TERMS AND CONDITIONS

Definitions

For the purposes of the Agreement, the terms defined in this section may be used in all their grammatical forms; nouns, adjectives, in plural or singular, and verbs according to their conjugation and tense, without losing the meaning ascribed to them.


 

For the purposes of the Agreement, the terms defined in this section may be used in all their grammatical forms; nouns, adjectives, in plural or singular, and verbs according to their conjugation and tense, without losing the meaning ascribed to them.


 

List of definitions

Account Administrator

Member of an Organization to which the Organization grants the right to administer the account, which right includes the following prerogatives:

  • amendment of the User Account information;
  • addition of Authorized Users and their User Profiles;
  • amendment of payment information;
  • performance of any operation related to the business relationship of the Organization with NeXafe.

An Organization may have one or more Account Administrators.

Partner

An entity whose limited access to the platform has been assigned and is controlled by one or more Customer.

User Account

The right to access the NeXafe Products associated with a user name and password which NeXafe grants to a Customer or Authorized User. A User Account may be associated with Google or Facebook accounts or with an email address provided by the Customer or the Authorized User.

Customer

An Organization designated on the registration form that has received an email confirming the order of Products from NeXafe. In order to simplify the text below, a Customer may be referred by “You”.

Data

Computer data, images of content or other materials of any type which the Customer communicates (including through its Authorized Users) through the Platform.

Member of a Customer, an Organization, or a Partner

Means any natural person who is a member of an Organization, a Customer or a Partner, as the case may be, as an employee, volunteer, officer, mandatary, consultant, agent or other third party acting on behalf of or in the name of the Customer, the Organization or the Partner. An Authorized User may be a member of several Customers, Organizations or Partners. Such a Member may also be referred to using the possessive form, in the singular or plural, with the pronouns “his/her” and “their”.

Organization

A person who carries on a business, limited partnership, limited liability company, partnership, union, employer organization, sole proprietorship, business corporation or company (with or without share capital), legal person, cooperative, trust, unincorporated association, joint venture, non-profit or not-for-profit organization, government authority or any other entity, regardless its legal form, incorporation status or the jurisdictions in which it operates, carrying on an organized activity of any nature whatsoever and which uses the NeXafe Products. An Authorized User who manages the schedules of other Authorized Users is considered an Organization.

Persons Concerned

Natural persons concerned by Personal Information.

Platform

The NeXafe Products as well as the website www.nexafe.com.

NeXafe Products
  • NeXafe solutions, software offered as a remote service (software as a service) for compliance management and communication between Authorized Users, including data capture, document approval, monitoring, instant and deferred notification services, as well as passport sharing in the field and at customer premises;
  • the NeXafe solutions offered in whole or in part as mobile apps for smartphones or tablets;
  • any other solution providing new functionalities which may be added in the form of a module to the solutions listed in (1) and (2); and
  • support for Authorized Users and related maintenance provided by NeXafe.
Free NeXafe Products

NeXafe Products in non-definitive form (“Beta NeXafe Products“) as well as free accounts and trial periods, as provided in section 8.

User Profile

All Personal Information concerning an Authorized User transcribed in an intelligible and structured manner which is accessible and modifiable via the Platform.

GDPR

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), [2016] OJ L 119.

Personal Information

Any information about a natural person which directly or indirectly allows the person to be identified. For the purposes of the Agreement, Personal Information is considered the equivalent of “personal data” within the meaning of the GDPR.

Controller

The Organization which, alone or jointly with others, determines the purpose and principal means of Processing. Controller corresponds to the following, as the case may be:

  • “Any person carrying on an enterprise who may, for a serious and legitimate reason, collect personal information on another person” within the meaning of section 4 of the Act respecting the protection of personal information in the private sector, CQLR, c. P-39.1, as amended by the Act to modernize legislative provisions as regards the protection of personal information, SQ, 2021, c. 25 (hereinafter the “Amended Act“); and article 1525 of the Civil Code of Québec, CQLR, c. CCQ-1991 (hereinafter the “Civil Code of Québec“).
  • A “client” in connection with a contract for services within the meaning of article 2098 of the Civil Code of Québec.
  • A “mandator” in connection with a mandate within the meaning of article 2130 of the Civil Code of Québec.
Joint controller

The Organization which determines the purpose and means of Processing jointly with another Organization.

Processor

The Organization which Processes Personal Information on behalf of the Controller although it may determine the secondary Processing means. Processor corresponds, as the case may be, to:

  • A “provider of services” in connection with a contract for services within the meaning of article 2098 of the Civil Code of Québec.
  • A “mandatary” in connection with a contract of mandate within the meaning of article 2130 of the Civil Code of Québec.
Processing

Any transaction or set of transactions whether or not carried out using automated procedures applied to Personal Information or sets of Personal Information such as the collection, recording, organization, structuring, preservation, adaptation or modification, extraction, consultation, use, communication through transmission, release or any other means of making them available, merging or linking them or limiting, erasing or destroying them.

Authorized User

Member of a Customer, Organization or Partner which an Account Administrator authorizes to use the NeXafe Products after the Customer has paid all related charges. An Authorized User may be a member of several Customers, Organizations or Partners, as the case may be.