TERMS AND CONDITIONS AND PRIVACY AGREEMENT

EMPOWER PRIVACY POLICY

Last updated date: November 2020

INTRODUCTION

7960786 Canada Inc., doing business as empower (“Empower” or “We”) provides a software-as-a-service solution which consists of a suite of online marketing and management tools which include i) tools to help store, organize, manage, review, share and reuse any client data (the “Marketing Vault”), (ii) tools to monitor your ongoing marketing campaigns and evaluate results, (iii) tools for engaging with you through its system of notifications to better understand your business, ask questions about your business, send you information about your industry, the marketing world and statistics about how you’re performing and (iv) recommendations to optimize your marketing dollar (collectively, the “Digital Marketing Assistant Services”). Empower can also provide Additional Marketing Services (the Digital marketing assistant services and the Additional marketing services are hereinafter collectively referred to as the “Services”). Empower also provides a website at the following address: https://empower.social/ (the “Website”).

By using the Website and the Services we may have access and may collect certain information relating to an identifiable individual, such as a identifiers, professional or employment-related information, financial account information, commercial information, visual information, and internet activity information (“Personal Information”). This privacy policy (the “Privacy Policy”) sets out what Personal Information we may collect from you, the purposes for which we collect it, how we use it and when we may disclose it to third parties. This Privacy Policy also describes the choices you can make about how we collect, use and disclose your Personal Information.

By accessing and browsing our Website or subscribing, using and paying the Services, you hereby consent and agree to the collection, use and disclosure of your Personal Information in accordance with this Privacy Policy.

  1. WHAT INFORMATION WE COLLECT

Using our Services

We collect the following information when you use our Services:

Account information:

  • Your contact and profile information including your name, email address, organization name, and address; your preferences such as language, time zone, and the types of communication you would like to receive from us.
  • Billing and other payment information, including billing name and address, payment method details, such as credit card number or bank account information.
  • The Services you have acquired from us, including the type of plan and transaction information related to the Services.

Content:

  • Depending on your choices, you may send us Personal Information about yourself, your business and/or others such as your email address, name, mailing address, phone number, birthday and gender.
  • Depending on what activity you choose to participate in our Services, you may be asked for additional information, including opinions, evaluations, comments, business information or industry related information.
  • Information you store in our Marketing Vault, may contain Personal Information.

Logs, usage, and support data:

  • Log data, which may include your IP address, the pages you visit within our Services, the date and time when you used the Services, the address of the web page you visited before using the Services, the URL that referred you to our Services, your browser type and settings, your device information (such as make, model, and OS), information about your browser configuration, language preferences, unique identifiers and cookies.
  • Usage data and analytics, which may include the frequency of login, which feature you are using, for how long and when and the different types of activity undertaken by users, and demographic information, such your gender and age, which we may prompt for you for.
  • General Location information, such as IP address and the region in which you are located when you are logging in and using the Services.
  • Customer support questions, issues, and general feedback that you choose to provide.

Surveys, events, and marketing information

If you choose to participate in our surveys, contests, events, information request, we may collect information about you related to the survey, contest, information request or event; your contact information, such as your name, email address, telephone number, organization name and address; and general information about your organization that you choose to provide, such as annual company revenue, number of employees, your business, your marketing needs and initiatives and your industry.

We may also use service providers to obtain additional business related information about your business such as the organization’s legal name, size, and publicly available revenue, to assist us in offering services that are appropriate to your organization’s needs.

Using our Website or interacting with us via emails

When you browse our Website or interact with us via emails, we collect information about you as described below, some of which is collected automatically:

  • When you use automated chat functionality (chatbots) to make an inquiry or other request, we may collect information about you such as your name and email address, your specific request, and information related to your use of our Website.
  • Log data, which may include your IP address, the pages you visit within the Website, the date and time when you visited the Website, the address of the web page you visited before using the Website, the URL that referred you to our Services, your browser type and settings, your device information (such as make, model, and OS), information about your browser configuration, language preferences, unique identifiers and cookies.
  • Usage data and analytics, which may include the frequency of login, which feature you are using, for how long and when and the different types of activity undertaken by users, and demographic information, such your gender and age, which we may prompt for you for.
  • General Location information, such as IP address and the region in which you are located when you are logging in and using the Services.
  • If you express an interest in obtaining additional information about our services; use our “Contact US” or “I’m interested” or similar features; register to receive information from us via our Website; sign up for an event, webinar or contest; or download certain content, we may require that you provide to us your contact information, such as your name, job title, company name, address, phone number, email address.
  • Customer support questions, issues, and general feedback that you choose to provide.

 

Phone calls

  • If you communicate with us via a phone call, we may record that call and required that you provide to us your contact information such as your name, job title, company name, address, phone number, email address.

Visits to our offices

  • If you visit our offices, you may be required to register as a visitor and to provide your name, email address, phone number, company name and time and date of arrival. Additionally, due to the COVID-19 pandemic, you may be required to provide information regarding your health status, including your temperature, COVID-19-related symptoms, exposure to COVID-19 positive individuals, and recent travel history.

If you provide us or our service providers with any Personal Information relating to other individuals, you represent that you have the authority to do so, and where required, have obtained the necessary consent, and acknowledge that it may be used in accordance with this Privacy Policy.

Personal Information we collect from other sources

We also collect information about you from other sources including third parties from whom we purchase Personal Information and from publicly available information.  We may combine this information with Personal Information provided by you. This helps us update, expand, and analyze our records, identify new customers, and create more tailored advertising to provide services that may be of interest to you. The Personal Information we collect from other sources includes identifiers, professional or employment-related information, education information, commercial information, visual information, internet activity information, and inferences about preferences and behaviors. In particular, we collect such Personal Information from the following sources:

  • Third party providers of business contact information, including mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), IP addresses, social media profiles, LinkedIn URLs and custom profiles, for purposes of targeted advertising, delivering relevant email content, event promotion and profiling, determining eligibility and verifying contact information; and
  • Another individual at your organization who may provide us with your business contact information for the purposes of obtaining services.
  1. COOKIES, WEB DEACONS AND OTHER TRACKING TECHNOLOGIES ON OUR WEBSITE, THROUGH OUR SERVICES AND IN EMAIL COMMUNICATIONS

We use common information-gathering tools, such as tools for collecting usage date, cookies, web beacons and similar technologies to automatically collect information that may contain Personal Information from your computer or mobile device as you navigate our Website, our Services or interact with emails we have sent to you.

By accessing and browsing on our Website and using our Services, you consent to the use of cookies in accordance with the terms of this Privacy Policy. You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as: www.allaboutcookies.org.

  1. WHY IS YOUR INFORMATION BEING COLLECTED AND HOW IT IS USED

Empower shall collect and use your Personal Information to i) provide the Services to you, including processing your payments, helping you optimize your digital marketing campaigns and recommend personalized digital marketing strategies; (ii) manage your account and communicate with you; (iii) facilitate communications including by collecting information about your device data, your phone number and the content of your text messages; (iv) communicate with you (through your mobile apps, phone, alert, email, post or otherwise) and present you with advertising materials and additional information about our services, products, surveys, contests, promotions and special offers; (vi) help us learn more about your preferences and interactions with our Service; and (vii) conduct statistics, market and performance research to help us evaluate our Service, measure our performance and improve the experiences, services and products we offer.  Empower will not use your Personal Information for purposes other than those indicated herein.

We keep your Personal Information secured, encrypted and confidential and we do not disclose it, but note the following clarifications and exceptions:

  • Law enforcement: 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 to you or others or as otherwise required by any applicable law or regulation and to the extent necessary to protect property, interests and rights of Empower.
  • Aggregated Statistics and Reports: We freely use and disclose data in anonymous form, for example, for statistical, analysis, calibration, quality management and improvement purposes in relation to the Services, or for the development or delivery of other products and services by Empower or for the benefit of all its Service users in general.
  • Our employees and authorized independent contractors (“Authorized Personnel”): Authorized Personnel may have access to your Personal Information for the purpose of helping us provide the Services. Authorized personnel access and use such Personal Information in accordance with our instructions, on a “need to know” basis, and under defined strict confidentiality and security obligations.
  • Business transfers: Empower may be involved in the sale of all or substantially all of its business or any other similar transaction. As part of that transaction, we may assign or disclose your Personal Information to the acquiring organization, actual or potential, but will require such organization to agree to protect the privacy of your Personal Information in a manner constituent with this Privacy Policy.
  • Express consent: Empower shall also disclose your Personal Information at your express request.
  1. YOUR PERSONAL INFORMATION AND THIRD PARTIES

The Services or our Website may refer, integrate or link to third-party sites, including the third-party partners of Empower, including Facebook, Google Ads, Google Clouds, IBM Watson, LinkedIn Marketing Partners, Unbounce and any third-party partner referred to at : https://empower.social/third-party-applications/  (collectively the “Third-Party Partners”). These third-party sites (“Third-Party Sites”), which links are provided to you for your convenience only and are not under our control. Such Third-Party Sites are governed by their respective privacy policies and terms and may collect your Personal Information. The Third-Party Sites are not developed, sold or designed by Empower. Therefore, Empower does not warrant and is not responsible for the collection, use and disclosure of your Personal Information made by Third-Party Sites. This Privacy Policy does not apply to the practices of third parties and Empower assumes no responsibility for your use of such websites or your access to Third-Party Sites through the Services or the Website.  By using the Services or our Website, or accessing Third-Party Sites through our Services or our Website, you hold Empower harmless for any actions, practices and omissions of these third parties. Please review the privacy policy of each Third-Party Site you visit. We do not rent or sell your Personal Information to third parties.

Furthermore, by subscribing to the Services, you grant Empower the right to share your Personal Information with third party service providers that we deem acceptable who will use the information to help us respond to your requests and to perform the Services. These third-party service providers will help us optimize your digital marketing campaigns and recommend personalized digital marketing strategies. Please not that we will share only the Personal Information that is required for the use of such third party services solely in the intent of providing the Services to you, We will also make sure that these third-party providers have privacy policies in place. We will furthermore use our best efforts to inform you of such third-party service providers. Such third-party service providers are governed by their respective privacy policies and terms. They are not developed, sold or designed by Empower. Therefore, Empower does not warrant and is not responsible for the collection, use and disclosure of your Personal Information made by these third-party providers. This Privacy Policy does not apply to the practices of these third parties.

  1. MINORS

Our website is designed for use by individuals over 18 years old and over.  Empower does not knowingly collect Personal Information from children under the age of 18. Persons under the age of 18 should not use the Services or Website, not provide Empower with Personal Information. If we learn that we have collected Personal Information from anyone under the age of 18, we will ensure that it is removed from our records as quickly as possible.

  1. PERSONAL INFORMATION PROTECTION

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

Empower uses commercially reasonable and appropriate physical, electronic, and managerial procedures to safeguard and secure the Personal Information we collect. However, since no mechanism offers maximum security, there is always some risk involved when using the Internet to transmit, create or store Personal Information.

In addition, every Empower Authorized Personnel must comply with this Privacy Policy.

CONSERVATION PERIOD

Except for non-identifiable and anonymized information which Empower may store in perpetuity and in any reasonable location, Empower shall host and store your Personal Information for a maximum of one (1) year after you delete your account or ask for the deletion of your account or after you stop paying for the Services. After such period, Empower will delete your stored Personal Information.

  1. ACCESS AND UPDATE OF PERSONAL INFORMATION

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. To do so, please contact our Privacy Officer at: [email protected]

  1. WITHDRAWAL OF CONSENT AND OPT-OUT

If you do not agree with our methods of using your Personal Information as set out in this Privacy Policy, you may withdraw your consent to the use, collection and disclosure of your Personal Information. To do so, please contact Empower’s Privacy Officer at [email protected]. Additionally, we routinely provide “Opt Out” or “Unsubscribe” instructions on our electronic communications to provide for your removal from future electronic communications.

  1. ELECTRONIC COMUNICATIONS (E-MAILS)

Your email address may be used to send you electronic communications from time to tome. At any time, you may ask us to stop sending you electronic communications by contacting [email protected] or using the “unsubscribe” provided at the bottom of such communication.

  1. AMENDMENTS TO THIS PRIVACY POLICY

We reserve the right to amend or change this Privacy Policy at any time without notice to reflect changes in our practices, technologies, legal requirements and other factors. In the event that material changes are made to this Privacy Policy, we will alert you of such changes through our website and our Services within a reasonable period of time before they become effective. By using the Services or our website, you agree to be bound by the version of the Privacy Policy posted on the date you used any of our Services or website.  In all cases, we encourage you to regularly consult our Services or website to stay informed about any amendments or changes brought to this Privacy Policy.

Any changes or modifications to this privacy policy will take immediate effect upon posting of the amendments or changes or as indicated in any notice of amendment thereto. When we make changes to this Privacy Policy, we will revise the “last updated” date indicated at the beginning of this Privacy Policy.

  1. TERMS AND CONDITIONS OF SERVICES

The Terms and conditions of use of the Services governing your use of the Services, which are available at www.empower.social (and which may be viewed directly in the software) contains important provisions disclaiming and excluding the liability of Empower and others in relation to your use of the Services, and provisions determining the applicable law and exclusive jurisdiction for the resolution of any disputes regarding your use of the Services. Each of those provisions also applies to any disputes that may arise in relation to this Privacy Policy and the collection, use and disclosure of your Personal Information, and are of the same force and effect as if they had been reproduced directly in this Privacy Policy.

  1. DO NOT TRACK

While many current browsers permit you to send a signal to us about your Do Not Track preferences, we do not respond or support Do Not Track signals sent from your browser.

  1. INFORMATION, COMMENTS, CONCERNS AND COMPLAINTS

To get the best use of the Services, please keep your information accurate, current, and complete by routinely updating your account profile.

If you have any questions, comments, concerns or a complaint regarding this Privacy Policy and Empower’s privacy practices, please contact our Privacy Officer, at the following coordinates:

Empower
3-400, Place Ville-Marie
Montréal, (Québec)
H3B 2E3

Email : [email protected]

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