PRIVACY POLICY
(Last modified July 24, 2017)

Introduction, Acceptance, Definitions, and Modifications

This Privacy Policy (the “Policy”) applies to the website at https://www.nguvu.com/ (the “Website”) which includes all subdomains present and future, and also applies to the use of the “Services”, the propriety software system created by nGUVU for the management of contact center agents and related functions. The Website and Services together may be referred to in this Policy as the “Platform”.

By visiting and / or using the Platform, by entering into a Master Subscription and Services Agreement (“MSSA”) with us for use of the Services, or by entering a third-party agreement for use of the Services (“Third-Party Agreement”), you agree to be bound by the terms of the present Policy. By submitting Personal Information to us or on or through the Platform or via other means, you consent to nGUVU’s collection, use and disclosure of such Personal Information (as that term is defined hereinbelow) in accordance with this Policy (as amended from time to time) and as permitted or required by law.

If you are an individual using the Platform on behalf of a corporation, partnership, or other legal organization (hereinafter “Legal Entity”), you represent and warrant that you have the capacity and authority to accept the Policy on behalf of the Legal Entity, and hereby agree to be the collection, use, and disclosure of Personal Information on behalf of that Legal Entity. If you are a Customer who has signed an MSSA or Third-Party Agreement, you represent and warrant that you have the legal or contractual authority to submit Personal Information of your Users as envisioned by the Services, and to accept nGUVU’s treatment of those Users’ Personal Information as described in this Policy.

The Platform is owned and operated by nGUVU Technologies Inc. (“nGUVU”), a duly-incorporated corporation in the Province of Quebec, Canada. Where the present Policy refers to “nGUVU”, it may refer to nGUVU Technologies Inc. and / or its officers, directors, employees, agents or representatives, depending on the context. Any reference to “we”, “our”, or “us” in this Policy shall also refer to nGUVU.

In this Policy, a Website visitor or Services user, or the Legal Entity they represent (depending on the context), may be referred to as “you” or “your”. Additionally, the Policy may also refer to a “Customer” or “User”, and those terms will have the same meaning in this Policy as they do in the MSSA.

nGUVU reserves the right, at any time and without prior notice, to modify or replace any of the Policy. Any changes to the Policy can be found at this URL. It is your responsibility to check the Policy periodically for changes. Your use of the Platform following the posting of any changes to the Policy constitutes acceptance of those changes. If we make any substantial changes to the Policy that materially affect the way we treat your Personal Information, we will use commercially reasonable efforts to notify you, including by sending a notice to the primary email address specified in your account if you are a Customer.

If you have any questions about the Policy or if you wish to inquire about and / or access any Personal Information nGUVU holds about you, please contact:

nGUVU Legal Services

legal@nguvu.com

or:

nGUVU Legal Services
1400 rue Metcalfe, Suite 200
Montreal, Quebec
Canada
H3A 1X2

General Statement of Privacy and Protection of Personal Information

nGUVU takes your privacy and security of Personal Information very seriously. We have provided a secure environment and this strict Policy that describes the limited ways the information is used and the limited access to such information.

What Does This Privacy Policy Cover?

This Policy covers the treatment of personally-identifiable information, i.e. any information that identifies an individual or Legal Entity, or can be used in conjunction with other information to identify an individual or Legal Entity (“Personal Information”), when you voluntarily submit this information and other information gathered by nGUVU when you are using or accessing the Platform. This Policy also covers nGUVU’s treatment of any Personal Information that nGUVU may share with its business partners or other third parties under very limited circumstances.

This Policy does not apply to the general practices and treatment of information (whether personal or not) by third parties that nGUVU does not own or control, including but not limited to any third-party websites or services that you elect to access through the Platform or via a link from the Platform (“Third-Party Website”), or to individuals that nGUVU does not manage or employ. While we attempt to facilitate access or link only to those Third-Party Websites that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third-Party Websites. We encourage you to carefully review the privacy policies of any Third-Party Website you access.

Finally, this Policy does not cover any Personal Information you send to nGUVU via any non-secured mode of communications such as instant messenger, Facebook or Twitter, as communications via these methods may be subject to interception, loss, or alteration. While we welcome your comments and suggestions sent to us in this manner, we encourage you to carefully examine what Personal Information you send to nGUVU via these methods.

No Collection of Personal Information as a Matter of Course

nGUVU does not, as a matter of course, gather any of your Personal Information while you are visiting the Website or using the Services, unless you are asked to provide such information, for example by signing up to use the Services. Personal Information is only gathered with your informed consent. Where you have provided Personal Information, it will only be used for the stated purpose or use, as described in the next section of this Policy.

Personal Information Collected and its Uses

The following is an exhaustive list of Personal Information collected from you when you visit or use the Platform and what we use it for. You acknowledge that you are submitting this Personal Information with your informed consent. When you submit Personal Information about third parties such as Users, you represent and warrant that you have their permission and consent to submit that Personal Information to us and for nGUVU to use their Personal Information as described in this Policy. When you submit Personal Information about the Legal Entity you represent, you represent and warrant that you have the capacity and authority to submit such Personal Information on their behalf.

·       “Contact Information”. You may submit Contact Information such as your name, email address, and company website on various contact forms on the Website. Depending on the contact form used, we use this Contact Information in order to respond to your inquiry, or to schedule a demo of the Services. If you have used a contact form to sign up for our newsletter, we will use the Contact Information to send you the newsletter; please see the Email Communications section further in this Policy for more information.

·        “Customer Information”. In order to use the Services, you will be required to sign an MSSA or Third-Party Agreement and submit Personal Information about you and your Legal Entity which may include your name, Legal Entity address and other contact information. This Customer Information is used to manage your account, to facilitate your use of the Services, and to communicate with you about your account.

·       “User Information”. As a Customer, you or your Users may enter User Information including first and last names, a username which may be Personal Information, and under some circumstances a User’s email address. This User Information is only used to allow for the proper functioning of the Services, and to communicate information about the Services to Users. In addition to this personal User Information, nGUVU also collects certain non-personal User Information; please see the next section of this Policy for more information.

In addition to the uses described above, we may also use Personal Information you have submitted:

·       To facilitate and improve Customer service; and

·       To provide technical support.

Non-Personal User Information and its Uses

In addition to the personal User Information described above, nGUVU also collects certain non-personal information about Users related to their performance, which can include their schedules, hours worked, call length, and other information. We receive this information from the Customer associated with the Users via various electronic means, including but not limited to SFTP, email, and third-party APIs. While this information is tied to a particular User by their name and / or username, on its own it is not personally-identifiable. Notwithstanding the non-personal nature of this information, we treat it with the same degree of care we treat Personal Information. It is never shared with third parties. It is only used to allow for the proper functioning of the Services, and is only ever shared with the Customer associated with those Users.

Security and Encryption of Information

nGUVU uses only industry best practices (physical, electronic and procedural) in keeping any data collected (including Personal Information) secure. In addition, nGUVU uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Platform, and these third parties have been selected for their high standards of security, both electronic and physical. For example, nGUVU uses Amazon AWS, a recognized leader in secure data, for hosting of the Platform and storage of data, including Personal Information. Please note that these third parties may not be located in your home jurisdiction – see the “Transfer of Personal Information Outside Your Home Jurisdiction” section further in this Policy for more information.

Non-disclosure of Personal Information to Third Parties

Except as provided in the next paragraph and the section in this Policy on Email Communication, nGUVU does not divulge any Personal Information gathered via the Platform to third parties. Moreover, nGUVU does not sell, rent, trade or license any Personal Information regarding its Customers or Users to third parties. Only the employees, agents, subcontractors, officers, directors, or assigns of nGUVU (or of nGUVU’s affiliates) are responsible for the management and development of the Platform, and only these individuals have access to the information collected there. These employees, agents, subcontractors, officers, directors or assigns all have been instructed to comply with the Policy.

Notwithstanding anything in the Policy to the contrary, we may share any information we have collected about you or that you have submitted: (1) in response to subpoenas, court orders, or legal process, or to establish, protect, or exercise our legal rights or defend against legal claims or demands; (2) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person, or any violation of the MSSA or Third-Party Agreement; (3) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Platform infrastructure or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of the Platform infrastructure or the Platform generally); (4) to a parent company, subsidiaries, joint ventures, or other companies under common control with nGUVU (in which case we will require such entities to honour this Policy); (5) if nGUVU merges with another entity, is subject to a corporate reorganisation, or sells or transfers all or part of our business, assets, or shares (in which case we will require such entity to assume our obligations under this Policy, or inform you that you are covered by a new privacy policy).

Email Communications and Compliance with Anti-Spam Laws

nGUVU currently uses Hubspot to send out emails and manage our newsletter. Personal Information is transferred to Hubspot in order for our email communications to function properly. Your Personal Information is only used for the proper sending out of email; Hubspot does not use this Personal Information for any other purpose, and will not transfer or sell your Personal Information to any other third party. You may unsubscribe from receiving marketing emails from us at any time by following the link at the bottom of any email sent to you.

nGUVU’s practices with regards to its email practices are designed to be compliant with anti-spam laws, specifically the law unofficially called “CASL”, or Canada’s Anti-Spam Law. If you believe you have received email in violation of this law, please contact us using the contact information further up in this Policy.

Limited Gathering of Information for Statistical, Analytical and Security Purposes

nGUVU automatically collects certain information using third-party analytics programs such as Google Analytics to help us understand how our users use the Platform, but none of this information identifies you personally. For example, each time you visit the Platform, we may automatically collect your IP address, browser and computer type, access times, the web page from which you came, and the web page(s) you access (as applicable). We use information collected in this manner only to better understand your needs and the needs of the Platform and its users in the aggregate. nGUVU also makes use of information gathered for statistical purposes to keep track of the number of visits to the Website and the specific pages on the Website with a view to introducing improvements.

Your IP address and other relevant information may be used in order to trace any fraudulent or criminal activity, or any activity in violation of the MSSA or Third-Party Agreement

Aggregated Information

In addition to the information collected by the analytics programs as described in the previous section, we may also generate, use and disclose aggregated and / or anonymized information and statistics about the Platform and Platform Users for marketing, analysis and strategic purposes. Additionally, aggregated / anonymized data about a Customer’s Users may be shared with or accessed by that Customer. However, no User of the Services will ever be individually identifiable from these aggregated and / or anonymized information and statistics.

Verification, Correction and Deletion of Personal Information

You have the right to: (i) verify what Personal Information nGUVU holds about you; (ii) ask for your Personal Information to be corrected or updated; and (iii) withdraw your consent to the use by nGUVU of your Personal Information and have it deleted from our records. If you wish to inquire about and verify and / or correct Personal Information nGUVU holds about you, or if you wish to have all your Personal Information permanently deleted from our records, please contact us using the contact information further up in this Policy. Please note that deletion of your Personal Information may make it impossible for you to use the Platform, or certain portions thereof. If you request deletion of your Personal Information, nGUVU reserves the right to retain some of your Personal Information for a reasonable time in order to satisfy our legal obligations, or where we reasonably believe that we have a legitimate reason to do so.

The above paragraph applies equally to any third party Personal Information you have submitted to us with their permission or under your authority.

Transfer of Personal Information Outside Your Home Jurisdiction

Customers and Users may access the Platform from any country in the world. nGUVU and its third-party vendors, including service providers and hosting partners, are located in the United States and Canada. You acknowledge that nGUVU and our third-party vendors may be located in jurisdictions or countries where the privacy laws may not be as protective as those in your home country, state, province or other governmental jurisdiction, and consent to the transfer of your Personal Information to such countries. Without limiting the generality of the foregoing, Platform users in the European Union acknowledge and agree that their Personal Information may be transferred to the United States.

Tracking Technology ("Cookies") and Related Technologies

nGUVU uses tracking technology (“cookies” and related technology such as tags, pixels and web beacons) on the Platform and by using the Platform you agree to their use. Cookies are small text files placed on your hard drive when you visit a web site, in order to track use of the site and to improve the user experience by storing certain data on your computer. The Services uses “session cookies,” which improve your user experience by storing certain information from your current visit on your computer while you are a User.

Specifically, we use cookies for the following functions:

·       to facilitate your signing-in to the Services;

·       to keep track of your preferences while using the Services;

·       to provide general internal and user analytics;

·       to conduct research to improve the content of the Platform using analytics programs as described above in this Policy;

·       to assist in identifying possible fraudulent activities.

Your browser can be set to refuse cookies or delete them after they have been stored. Please refer to your browser’s help section for instructions. Please note that deleting these cookies may reduce your user experience on the Platform by requiring you to re-enter certain information, including information required to use the Services, such as account login information. Furthermore, deleting cookies may prevent certain functions from working at all. nGUVU, their affiliates and their respective officers, directors, employees, affiliates, agents, partners, principals, licensors, representatives, successors and assigns (collectively “Representatives”) shall not be held responsible for any function that may not operate after you delete cookies, or any losses or damages (pecuniary or otherwise) arising from those functions not operating, or having reduced functionality.

Risks Associated with the Internet

Despite nGUVU’s best efforts to ensure that third parties will not access or obtain your Personal Information through your use of the Platform, complete confidentiality and security cannot currently be guaranteed on the Internet. Communication via the Internet is subject to interception, loss, or alteration. You acknowledge and agree that nGUVU cannot be held responsible for damages resulting from the transmission of confidential information or Personal Information over the Internet and that such communications are at your own risk.

Links to Third Party Websites

From time to time nGUVU may provide links to other websites or services not covered by the present Policy. We encourage you to read the privacy policy of any website or service linked to from the Platform, and to be careful when submitting any information, including your Personal Information, to them.

Limitation of Liability

nGUVU, its affiliates, or their respective Representatives, will not be held liable for any losses or damages, direct or indirect, pecuniary or not pecuniary, resulting from the misuse of any information collected by any third party, or any misuse of any information collected through the Platform not in violation of the Policy.

Compliance with Privacy Laws

This Policy and nGUVU’s practices in general are designed to be in compliance with Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”, S.C. 2000, c. 5) and Quebec’s An Act Respecting the Protection Of Personal Information in the Private Sector (R.S.Q. c. P-39.1). If you have any questions regarding this compliance, please contact us using the contact information further up in this Policy.

© nGUVU 2017