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Bug me about this later, let me live dangerously

QWALIFY INC.
PRIVACY POLICY

Last Update: August 3, 2018.

This privacy policy (the "Privacy Policy") describes how Qwalify collects, uses and discloses information and data relating to your access and use of the Services and the Qwalify websites (the "Websites"), and what rights you have with respect to such information and data. The Privacy Policy forms part of the Qwalify Terms of Service (the "Terms of Service") and any capitalized terms used but not defined in the Privacy Policy have the meaning ascribed in the Terms of Service.

The Privacy Policy does not apply to Third Party Services.

If you do not agree with the terms and conditions of this Privacy Policy, do not access or use the Services, Websites or any other aspect of Qwalify's business.

Qwalify reserves the right to update and change the Privacy Policy from time to time by posting updates and changes to the Qwalify website. If Qwalify makes material changes to the Privacy Policy, Qwalify will send you notice of such changes by posting the revised policy on the Website, and where appropriate, by other means. By continuing to use the Services after such changes are posted, you agree to such changes.

Captions are provided throughout the Privacy Policy in everyday language for convenience only and are not legally binding.

  1. GENERAL PRINCIPLES
    1. Control of Information. The Customer controls and is responsible for their instance of the Services (their "Service Portal") and any information and data associated therewith, including any and all information and data submitted by the Customer through their Account (the "Customer Information"), and any and all information and data submitted by participants of the Service Portal (the "Participants").
    2. Customer Responsibilities. With respect to its collection, use and disclosure of information and data submitted by Participants (the "Participant Information"), the Customer must comply with all applicable laws. Without limitation, the Customer must:
      1. post an up-to-date and accurate privacy policy on the applicable Service Portal that complies with all applicable laws;
      2. obtain consent from all Participants for the collection, use and disclosure of the Participant Information, and its processing by Qwalify and other third parties in connection with the Services; and
      3. if the Participant Information includes sensitive personal data (including information relating to medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or sexuality), obtain affirmative, express consent from all such Participants for the collection, use and disclosure of same, and its processing by Qwalify and other third parties in connection with the Services.
  2. The Customer should seek independent legal advice prior to the collection, use and disclosure of any Participant Information to ensure that its privacy policies and practices comply with the Privacy Policy and all applicable laws.

    1. Data Protection Inquiries. If you are a Customer, please contact Qwalify with any questions about data protection relating to the Services. If you are a Participant, please contact the applicable Customer with any questions about data protection relating to the Services.
    2. Controller and Processor. Data protection law in certain jurisdictions differentiates between the "controller" and "processor" of information and data. In general, the Customer is the controller of Participant Information. In general, Qwalify is the processor of Participant Information and the controller of Customer Information and Other Information.
    3. Data Subject Age. The Services are prohibited for any person that less than eighteen (18) years old and the age of majority in their resident jurisdiction. Qwalify does not knowingly collect information from or relating to any such person. If you are aware of a person that is using the Services and is under such age, please contact Qwalify immediately at service@qwalify.com.
    4. Primary Definition Summaries.
      1. Customer Information is defined in Section 1.1 as information and data submitted by the Customer through their Account.
      2. Participant Information is defined in Section 1.2 as information and data submitted by Participants.
      3. User Information is defined in Section 2.1 as Customer Information and Participant Information, collectively.
      4. Other Information is defined in Section 2.2 as information and data that is generated (as opposed to submitted) based on the use of the Services by Customers and/or Participants.
      5. Service Data is defined in Section 3.2 as User Information and Other Information, collectively.
  3. INFORMATION COLLECTED

    Qwalify collects, receives and generates information and data relating to both Customers and Participants (together "Authorized Users").

    1. User Information. Qwalify collects and receives Customer Information and Participant Information during access and use of the Services and Websites (the "User Information"). User Information includes without limitation identifying information (such as name, address, telephone number, email address and billing information) and content (such as photos, images, videos, graphics, written content, audio files or code).

      1. Other Information. Qwalify generates and collects information and data that is generated based on the use of the Services by the Authorized Users (the "Other Information"). Other Information includes the following:
      2. Services Metadata. When an Authorized User interacts with the Services, metadata is generated that provides additional context about the way Authorized Users work. For example, Qwalify logs the type of activity engaged by Authorized Users using the Service Portals to better understand which features and tools are most used or in need of improvement.
      3. Log Data. As with most websites and technology services delivered over the Internet, Qwalify servers automatically collect and record information when the Websites and Services are accessed. This log data may include the Internet Protocol (IP) address, the address of the web page visited before using the Websites or Services, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences and cookie data. This Other Information is used to optimize the delivery of the Services.
      4. Device Information. Qwalify collects information about devices used to access the Services, including the type of device, what operating system is used, device settings, application IDs, unique device identifiers and crash data. Whether Qwalify collects some or all of this Other Information often depends on the type of device used and its settings. This Other Information is used to optimize the delivery of the Services.
      5. Location Information. Qwalify collects information from Authorized Users to determine their approximate location, such as their business address, IP address or any other location information from devices in accordance with the consent process provided by the device.
      6. Cookie Information. Qwalify uses cookies and similar technologies in the Websites and Services that help collect Other Information. The Websites and Services may also include cookies and similar tracking technologies of third parties, which may collect Other Information about Authorized Users via the Websites and Services and across other websites and online services. If you do not wish to accept cookies, you have the option of blocking or disabling cookies. Your computer provides you with the ability to clear all cookies that have been stored onto your hard drive, should you wish to do so. However, please be aware that you may be unable to access certain parts of the Services if you block or disable Qwalify cookies
      7. Third Party Services. Qwalify may receive data about organizations, industries, Website visitors, marketing campaigns and other matters related to the Services from parent corporation(s), affiliates and subsidiaries, Qwalify partners or others that Qwalify uses to make the Other Information more useful. This data may be combined with Other Information Qwalify collects and might include aggregate level data, such as which IP addresses correspond to zip codes or countries.
      8. Additional Information Provided to Qwalify. Qwalify receives Other Information when submitted to the Websites or if you participate in a focus group, contest, activity or event, apply for a job, request support, interact with Qwalify social media accounts or otherwise communicate with Qwalify.

      Generally, no one is under a statutory or contractual obligation to provide any information or data to Qwalify. However, certain information and data is collected automatically when accessing and using the Websites and Services, and blocking such collections may result in Qwalify's inability to provide you with access and use to any part or whole of the Websites and/or Services.

  4. INFORMATION USE

    1. User Information. User Information will be used by Qwalify in accordance with the Customer's instructions, including any applicable terms in the Terms of Service and Customer's use of the Services functionality, and as required by applicable law.
    2. Service Data. User Information and Other Information (collectively, "Service Data") will be used by Qwalify in furtherance of Qwalify's legitimate interests in operating the Services, Websites and business. More specifically, Qwalify uses Service Data:
      1. To provide, update, maintain and protect the Services, Websites and business. This includes use of Service Data to support delivery of the Services under the Terms of Service, prevent or address service errors, security or technical issues, analyze and monitor usage, trends and other activities or at an Authorized User's request;
      2. As required by applicable law, legal process or regulation;
      3. To communicate with you by responding to your requests, comments and questions. If you contact us, Qwalify may use your Service Data to respond;
      4. To develop and provide additional features. Qwalify tries to make the Services as useful as possible for specific Service Portals and Authorized Users. For example, Qwalify may improve functionality by using Service Data to make Services suggestions based on historical use and predictive models, identify organizational trends and insights, to customize a Services' experience or create new productivity features and products;
      5. To send emails and other communications. Qwalify may send you service, technical and other administrative emails, messages and other types of communications. Qwalify may also contact you to inform you about changes in the Services, the Service offerings, and important Services-related notices, such as security notices. These communications are considered part of the Services and you may not opt out of them. In addition, Qwalify sometimes sends emails about new product features, promotional communications or other news about Qwalify. These are marketing messages so you can control whether you receive them;
      6. For billing, account management and other administrative matters. Qwalify may need to contact you for invoicing, account management and similar reasons and Qwalify uses account data to administer accounts and keep track of billing and payments; and
      7. To investigate and help prevent security issues and abuse.
  5. INFORMATION RETENTION

    In general, Qwalify keeps your Service Data throughout your relationship with Qwalify. For Customers, this means Qwalify will keep your Service Data as long as you maintain an Account. For Participants, Qwalify processes your Service Data solely as a data processor on behalf of Qwalify Customers, and it is up to the Customer to determine how long they will store your Service Data in the Qwalify systems.

    Once you terminate your relationship with Qwalify, Qwalify generally will continue to store archived copies of your Service Data for legitimate business purposes and to comply with applicable law, except when Qwalify receives a valid erasure request, or, if you are a Customer, you terminate your Account and your Service Data is purged pursuant to Qwalify's standard purge process.

    If Service Data is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, Qwalify may retain and use it for any business purpose. To the extent Service Data is associated with an identified or identifiable natural person and is protected as personal data under applicable data protection law, it is referred to in this Privacy Policy as "Personal Data."

  6. INFORMATION SHARING

    This section describes how Qwalify may share and disclose Service Data.

    Customers determine their own policies and practices for the sharing and disclosure of Participant Information, and Qwalify does not control how they or any other third parties choose to share or disclose Participant Information.

    1. Customer's Instructions. Qwalify will solely share and disclose Service Data in accordance with a Customer's instructions, including any applicable terms in the Terms of Service and Customer's use of Services functionality, and in compliance with applicable law and legal process.
      1. Displaying the Services. When an Authorized User submits Service Data, it may be displayed to other Authorized Users in the same or connected Service Portal.
      2. Collaborating with Others. The Services provide different ways for Authorized Users working in independent Service Portals to collaborate. Service Data, such as an Authorized User's profile, may be shared, subject to the policies and practices of the Service Portal.
      3. Customer Access. Authorized Users may be able to access, modify or restrict access to Service Data. This may include, for example, your employer using Service features to export logs of Service Portal activity, or accessing or modifying profile details.
      4. Third Party Service Providers and Partners. Qwalify may engage third party companies or individuals as service providers or business partners to process Service Data and support the Qwalify business. These third parties may, for example, provide virtual computing and storage services.
      5. Third Party Services. Customer may enable or permit Authorized Users to enable Third Party Services. When enabled, Qwalify may share Service Data with Third Party Services. Third Party Services are not owned or controlled by Qwalify and third parties that have been granted access to Service Data may have their own policies and practices for its collection and use. Please check the privacy settings and notices in these Third Party Services or contact the provider for any questions.
      6. Corporate Affiliates. Qwalify may share Service Data with its corporate affiliates, parents and/or subsidiaries.
      7. During a Change to Qwalify's Business. If Qwalify engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Qwalify's assets or stock, financing, public offering of securities, acquisition of all or a portion of the Qwalify business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence), some or all Service Data may be shared or transferred, subject to standard confidentiality arrangements.
      8. Aggregated or De-identified Data. Qwalify may disclose or use aggregated or de-identified Service Data for any purpose. For example, Qwalify may share aggregated or de-identified Service Data with prospects or partners for business or research purposes, such as telling a prospective Qwalify customer the average amount of time spent within a typical Service Portal.
      9. To Comply with Laws. If Qwalify receives a request for information, Qwalify may disclose Service Data if Qwalify reasonably believes disclosure is in accordance with or required by any applicable law, regulation or legal process. Qwalify is released of any liability associated with any such disclosures made in good faith.
      10. To Enforce Rights, Prevent Fraud, And For Safety. Qwalify may disclose or use Service Data to protect and defend the rights, property or safety of Qwalify or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.
      11. With Consent. Qwalify may share Service Data with third parties when Qwalify has consent to do so.
  7. INFORMATION CONTROL

    Qwalify understands that you have legal rights over your Service Data, and takes reasonable steps in accordance with applicable laws to allow you to access, correct, amend, delete, port, or limit the use of your Service Data.

    1. Customer Control. If you are a Customer, you can update many types of Service Data, such as payment or contact information, directly within your Account. If you are unable to change your Service Data within your Account, please contact Qwalify to make the required changes.
    2. Participant Control. If you are a Participant and wish to exercise these rights, please contact the Customer you interacted with directly. Qwalify serves as a processor on the Customer's behalf, and can only forward your request to them to allow them to respond. It's important to remember that if you delete or limit the use of your Service Data, the Services may not function properly.
    3. Automated decision making In the course of providing the Services, Qwalify uses a number of machine learning algorithms and forms of automated decision-making. These algorithms are not fully automated and include human intervention.
  8. FEEDBACK

    Any suggestions or comments for improving or modifying the Services that are included in your communications with Qwalify ("Feedback") will be deemed to be non-confidential and non-proprietary to you, and you agree that: (a) Qwalify is therefore not subject to any confidentiality obligations with respect to the Feedback; (b) the Feedback is not confidential or proprietary information of any third party and you have all of the necessary rights to disclose the Feedback to Qwalify; (c) Qwalify may irrevocably freely use, reproduce, publicize and exploit the Feedback; and (d) you are not, nor is any other party, entitled to receive any compensation or reimbursement of any kind from Qwalify in relation to the Feedback

  9. SECURITY

    Qwalify works hard to protect the Service Data from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the Service Data and the current state of technology. Qwalify follows industry standards on information security management to safeguard sensitive information, such as financial information, intellectual property, employee details and any other personal information entrusted to Qwalify. Qwalify information security systems apply to people, processes and information technology systems on a risk management basis.

    No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, Qwalify cannot guarantee the absolute security of Service Data.

  10. CONTACT

    1. General Contact. You may contact Qwalify if you have any questions about the Privacy Policy or Qwalify's privacy practices, or if you are seeking to exercise any of your rights relating thereto. You may contact Qwalify at service@qwalify.com or at the following mailing address:

      Qwalify Inc.
      147 Liberty Street
      Toronto, ON
      M6K 3C3
      
    2. Data Protection Officer. To communicate with Qwalify's Data Protection Officer, please email legal@qwalify.com.