name, address, telephone number, email address, and register a valid credit card to Montréal Museums. Your account information must remain accurate, complete and up to date at all times. Failing this, your access to your account may be suspended or terminated automatically and without notice.

You understand and agree that you are responsible for maintaining the confidentiality of the passwords associated with your account. You agree that you will be solely responsible for activities undertaken through your account. If you become aware of any unauthorized, criminal or illegal activity, you agree to immediately notify Montréal Museums at the following email address: info@museesmontreal.org or by telephone at 514-845-6873 ext. 211.

Compensation

You agree to compensate and hold us harmless and to take up the cause of action on behalf of Montréal Museums with respect to any damages and all causes of action arising from any act or omission on your part relating to your use of the Platform in violation of these Terms of Use, the Purchasing Conditions and the Privacy Policy or applicable laws. We assume no responsibility or liability that may arise from any acts or omissions, illegal content, transmissions or downloads by any user.

Disclaimer

You acknowledge that you use and rely on the Platform at your own risk. To the extent permitted by law, we make no warranties of any kind with respect to the Platform, all of which is provided to you on an "AS IS" and "AS AVAILABLE" basis. THE PARTIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, OF QUALITY OF SERVICES RENDERED, OF NON-INFRINGEMENT, AND OF FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING OTHERWISE UNDER APPLICABLE LAW OR OTHERWISE IN THE ORDINARY COURSE OF BUSINESS OR IN THE MARKET PLACE. WE DO NOT WARRANT THAT THE PLATFORM WILL CONTINUE TO OPERATE, OR THAT IT WILL OPERATE WITHOUT INTERRUPTION OR THAT IT WILL BE ERROR-FREE.

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT SDMM IS NOT LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT OR PUNITIVE DAMAGES OR OTHER TYPES OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PROPERTY DAMAGE, LOSS OF INFORMATION, PROGRAMS OR DATA, ECONOMIC LOSS) ARISING OUT OF THE USE OF THE PLATFORM, OF ANY CONTENT PROVIDED, A THIRD PARTY WEBSITE, OR ARISING FROM THE ACTS OR OMISSIONS OF A USER, OR FROM THE INABILITY TO USE OR ACCESS THE PLATFORM, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, OR THAT SUCH DAMAGE OR LOSS IS REASONABLY FORESEEABLE.

In all cases, you acknowledge that the total and cumulative liability of Montréal Museums with respect to such damages is limited to an amount of $100 CAD.

YOU ACKNOWLEDGE AND ACCEPT THAT MONTRÉAL MUSEUMS IS NOT A MUSEUM BUT RATHER ACTS AS AN INTERMEDIARY BETWEEN USERS OF THE PLATFORM AND THE MUSEUMS. ACCESS TO THE MUSEUMS THAT YOU BENEFIT FROM BY USING THE PLATFORM OR PURCHASING PRODUCTS ON IT IS GRANTED BY INDEPENDENT THIRD PARTIES WHO ARE NOT EMPLOYEES, REPRESENTATIVES OR AGENTS OF MONTRÉAL MUSEUMS.

IT Security

We comply with applicable laws governing the protection of personal information. [In addition, we use encryption techniques to ensure the confidentiality of information exchanged between you and Montréal Museums on transactional pages]. [We also protect the information exchanged when accessing the Platform through an unprotected platform or in a public place that could compromise the confidentiality of your personal information]. However, we disclaim all liability for any damages you may suffer as a result of your access to the Platform in such circumstances.

Communications by email or telephone (including text messages) are not secure or confidential. They may be lost or intercepted, just as communications made by other means (e.g., mail). No electronic system is completely secure or error-free. We disclaim all liability for any damages you may suffer as a result of the use of the Platform or the exchange of e-mails or electronic messages (including text messages), whether they originate from you or from us.

You are solely responsible for ensuring the protection and backup of your data when using your computer devices and platforms.

Trademarks and Intellectual Property

All web content (including text, illustrations, graphics, images, photographs, audio and video clips, software and code available on the Platform (collectively, the "Content"), including the manner in which the Content is presented, is protected by Canadian and foreign laws, particularly with respect to copyright, and belongs to Montréal Museums and/or third parties that have granted it a license. You are prohibited from : i) use, reproduce, modify, adapt, translate, download or transmit the Content, in whole or in part, or otherwise allow access to it; ii) modify, remove or cover any trademark or proprietary notice included in or on the Content or the Platform; and iii) decompile, disassemble, decrypt, extract or reverse engineer the Platform or any of its components, including but not limited to software, or assist anyone in doing any of the foregoing.

Certain names, words, titles, phrases, graphic elements, logos, icons or designs used on the Platform may be trademarks that belong to Montréal Museums, third parties that have granted it a licence or other service providers and/or are used with the consent of third-party owners. You agree not to remove, edit or otherwise modify the trademarks, service marks, logos and other information belonging to us that appear on the Platform. You may not reproduce, in whole or in part, or use in any way the trademarks and information appearing on the Platform, including user comments, without our prior written consent.

Social Media Websites

Some pages of the Platform may be accessible through the following social media websites: Facebook, Twitter, YouTube and LinkedIn. Before viewing or using our web pages on these social media websites, you must read and abide by their terms of use and privacy policies.

Applicable law

These Terms of Use shall be governed by the laws applicable in the Province of Québec and the applicable laws of Canada, without regard to conflicts of laws. You hereby acknowledge that any dispute arising from or related to the use of the Platform shall be subject to the jurisdiction of the Québec courts of the district of Montréal.

Entire Agreement

These Terms of Use constitute the entire agreement between the parties relating to their subject matter and supersede any prior agreements, representations, warranties or understandings, whether oral or written, express or implied, with respect thereto. If one or more provisions of these Terms of Use are found to be unenforceable by a court of competent jurisdiction, both you and we agree to remove such unenforceable portion and enforce the remainder of these Terms of Use.

Successors

These Terms of Use are binding on Montréal Museums and you, as well as on our respective heirs, agents, legal representatives, transferees, successors (including any successor resulting from a merger or other statutory arrangement), assigns and beneficiaries in title.

Assignment

You may not assign or transfer your rights and obligations hereunder without the prior written consent of Montréal Museums, which consent may be withheld at the sole discretion of Montréal Museums.

Mobile Application

By installing The Montréal Museums Platform and services, you hereby consent to the activation of the Platform by the Montréal Museums Society, a non-profit organization headquartered at 333 Peel Street, Montréal, Québec H3C 3R9 Canada, and to any future updates and enhancements. You may withdraw your consent at any time by uninstalling the Platform from your device. To request assistance, contact Montréal Museums at info@museesmontreal.org.

You acknowledge and understand that the Platform (including any updates and enhancements thereto) will (i) cause your device to automatically communicate with our servers to provide features and services (as described on the platform where you download the mobile application, such as iTunes or Google Play), (ii) affect your preferences regarding mobile applications or information stored on your device, and (iii) collect personal information, as more fully described in our Privacy Policy. Your telecommunications service providers may impose data charges when you use the Platform and our services or data charges when you update the Platform and our services if you have not restricted the download using wireless Internet connections.