Terms and Conditions of Use for ImmiTalents

GENERAL TERMS AND CONDITIONS OF USE — IMMITALENTS INC.

SECTION 1: PREAMBLE, PRESENTATION, AND COMPREHENSIVE DEFINITIONS

1.1. PREAMBLE AND ACCEPTANCE OF TERMS

This document, hereinafter referred to as the “General Terms and Conditions of Use” or “T&Cs,” constitutes a legal and binding contract between you, whether an individual user, a candidate, an employer, an authorized professional, or any entity you represent, regardless of your geographic location or country of incorporation (hereinafter the “User”), and ImmiTalents Inc., a company duly incorporated under the laws of the province of Quebec, Canada (hereinafter “ImmiTalents,” the “Company,” “we,” “us,” or “our”).

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES.

By accessing the website immitalents.com, our mobile applications, or using any of our referral tools from anywhere in the world, you acknowledge that you have read, understood, and agreed to be bound by the entirety of these T&Cs as well as our Privacy Policy. If you do not accept these terms in their entirety, you must immediately cease all use of the Platform.

This contract is governed by the principles of transparency, professional ethics, and respect for privacy, in accordance with the rigorous requirements of Quebec and Canadian law, while integrating international data protection standards such as the General Data Protection Regulation (GDPR).

1.2. PRESENTATION OF IMMITALENTS: MISSION, VALUES, AND BUSINESS MODEL

1.2.1. Platform Mission and Legal Nature

IImmiTalents Inc. (the “Company”) operates strictly as a Software-as-a-Service (SaaS) technological platform. The primary function of the Platform is to provide automated digital tools, structured data-matching technologies, and administrative routing workflows to facilitate connections between independent Candidates, Employers seeking global talent, and licensed third-party immigration experts (“Authorized Professionals”) across multiple jurisdictions.

Exclusion of Legal and Immigration Advice The Company is not a law firm, does not employ practitioners in a legal advisory capacity to the User, and does not provide legal representation, legal advice, or immigration consulting services of any kind. Any information, calculators, trackers, milestone assistants, template documentation, or other materials displayed on or transmitted via the Platform are provided for general informational and logistical purposes only. They do not constitute professional legal counsel and must not be relied upon as such. The User assumes sole responsibility for obtaining qualified, independent legal advice from licensed Authorized Professionals.

Independent Status and No Outcome Guarantees The Company does not act as an agent, employer, partner, or joint venture representative of any User or third-party Authorized Professional. Under no circumstances shall the Company be deemed a party to any contract, mandate, or representation agreement concluded between a User and an Authorized Professional, or between a Candidate and an Employer. Furthermore, the Company makes no representations, warranties, or guarantees regarding:

1. The success, approval, selection, or processing timelines of any visa, work permit, permanent residency, or immigration application submitted to any governmental or regulatory authority.

2. The accuracy, truthfulness, legality, or completeness of any documentation, credential verifications, job offers, or sponsorship capabilities uploaded by Users.

3. The professional qualifications, regulatory standing, responsiveness, or standard of care of any matched Authorized Professional.

Financial Independence and Direct Billing Between Users and Experts Any financial transactions, fee agreements, retainers, or billing arrangements for professional services are negotiated, concluded, and settled directly and exclusively between the User (Candidate or Employer) and the matched Authorized Professional. ImmiTalents is not a party to these financial agreements, does not collect, hold, or process payments for professional legal or immigration services on behalf of the Expert, and assumes absolute non-liability for any billing disputes, professional errors, or refund requests arising from the mandate concluded between the User and the Authorized Professional.

Regulatory Declarations To the extent required by applicable local legislation:

1. ImmiTalents Inc. is a registered corporate entity in the Province of Quebec, Canada.

2. The Company holds a valid personnel recruitment agency permit issued by the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST Permit No. AR-2504666). This licensing is maintained strictly for compliance with provincial standards regarding technological recruitment brokering and does not alter the Company’s primary legal status as a SaaS technology intermediary.

1.2.2. Core Values

The operation of ImmiTalents is based on four ethical pillars:

• Strategic Confidentiality: We rigorously protect the integrity of our technological processes and the privacy of our members worldwide.
• Ethics and Compliance: We only collaborate with Authorized Professionals who are members in good standing of their respective professional orders, guaranteeing an impeccable quality of advice.
• Data Integrity: The management of sensitive data is at the heart of our software architecture, following “Privacy by Design” principles.
• Equity and Merit: We favor access to opportunities based on actual competence, eliminating unnecessary geographic barriers in international recruitment.

1.2.3. Business Model and Universal Free Access

ImmiTalents operates on a hybrid access model designed to foster a balanced, highly professional, and active ecosystem of global talent, companies, and licensed experts.

• Free Access for Candidates: Access to the Platform, creation of a global mobility profile, job searching, applying for positions with visa sponsorship, and utilizing the Expert Referral Tool are completely free of charge for all Candidates globally.
• Free Access for Experts (Authorized Professionals): Standard onboarding, inclusion in our matching database, and receipt of anonymized case referrals are free of charge for qualified immigration legal experts.
• SaaS Subscription Model for Employers: Access to the Candidate database, vacancy postings require a paid subscription. ImmiTalents operates a Tiered Subscription Model tailored to the volume and complexity of an Employer’s international hiring operations:
  
  • Subscription Tiers: Benefits, system limits, and platform capabilities are distributed across distinct tiers. Higher tiers unlock premium features, including but not limited to: increased limits on active job postings, extended access to the Candidate global talent database, advanced applicant tracking (ATS) collaboration features.
  • No Fixed Price Guarantee: ImmiTalents does not specify permanent pricing amounts in these T&Cs. Specific subscription fees, transactional costs, and administrative verification fees are governed by the active pricing sheet published on the Platform’s billing portal.
  • Right to Modify Pricing Strategy: ImmiTalents expressly reserves the right to modify, adjust, or restructure its subscription models, fees, and pricing tiers at any time. Any changes to the fee structure will be subject to reasonable prior notice communicated to Employers via the Platform or by email.
• Validation Services: Certain third-party verification, certification, or translation services integrated into the platform may incur additional optional fees, but these are never mandatory to utilize the Platform’s core matching and messaging pipelines.

Important Note: ImmiTalents is not a law firm, does not provide legal advice, and never intervenes in the final professional relationship between the Expert and their Client.

1.3. LEGAL CONTEXT AND APPLICABLE LAWS

1.3.1. Jurisdiction and Competence

While the Platform is administered from Montreal, Quebec, and serves an international community, this contract is governed by the laws of the province of Quebec and the federal laws of Canada. Any dispute relating hereto shall be submitted to the exclusive jurisdiction of the courts of the judicial district of Montreal, without regard to conflict of law principles.

 

1.3.2. Compliance with Law 25 (Quebec)

ImmiTalents applies the highest standards of the Act respecting the protection of personal information in the private sector. We ensure total transparency regarding the purposes of data collection and the rights of access, rectification, and withdrawal for all Users, while framing the use of automated decision-making algorithms with human oversight measures.

1.3.3. International Standards (GDPR & PIPEDA)

For our international users, we maintain security and data processing standards aligned with the General Data Protection Regulation (GDPR) and the Personal Information Protection and Electronic Documents Act (PIPEDA). We guarantee that cross-border data transfers are protected by standard contractual clauses and robust security measures.

1.4. GLOSSARY AND GENERAL DEFINITIONS

To ensure uniform interpretation of this contract across jurisdictions, the following terms are defined as follows:

• Account: The secure digital interface dedicated to the User on the Platform.
• User: Any person or entity (Candidate, Employer, Expert) accessing the Services, regardless of location.
• Candidate: An individual using the Platform for their personal mobility or career needs.
• Employer: An organization (Company, Firm, NGO, etc.) using the Platform to identify or manage international human resources.
• Expert / Authorized Professional: A legal practitioner or regulated consultant, member of a professional order in their respective jurisdiction, selectable by the connection system.
• Immigration Services – Referral Tool: Proprietary technology allowing for the identification and suggestion of expert profiles adapted to a User’s specific needs randomly according to search criteria.
• Automated Connection Process: A confidential algorithmic system managing the selection and contact with professionals. The technical details of this process constitute a trade secret of ImmiTalents.
• Intake Form: A structured questionnaire used to define the parameters of a case.
• RefID: A unique reference code generated for each case, allowing for technical tracking without immediately identifying the parties.
• Level 1 Data (Anonymized): Factual information processed to prevent the identification of a person, used for the preliminary assessment phase by an expert.
• Level 2 Data (Identifying): Nominative information (Name, Email, Phone) shared only after validation of mutual interest between the User and the Expert.
• Staggered Disclosure: A security protocol limiting access to personal information during the initial connection phases.
• Service Level Agreement (SLA): Standard deadlines targeted by the Company for technical management of requests.
• Job Offer with Sponsorship: A professional opportunity including administrative support for immigration or work permits.
• Compliance Verification (KYC): Internal procedures aimed at validating the identity of members and the authenticity of documents, adapted to international standards.
• Immigration Assistance-Referral Service: A technological brokerage service between a client and a professional.
• Platform: The set of digital resources (sites, API, applications) published by ImmiTalents Inc.
• User Content: Any data uploaded to the Platform by a member under their own responsibility.
• Trade Secret: Refers to any information, including search and selection algorithms, that is not known to the public and provides a competitive advantage to ImmiTalents.
• Third-Party Provider: External technical partners (hosting, payment, security) contractually linked to the Company, often operating globally.
• Pathway Data: History and details of the steps taken by a Candidate on the Platform.
• Professional in Good Standing: An expert providing proof of their professional accreditations and professional liability insurance in their respective country.
• Closure Notice: Communication informing the User that connection attempts for a specific case have ended.
• Quality Assessment: Mechanism for collecting feedback on the experience with an Expert.
• Workspace: Section of the Platform allowing for collaboration and document sharing between Users and Experts.
• Performance Trackers: Analytical tools measuring service effectiveness for continuous improvement.
• Competent Authority: The court or regulatory body having jurisdiction over a specific aspect of the contract.
• Malicious Behavior: Any attempt to harm the integrity of the Platform or its Users.
• Case Lifecycle: The set of phases, from initial registration to the closure or success of the connection.
• Immigration Pathway Tracker (Milestone Assistant): A digital or paper informational tool allowing Users to visualize and track the standard stages of an international mobility project. It provides automated logistical support, fraud awareness alerts, and redirection resources.

1.5. ELIGIBILITY AND CAPACITY

The User attests to being at least 18 years of age and possessing full legal capacity to contract under the laws of their country of residence. Using the Services on behalf of a legal entity implies that the individual has the necessary powers of representation. ImmiTalents reserves the right to require proof of eligibility at any time.

1.6. LANGUAGE CLAUSE

Les parties aux présentes confirment leur volonté expresse que ce contrat ainsi que tous les documents, avis et procédures s’y rattachant soient rédigés en français. The parties hereby confirm their express wish that this agreement and all related documents, notices, and proceedings be drawn up in French.

GENERAL TERMS AND CONDITIONS OF USE — IMMITALENTS INC.

SECTION 2: ACCEPTANCE OF TERMS AND ELIGIBILITY

2.1. ACCEPTANCE PROCESS AND CONTRACTUAL VALUE

2.1.1. Nature of Digital Consent

Acceptance of these T&Cs is carried out through a “click-wrap” mechanism, an electronic consent method widely recognized by Quebec and Canadian case law. By checking the box “I accept the General Terms and Conditions of Use and the Privacy Policy” during account creation or use of the Referral Tool, the User expresses their express, free, and informed consent.

This action constitutes an electronic signature within the meaning of the Act respecting the legal framework for information technology (Quebec). The User acknowledges that this consent has the same legal value as a handwritten signature at the bottom of a paper contract.

2.1.2. Proof of Acceptance

ImmiTalents maintains secure, timestamped electronic records of each acceptance. These audit logs constitute admissible and enforceable proof before any competent authority in the event of a dispute. The User waives any right to challenge the validity of the contract on the grounds that it was concluded electronically.

2.1.3. Consequences of Acceptance

Upon acceptance, the User is bound by all clauses, including limitations of liability and provisions relating to intellectual property. Failure to comply with any of these provisions may result, at ImmiTalents’ sole discretion, in:

• A formal electronic warning.
• Temporary suspension of access to all or part of the Platform.
• Unilateral and immediate termination of the contract, leading to the deletion of the Account and associated data, without prejudice to damages that the Company might claim.

2.1.4. Refusal of Terms

If the User refuses any of the clauses of this contract, they must refrain from using the Platform. Any continued use or access to ImmiTalents’ servers after an update of the T&Cs without an explicit manifestation of disagreement will be deemed to constitute tacit acceptance of the new conditions.

2.2. ELIGIBILITY CRITERIA AND ACCESS CONDITIONS

2.2.1. Age and Legal Capacity

Use of the Platform is strictly reserved for natural persons who have reached the age of legal majority in their country of residence and possess full legal capacity to enter into contractual commitments. In Quebec, this age is set at 18 years.

For legal entities (companies, law firms) registered anywhere in the world, the User acting on behalf of the entity guarantees that they have all the necessary powers to bind said entity. Any false statement regarding legal capacity may result in the nullity of the transactions carried out, while maintaining the User’s liability for the acts performed.

2.2.2. Identity and Compliance Verification (KYC)

ImmiTalents reserves the right to implement verification procedures at any time. This includes, but is not limited to:

• Requesting official identification documents (Passport, driver’s license).
• Verifying professional accreditations for Experts (certificates of membership in a bar association or CICC).
• Validating corporate information for Employers (Quebec Enterprise Number – NEQ, Certificate of Incorporation, etc.).

Failure by a User to provide such proof within a reasonable timeframe may result in the immediate suspension of their right to access the connection process.

2.2.3. Prohibition Related to International Sanctions

In compliance with Canadian laws (notably the Special Economic Measures Act and the United Nations Act), access to the Platform is formally prohibited to any person or entity:

• Residing in a country subject to an embargo or economic sanctions by the Government of Canada.
• Appearing on a list of national or international sanctions (e.g., SEMA, OFAC, or UN Security Council consolidated lists).
• Acting on behalf of an identified regime or terrorist organization.

The User represents and warrants that they are not targeted by such measures. Any violation of this clause will result in immediate reporting to the competent authorities and a permanent freeze of the account.

2.3. MODIFICATIONS TO THE GENERAL TERMS

2.3.1. Right to Modify

ImmiTalents operates in a dynamic regulatory and technological environment. Consequently, the Company reserves the right to modify, add, or delete sections of the T&Cs at any time. These modifications generally aim to reflect legislative changes (e.g., Law 25 updates), security improvements, or the addition of new features to the Platform.

2.3.2. Notification Procedure and Notice

For any substantial modification affecting the User’s rights or obligations, ImmiTalents undertakes to provide reasonable notice, generally thirty (30) calendar days before entry into force. Notification will be carried out through one of the following means:

• An alert banner on the Platform’s home page.
• An email sent to the address associated with the User’s Account.
• A pop-up window during the first login following the modification.

For minor or purely administrative modifications (corrections of typos, clarification of definitions), changes take effect immediately upon publication on the site.

2.3.3. Right of Refusal and Termination

If the User does not accept the proposed modifications, they have the right to terminate their contract and request the closure of their account before the effective date of the new conditions. Continued use of the Services after this date constitutes irrevocable acceptance of the modifications.

2.3.4. Archiving and Transparency

ImmiTalents maintains an archiving system for previous versions of the T&Cs. The User may request access to a specific version by contacting the legal department. The “Last Updated” date is systematically displayed at the top of the document.

2.4. SPECIFIC PROVISIONS: COMPANIES AND REPRESENTATION

2.4.1. Responsibility of Corporate Account Administrators

When an Account is created on behalf of an organization (Employer or Expert Account), a “Primary Administrator” is designated. This individual is responsible for:

• Verifying the identity of other members of their organization who have access to the account.
• The confidentiality of shared access within the entity.
• Any damage caused by an employee or collaborator of the organization via the Platform.

2.4.2. Mandate and Representation

Any action performed by a User via a Corporate Account is deemed to have been made with the authorization of said company. The organization may not invoke a lack of internal power to evade its contractual obligations toward ImmiTalents or other Users.

2.4.3. Supervision of Minors

Although the Platform is intended for adults, ImmiTalents recognizes that specific immigration situations may involve minors (family reunification, etc.).

• The Account must be managed by the legal representative (parent or guardian).
• The legal representative assumes full financial and legal responsibility for any action taken by or on behalf of the minor.
• Any direct communication from the Platform will be directed primarily to the registered guardian.

SECTION 3: REGISTRATION AND ACCOUNT SECURITY

3.1. REGISTRATION PROCESS AND IDENTITY VERIFICATION

3.1.1. Account Creation Steps

Standard registration remains free of charge for Candidates and Authorized Professionals. Employers may register for free but must choose an active, paid Subscription Tier to publish listings, access the Candidate talent database, or initiate candidate communications.

3.1.2. Specific Protocols for Employers

Employers are subject to identity verification (KYB – Know Your Business) to guarantee the legitimacy of job offers and sponsorship opportunities. Although the service is currently provided free of charge to Employers globally, the Employer must provide all required corporate information to validate its account.

3.1.3. Specific Protocols for Experts

While registration is free, Experts are subject to a rigorous verification of their professional accreditations (e.g., Bar Association, CICC) and must provide proof of valid professional liability insurance in their respective jurisdictions. No fees are collected for receiving standard case referrals. This may be subject to changes with prior notification (30 days).

3.2. SECURITY AND USER OBLIGATIONS

3.2.1. Credential Integrity

The User is the sole guardian of the confidentiality of their login credentials. The User undertakes to:

• Choose a complex password (mixing uppercase, lowercase, numbers, and special characters) of at least twelve (12) characters.
• Never share their password with third parties, including ImmiTalents staff members (who will never ask for it).
• Use a secure password manager.

3.2.2. Multi-Factor Authentication (MFA/2FA)

ImmiTalents offers and strongly encourages the use of multi-factor authentication. For “Candidates” and “Employer” accounts, ImmiTalents may make MFA mandatory to access sensitive personal data of Candidates. The User acknowledges that failure to activate MFA increases the risk of account compromise and limits the Company’s liability in the event of unauthorized access.

3.2.3. Notification in Case of Security Breach

The User must immediately inform ImmiTalents at info@immitalents.com if they suspect:

• Unauthorized use of their account.
• Loss, theft, or disclosure of their password.
• Any other security breach related to their access. Upon notification, ImmiTalents may temporarily suspend the account to protect data. Failure to report a breach promptly may be considered negligence on the part of the User.

3.2.4. Recovery Procedure

In the event of lost access, the User must follow the automated recovery procedure. For highly secure accounts (Employers), an additional manual identity verification may be required before resetting access, which may result in a processing time of forty-eight (48) to seventy-two (72) hours.

3.3. POLICY ON MULTIPLE ACCOUNTS AND UNIQUENESS

3.3.1. Principle of Uniqueness

Unless prior written authorization is granted by ImmiTalents, each natural or legal person may hold only one (1) active account on the Platform. Using multiple accounts to bypass service limits, avoid suspensions, or manipulate the referral system is strictly prohibited.

3.3.2. Detection and Sanctions

ImmiTalents uses fraud detection technologies and behavioral analysis (including IP address, cookies, identity documents, or input patterns) to identify multiple accounts linked to the same user. In case of unauthorized multiple accounts:

• The Company may merge the accounts without prior notice.
• The Company may suspend or close all linked accounts without compensation.
• All transactions or referrals initiated via these accounts may be cancelled.

3.4. CLOSURE, TERMINATION, AND DATA RECOVERY

3.4.1. Voluntary Closure by the User

The User may request the closure of their account at any time via their profile settings or by sending a written request to info@immitalents.com. Effective closure occurs within thirty (30) days following the request, provided that no transaction or referral procedure is currently active.

3.4.2. Termination by ImmiTalents (Involuntary Closure)

ImmiTalents may terminate an account immediately and without prior formal notice in cases of:

• Serious breach of the T&Cs (fraud, harassment, circumvention of the Referral Tool).
• Prolonged inactivity (exceeding twenty-four months).
• Request from a competent judicial or governmental authority.
• Imminent risk to the security of the Platform or other Users.

3.4.3. Consequences of Closure

Upon account closure:

• Access: The User immediately loses all access to their documents, message history, and RefIDs.
• Visibility: The User’s profile is removed from search results and is no longer visible to Employers or Experts.
• Public Data: Certain content published by the User (such as reviews or comments) may remain visible but will be anonymized.

3.4.4. Data Retention and Recovery

• Right to Portability: Before final closure, the User may request the export of their personal data in a structured format (e.g., JSON or CSV). This request must be made before initiating the account deletion.
• Retention Periods: In accordance with Quebec’s Law 25 and tax obligations, ImmiTalents retains certain data (billing, security logs, referral contracts) for a minimum period of six (6) years after closure, even if the active profile is deleted.
• Permanent Deletion: Once legal retention periods have expired, data is permanently deleted from production servers and security archives after a backup rotation cycle.

SECTION 4: SERVICES AND FEATURES

4.1. SERVICES AND FEATURES FOR CANDIDATES (TALENTS)

ImmiTalents provides Candidates with a comprehensive digital ecosystem designed to centralize and secure their job search and immigration procedures.

4.1.1. Creation and Management of the Mobility Profile

Each Candidate has access to a structured profile creation tool, designed to go beyond the limits of a traditional curriculum vitae.

• Profiling Data: The Candidate can provide information regarding their diplomas, professional experiences, language skills (including uploading official test results), and geographic preferences.
• Updates and Accuracy: The Candidate undertakes to keep their information up to date. An incomplete or obsolete profile may limit the effectiveness of matching algorithms.

4.1.2. Job Search and Applications

The Platform provides a search engine specialized in positions open to international recruitment and sponsorship.

• One-Click Application: The User can submit their pre-filled profile directly to Employers.
• Application Tracking: A dashboard allows for real-time visualization of the application status (received, under review, interview, refused, accepted).
• Personalized Alerts: The system sends notifications based on User preferences to ensure no relevant opportunities are missed.

4.1.3. Immigration Assistance Tool (The Referral Process)

This is ImmiTalents’ proprietary matching service, enabling Users to find a legal Expert.

• Step 1: Initial Diagnosis (Intake): The Candidate completes a questionnaire detailing their needs (work permit, permanent residence, litigation, etc.).
• Step 2: RefID Generation: To protect confidentiality, each request receives a unique code (e.g., #IT-2026-X).
• Step 3: Analysis and Matching: ImmiTalents technology analyzes the data to identify the professional best suited to handle the case.
• Step 4: Expert Search Loop: The system sequentially contacts identified experts. The Candidate is informed of the progress (search in progress, expert found, or search exhausted).
• Step 5: Final Connection: Once an expert accepts, contact details are exchanged to allow for the signing of a professional mandate.

4.1.3. Immigration Assistance Tool (The Referral Process) – Costs

• Free Referral: The use of the Referral Tool (Intake, RefID, and Search Loop) is entirely free for the Candidate. ImmiTalents receives no fees from the candidate for connecting them with an Expert.
• Expert Fees: The Candidate understands that if a professional relationship is established with the Expert (Lawyer or Regulated Consultant), the legal fees charged by that Expert for their professional services remain the responsibility of the Candidate (or the Employer, according to their private agreement). ImmiTalents does not intervene in this billing.

4.1.4. Matching and Suggestion Algorithms

In order to optimize the User experience, ImmiTalents uses proprietary data processing algorithms.

• Expert Suggestion: The choice of expert is based on their legal specialization, immediate capacity, location, and anonymized feedback from previous users.
• Technical Transparency: While the calculation parameters are protected trade secrets, ImmiTalents guarantees that suggestion criteria are impartial and based exclusively on data provided by Users.

4.1.5. Usage Scenarios and Concrete Examples

• Professional Mobility Scenario: A software engineer residing in France uses the platform to find a position in Montreal with sponsorship. They fill out their profile, receive a notification for a matching offer, apply, and simultaneously use the referral tool to find a lawyer to prepare their closed work permit.
• Individual Immigration Scenario: A family wishes to settle in Canada via the Express Entry program. They use ImmiTalents solely to be connected with a Regulated Consultant to validate their eligibility before submitting their official file.

4.1.7. The Immigration Pathway Tracker (Milestone Assistant)

ImmiTalents provides Candidates with a self-service roadmap tool designed to assist in navigating the complexities of international mobility.

• Informational Purpose: The Tracker is a strictly documentary and logistical tool. It provides automated milestone summaries and informational emails to help the User organize their transition.
• Safety and Fraud Awareness: The tool includes proactive alerts during high-risk phases of the recruitment cycle (e.g., job offer acquisition) to inform the User of common fraud “red flags” and prohibited recruitment fees.
• Redirection Support (Government Rejection): In the event of a formal refusal by government authorities, the Tracker offers a “Strategic Re-evaluation” feature, facilitating a connection with the Expert network to analyze administrative gaps or redirect the User toward alternative global programs.
• Legal Context and Non-Advocacy: The use of the Tracker does not constitute legal advice or the opening of an immigration file. Logistical information provided by the Milestone Assistant is based on general public data and does not replace the professional judgment of an Authorized Professional.

4.2. SERVICES AND FEATURES FOR EMPLOYERS

Employers use ImmiTalents to access a pool of verified global talent and to simplify the administrative component of international recruitment.

4.2.1. Job Posting and Talent Acquisition

• Drafting Rules: Every posted offer must be truthful, non-discriminatory, and compliant with labor standards laws.
• Prohibition of Application Fees: The Employer formally undertakes never to charge fees to Candidates for processing their application or for a job promise via the Platform. Any violation will result in immediate banning.
• Offer Verification: ImmiTalents reserves the right to moderate, suspend, or delete any offer deemed suspicious or failing to meet the Company’s quality standards.

4.2.2. Application Management and Analysis

The Employer has a simplified Applicant Tracking System (ATS) integrated into the Platform.

• Integrated Communication: Secure messaging allows for contacting candidates without disclosing private contact information before the interview stage.

4.2.3. Legal Obligations and Compliance

The Employer acknowledges that using the Platform does not release them from their national legal obligations.

• Labor Compliance: The Employer must respect minimum wages, working conditions, and mandatory insurance in the country where the work will be performed.
• Immigration: The Employer is responsible for the accuracy of information provided during Labour Market Impact Assessment (LMIA) applications or other visa exemptions.

4.3. SERVICES FOR LAWYERS AND AUTHORIZED PROFESSIONALS

This section governs the participation of qualified immigration experts (“Authorized Professionals”) in the ImmiTalents referral network. Authorized Professionals benefit from free access to the flow of connection requests. ImmiTalents does not take any percentage or commission on the Authorized Professional’s fees.

Any agreement regarding fees, consultations, or ongoing file processing remains strictly private and is managed directly between the User and the Authorized Professional.

4.3.1. Referral Process and Response Obligations

Authorized Professionals are selected to join the network based on criteria of competence, reputation, and the validity of their accreditations in their respective jurisdictions.

• Receiving Requests: The Authorized Professional receives notifications for new cases identified by their RefID. They only see anonymized (Level 1) data to validate their capacity to act.

• Duty of Diligence: The Authorized Professional undertakes to respond to a referral request (acceptance or refusal) within 24 to 48 hours.

• Initial Contact Deadline: Once the case is accepted and contact details shared with both the User and the Authorized Professional (Level 2), the Authorized Professional has an obligation to contact the User within a maximum of ten (10) business days.

• Status and Insurance: The Authorized Professional must immediately report to ImmiTalents any suspension of their right to practice or any expiration of their professional liability insurance.

4.3.2. Content Contribution and Visibility

Experts can contribute to the ImmiTalents ecosystem via the publication of blog articles, practical guides, or newsletters.

• Copyright: By publishing content on the Platform, the Expert grants ImmiTalents a worldwide, non-exclusive, and free license to distribute, reproduce, and promote this content.
• Editorial Responsibility: The Expert remains solely responsible for the accuracy of the legal information provided. These publications do not constitute final legal advice.
• Moderation: ImmiTalents reserves the right to remove any content deemed promotional, inaccurate, or inappropriate.
• Promotion of Network Membership: By joining the ImmiTalents Expert Network, the Expert expressly authorizes ImmiTalents to feature firm name, and logo picture on the Platform’s website and in other media (newsletters, social media, marketing brochures) as a member of the network.

4.3.3. Statistics, Reporting, and Service Improvement

ImmiTalents provides Experts with periodic reports on their referral activity.

• Anonymized Data: Reports include statistics on conversion rates, reasons for refusal, and processing times, all in an anonymized manner.
• Regulatory Data Reporting: ImmiTalents Inc. is a licensed recruitment agency regulated by the CNESST (Permit No. AR-2504666). To comply with regulatory transparency and to report its success rate as an intermediary, ImmiTalents requires Experts to share anonymized referal case completion data.
• Use for Improvement: This data is used by ImmiTalents to refine its matching algorithms and ensure that the best-performing Experts receive the most relevant cases.

4.4. GENERAL PROVISIONS ON SERVICES

4.4.1. Availability and Maintenance

ImmiTalents strives to keep the Platform accessible 24/7. However, access may be suspended for maintenance, updates, or in cases of force majeure. No compensation will be due for temporary unavailability of the Services.

4.4.2. Evolution of Services

The Company reserves the right to add, modify, or delete features of the Platform without notice, in order to adapt to developments in the immigration market and the needs of its Users.

4.4.3. Third-Party Liability

ImmiTalents is not responsible for services provided by integrated third parties (e.g., Stripe for payments, external video conferencing tools). The User is subject to the general terms and conditions of these third-party providers during their use.

SECTION 5: REFERRAL AND RANKING POLICY

5.1. TRANSPARENCY AND RANKING CRITERIA

ImmiTalents is committed to providing an impartial connection service based on objective relevance. This section details the operation of our ranking algorithms for job offers and authorized professionals.

5.1.1. Ranking of Job Offers

When a Candidate performs a search or views suggestions, the ranking of offers is determined by a “Matching Score.” The primary criteria included in this automated calculation are:

• Skill Alignment: Direct matching between keywords in the candidate’s profile and the technical requirements of the offer.
• Language Requirements: Priority given to offers whose language needs match the language tests provided by the candidate.
• Location and Mobility: Proximity between the workplace and the geographic preferences expressed by the candidate.
• Visa Criteria: Offers proposing explicit sponsorship are highlighted for foreign candidates.

5.1.2. Ranking and Selection of Experts (Referral Tool)

The selection process for authorized professionals within the “Search Loop” is based on a neutrality algorithm that prioritizes the success of the connection. Criteria include:

• Legal Specialization: The alignment between the type of request (e.g., closed work permit) and the professional’s declared expertise.
• Immediate Availability: Experts who have responded quickly to previous requests are favored to avoid wait times for the User.
• Service Quality: Positive evaluations from previous Users and compliance with contact deadlines (SLAs).
• Equitable Distribution: To ensure the vitality of the network, the algorithm ensures a balanced distribution of cases among the network’s qualified experts.

5.1.3. Influence of Partnerships and Remuneration

• Neutrality for the User: The fact that the service is free for the Candidate guarantees total neutrality in suggestions. Experts cannot pay to “buy” a specific Candidate; matching is purely algorithmic and based on competence. The service remains free for Experts.
• No Brokerage Fees for the Candidate: ImmiTalents reaffirms that no amount is deducted from the sums paid to the expert or requested in addition from the candidate for the referral.
• Professional Independence: Any remuneration paid to ImmiTalents for its technological services in no way affects the expert’s independence of judgment toward their client.
• Pricing Evolution: If ImmiTalents introduces highlighting fees or paid subscriptions for Employers or Experts, this content will be clearly identified as “Sponsored” in accordance with Section 5.3.

5.2. RATING TOOL AND EVALUATIONS

ImmiTalents provides Users with a rating system to ensure the quality and security of the ecosystem.

5.2.1. Operation of the Evaluation System

Only Users who have completed a connection via the Platform (confirmed match) can submit a review. Evaluations cover:

• Responsiveness: Compliance with response deadlines.
• Professionalism: The quality of initial exchanges.
• Transparency: Clarity of information provided regarding fees or process steps.

5.2.2. Moderation and Integrity of Reviews

To combat fake reviews and unfair practices, ImmiTalents applies a strict moderation policy:

• Mandatory Verification: Each review is linked to a unique RefID, proving that the exchange took place.
• Right of Reply: The expert or employer has a public right of reply for each negative review, allowing for transparent dialogue.
• Content Removal: ImmiTalents will remove, without notice, any review containing defamatory, insulting, hateful language or disclosing personally identifiable information.
• Reporting: Any User can report a suspicious review. An internal investigation will be conducted and may lead to the banning of the author if the review is found to be fraudulent.

5.2.3. Calculation of the Overall Rating

The displayed rating is a weighted average. The most recent reviews (less than 12 months) have a higher weight to reflect the current quality of service of the professional or employer.

5.3. ADVERTISING AND PROMOTION

ImmiTalents may offer paid highlighting options, but these are strictly regulated to avoid misleading the User.

5.3.1. Rules for Paid Highlighting

Employers or Experts may subscribe to increased visibility options:

• “Featured” Offers: These offers appear at the top of search results for Candidates.
• “Priority” Profiles: Allows an expert to be highlighted in the platform’s general suggestions (excluding the direct referral tool).

5.3.2. Clear Mention of Sponsored Content

Any feature resulting from an advertising payment will be accompanied by a clear and unambiguous visual mention such as:

• “Sponsored”
• “Ad”
• “ImmiTalents Partner” This mention must be legible on all platforms (web and mobile).

5.3.3. Ethical Safeguards

Payment for highlighting does not exempt the User from their compliance obligations. For example:

• A sponsored job offer will still be removed if it is deemed fraudulent.
• A sponsored expert will lose visibility if they do not maintain their professional accreditations in good standing.
• Advertising in no way guarantees immigration or hiring success.

SECTION 6: INTELLECTUAL PROPERTY AND USAGE RIGHTS

This section defines the intellectual property rights relating to the Platform, the content published by ImmiTalents, and the content provided by Users. ImmiTalents Inc. places paramount importance on the protection of its digital assets and respect for the copyrights of its community.

6.1. OWNERSHIP OF IMMITALENTS CONTENT AND ASSETS

6.1.1. Exclusive Ownership Rights

The Platform as a whole, as well as each of its elements taken individually, including but not limited to:

• The source code, scripts, software, graphic interfaces (UI/UX), icons, texts, images, photographs, logos, and trademarks (notably “ImmiTalents” and its associated logos);
• Proprietary algorithms, particularly those governing the “Matching Score” and the “Expert Search Loop”;
• Databases, data structures, and technical know-how; are the exclusive property of ImmiTalents Inc. or its third-party licensors, and are protected by Canadian and international laws on copyright, trademarks, and trade secrets.

6.1.2. Protection of Trade Secrets

The User expressly acknowledges that the logical and algorithmic methods used to connect Candidates with Experts constitute a valuable trade secret for the Company. Any attempt at reverse engineering, decompilation, disassembly, or massive data extraction (scraping) is strictly prohibited and will be subject to immediate legal action.

6.1.3. Usage License Limitation

ImmiTalents grants the User a limited, non-exclusive, non-transferable, revocable, and worldwide license to access and use the Platform solely for their personal or internal professional needs, in accordance with these T&Cs. This license does not confer any ownership rights over the Platform.

6.2. USER-PROVIDED CONTENT AND LICENSES

6.2.1. Ownership of User Data

The User remains the owner of all content they upload to the Platform, such as:

• Candidates: Resumes (CVs), certificates, letters of recommendation, and profile information.
• Employers: Job offer descriptions, company logos, and presentation documents.
• Experts: Blog articles, legal guides, and professional notices.

6.2.2. Grant of License to ImmiTalents

By publishing content on the Platform, the User grants ImmiTalents a worldwide, non-exclusive, royalty-free, transferable, and sub-licensable license to:

• Host, store, and reproduce said content on its servers.
• Display and distribute the content to other target Users (e.g., sharing a CV with an Employer, or a job offer with a Candidate).
• Adapt and translate the content (e.g., automatic translation of a job offer for an international user).
• Index and process the content via our algorithms to ensure matching and referral services.

This license ends when the User deletes their content or their account, subject to technical backup update delays and legal retention obligations.

6.2.3. Warranty of Originality

The User warrants that they hold all necessary rights to the content they publish and that this content does not violate any third-party rights (copyright, image rights, confidentiality). The User agrees to indemnify ImmiTalents against any third-party claims in this regard.

6.3. SPECIFIC RIGHTS: CVs AND JOB OFFERS

6.3.1. Candidates’ Rights over their CVs

ImmiTalents recognizes that the CV is a sensitive personal document. Although the Candidate grants a license for the processing of their case, ImmiTalents refrains from selling its candidates’ CVs to third-party databases without explicit consent. The use of the CV is limited to the purpose of connecting within the ImmiTalents ecosystem.

6.3.2. Employers’ Rights over their Offers

Employers retain the copyright to their job descriptions. However, they authorize ImmiTalents to use these descriptions for marketing campaigns, social media posts, or partner job aggregators to increase the position’s visibility, unless otherwise instructed in writing by the Employer.

6.4. USE OF AGGREGATED AND ANALYTICAL DATA

6.4.1. Anonymization and Ownership of Derived Data

ImmiTalents collects and generates statistical and analytical data based on User activity (e.g., average salaries by sector, visa success rates, mobility trends). Once this data is anonymized (meaning it no longer allows for the identification of an individual), it becomes the exclusive property of ImmiTalents.

6.4.2. Purposes of Aggregated Data

ImmiTalents reserves the right to use this aggregated data to:

• Conduct and publish market studies on immigration and international recruitment.
• Improve the performance of its matching algorithms.
• Develop new services or technological tools.
• Share trend reports with institutional or corporate partners.

6.5. FEEDBACK, SUGGESTIONS, AND INNOVATIONS

6.5.1. Assignment of Rights over Feedback

If the User submits comments, ideas, or suggestions for improvement regarding the Platform (“Feedback”), they acknowledge that such Feedback is provided on a non-confidential and royalty-free basis.

6.5.2. Appropriation of Innovations

By transmitting Feedback, the User irrevocably assigns to ImmiTalents all their rights, titles, and interests (including copyrights and patent rights) over said ideas. ImmiTalents will be free to implement these suggestions without any obligation of compensation, recognition, or royalties toward the User. This clause aims to allow the Company to continuously innovate without risk of disputes regarding the authorship of features.

6.6. PROTECTION AGAINST IP VIOLATIONS

6.6.1. Violation Notification (DMCA / Canadian Law)

If a User believes that content on the Platform infringes their intellectual property rights, they must send a detailed notification to legal@immitalents.com including:

• A description of the protected work.
• The location of the disputed content on the Platform.
• Their full contact information.
• A good faith affidavit.

6.6.2. Sanction Measures

ImmiTalents will act diligently to remove any manifestly illicit content. Repeat offenders regarding intellectual property violations will have their accounts permanently banned without notice.

SECTION 7: PROTECTION OF PERSONAL INFORMATION AND PRIVACY

This section, drafted in compliance with the Act respecting the protection of personal information in the private sector (Quebec – Law 25), the Personal Information Protection and Electronic Documents Act (Canada – PIPEDA), and the General Data Protection Regulation (European Economic Area – GDPR), details how ImmiTalents collects, uses, and protects your information.

7.1. COLLECTION AND NATURE OF PROCESSED DATA

7.1.1. Identification and Contact Data

ImmiTalents collects the information necessary to create your Account: full name, email address, phone number, date of birth, nationality, and country of residence.

7.1.2. Profiling Data and “Mobility Passport”

To ensure matching services, we collect sensitive data related to your background:

• Professional: Resumes (CVs), employment history, certificates, diplomas, and project portfolios.
• Immigration: Visa history, language test results (TEF, IELTS), Educational Credential Assessments (ECA), and geographic mobility intentions.

7.1.3. Verification and Biometric Data (KYC)

In the context of identity verification for Experts and Employers via our third-party partners (e.g., Stripe Identity), biometric data (facial recognition based on an ID photo) may be processed. ImmiTalents does not directly store these biometric templates; they are managed by the specialized subcontractor in accordance with banking security standards.

7.1.4. Browsing Data and Search History

We collect data on your interaction with the Platform: IP addresses, connection logs, history of viewed offers, referral attempts via the RefID, and interactions with the Search Loop.

7.2. PURPOSES OF PROCESSING

The collected data is processed for the following explicit purposes:

• Execution of the Service: To ensure matching between Candidates and Employers and to operate the Referral Tool for Experts.
• Proprietary Logic: To power the “Expert Search Loop” to sequentially identify available professionals.
• Continuous Improvement: To analyze anonymized data to optimize Platform ergonomics and the relevance of algorithms.
• Marketing and Communications: To send job alerts, legal newsletters (for Experts), or promotional offers (with an opt-out option).
• Legal Compliance: To meet identity verification obligations, fraud prevention, and international sanctions compliance.

7.3. SHARING AND DISCLOSURE OF DATA

7.3.1. Staggered Disclosure to Experts

To protect Candidate privacy, ImmiTalents applies a strict sharing protocol:

• Level 1 (Anonymized): The Expert only receives a summary of the case (skills, country of origin, type of request) to perform a conflict of interest check.
• Level 2 (Identified): Personal identifiable information is shared only after the Expert’s formal acceptance in the system.

7.3.2. Sharing with Employers

The Employer accesses Candidate profile data only when the Candidate actively applies for an offer or when they agree to be made visible in the talent database.

7.3.3. Disclosure to Authorities

ImmiTalents may be legally required to disclose your personal information in response to a court order, a legitimate government request, or to protect its legal rights.

7.4. USER RIGHTS AND PROCEDURES

In accordance with Law 25 and the GDPR, you have the following rights:

• Right of Access and Rectification: You can consult and update your data at any time via your Account space.
• Right to Erasure (Right to be Forgotten): You may request the deletion of your account. Certain data will be archived to meet our tax or legal obligations before final deletion.
• Right to Portability: You may request a copy of your data in a structured electronic format.
• Right to Object and Withdraw Consent: You may withdraw your consent for marketing processing at any time.
• Transparency on Automated Decisions: Under Law 25, you have the right to know if a decision producing legal effects was made exclusively by an algorithm. ImmiTalents always maintains the possibility of human supervision for its matching processes.

To exercise these rights, please contact our Privacy Officer at: privacy@immitalents.com.

7.5. SECURITY AND DATA RETENTION

7.5.1. Security Measures

We use encryption protocols (SSL/TLS), robust firewalls, and strict access controls. Data is hosted on secure servers (e.g., AWS) located primarily in Canada or the United States, with redundancy measures.

7.5.2. Retention Period

Active data is retained as long as the account is open. In the event of closure, we retain transactional and contractual data for a period of seven (7) years to satisfy tax requirements and the professional liability obligations of Experts.

7.5.3. Subcontractors (Third Parties)

ImmiTalents collaborates with rigorously selected technological partners. We ensure by contract that these third parties offer a level of protection equivalent to ours.

7.6. INTERNATIONAL COMPLIANCE AND TRANSFERS

7.6.1. Designation of a DPO

ImmiTalents has designated a Data Protection Officer (DPO) responsible for overseeing internal compliance and acting as a point of contact for regulatory authorities (CAI in Quebec, CNIL in France, etc.).

7.6.2. Cross-Border Transfers

If your data is transferred outside of your jurisdiction of residence (notably outside the European Union), ImmiTalents ensures that the receiving country offers an adequate level of protection or uses protection mechanisms such as the Standard Contractual Clauses (SCC) approved by the European Commission.

7.6.3. Processing Register

The Company maintains an internal register of all data processing activities, including data types, purposes, retention periods, and applied security measures.

SECTION 8: RESPONSIBILITIES AND LIMITATIONS OF WARRANTY

This section defines the limits of ImmiTalents Inc.’s legal commitment toward its Users. Due to the technological nature of the Platform as a matching intermediary, it is imperative that Users understand the scope and restrictions of our liability.

8.1. NATURE OF THE SERVICE AND ROLE AS A FACILITATOR

8.1.1. Technological Intermediation Only

ImmiTalents acts exclusively as the publisher of a SaaS (Software as a Service) platform facilitating referrals and recruitment. The Company does not intervene in, control, or guarantee the quality, legality, or relevance of the final services performed by Experts or the employment contracts concluded with Employers.

8.1.1.1. Free Technological Intermediation

Due to the free nature of the service for all Users (Candidates, Experts, and Employers), ImmiTalents provides the Platform “as is.” The absence of financial consideration for the use of the tools justifies an extensive limitation of the Company’s liability for any damage resulting from the technical use of the Platform or a service interruption.

8.1.2. Exclusion of Legal Advice

ImmiTalents is not a law firm and does not provide any legal advice. The information, guides, articles, or eligibility simulators available on the Platform are provided for purely informational and documentary purposes. They in no way replace the personalized advice of an Authorized Professional.

8.1.3. Absence of Principal-Agent Relationship

The use of the Referral Tool does not create any lawyer-client or consultant-client relationship between ImmiTalents and the User. Such a relationship is only established by the signing of a separate mandate between the User and the Expert selected via the Platform.

8.2. ABSENCE OF GUARANTEE OF RESULT

8.2.1. Success of Immigration Applications

ImmiTalents cannot guarantee the success of any visa, work permit, or permanent residence application. Immigration decisions fall exclusively within the discretionary competence of government authorities (IRCC in Canada, MIFI in Quebec, etc.). Connecting with an Expert in no way ensures preferential treatment or a positive result.

8.2.2. Validity of Job Offers

Although we moderate job offers, ImmiTalents does not guarantee the actual existence of positions, the solvency of Employers, or the maintenance of a job promise. The recruitment process remains the full responsibility of the Employer and the Candidate.

8.2.3. Availability of Experts

ImmiTalents strives to maintain a network of active Experts but does not guarantee that an expert will be available or will accept a specific case via the “Search Loop.” If no expert is found, ImmiTalents’ responsibility is limited to informing the User.

8.3. USER RESPONSIBILITIES

8.3.1. Verification of Information

It is the responsibility of each User to verify the accuracy of information transmitted by third parties via the Platform. Candidates must validate the legitimacy of companies, and Experts must conduct their own conflict of interest and identity checks in accordance with their ethical obligations.

8.3.2. Compliance with Local Laws

The User undertakes to use the Platform in compliance with the laws of their jurisdiction and those of Canada. This includes compliance with labor, immigration, privacy, and criminal laws.

8.3.3. Interactions Between Users

The User is solely responsible for their interactions, communications, and transactions with other members. ImmiTalents disclaims all liability in the event of dispute, fraud, harassment, or harmful behavior occurring between Users, whether on or off the Platform.

8.4. LIMITATION OF FINANCIAL LIABILITY

8.4.1. Exclusion of Indirect Damages

To the fullest extent permitted by applicable law, ImmiTalents shall not be liable to the User or any third party for any indirect, incidental, special, consequential, or punitive damages. This includes, but is not limited to, loss of profits, loss of revenue, loss of business or immigration opportunities, loss of data, or replacement costs of services.

8.4.2. Liability Cap (100 CAD)

Unless otherwise provided by public policy, the overall and cumulative liability of ImmiTalents Inc. arising out of or related to the use of the Platform, for any cause whatsoever and regardless of the form of action, is strictly limited to the amount of one hundred Canadian dollars (100 CAD) or the total amount of fees paid by the User to ImmiTalents during the six (6) months preceding the event giving rise to liability, whichever is lower.

8.4.3. Application of the Limitation

This limitation applies whether the liability is contractual, extra-contractual (including negligence), or based on any other legal theory, even if ImmiTalents has been advised of the possibility of such damages.

8.5. INDEMNIFICATION

The User agrees to defend, indemnify, and hold harmless ImmiTalents Inc., its directors, employees, agents, and partners, from and against any claim, action, demand, liability, or expense (including reasonable attorney’s fees) resulting from:

• Their violation of these T&Cs.
• Their use of the Platform.
• Their violation of any third-party right or any applicable law.
• Any content they have published or shared on the Platform.

8.6. INSURANCE OBLIGATIONS FOR EXPERTS

8.6.1. Professional Liability Insurance

Any Authorized Professional (including but not limited to lawyers, notaries, or regulated immigration consultants) using the Platform warrants that they are covered by a valid professional liability insurance policy compliant with the requirements of their respective professional regulatory body (e.g., their local Bar Association, national licensing council, or equivalent authority).

8.6.2. Proof of Coverage

The Authorized Professional undertakes to provide proof of such coverage upon simple request from ImmiTalents. Failure to maintain such insurance results in the immediate suspension of the Authorized Professional’s account and may lead to notification to their respective professional regulatory authorities.

8.6.3. Expert’s Responsibility

The Authorized Professional acknowledges that ImmiTalents is not responsible for professional faults, errors, or omissions committed by said professional in the context of their mandate with a User. Any claim of this nature must be addressed directly to the Authorized Professional’s insurer.

SECTION 9: RULES OF CONDUCT AND SANCTIONS

In order to guarantee a safe, professional, and ethical environment, ImmiTalents imposes strict rules of conduct on all its Users. Compliance with these rules is an essential condition for maintaining the right of access to the Platform.

9.1. PROHIBITED BEHAVIORS AND USES

9.1.1. Illicit and Harmful Content

It is strictly prohibited to publish, transmit, or distribute via the Platform any content that:

• Contvenes the laws and regulations in force in Quebec, Canada, or the User’s country of residence.
• Is hateful, racist, sexist, homophobic, discriminatory, or inciting violence.
• Is defamatory, slanderous, obscene, pornographic, or undermines human dignity.
• Violates the intellectual property rights of third parties (counterfeiting of documents, logos, or texts).

9.1.2. Fraud and Deception

The User undertakes not to:

• Provide false, misleading, or deceptive information in their profile, CV, or job offers (e.g., fake degrees, fake identity, or fake corporate status).
• Use the Platform to conduct financial fraud, money laundering, or extortion activities.
• Create false evaluations or manipulate the rating system to harm a competitor or artificially favor a profile.

9.1.3. Spam and Unsolicited Solicitation

Any use of the Platform for the following is strictly prohibited:

• Sending unsolicited advertising messages (Spam), chain letters, or commercial solicitations that have no direct link to immigration or international recruitment.
• Collecting the contact details of other Users without their consent for external marketing purposes.

9.1.4. Technical Integrity and Security

The User refrains from:

• Attempting to gain unauthorized access to ImmiTalents’ servers or databases.
• Using robots (bots), data scrapers, or any other automated tool to massively extract information from the Platform.
• Distributing viruses, malware, or any computer code intended to disrupt or damage the operation of the Services.

9.2. REPORTING AND MODERATION

9.2.1. Reporting Mechanism

Any User witnessing inappropriate behavior or illicit content on the Platform has the moral obligation and the contractual right to report it immediately to the moderation team via the “Report” button or by writing to abuse@immitalents.com.

9.2.2. Company Moderation Powers

ImmiTalents acts as a host and has discretionary moderation power. The Company reserves the right to:

• Delete or modify without notice any content that it deems, in its sole discretion, violates these T&Cs.
• Monitor exchanges via internal messaging to ensure security and prevent fraud, while respecting privacy.
• Request clarifications or additional evidence from a User following a report.

9.2.3. Protection against Abusive Reporting

The abusive use of the reporting system (e.g., repeated malicious reports against a competitor without grounds) is itself considered a violation of the T&Cs and may result in sanctions against its author.

9.3. GRADUATED SANCTIONS SYSTEM

In the event of a breach of the rules of conduct, ImmiTalents may apply the following sanctions, depending on the gravity and recurrence of the offense:

9.3.1. Formal Warning

For minor or involuntary offenses, the Company sends a written warning by email, specifying the breach and requiring immediate correction.

9.3.2. Temporary Suspension

The User’s Account may be suspended for a specific period (e.g., 7, 15, or 30 days). During this period, the User can no longer apply for jobs, publish offers, or receive referrals.

9.3.3. Final Deletion and Banning

In the event of a serious offense (proven fraud, harassment, violation of the law), the Account is permanently deleted. The User is banned from the Platform, and any attempt to create a new account will be blocked. Since services are currently free, no refund is applicable; however, should paid options be introduced in the future (for Employers), no refund of fees incurred (subscriptions, visibility options) will be made in the event of a ban for cause.

9.3.4. Reporting to Authorities and Professional Orders

If the behavior constitutes a criminal offense or a serious ethical breach:

• ImmiTalents will cooperate with police services (e.g., SPVM, RCMP) and provide connection logs and necessary evidence.
• If the offense concerns an Expert, ImmiTalents will report the behavior to their professional order (Bar Association, CICC) for a disciplinary investigation.

9.4. CONSEQUENCES OF BANNING

The banning of a User results in:

• The immediate loss of all access rights to the services.
• The cancellation of ongoing referrals without compensation for the banned Expert.
• The removal of public visibility of the profile or offers.
• The maintenance in archives of data necessary for possible legal evidence purposes.

SECTION 10: TERMINATION AND SUSPENSION

This section governs the conditions under which the contractual relationship between the User and ImmiTalents Inc. may end, as well as the legal and technical consequences of such termination.

10.1. TERMINATION AT THE USER’S INITIATIVE

10.1.1. Account Closure Procedure

The User has the right to terminate their contract with ImmiTalents at any time and without a specific reason. The procedure can be carried out in two ways:

• Via the Interface: By using the “Delete my account” function located in the profile’s security settings.
• By Written Request: By sending an email to support@immitalents.com from the email address associated with the account.

10.1.2. Immediate Effects on Services

Once the termination request is processed (usually within forty-eight hours), access to the services is revoked. The Candidate’s profile will no longer appear in search results, the Employer’s job offers will be deactivated, and the Expert will be removed from the active search loop.

10.1.3. Status of Content and Data

The User is encouraged to export their data (CVs, documents, invoices) before initiating termination. Once the account is closed:

• Public Content: Public content (reviews, comments) is anonymized but remains visible to preserve the integrity of the ecosystem.
• Private Messages and Case Documents: Private messages and case documents are archived according to the retention policies described below.

10.2. TERMINATION AND SUSPENSION AT IMMITALENTS’ INITIATIVE

10.2.1. Grounds for Sanction and Termination

ImmiTalents reserves the right to temporarily suspend or permanently terminate a User’s access for the following reasons:

• Violation of the T&Cs: Serious or repeated non-compliance with the rules of conduct (harassment, discrimination, etc.).
• Fraud and Deception: Providing false identity information, fake diplomas, or publishing fictitious job offers.
• Prolonged Inactivity: Any account that has not recorded a login for a consecutive period of twenty-four (24) months may be closed automatically after a notice sent by email remains unanswered for thirty (30) days.
• Legal Injunction: At the request of a competent government or judicial authority.

10.2.2. Suspension and Appeal Procedure

Except in cases of security emergencies or flagrant fraud, ImmiTalents will inform the User of the reason for the suspension. The User has a period of fifteen (15) days to submit observations or contest the decision by writing to legal@immitalents.com. The Company will render a final decision after analyzing the elements provided.

10.3. EFFECTS OF TERMINATION AND SURVIVAL OF CLAUSES

10.3.1. Secure Archiving and Evidence Obligations

In accordance with applicable laws (Law 25, Bar Act), ImmiTalents performs secure archiving of transactional data and connection histories. This data is no longer accessible for daily operations but is kept for seven (7) years for evidence purposes in the event of a dispute or tax audit.

10.3.2. Final Deletion

Upon expiration of the legal retention periods, ImmiTalents proceeds with the irreversible deletion or total and permanent anonymization of the User’s personal information from its databases and backup archives.

10.3.3. Surviving Clauses

The provisions relating to Intellectual Property (Section 6), Limitation of Liability (Section 8), Confidentiality (Section 7), and Dispute Resolution (Section 1.3) survive the termination of this contract, regardless of the cause, for the duration necessary for their full execution.

10.3.4. No Refund

Account termination, whether at the User’s initiative or for cause by the Company, does not entitle the User to any prorated refund of subscriptions or advertising services already paid for and initiated.

SECTION 11: DISPUTE RESOLUTION AND GOVERNING LAW

This section defines the mandatory procedures for the resolution of any dispute or claim arising from the use of the Platform or the interpretation of these T&Cs. ImmiTalents’ objective is to prioritize fast, fair, and economically viable solutions for all parties.

11.1. AMICABLE RESOLUTION PROCEDURE AND MANDATORY MEDIATION

11.1.1. Initial Dispute Notification

Before initiating any formal legal steps, the User agrees to notify ImmiTalents in writing of the nature of their grievance at info@immitalents.com. The parties then have a period of thirty (30) days to attempt to resolve the dispute in good faith through direct negotiation.

11.1.2. Mandatory Preliminary Mediation

If no agreement is reached at the end of the negotiation period, the parties agree to submit their dispute to mandatory mediation before resorting to arbitration or the courts.

• Choice of mediator: The parties will agree on the choice of an accredited mediator. Failing agreement within ten (10) days, the mediator will be appointed by the ADR Institute of Canada (ADRIC).
• Location and format: The mediation will be held in Montreal, Quebec, or by videoconference if the parties consent.
• Fees: Unless otherwise provided by law, mediation fees (mediator’s fees) will be shared equally between ImmiTalents and the User. Each party bears its own attorney’s fees.

11.1.3. Confidentiality of Mediation

All discussions, offers, and proposals made during the mediation phase are strictly confidential and cannot be admitted as evidence in a subsequent proceeding.

11.2. BINDING ARBITRATION AND CLASS ACTION WAIVER

11.2.1. Recourse to Arbitration

In the event that mediation fails to resolve the dispute, the parties agree that it will be definitively resolved by binding arbitration, to the exclusion of ordinary civil courts (subject to disputes eligible for the Small Claims Division of the Court of Quebec).

11.2.2. Arbitration Rules

• Location: Arbitration will take place in the judicial district of Montreal, Quebec, Canada.
• Language: The proceedings will be conducted exclusively in the French language.
• Single arbitrator: The dispute will be decided by a single, neutral arbitrator who is an expert in technology or immigration law.
• Procedure: Arbitration will be governed by the provisions of the Code of Civil Procedure of Quebec relating to arbitration. The arbitrator’s decision will be final, without appeal, and binding on the parties.

11.2.3. Class Action Waiver

To the fullest extent permitted by law, the User agrees that any dispute will be handled on an individual basis. The User expressly waives their right to participate in a class action, collective arbitration, or any representative proceeding against ImmiTalents Inc. The arbitrator does not have the power to consolidate the claims of several people or to preside over any form of collective proceeding.

11.3. GOVERNING LAW AND COMPETENT COURTS

11.3.1. Governing Law

These T&Cs, their formation, interpretation, and execution are governed exclusively by the laws of the province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this contract.

11.3.2. Choice of Forum

For any legal action permitted herein (e.g., application for an injunction, enforcement of an arbitral award, small claims), the parties elect domicile in the judicial district of Montreal, province of Quebec. They acknowledge the exclusive jurisdiction of the courts of this district and waive any challenge based on an inconvenient forum (forum non conveniens).

11.4. FINAL GENERAL PROVISIONS

11.4.1. Entire Agreement

These T&Cs, including the Privacy Policy and any specific appendix, constitute the entire agreement between the User and ImmiTalents concerning the use of the Services. They replace any prior agreement, communication, or proposal, whether electronic, oral, or written.

11.4.2. Severability

If any provision of these T&Cs is found to be invalid, illegal, or unenforceable by a court or a competent arbitrator, such provision will be interpreted so as to reflect the original intent of the parties to the extent permitted by law, and the other provisions will remain in full force and effect.

11.4.3. Non-Waiver

The failure of ImmiTalents to exercise a right or provision herein does not constitute a waiver of that right or provision for the future.

11.4.4. Force Majeure

ImmiTalents shall not be held liable for any failure or delay in the performance of its obligations resulting from events beyond its reasonable control (natural disasters, acts of terrorism, major Internet outages, pandemics, etc.).

SECTION 12: SPECIFIC CLAUSES FOR THE PROVINCE OF QUEBEC

Due to the incorporation of ImmiTalents Inc. in Quebec and the location of its head office in Montreal, these clauses apply mandatorily to all Users residing in Quebec or using the Platform within this province. These provisions are intended to ensure compliance with Quebec public policy laws, particularly regarding consumer protection and linguistic rights.

12.1. LANGUAGE CLAUSE AND EXPRESS WILL

12.1.1. Declaration of Will

In accordance with the requirements of the Charter of the French Language (CQLR c C-11), the parties hereto confirm their express wish that this agreement, as well as all related documents, notices, communications, and proceedings, be drafted and concluded in the French language.

12.1.2. Second Language Option

Although an English version (or a version in another language) may be made available to Users for their convenience, the User acknowledges that by using the French version of the Platform, they confirm having received, read, and understood the French version of the T&Cs. In the event of a discrepancy in interpretation or a conflict between the French version and any translation, the French version shall prevail absolutely for any use occurring within the territory of the province of Quebec.

12.2. COMPLIANCE WITH THE CHARTER OF THE FRENCH LANGUAGE (BILL 96)

12.2.1. Communications with Quebec Users

ImmiTalents undertakes to ensure that all services intended for the Quebec public, including software interfaces, support tools, and search loop notifications, are available in French. Under the provisions of Bill 96, any personalized communication with a User residing in Quebec will be conducted in French, unless the User has explicitly indicated a preference for another language via their account settings.

12.2.2. Contracts of Adhesion

The User acknowledges that these T&Cs constitute a contract of adhesion. ImmiTalents confirms that the French version of this contract was provided or made accessible to the User before any acceptance of a version in another language, thereby respecting the legal obligation of prior delivery of the French text.

12.3. CONSUMER PROTECTION AND CIVIL RIGHTS

12.3.1. Primacy of the Consumer Protection Act

If the User is a “consumer” within the meaning of the Consumer Protection Act (Quebec), the limitations of liability (Section 8) and the arbitration clauses (Section 11) apply only to the extent permitted by said Act. Nothing in these T&Cs shall have the effect of limiting the fundamental rights available to the Quebec consumer under public policy laws.

12.3.2. Advertising and Display

Any advertising or promotional content disseminated on the Platform and specifically targeting the Quebec market will be drafted in French. ImmiTalents’ trademarks, although used in English (e.g., “ImmiTalents”), benefit from the exceptions provided for registered trademarks, while ensuring that a description in French appears on the materials required by law.

12.4. ELECTRONIC ADHESION AND CONSENT

The Quebec User acknowledges that the “click” process for accepting the T&Cs satisfies the requirements of the Civil Code of Quebec regarding the formation of contracts. The integrity of the electronic document is ensured by the security measures described in Section 3 and Section 7, guaranteeing that the contract has not been altered since its electronic signature by the User.

12.5. REGULATORY COMPLIANCE (CNESST)

ImmiTalents Inc. operates as a licensed recruitment agency in accordance with Quebec laws (CNESST Permit No. AR-2504666). Under the Regulation respecting personnel recruitment agencies, ImmiTalents must maintain records of its activities. Consequently:

• The Expert shall provide anonymized statistical data regarding the success rate of applications to allow ImmiTalents to fulfill its reporting obligations to the CNESST.

SECTION 13: MISCELLANEOUS PROVISIONS

This section contains essential general contractual provisions to ensure the legal validity of the agreement and to define the final operational framework of the relationship between ImmiTalents Inc. and its Users.

13.1. FORCE MAJEURE AND FORTUITOUS EVENTS

13.1.1. Definition of Force Majeure

For the purposes of these T&Cs, “Force Majeure” refers to any unforeseeable, irresistible, and external event that prevents the performance, in whole or in part, of contractual obligations. This includes, but is not limited to: natural disasters (fires, floods, earthquakes), acts of war or terrorism, riots, general strikes, pandemics or global health crises resulting in lockdowns, massive cyberattacks affecting global Internet infrastructure, prolonged power grid failures or third-party telecommunications service outages, as well as any act or government decree restricting the Platform’s activity.

13.1.2. Effects on Obligations

ImmiTalents shall not be held liable for any failure or delay in performing its obligations if such failure is caused by a Force Majeure event. During the period of the event, the Company’s obligations are suspended. If the Force Majeure event persists beyond a period of sixty (60) days, either party may terminate the contract without compensation on either side.

13.2. SEVERABILITY

The invalidity or unenforceability of any provision of these T&Cs, for any reason whatsoever (legislative change, court decision, or arbitral award), shall not affect the validity and enforceability of the remaining provisions.

The parties agree that if a clause is deemed invalid, an arbitrator or court should, to the extent possible, interpret said clause in a manner that gives it a legal effect compatible with the original economic and legal intent of the parties, or replace it with a valid clause having a substantially similar effect.

13.3. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

13.3.1. Assignment by ImmiTalents

ImmiTalents Inc. reserves the right to assign, transfer, or subcontract all or part of its rights and obligations under these T&Cs to any third party, without the prior consent of the User. Such an assignment may occur, in particular, within the context of a merger, acquisition, sale of assets, corporate reorganization, or change of control. The Company will inform Users of such an assignment through a reasonable notice on the Platform.

13.3.2. Prohibition of Assignment by the User

The User may not assign or transfer their rights and obligations (including access to their Account) to a third party without the prior and express written consent of ImmiTalents. Any attempt at unauthorized assignment shall be deemed null and void and may result in the immediate termination of the Account.

13.4. ENTIRE AGREEMENT

These General Terms and Conditions of Use, together with the Privacy Policy and any specific annex or terms accepted on the Platform, constitute the entire agreement between the User and ImmiTalents Inc. regarding the subject matter hereof.

They replace and supersede any prior understanding, promise, warranty, statement, or agreement, whether oral or written, relating to the same subject. No verbal statement by an employee or representative of ImmiTalents may modify the terms of this contract, unless such modification is the subject of a written amendment signed by an authorized representative of the Company or an officially published update on the Platform.

13.5. HEADINGS AND INTERPRETATION

The section and article headings in these T&Cs are inserted solely for convenience and reference purposes. They do not define, limit, or interpret the scope or extent of the clauses they precede. In the event of a contradiction between a heading and the content of an article, the content shall prevail.

13.6. TOLERANCE AND NON-WAIVER

The failure of ImmiTalents to exercise, at any time, any of the clauses of these T&Cs, or to tolerate a breach by the User of any of their obligations, shall not be interpreted as a waiver of the right to invoke them later. A waiver of a right is only valid if expressed in writing and signed by ImmiTalents.

13.7. CONTACT AND COMPLAINTS

For any questions regarding these General Terms and Conditions of Use, or to submit a complaint or request for technical assistance, the User may contact ImmiTalents via the following official channels:

• General Support: info@immitalents.com
• Mailing Address (Head Office): ImmiTalents Inc. Attn: Legal Department 1100 Boul Crémazie E, 8th Floor Montreal, Quebec, H2P 2X2, Canada

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