Data Privacy Policy

Effective August 27, 2018

TIEIT Inc. (“TIEIT, “we” or “us”) is a company headquartered in the province of Ontario in Canada. TIEIT is incorporated pursuant to the laws of Ontario.

This privacy policy (the “Policy”) applies to TIEIT owned and operated software, web and online applications, websites and/or subdomains (hereinafter referred to collectively as “Sites”), mobile applications and other services provided by us and all other communications with individuals through written, electronic or oral means (email or phone).

This Policy describes the information that we gather on or through the Service, how we use and disclose such information, and the steps we take to protect such information. By visiting the Sites, or by purchasing or using the Service, you accept the privacy practices described in this Policy. We will not use or share your information with anyone except as described in this Policy.

  1. Definitions

    • “Client” means a user or customer of TIEIT.

    • “Client Data” means personal data, contact data, reports, addresses, and other files, folders or documents in electronic form that a User of the Service stores.

    • “Information” means the personal data, contact data, reports, addresses, and other files, folders or documents in electronic form that a User of the Service stores or provides to us.

    • “List” is a list of Contacts a User may upload or manage on the Service and all associated information related to those Contacts (for example, first name, last name and email address).

    • “Personal Data” means any information relating to an identified or identifiable natural person. Examples of Personal Data include name, email address, mailing address, mobile phone number, and credit card or other billing information. Personal Data also includes other information, such as geographic area or preferences, when any such information is linked to information that identifies a specific individual.

    • “Public Area” means the area of the Site that can be accessed both by Users and Visitors, without needing to log in.

    • “Restricted Area” means the area of the Site that can be accessed only by Users, and where access requires logging in through the use of an email address and a password. (i.e. logging into the Service through a Restricted Area).

    • “Service” is the web application, called TIEIT, that is used by Clients.

    • “User” means an employee, agent, or representative of a Client, who primarily uses the restricted areas of the Site for the purpose of accessing the Service in such capacity.

    • “Visitor” means an individual other than a User, who uses the public area, but has no access to the restricted areas of the Site or Service.

  2. The Information We Collect on the Service

    We collect different types of information from or through the Service. The legal bases for TIEIT’s processing of Personal Data are primarily that the processing is necessary for providing the Service in accordance with TIEIT’s Terms of Service and that the processing is carried out in TIEIT’s legitimate interests, which are further explained in the section “How We Use the Information We Collect” of this Policy. We may also process data upon your consent, asking for it when necessary or appropriate.

    User-provided Information. When you use the Service, as a User or as a Visitor, you may provide, and we may collect Personal Data. You may provide us with Personal Data in various ways on the Service. For example, when you register for an Account, use the Service, post Client Data, interact with other users of the Service or send us customer service related requests.

    Information Collected by Clients. A Client or User may store or upload into the Service Client Data. TIEIT has no direct relationship with the individuals whose Personal Data it hosts as part of Client Data. Each Client is responsible for providing notice to its customers and third persons concerning the purpose for which Client collects their Personal Data and how this Personal Data is processed in or through the Service as part of Client Data.

    “Automatically Collected" Information. When a User or Visitor uses the Service, we may automatically record certain information from the User’s or Visitor’s device by using various types of technology, including cookies, “clear gifs" or “web beacons.” This “automatically collected" information may include IP address or other device address or ID, web browser and/or device type, the web pages or sites visited just before or just after using the Service, the pages or other content the User or Visitor views or interacts with on the Service, and the dates and times of the visit, access, or use of the Service. We also may use these technologies to collect information regarding a Visitor or User’s interaction with email messages, such as whether the Visitor or User opens, or clicks on a message. This information is gathered from all Users and Visitors.

    Information from the use of our mobile apps. When you use our mobile apps, we may collect certain device and usage-related information in addition to information described elsewhere in this privacy policy.

    Integrated Services. You may be given the option to access or register for the Service through the use of your username and/or email address and passwords for certain services provided by third parties (each, an “Integrated Service”), such as through the use of your Google account, or otherwise have the option to authorize an Integrated Service to provide Personal Data or other information to us. By authorizing us to connect with an Integrated Service, you authorize us to access and store your name, email address(es), date of birth, gender, current city, profile picture URL, and other information that the Integrated Service makes available to us, and to use and disclose it in accordance with this Policy. You should check your privacy settings on each Integrated Service to understand what information that Integrated Service makes available to us, and make changes as appropriate. Please review each Integrated Service’s terms of use and privacy policies carefully before using their services and connecting to our Service.

    Information from Other Sources. We may obtain information, including Personal Data, from third parties and sources other than the Service, such as our partners, advertisers, credit rating agencies, and Integrated Services. If we combine or associate information from other sources with Personal Data that we collect through the Service, we will treat the combined information as Personal Data in accordance with this Policy.

  3. How We Use the Information We Collect

    We use the information that we collect in a variety of ways in providing the Service and operating our business, including the following:

    Operations. We use the information – other than Client Data - to operate, maintain, enhance and provide all features of the Service, to provide the services and information that you request, to respond to comments and questions and to provide support to users of the Service. We process Client Data solely in accordance with the directions provided by the applicable Client or User.

    To bill and collect money. This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit card number. We use third parties for secure credit card transaction processing, and those third parties collect billing information to process orders and credit card payments that are processed from within TIEIT.

    Improvements. We use the information to understand and analyze the usage trends and preferences of our Visitors and Users, to improve the Service, and to develop new products, services, feature, and functionality. Should this purpose require TIEIT to process Client Data, then the data will only be used in anonymized or aggregated form.

    Communications. We may use a Visitor’s or User’s email address or other information – other than Client Data – to contact that Visitor or User for the following purposes:

    1. for administrative purposes such as customer service, to address intellectual property infringement, right of privacy violations or defamation issues related to the Client Data or Personal Data posted on the Service or;
    2. with updates on promotions and events, relating to products and services offered by us and by third parties we work with. You have the ability to opt-out of receiving any promotional communications as described below under “Your Choices.” For example, we may inform you about temporary or permanent changes to our Services, such as planned outages, or send you account, security or compliance notifications, such as new features, version updates, releases, abuse warnings, and changes to this privacy policy;
    3. to respond to your online inquiries and requests, and to provide you with information and access to resources or services that you have requested from us.

    Subscription Lists in Email Campaigns. A List can be created in a number of ways within the Service, including by importing Contacts, such as through a CSV or manually adding the client name and email. We do not, under any circumstances, sell and/or otherwise distribute your Lists. You may export (download) your Lists from within the Service at any time. If we detect abusive or illegal behavior related to your List, we may share your List or portions of it with affected ISPs or anti-spam organizations to the extent permitted or required by applicable law.

    Cookies and Tracking Technologies. We use automatically collected information and other information collected on the Service through cookies and similar technologies to:

    1. personalize our Service, such as remembering a User’s or Visitor’s information so that the User or Visitor will not have to re-enter it during a visit or on subsequent visits;
    2. provide customized advertisements, content, and information;
    3. monitor and analyze the effectiveness of Service and third-party marketing activities;
    4. track certain behavior such as whether the email sent through the Services was delivered and opened and whether links within the email were clicked. They also allow us to collect information such as the recipient’s IP address, browser, email client type and other similar details. We use this information to measure the performance of your email campaigns, and to provide analytics information and enhance the effectiveness of our Services. Reports are also available to us when we send email to you, so we may collect and review that information.
    5. monitor aggregate site usage metrics such as total number of visitors and pages viewed and/or;
    6. track your entries, submissions, and status in any promotions or other activities on the Service.

    Analytics. We use Google Analytics to measure and evaluate access to and traffic on the Public Area of the Site, and create user navigation reports for our Site administrators. Google operates independently from us and has its own privacy policy, which we strongly suggest you review. Google may use the information collected through Google Analytics to evaluate Users' and Visitors’ activity on our Site. For more information, see Google Analytics Privacy and Data Sharing. We take measures to protect the technical information collected by our use of Google Analytics. The data collected will only be used on a need to know basis to resolve technical issues, administer the Site and identify visitor preferences; but in this case, the data will be in non-identifiable form. We do not use any of this information to identify Visitors or Users.

  4. To Whom We Disclose Information

    Except as described in this Policy, we will not intentionally disclose the Personal Data or Client Data that we collect or store on the Service to third parties without the consent of the applicable Visitor, User or Client. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:

    Unrestricted Information. Any information that you voluntarily choose to include in a Public Area of the Service, such as a public profile page, will be available to any Visitor or User who has access to that content.

    Service Providers. We work with third party service providers who provide website, application development, hosting, maintenance, and other services for us. These third parties may have access to, or process Personal Data or Client Data as part of providing those services for us. We limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions.

    Law Enforcement, Legal Process and Compliance. We may disclose Personal Data or other information if required to do so by law or in the good-faith belief that such action is necessary to comply with applicable laws, in response to a valid court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies. We also reserve the right to disclose Personal Data or other information that we believe, in good faith, is appropriate or necessary to:

    1. take precautions against liability;
    2. protect ourselves or others from fraudulent, abusive, or unlawful uses or activity;
    3. investigate and defend ourselves against any third-party claims or allegations;
    4. protect the security or integrity of the Service and any facilities or equipment used to make the Service available or;
    5. protect our property or other legal rights, enforce our contracts, or protect the rights, property, or safety of others.

    Change of Ownership. Information about Users and Visitors, including Personal Data, may be disclosed and otherwise transferred to an acquirer, successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets and only if the recipient of the User or Visitor Data commits to a privacy policy that has terms substantially consistent with this Privacy Policy.

    Client Data may be physically or electronically transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets, for the sole purpose of continuing the operation of the Service, and only if the recipient of the Client Data commits to a Privacy Policy that has terms substantially consistent with this Privacy Policy.

  5. Choices Available to You

    Access, Correction, Deletion. We respect your privacy rights and provide you with reasonable access to the Personal Data that you may have provided through your use of the Services. If you wish to access or amend any other Personal Data we hold about you, or to request that we delete or transfer any information about you that we have obtained from an Integrated Service, you may contact us at [email protected] At your request, we will have any reference to you deleted or blocked in our database.

    You may update, correct, or delete your Account information and preferences at any time by accessing your Account settings page on the Service. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

    You may decline to share certain Personal Data with us, in which case we may not be able to provide to you some of the features and functionality of the Service.

    At any time, you may object to the processing of your Personal Data, on legitimate grounds, except if otherwise permitted by applicable law. This provision does not apply to Personal Data that is part of Client Data. In this case, the management of the Client Data is subject to the Client’s own privacy policy, and any request for access, correction or deletion should be made to the Client responsible for the uploading and storage of such data into the Service.

    Opting out from Commercial Communications. If you receive commercial emails from us, you may unsubscribe at any time by following the instructions contained within the email. Please be aware that after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.

  6. Third-Party Services

    The Service may contain features or links to web sites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.

  7. Children’s Privacy

    Protecting the privacy of young children is especially important. For that reason, TIEIT does not knowingly collect or solicit personal information from anyone under the age of 13. In the event that we learn that we have collected personal information from a child under the age of 13, we will delete that information as quickly as possible.

  8. Data Security

    We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. We maintain appropriate administrative, technical and physical safeguards to protect Personal Data against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Data in our possession. This includes, for example, firewalls, password protection and other access and authentication controls. We use SSL technology to encrypt data during transmission through public internet, and we also employ application-layer security features to further anonymize Personal Data.

    However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot ensure or warrant the security of any information you transmit to us or store on the Service, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If you believe your Personal Data has been compromised, please contact us at [email protected]. If we learn of a security systems breach, we will inform you and the authorities of the occurrence of the breach in accordance with applicable law.

  9. Data Retention

    We only retain the Personal Data collected from a User for as long as the User’s account is active or otherwise for a limited period of time as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise required by law. We will retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements as follows:

    1. the contents of closed accounts are deleted within 3 months of the date of closure;
    2. backups are kept for 3 months;
    3. billing information is retained for a period of 7 years in accordance with the Canada Tax Law
  10. Data Transfer

    We may transfer, process and store Personal Data we collect through the Services in centralized databases and with service providers located in Canada and/or the U.S. Canada and/or the U.S. may not have the same data protection framework as the country from which you may be using the Services. When we transfer Personal Data to Canada and/or the U.S., we will protect it as described in this Privacy Policy.

  11. Data Controller and Data Processor

    TIEIT does not own, control or direct the use of any of the Client Data stored or processed by a Client or User via the Service. Only the Client or Users are entitled to access, retrieve and direct the use of such Client Data. TIEIT is largely unaware of what Client Data is actually being stored or made available by a Client or User to the Service and does not directly access such Client Data except as authorized by the Client, or as necessary to provide Services to the Client and its Users.

    Because TIEIT does not collect or determine the use of any Personal Data contained in the Client Data and because it does not determine the purposes for which such Personal Data is collected, the means of collecting such Personal Data, or the uses of such Personal Data, TIEIT is not acting in the capacity of data controller in terms of the European Union’s General Data Protection Regulation (Regulation (EU) 2016/679, hereinafter “GDPR”) and does not have the associated responsibilities under the GDPR. TIEIT should be considered only as a processor on behalf of its Clients and Users as to any Client Data containing Personal Data that is subject to the requirements of the GDPR. Except as provided in this Privacy Policy, TIEIT does not independently cause Client Data containing Personal Data stored in connection with the Services to be transferred or otherwise made available to third parties, except to third party subcontractors who may process such data on behalf of TIEIT in connection with TIEIT’s provision of Services to Clients. Such actions are performed or authorized only by the applicable Client or User.

    The Client or the User is the data controller under the Regulation for any Client Data containing Personal Data, meaning that such party controls the manner such Personal Data is collected and used as well as the determination of the purposes and means of the processing of such Personal Data.

    TIEIT is not responsible for the content of the Personal Data contained in the Client Data or other information stored on its servers (or its subcontractors’ servers) at the discretion of the Client or User nor is TIEIT responsible for the manner in which the Client or User collects, handles disclosure, distributes or otherwise processes such information.

  12. Changes and Updates to this Policy

    Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of the Policy.

    If you have any questions about this Privacy Policy, the practices of this Site and/or Service, please contact the Data Protection Officer, Kunal Rawlley at [email protected].