Privacy policy

                                       CONFIDENTIALITY AND PRIVACY POLICY    (THE "POLICY")

1. INTRODUCTION

INNOVATION MOBILE INC.  (the " Company ", " our ", " we "or " our ") is a company specializing in the development of customized ERP software for its customers.  Your privacy and the protection of your personal information are very important to us. For this reason, we have established this Policy, which governs the collection, use, disclosure, retention and destruction of personal information, whether collected by technological means or not. This Policy also describes how we protect personal information and the process we have established for handling complaints.

2. APPLICATION AND DEFINITIONS

This Policy applies to the Company, including its officers, employees, consultants and any person who otherwise provides services for the benefit of the Company.  It covers the personal information of customers, job applicants, employees or any other persons including visitors to the Company's website (the " Website ").  For the purposes hereof and as defined by the Act respecting the protection of personal information in the private sector (the " Law "Personal information is any information about a natural person that enables that person to be identified, directly or indirectly. For example, it could include a person's first and last name, postal address, e-mail address, telephone number, gender, banking information, health information, ethnic origin, language, information relating to the use of our Site including technical information on visits or any other information collected through cookies ("cookies"). cookies ") and any other personal information that you consider useful to provide to us (the " Personal information ").

Personal Information does not include an individual's business or professional contact information or personal information of a public nature.

BY PROVIDING PERSONAL INFORMATION TO THE COMPANY OR ITS SUPPLIERS, THROUGH OUR SITE, BY TELEPHONE, BY E-MAIL, IN PERSON OR BY ANY OTHER MEANS, YOU CONSENT TO THE COLLECTION, USE, DISCLOSURE, RETENTION AND DESTRUCTION OF YOUR PERSONAL INFORMATION AS SET OUT IN THIS POLICY.  

3. CONSENT, COLLECTION, USE AND COMMUNICATION 

• Consent

As a general rule, the Company will obtain Personal Information directly from you with your consent, subject to the exceptions set out in the Act. Personal Information will only be used for the purposes for which it was collected unless we obtain your consent.  

With respect to customers, the Company wishes to point out that it may have access to Personal Information concerning the individuals who are part of it or other Personal Information, but only when a copy of the customer database must be made by the Company in the event of software problems to be resolved for you. In such a case, as a service provider, we undertake to the best of our knowledge to delete the Personal Information of your employees to which we have access in such a case. In addition, please be advised that in such a case, we will ensure that we comply with the legal requirements required of a service provider under the Act and that we will ensure that our employees manage such information with all necessary discretion and rigor, and comply with this Policy and applicable legal and regulatory requirements.

With your consent or where permitted by law, the Company may also collect Personal Information from third parties.

The Company will not collect, use or disclose Personal Information without your consent unless it is authorized or required to do so by law.

Please note that you have the right to refuse to provide us with Personal Information. You also have the right, subject to reasonable notice and applicable legal restrictions, to withdraw your consent to the use of Personal Information previously collected by contacting our Privacy Officer at the contact information set out in Section 15 hereof. Refusal to disclose information or withdrawal of your consent may prevent us from providing or continuing to provide our services or information to you.

IMPORTANT: If you provide us with Personal Information about other persons, you represent that you have the authority to do so and, where applicable, that you have obtained the necessary consent, and you acknowledge that such information may be used in accordance with this Policy.

• Collection and use

Without limiting the generality of the foregoing, the Company will collect and use Personal Information for the purposes identified at the time the information is collected, subject to compliance with the Act. Collection will be limited to that which is necessary for the purposes identified. The following is a non-exhaustive list of the information the Company may collect. With the exception of the Personal Information of employees, job applicants, certain customers and that which may be collected during your use of our Site, most of the information collected and managed by the Company is of a professional nature.

                      Site users or interact with us by e-mail

When you browse our Site or interact with us via e-mail, we may collect information about you as described below:

                                  - When you make an inquiry or other request, we may collect information about you, such as your first and last name, e-mail address, telephone number, your specific request and information related to your use of our Site.

                                  - Connection data, which may include your IP address, the pages you visit on the Site, the date and time of your visit to the Site, the address of the web page you visited before using the Site, the URL that directed you to our Site, your browser type and settings, information about your device (such as make, model and operating system), information about your browser configuration, language preferences, unique identifiers and cookies.

                                  - Usage data and analyses, which may include the frequency of connection, the functions you use, the duration and timing of use, as well as the different types of activities undertaken by users, and demographic information we may request from you, such as your gender and age.

                                  - If you wish to obtain further information about our services, use our functions, purchase our products, or download certain content, we may ask you to provide us with your contact details, such as your name, telephone number and e-mail address, as well as certain information about your needs or preferences.

                                  - Customer support questions, general comments you choose to provide.

                                  - Any other personal information provided.

This information is collected to help us learn more about your needs, preferences and interactions with our Site and the services we offer, to perform statistical, market and performance research to help us evaluate our Site and services, measure our performance and improve the experiences and services we offer. 

                     Customers (potential, current or past)

When you request information about our products and services, request a quote and/or purchase products, we may collect information about you as described below:

                                  - Your last name, first name, postal address, telephone number, e-mail address, banking information, language and any other information you feel is relevant.

This information is collected in order to:

                                  - Manage your file, communicate with you and maintain your customer account;

                                  - Process payments;

                                  - To send you information about the various products and services we offer or information you have requested, or to respond to your requests and questions;

                                  - Communicate with you (by telephone, alert, e-mail, mail or otherwise) and provide you with promotional materials and additional information about our services, products, surveys, contests, promotions and special offers, as well as provide customer service;

                                  - Carry out statistical, market and performance research to help us evaluate our services, measure our performance and improve the experiences and services we offer.

When we develop software for you, we may collect information about you which is described below:

                                  - All the above information;

                                  - We may, in the course of development, have access to certain personal information about your employees, applicants, service providers or others depending on the information we need to create the custom software for you, but this personal information will never be collected by us.

This information may be collected in order to ds software development.

In order to reproduce your software for the purpose of solving a problem with the software we have developed for you, we may have access to information about you, your employees, applicants, service providers or others, which is described below:

                                  - All the above information;

This information may be collected in order tosolving your software problem

                      Job applicants

When you apply for a job with the Company, we collect Personal Information about you by e-mail, telephone or in person, which is described below:

                                  - Your last name, first name, mailing address, personal telephone or cell phone number, personal e-mail address, language, professional background and training, copy of identification, telephone number and name of a reference, and any other information deemed relevant to the recruitment process and the position sought. This Personal Information is collected as part of the recruitment process in order to analyze the file, communicate with the applicant and check references, if any.

                      Employees

When you are an employee of the Company, we collect Personal Information about you by e-mail, telephone or in person, which is described below:

                                  - Your last name, first name, date of birth, social insurance number, mailing address, personal telephone or cell phone number, personal e-mail address, banking information, language, professional background and training, copy of identification, telephone number and name of a reference person and emergency contact, and any other information deemed relevant to the hiring and position.

This Personal Information is collected in order to create and manage the employee's file.

                       Surveys, events and marketing information

If you choose to participate in our surveys, contests, events and information requests, we may collect information about you in connection with the survey, contest, information request or event including, without limitation, your name, e-mail address, telephone number; and general information about you that you choose to provide. We may also use your personal information for marketing purposes.

                       Phone calls

If you contact us by telephone, we may record the call and ask you to provide contact information such as your name, address, telephone number and e-mail address. This information is used to identify you so that we can serve you better.

                       Visit our offices

If you visit our offices, you may be asked to register as a visitor and provide your name, e-mail address, telephone number, as well as the time and date of your arrival. This information is collected for security reasons, in order to keep track of who comes and goes on Company premises. 

• Communication

The Company limits the communication and disclosure of your Personal Information to purposes other than those mentioned above, but note the following clarifications and exceptions:

                       Application of the law

We may share your Personal Information to respond to law enforcement requests, court orders or other legal process or if we believe that such disclosure is necessary to investigate, prevent or respond to illegal activities, fraud, physical threats or as required by any other applicable law or regulation and to the extent necessary to protect the Company's property, interests and rights.

                     Archive service

We may share your Personal Information with a company engaged in the business of preserving documents for their general informational value.

                      Our employees and authorized service providers

Our employees may have access to your Personal Information in order to help us provide services to you. They access and use such Personal Information in accordance with our instructions, only on a need-to-know basis, and under strict confidentiality and security obligations. Please be assured that our employees handle such information with the utmost discretion and care, and comply with this Policy and all applicable legal and regulatory requirements.

When you provide Personal Information to the Company, you grant us the right to share your Personal Information with authorized service providers acceptable to us, who will use this information to help us respond to your requests and perform services. Please note that we will only share the Personal Information necessary to use these third-party services, solely for the purpose of providing the services to you, and that we will ensure that these authorized service providers agree to keep this information confidential and secure. Service providers retain the information they need to perform the functions for which they have been appointed and we do not authorize these third parties to use or disclose your Personal Information for their own marketing or other purposes. This does not apply to our customers, only to our employees.

For customers, when you provide Personal Information to the Company, we act as authorized service providers and will only use this information to respond to your requests and to perform services. We are committed to keeping this information confidential and secure, and will not disclose your Personal Information under any circumstances.

                        Commercial transaction

The Company may be involved in (1) the sale or lease of all or substantially all of its business and/or assets, (2) the modification of its legal structure by merger or otherwise, (3) a transaction to obtain a loan or other form of financing, and (4) any other similar transaction (individually and collectively the "Transaction"). As part of such Transaction, we may transfer or disclose your Personal Information to the counterparty organization, actual or potential, but we will require such organization to agree to protect the confidentiality of your Personal Information in a manner equivalent to this Policy.

                        Statistics and aggregate reports

We may use Personal Information in a de-identified form, for example, for statistical, analytical, calibration, management and quality improvement purposes in connection with the Site and the services offered therein, or for the development or provision of other products and services by the Company or for the benefit of all users of the Site generally. The Company guarantees, however, that this aggregated and depersonalized data will never allow you to be identified in any way whatsoever.

                        Explicit consent

The Company may disclose your Personal Information only if you expressly request or consent to such disclosure.

4. TRANSFER OF PERSONAL INFORMATION ABROAD

Please note that your Personal Information is currently hosted in Quebec.  In the future, we may engage third-party service providers to process, manage and host Personal Information on our behalf, which may be located outside Canada. As a result, some of your Personal Information may be transferred to another province or country and may be subject to the laws of that province or country.

However, we take care to protect the Personal Information in our custody, including Personal Information entrusted to a service provider, whether located in Quebec or abroad. Our policies and practices regarding the protection of Personal Information require that a written undertaking be signed by this service provider to respect its obligation to preserve the confidentiality and security of the Personal Information entrusted to it. This includes implementing robust and effective security measures, as well as prohibiting the disclosure, transfer or use of your Personal Information to others in accordance with the applicable privacy legislation in the province of Quebec. 

5. PROTECTION OF PERSONAL INFORMATION

We take appropriate measures to ensure the confidentiality of Personal Information and to protect such Personal Information against loss, as well as unauthorized access, disclosure, copying, use or modification, taking into account, in particular, the sensitivity of the information and the purposes for which it is to be used.

The Company uses commercially reasonable and appropriate physical, electronic and managerial procedures and generally accepted industry standards to safeguard and secure the Personal Information we collect.  In addition, the Personal Information we hold is therefore only accessible to persons who are entitled to know about it and who consult it only when necessary for the performance of their duties.  To this end, we restrict access to our offices and computer equipment, train our staff and require our agents and suppliers of goods and services with access to Personal Information to sign confidentiality agreements and implement equivalent security measures.

Please note, however, that since no mechanism offers maximum security, using the Internet to transmit, create or host Personal Information always involves a certain amount of risk.  If you believe that your Personal Information has been compromised, we invite you to contact our Privacy Officer at the coordinates appearing in section 15 of this Policy.

6. MINORS

The Company does not knowingly collect Personal Information from persons under the age of 18.  If a minor under the age of 14 wishes to use our Site, our services or otherwise contact us, we will not collect Personal Information from that minor without the consent of the parent or guardian. If we become aware that we have unintentionally collected Personal Information from persons under the age of 14 without the consent of their parent or guardian, we will ensure that such information is deleted from our records as soon as possible. If you are the parent or guardian of a minor under the age of 14 and you are aware that your minor child has provided us with Personal Information, we invite you to contact our Privacy Officer using the contact information provided in Section 15 of this Policy so that we may take appropriate action. 

7. CONSERVATION PERIOD

With the exception of non-identifiable and de-identified information which we may retain in perpetuity and in any reasonable location, the Company will host and retain your Personal Information for as long as is necessary for the purposes set out in this Policy and to ensure we comply with our legal and regulatory obligations.

If you wish to learn more about how long we keep your Personal Information, we invite you to contact our Privacy Officer, whose contact information appears in section 15 of this Policy.

8. ACCESS, RECTIFICATION, UPDATING OF PERSONAL INFORMATION AND WITHDRAWAL OF CONSENT

You have the right to access and obtain copies of your Personal Information. You also have the right to update, rectify and correct any Personal Information that you believe is inaccurate or incomplete. You may also request that we cease disseminating Personal Information about you, or that we de-index any hyperlink attached to your name that allows access to such Personal Information by any technological means, where its dissemination contravenes the Act or a court order. You may do the same, or demand that the hyperlink providing access to Personal Information be re-indexed, if certain conditions provided for in the Act are met.

To do so, please submit a written request to the Privacy Officer at the address indicated in section 15, who will reply in writing within 30 days of the date of receipt of any such request.

If you wish to obtain copies of your Personal Information, we may charge you a nominal fee, which will be disclosed to you in advance, simply to cover the cost of transcription, reproduction and/or transmission.

Subject to legal and contractual restrictions, if any, you may at any time withdraw your consent to the use or disclosure of Personal Information collected about you.

9. ELECTRONIC COMMUNICATIONS (E-MAIL)

Your e-mail address may be used to send you electronic communications from time to time as well as to send you promotional materials or documents regarding services that we believe may be of interest to you. At any time, you may ask us to stop sending you electronic communications by contacting the Company's Privacy Officer at the coordinates appearing in section 15 of this Policy or by using the "unsubscribe" instructions appearing at the bottom of such communications, as the case may be. 

10. COOKIES AND OTHER TRACKING TECHNOLOGIES ON OUR SITE, THROUGH OUR SERVICES AND IN E-MAIL COMMUNICATIONS.

We use common information collection tools, such as usage data collection tools, cookies and similar technologies to automatically collect information that may contain Personal Information from your computer or mobile device when you browse our Site or interact with emails we have sent to you.

By accessing and browsing our Site, you consent to the use of cookies in accordance with the terms of this Policy and the Site's Terms of Use. You can control and manage cookies in a number of ways. Please be aware that deleting or blocking cookies may have a negative impact on your user experience and some parts of our Site may no longer be fully accessible. On your first visit to the Site, a cookie management window will appear, offering you the opportunity to make certain choices regarding the collection of cookies. Thereafter, you will always be able to modify your initial choices through your browser controls, which are often found in the "Tools" or "Preferences" menu of your browser.

11. MODIFICATIONS TO THIS POLICY

The Company reserves the right to make changes to this Policy at any time. Such changes will be posted on the Site and will be effective immediately upon posting. We will take reasonable steps, if necessary, to notify you of any material changes.

You may contact our Privacy Officer at the address or numbers listed in Section 15 of this Policy to obtain an up-to-date copy of the Policy.

12. COMPLAINTS HANDLING PROCEDURE 

• Scope of application

This procedure applies to personal information held by the Company as well as to any person handling such information.

• Confidential treatment of complaints

In handling complaints, the Company is committed to respecting the confidentiality and protecting the personal information it holds throughout its life cycle, from collection to destruction.

All complaints are treated as confidential. Only the information required to deal with the complaint will be shared with those members of the Company's staff who need to know about it in the course of their duties. 

• Receipt of complaint

Any complaint concerning the management of personal information must be made in writing and addressed to the Privacy Officer by e-mail at prp@innovationmobile.ca

Any employee who receives a complaint must immediately inform the Privacy Officer.

• Admissibility of a complaint

For a complaint to be admissible, it must meet the following criteria:

                                - it is formulated by a natural person;

                                - it concerns dissatisfaction with a practice, an action or inaction on the part of the Company with respect to the management or protection of the personal information it holds about you;

                                - it contains the following elements:

                                                     surname, first name and contact details of the person concerned;

                                                     a sufficiently precise description of the problematic situation; and

                                                     the corrective action(s) required, if any.

Complaints that are anonymous, abusive, frivolous, defamatory, contain hate speech, have no obvious basis or do not contain the information required for processing may be rejected. However, a justification will be provided to the Person concerned.

• Complaint investigation and analysis

A separate file will be created for each complaint received, where applicable. The file will contain the complaint, the analysis and documentation supporting its evaluation, as well as the response sent to the person concerned.

The Privacy Officer conducts a thorough investigation by gathering evidence, interviewing the parties involved and collecting all relevant documents.

The Privacy Officer must be impartial and have the authority to resolve the complaint.

• Complaint resolution

                       Complaint inadmissible

  The Privacy Officer informs the person concerned, in writing, when his or her complaint is inadmissible. The letter specifies why the complaint is inadmissible. 

                       Determining the merits of a complaint

If the complaint is admissible, the Privacy Officer proceeds to process it. After analyzing the complaint and gathering all the relevant facts, he or she determines whether or not it is well-founded.

A complaint is justified when the Privacy Officer concludes that there has been an error or failure to comply with laws, regulations or policies governing the management and protection of personal information by the Company.

If the complaint is well-founded, the Privacy Officer will propose corrective measures or action to be taken as soon as possible.

A complaint made under this procedure does not entitle the person concerned to financial compensation.

• Complaints processing time

The Company will have thirty (30) days to analyze each complaint.

The Company undertakes to make every reasonable effort to process each complaint within thirty (30) days. However, in the event that the complaint cannot be processed within this period, the person concerned will be informed of the reasons justifying the extension of the deadline, the progress made in processing the complaint and the reasonable time required to provide a definitive response.

• Communication with the person concerned

The Privacy Officer communicates regularly with the person concerned to keep him or her informed of the progress of the investigation and resolution of the complaint.

All communications must be professional, empathetic and respectful.

• Closing the complaint

Once the complaint has been resolved, all information and documents relating to the complaint must be kept in a confidential file to which only the Privacy Officer has access.

The Privacy Officer shall maintain and update a Privacy Complaints Register.

You may also file a complaint in writing to the Commission d'accès à l'information - Direction de la surveillance at the following address: 900-2045, rue Stanley, Montréal, Québec, H3A 2V4 or by e-mail at cai.communications@cai.gouv.qc.ca. However, we invite all interested parties to first contact the Privacy Officer and wait until the Company has completed its complaint handling process.

13. QUESTIONS, COMMENTS AND PRIVACY OFFICERS

The Company is responsible for Personal Information in its custody or control and has designated an individual who is accountable for compliance with this Policy and applicable privacy legislation.

If you have any questions or comments regarding this Policy and the Company's personal information practices, we invite you to contact our Privacy Officer at the following coordinates:

Innovation Mobile inc.

Privacy Officer

165B rue Saint-Paul

Saint-Jean-sur-Richelieu, QC

J3B 1Z8

E-mail : prp@innovationmobile.ca

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