PLEASE READ THIS DOCUMENT CAREFULLY. Rectxt Inc. ("Rectxt Inc.," "we," or "us") offers a cloud texting service enabling the communication by SMS or MMS (or “text”) by subscribers to multiple recruitment candidates through the Rectxt Inc. software as a service platform (“Platform”) as accessed through the website located at www.Rectxt.comand its sub-sites (collectively, the "Site"), and all related end clients, mobile apps, Chrome Extension, tools, applications, data, software, APIs and other online services provided by Rectxt Inc., (collectively and including the service through the Site, the "Services"). By registering for or by using the Service in any way, you accept these Terms of Service, which (together with the specifics set out in any order form for the Services that include these terms) forms a binding agreement between you and Rectxt Inc. ("Agreement" or “Terms”). If you do not wish to be bound by this Agreement, do not use the Service. If you are registering on behalf of a business, government, or non-profit entity, you represent and warrant that you have the authority to bind that entity to this Agreement. You may not register for or use the Services if you are a minor under the age of 18., or if you prohibited by law from using the Services.
1. LICENSE TO USE THE SERVICE
1.1. LICENSE: You may subscribe for the Services by registering for the Service through the Site or through such other means as we may otherwise provide to you (“Registration”). You may specify the Services that you are subscribing for at Registration or otherwise through the Site. When you subscribe for Services, you will be informed of the fees for those Services (“Fees”), payment terms, the subscription period (“Subscription Period”) and any other additional terms, conditions or limitations (including without limitation the number of texts that may be sent within a billing period, overage fees etc.). Where we confirm in writing to you that we have accepted your Registration, we shall make the Service available to you for your internal business use during the applicable Subscription Period set out in that Order Form. Your right to use the Service during the Subscription Period shall be in accordance with any additional conditions, restrictions or parameters specified in writing at the time of Order, together with
1.2. Reservation of Rights. Subject to the limited rights expressly granted hereunder, Provider reserves all rights, title and interest in and to the Service, including all related intellectual property rights. No rights are granted to Customer hereunder other than as expressly set forth in this Agreement.
1.3. Restrictions. You shall not (and shall not allow any third party to): (a) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Service except to the extent that enforcement is prohibited by applicable law notwithstanding a contractual provision to the contrary; (b) circumvent any user limits or other timing or use restrictions that are built into the Service; (c) remove any proprietary notices, labels, or marks from the Service; (d) frame or mirror any content forming part of the Service; or (e) access the Service in order to (i) build a competitive product or service, or (ii) copy any ideas, features, functions or graphics of the Service.
1.4. Chrome Extension and Apps: Where you install or download a chrome extension or app, you are granted a limited, non-exclusive, non-transferrable, revocable license to use that Chrome extension or app for your internal business purposes. You may only use any Apps on a device that you own or control.
2. USE OF THE SERVICE
2.1. Rectxt Inc. Responsibilities. Rectxt Inc. shall: (i) act in accordance with good industry practice to maintain the security and integrity of the Service and all data and content provided by you; and (ii) use commercially reasonable efforts to make the Service available twenty-four (24) hours a day, seven (7) days a week, except for: (a) planned downtime (of which Rectxt Inc. shall give at least eight (8) hours’ notice via the Service and which Rectxt Inc. shall schedule to the extent reasonably practicable during the weekend hours from 6:00 p.m. Eastern Standard Time Friday to 3:00 a.m. Eastern Standard Time Monday); or (b) any unavailability caused by circumstances beyond Rectxt Inc.'s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Rectxt Inc. employees), computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within Rectxt Inc.’s possession or reasonable control, and denial of service attacks.
2.2. Authorisation. You authorise Rectxt Inc. to act as Your limited agent for the purpose of SMS and/or MMS message origination and delivery through any messaging vendor used by Rectxt Inc. To the extent required, you agree to provide all assistance and documentation as may be required by Rectxt Inc. in order to establish and register all requisite service provider identification documentation with such third party providers and to resolve any technical and operational issues associated with this authorization.
2.3. Your Responsibilities. You are responsible for all activities that occur in your account and for compliance with this Agreement. In addition to your general obligations to comply with the terms of this Agreement, you shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data that you process through the Service, including without limitation any text communications that you send or receive through the Service(“Content”); (ii) comply with all guidelines and policies regarding the content that may be uploaded, used and processed through the Service that Rectxt Inc. may publish on the Site from time to time; and (iii) comply with all applicable local, provincial, state, federal and foreign laws in using the Service.2.4. Use Guidelines. You shall not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party; (ii) use the Service to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (iii) use the Service to send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material that is harmful to children or violates third-party privacy or publicity rights; (iv) use the Service to send or store malicious code; (v) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (vi) attempt to gain unauthorized access to the Service or its related systems or networks.2.5. Third Party Stores. You acknowledge and agree that the availability of the Service is dependent on the Chrome Web Store from which you licensed the Service. You acknowledge that this Agreement is between you and Rectxt Inc. You agree to comply with, and your license to use the Service is conditioned upon your compliance with, all applicable third-party terms of the agreement (including without limitation any Chrome terms and policies) when using the Services.
3. STATUTORY AND REGULATORY COMPLIANCE, CONSENT AND COMPLIANCE WITH POLICIES AND GUIDELINES
3.1. Statutory and regulatory compliance. Without limiting your obligations under section 2.3 above, you covenant and undertake to comply with all applicable local, provincial, state, federal and foreign laws, regulations, statutory body guidelines and industry group guidelines when sending communications to third parties when using the Services, including without limitation and where and to the extent applicable: (a) the CAN-SPAM Act; (b) Telephone Consumer Protection Act (TCPA); (c) CASL (Canada’s Anti-Spam Legislation, including the Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities (S.C. 2010 c.23))
3.2. Consent. Without limiting the obligations set out above or in any other policies or guidelines of Rectxt Inc., you covenant and undertake not to send any communication through the Service to any third party without that third party’s prior express consent. For the purpose of this section, “express consent” has the meaning given to it under applicable legislation and guidelines issued under that legislation in the territories to which you are sending such communications, or if no such guidance is provided then the same meaning as under CASL. The foregoing includes providing such third parties with an express right to withdraw such consent at any time.
3.3. Managing Consent. The Services may provide a mechanism to readily allow a third party to withdraw consent to receipt of text messages that originated through the Services. However, it is solely Your responsibility to monitor whether such consent has been withdrawn. Rectxt Inc. disclaims any and all responsibility for the management of consents from third parties for the receipt of communications.
3.4. Policies. Use of the Services is subject to compliance with Rectxt Inc.’s Acceptable Use Policies and such other policies and guidelines as Rectxt Inc. may publish on the Site from time to time, and as may be updated by Rectxt Inc. from time to time. It is your responsibility to ensure that you regularly review our policies for any changes or updates. Any such changes shall be binding on you from the next time that you use the Services after the updated policies are published or otherwise made available on or through the Site.
4. PRIVACY AND CONFIDENTIALITY
4.2. Confidentiality. We will treat any content you provide through the Service as confidential information and only use and disclose it in accordance with these Terms (including the Rectxt Inc. privacy policies). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by Rectxt Inc.); (b) was lawfully known to Rectxt Inc. before receiving it from you; (c) is received by Rectxt Inc. from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by Rectxt Inc. without reference to your Content. Rectxt Inc. may disclose your Content when required by law or legal process, but only after Rectxt Inc., if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.
5. ACCOUNTS AND CONTENT
5.1. Registration: To fully use the Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Rectxt Inc. and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
5.2. Account Security: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately at firstname.lastname@example.org.
5.3. Ownership of Content. You retain ownership of all of your intellectual property rights in your Content. We do not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.
5.4. License to Content. You grant Rectxt Inc. and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display your Content solely to the extent required to provide and improve the Services. You further grant Rectxt Inc. the right to use and copy Content for the purpose of creating aggregated or anonymized data in respect to Service use, including without limitation anonymised text conversations (“Pattern Data”). Rectxt Inc. shall own all right, title and interest to all Pattern Data. For greater certainty, Pattern Data shall not identify a specific customer, its business contracts or its end users or otherwise contain any personally identifiable information.
6. SUBSCRIPTIONS AND PURCHASES
6.1. Subscriptions: Access to Services is limited to those Services to which you have subscribed for. You may subscribe for additional services, or alter your subscription, through the Site, subject to any minimum periods that may apply to Services that you have already subscribed for. Changes to subscriptions must be accepted in writing by Rectxt Inc. before your subscription change is completed.
6.2. Fees. You agree to pay to Rectxt Inc. any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify Rectxt Inc. of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
6.3. Subscriptions. Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team using the contact details set out below. You may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.
6.4. Taxes. Unless otherwise stated, Rectxt Inc.’s fees do not include any direct or indirect local, state, provincial, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, goods and services, harmonized, use or withholding taxes (collectively, "Taxes"). You are responsible for paying all Taxes associated with its purchases hereunder, excluding taxes based on Rectxt Inc.’s net income or property. If Rectxt Inc. has the legal obligation to pay or collect Taxes for which you are responsible under this section, the appropriate amount shall be invoiced to and paid by you, unless you provide a valid tax exemption certificate authorized by the appropriate taxing authority.
6.5. Audit Rights. Rectxt Inc. shall have the right to use the capabilities of the Service to confirm Customer’s compliance with this Agreement.
7. TERM AND TERMINATION; ACCOUNT DELETION
7.1. Term: This Agreement begins on the date you first use the Service and continues as long as you have an account with us. Subscription renewals are subject to section 6.3. Rectxt Inc. reserves the right to deny subscriptions, renewals, and other purchases for any reason.
7.2. Account Deletion: You may delete your account at any time. Basic accounts may be deleted from the Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Paid subscription accounts will remain active until the end of the subscription term and any renewal term.
7.3. Termination For Breach: Rectxt Inc. may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Rectxt Inc. determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Rectxt Inc.'s reputation and goodwill. If Rectxt Inc. deletes your account for the foregoing reasons, you may not re-register for the Service. Rectxt Inc. may block your email address and Internet protocol address to prevent further registration.
7.4. Effect Of Termination/Account Deletion: Upon termination, all licenses granted by Rectxt Inc. will terminate. Sections 6 and 11 through 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. Rectxt Inc. shall not be responsible for the loss of such content.
8. CONTENT AND COMMUNICATION RESTRICTIONS
8.1. You may not upload, post, or transmit (collectively, "submit") any Content that:Includes any personal information, personal health information or sensitive personal information (which includes information that may be used to identify an individual, including without limitation any images or recordings by which an individual may be identified unless such recordings or images have been suitably anonymized);Is in breach of any applicable laws, including without limitation any laws regarding personal information, personal health information, sensitive information or similar;Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;Exploits minors;Depicts unlawful acts or violence;Depicts animal cruelty or extreme violence towards animals;Promotes fraudulent or dubious business schemes; orViolates any law.
8.2. Code of Conduct. In using the Service, you must behave in a civil and respectful manner at all times, and will adhere to our Acceptable Use policy. Further, you will not:Act in breach of any professional or ethical guidelines applicable to your profession;Act in a deceptive manner by, among other things, impersonating any person;Harass or stalk any other person;Harm or exploit minors; orDistribute "spam", including without limitation by infringing our Acceptable Use Policy;Rectxt Inc. has the right, but not the obligation, to monitor all conduct on and content submitted to the Service. Rectxt Inc. may publish additional guidelines regarding code of conduct in accordance with good industry practice and applicable law on the Site from time to time, in which case you agree to comply with such guidelines.
9. REPRESENTATIONS, WARRANTIES AND INDEMNITIES
9.1. Representations and Warranties. In addition to any representations and warranties set out above, You further represent and warrant that: (i) you have the right to submit the content to Rectxt Inc. and grant the licenses set forth above; (ii) you have obtained all requisite consents required under applicable law in respect of the publication of such content through the Service and access by third parties to that Content; (iii) Rectxt Inc. will not need to obtain licenses from any third party or pay royalties to any third party; (iv) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (v) the content and access of the content by the individuals authorised by you complies with this Agreement and all applicable laws.
9.2. Indemnification. You covenant and undertake to indemnify, defend, and hold harmless Rectxt Inc. and its affiliates, directors, officers, employees, and agents, from and against all actions that arise from or are otherwise connected to: (i) your activities on the Service, including without limitation any communications that you make and any content that you upload and otherwise make available through the Service; (ii) a violation by you of any term of this Agreement; or (iii) any violation by you of any laws, statutes, regulations, or guidelines; or (iv) any infringement by you of any third party right, including any intellectual property or privacy right.
10. DISCLAIMERS AND LIMITATION OF LIABILITY
10.1. DISCLAIMER. We provide the Services using a commercially reasonable level of skill and care, but neither Rectxt Inc. nor its suppliers or licensors make any specific promises about the Services, including the content or any submission therein. For example, we don’t make any commitment that the operation of the Services will be uninterrupted or error-free; that any defects will be corrected; that the Services, including the server that makes them available, are free of viruses or other harmful components; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement, operation or result obtained from the use of any Content or Submission provided on, accessible from or distributed through the Services. RECTXT INC. AND ITS SUPPLIERS AND LICENSORS PROVIDE THE SERVICES AND ALL CONTENT AND ANY SUBMISSION INCLUDED IN OR ACCESSIBLE FROM THE SERVICES "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH RECTXT INC. AND ITS SUPPLIERS AND LICENSORS DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SERVICES AND ALL CONTENT AND SUBMISSIONS, INCLUDED IN OR ACCESSIBLE FROM THE SERVICES ARE AT YOUR SOLE RISK.
10.2. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL RECTXT INC. OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, PERSONAL INJURY (INCLUDING DEATH), LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES OR THE CONTENT OR SUBMISSIONS, OR SHALL THE LIABILITY OF RECTXT INC. OR ITS SUPPLIERS AND LICENSORS EXCEED A SUM EQUAL TO THE FEES PAID BY YOU HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RECTXT INC.'S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO RECTXT INC. OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S).
11. GENERAL PROVISIONS
11.1. Governing Law: This Agreement shall be governed by the laws of the Province of British Columbia, Canada, without regard to principles of conflicts of law. The United Nations Convention of Controls for International Sale of Goods shall not apply.
11.2. Disputes: Any action arising out of or relating to this Agreement or your use of the Service must be commenced in the provincial or federal courts located in Vancouver, British Columbia, Canada (and you consent to the jurisdiction of those courts). In any such action, Rectxt Inc. and you irrevocably waive any right to a trial by jury.
11.3. Interpretation; Severability; Waiver; Remedies: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Rectxt Inc. in exercising any right hereunder will waive any further exercise of that right. Rectxt Inc.'s rights and remedies hereunder are cumulative and not exclusive.
11.4. Successors; Assignment; No Third Party Beneficiaries: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Rectxt Inc.'s prior written consent. Rectxt Inc. may assign this Agreement at any time. No third party shall have any rights hereunder.
11.5. Notices: You consent to receive all communications including notices, agreements, disclosures, or other information from Rectxt Inc. electronically. Rectxt Inc. may provide all such communications by email or by posting them on the Service. For support-related inquiries, you may contact us. You may send notices of a legal nature to Rectxt Inc. at email@example.com or the following address: Rectxt Inc.400 – 322 Water SteetVancouver, BC V6B 1B6Canada Nothing herein shall limit Rectxt Inc.'s right to object to subpoenas, claims, or other demands.
11.6. Modification: This Agreement may not be modified except by a revised Terms of Service posted by Rectxt Inc. on the Site or a written amendment signed by an authorized representative of Rectxt Inc.. A revised Terms of Service will be effective as of the date it is posted on the Site.
Rectxt Inc.is committed to protecting your privacy. We make the website, www.rectxt.com (the "Website") available together with subsites and the Rectxt chrome extension further described in our Terms of Service (the "Service"). As you use our services, we want you to be clear how we’re using information and the ways in which you can protect your privacy.
What information we collect and why we collect it.
How we use that information and when we disclose it.
How to access and update your personal information.
Your privacy matters to us so please take the time to familiarize yourself with our policies, and if you have any questions please contact us at firstname.lastname@example.org 1. IMPORTANT INFORMATION AND WHO WE ARE
Controller or Processor
To the extent that Rectxt Inc. holds information about you due to your use of our Services, Rectxt Inc. is the controller and responsible for your personal information. To the extent that Rectxt Inc. holds information about you due its presence in content uploaded by Rectxt Inc. customers, Rectxt Inc. acts as a processor.
Our full details are:Rectxt Inc.
Email address: email@example.com
Postal address: 400 – 322 Water Street, Vancouver, BC, V6B 1B6, Canada
Telephone number: 604 779 9114
If you are based in the European Union, you also have the right to make a complaint at any time to your local supervisory authority for data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach the regulator so please contact us at firstname.lastname@example.org in the first instance.
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.
This Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share information about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Website, we encourage you to read the privacy notice of every website you visit.
2. THE INFORMATION WE COLLECT ABOUT YOU
Personal data, or personal information, means any information relating to an identifiable person who can be directly or indirectly identified. It does not include data which cannot be related to an identifiable person (anonymous data).
• We may collect, use, store and transfer different kinds of personal information about you which we have grouped together follows:
• Identity Data includes first name, last name, username or similar identifier.
• Contact Data includes billing address, delivery address, email address and telephone numbers.
• Financial Data includes payment card details.
• Transaction Data includes details about payments to and from you and other details of services you have purchased from us.
• Technical Data includes internet protocol (IP) address, your mobile device’s unique ID number, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Website.
• Profile Data includes your username and password, purchases or orders made by you, your location, preferences, feedback and survey responses.
• Usage Data includes information about how you use our Website, app(s) and Services, such as the buttons, controls, products and ads you click on, pages of our application or Website that you visit, the time spent on those pages, your search queries, the dates and times of your visits, but also about the webpage you were visiting before you came to our Website app(s) and the webpage, app(s) you go to next.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal information Where we need to collect personal information by law, or under the terms of a contract we have with you and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.
3. HOW IS YOUR PERSONAL INFORMATION COLLECTED
We use different methods to collect data from and about you including through:
•Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
• sign up for a demo of our services;
• create an account and profile with us;
• purchase one of services;
• subscribe to our email alerts;
• complete one of our online forms to receive our reports and case studies;
• download or otherwise access one of our e-books, magazines, videos;
• contact our customer service;
• request marketing to be sent to you;
• give us some feedback.
• Automated technologies or interactions. As you interact with our Site, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data and Usage Data about you if you visit other websites employing our cookies.
• Third parties or publicly available sources. We may receive personal information about you from various third parties and public sources as set out below:
• Technical Data from the following parties:
a. analytics providers such as Google Analytics based outside the EU;
b. search information providers such as Google based inside or outside the EU.
• Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Stripe based outside the EU.
• Identity and Contact Data from our partners, data brokers or aggregators based inside or outside the EU.
• Identity and Contact Data from publicly available sources such as LinkedIn, Instagram, and other social networking sites based outside the EU.
4. HOW WE USE YOUR PERSONAL INFORMATION
We will only use your personal information when the law allows us to. Most commonly, we will use your personal data in the following circumstances: Where we need to perform the contract we are about to enter into or have entered into with you.Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.Where we need to comply with a legal or regulatory obligation. The types of lawful basis that we will rely on to process your personal data are:
Legitimate Interest - this means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal information for our legitimate interests. We do not use your personal information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract - this means processing your information where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation - this means processing your personal information where it is necessary for compliance with a legal or regulatory obligation that we are subject to. Generally we do not rely on consent as a legal basis for processing your personal information other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal informationWe have set out below, in a table format, a description of all the ways we plan to use your personal information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.Note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your information. Please contact us if you need details about the specific legal ground we are relying on to process your personal information where more than one ground has been set out in the table below.
MarketingWe strive to provide you with choices regarding certain personal information uses, particularly around marketing and advertising. You may elect to opt out of receiving any further marketing or advertising emails from us through the mechanism provided in those emails.
Promotional offers from usWe may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you. You will receive marketing communications from us if you have requested information from us or purchased services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
Third-party marketingWe will get your express opt-in consent before we share your personal information with any company outside our company for marketing purposes, including service providers who perform marketing services on our behalf, such as conducting surveys, sending communications to you on our behalf, or serving advertisements to you.
Opting out You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time.Where you opt out of receiving these marketing messages, this will not apply to personal information provided to us as a result of a service purchase, service experience or other transactions.
Change of purposeWe will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at email@example.com.
If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. DISCLOSURES OF YOUR PERSONAL INFORMATION
We may have to share your personal information with the parties set out below for the purposes set out in the table in paragraph 4 above.
• Third Party categories as set out below:
• Service providers who provide IT and system administration services.
• Social networking sites to which you have linked your account.
• Professional advisers including lawyers, bankers, auditors and insurers based in Canada and the United States who provide consultancy, banking, legal, insurance and accounting services.
• Regulators and other government authorities [acting as processors or joint controllers] based in Canada, the United States and in the EEA who require reporting of processing activities in certain circumstances.
6. INTERNATIONAL TRANSFERS
We share your personal information within our company. This will involve, if you are based in the European Union, transferring your data outside the European Economic Area (EEA).Many of our external third parties are also based outside the European Economic Area (EEA) so their processing of your personal information will involve a transfer of data outside the EEA.If you are based in the European Union, whenever we transfer your personal information out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring appropriate safeguards are implemented.Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7. DATA SECURITYWe have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. DATA RETENTIONHow long will you use my personal information for?We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax and other legally required purposes.In some circumstances you can ask us to delete your information: see Request erasure below for further information.In some circumstances we may anonymize your personal information (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal information. You may have the right to:
Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected, though we may need to verify the accuracy of the new information you provide to us.
• Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal information. This enables you to ask us to suspend the processing of your personal information in the following scenarios: (a) if you want us to establish the information’s accuracy; (b) where our use of the information is unlawful but you do not want us to erase it; (c) where you need us to hold the information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your information but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal information to you or to a third party. We will provide to you, or a third party you have chosen, your personal information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us using the details set out above.
No fee usually required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.