UPSTREAM WORKS SOFTWARE PRIVACY POLICY

We, at Upstream Works Software, Ltd., Inc. (“Upstream Works”, “we” or “us”), value the trust that you have shown in our business and, in turn, we are committed to maintaining the accuracy, confidentiality, and security of your personal information. To that end, we have adopted this privacy policy.

This Privacy Statement applies to all services and products provided/performed by Upstream Works. This statement will outline the type of information we may collect, how it may be used and how you may control and access it.

For purposes of this privacy policy, “personal information” shall mean any information that can identify an individual directly or through other reasonably available means, and such other information defined to be personal information in applicable laws relating to the protection of personal information.

INFORMATION COLLECTION

At Upstream Works, we gather and use personal information to process your orders for the purchase of software licenses, services and other products and to facilitate and ensure the delivery of products purchased and services requested and to process payment of such orders.

We also use the personal information you have provided to us to communicate with you about your purchases, to respond to any inquiries you make, to manage your account and safeguard our respective interests. We will send you important notices, and respond to any special needs or enquiries you may have. We may also send you information about other products and services in which we believe you may be interested.

We only use personal information for the purposes that we have disclosed to you. If for any reason your information is required to fulfill a different purpose, we will obtain your consent before we proceed.

By providing personal information to us or authorizing a third party to provide your personal information to us, you signify your consent to Upstream Works’ collection, use and disclosure of your personal information in accordance with this privacy policy.

TYPES OF INFORMATION WE COLLECT

Typically, businesses are the ones who purchase our licenses and services. In those instances, no personal information is collected. However, on the rare occasion, an individual may purchase a license or service for personal use, or an individual may use his or her own credit card (and not the business’s credit card) or otherwise submit his or her own information instead of the business’s information, to place an order or communicate with us. In those instances, personal information may be collected. The type of personal information we may ask for depends on and is related to the reason (or purpose) such personal information was provided to us. For instance, in order to process and deliver orders for products and services purchased or requested from Upstream Works, we will collect your name, credit card information, email address and other similar pieces of information related to the individual purchasing the order.

In addition to the foregoing, the following is a description of other types of information (personal and non-personal) we may ask for:

  • Your name, job title, contact information including email address, address, or any information provided to us including during registration, as part of an email list and through “contact us” feature
  • Company information
  • Applicable telephone numbers
  • demographic information such as postcode, preferences and interests, other information relevant to customer surveys and/or offers

The choice to provide us with your personal information, either directly or through a third party, is always yours. However, your decision to withhold particular information may result in limiting our ability to provide you with the services or products you requested.

HOW WE COLLECT SUCH PERSONAL INFORMATION

Non-personal information may be used to improve our Services. Non-personal information may also be used to tailor the Services to enhance your experience. We may gather such personal information from you via email, Internet, in person, over the telephone, via mail, facsimile, or from third parties who we reasonably believe have your authority to disclose such personal information to us.

Through the use of website cookies (very small text file that is added to your hard drive from a web page), we monitor the ads you see and the number of times these ads are seen. Through the use of these cookies, we are able to capture standard web traffic information such as time, date, IP address and browser, but in no circumstance do we (or the cookies) capture any information that can identify you as an individual.

While we try to ensure that every third party who discloses personal information to us has your consent to do so, if you believe that a third party has inappropriately disclosed your personal information to us, please contact that third party. If they do not adequately respond to your inquiries, please let us know immediately.

For purposes of maintaining quality service, calls to our customer service lines may be recorded. A recorded message given prior to your call being answered will let you know if your call may be the subject of our random call recording quality assurance program.

Any personal information collected through the Services will only be used for the purposes for which it was collected and/or as required by law.

UPSTREAM WORKS WEBSITE

When you visit our web site, information is not collected that could identify you personally unless you choose to provide it voluntarily. You are welcome to browse the website at any time anonymously and privately without revealing any personal or financial information about yourself.

ACCOUNTABILITY – We will maintain and protect the personal information under our control.

IDENTIFYING PURPOSES – The purposes for which personal information is collected by us will be identified to you before or at the time the information is collected.

CONSENT – Except where required or permitted by law your informed consent is required for our collection, use or disclosure of your personal information.

LIMITING COLLECTION – The personal information collected by us shall be limited to those details necessary for the purposes identified to you.

LIMITING USE, DISCLOSURE AND RETENTION – We will only use or disclose your personal information in accordance with the purposes for which it was originally collected unless you have otherwise consented, or when it is required or permitted by law. We will retain your personal information only for so long as is required to fulfill the purpose for which it was collected or as required by law.

ACCURACY – We shall make every reasonable effort to ensure your personal information is maintained in an accurate, complete and up-to-date form.

SAFEGUARDING CUSTOMER INFORMATION – We shall utilize no less than industry standards security safeguards to protect your personal information.

CUSTOMER ACCESS – Upon your request, we shall inform you of: (i) the type of personal information we have collected; (ii) how we have used your personal information in the past, and how we may in the future; and (iii) whether or not we have disclosed your personal information to any third parties (and, if so, to whom). Individuals may verify the accuracy and completeness of their personal information, and may request that it be amended, if appropriate.

Please note that before we are able to provide you with any information or correct any inaccuracies we may ask you to verify your identity and to provide other details to help us to respond to your request.

WHEN INFORMATION MAY BE DISCLOSED TO OUTSIDE PARTIES

Except as specifically provided for in this privacy policy, we do not disclose any personal information to third parties. The following are the limited instances where we may disclose your personal information to third parties:

  • to facilitate the processing of your order and delivery of the purchased products and services;
  • to investigate potentially fraudulent or questionable activities regarding your account(s) or the use of our products or services;
  • to offer you related products and services that might benefit you;
  • in anticipation of and in the course of an actual or potential sale, reorganization, consolidation, merger or amalgamation of our business; and
  • when required or permitted by

The type of information we are legally required to disclose may relate to criminal investigations or government tax reporting requirements. In some instances such as a legal proceeding or court order, we may also be required to disclose certain information to authorities. Only the information specifically requested is disclosed and we take precautions to satisfy ourselves that the authorities that are making the request have legitimate grounds to do so.

There are some situations where we are legally permitted to disclose personal information such as employing reasonable and legal methods to enforce our rights or to investigate suspicion of illegal activities.

OUR EMPLOYEES AND YOUR PERSONAL INFORMATION

In the course of daily operations, access to private, sensitive and confidential information is restricted to authorized employees who have a legitimate business purpose and reason for accessing it. For example, when you call us, our designated employees will access your information to verify who you are and to assist you in fulfilling your requests.

Unauthorized access to and/or disclosure of personal information by an employee of Upstream Works is strictly prohibited. All employees are expected to maintain the confidentiality of personal information at all times and failing to do so will result in appropriate disciplinary measures, which may include dismissal.

HOW WE SAFEGUARD YOUR INFORMATION

We use industry standard technologies and maintain current security standards to ensure that your personal information is protected against unauthorized access, disclosure, inappropriate alteration or misuse.

Electronic customer files are kept in a highly secured environment with restricted access. Paper-based files are stored in locked filing cabinets. Access is also restricted.

We manage our server environment appropriately and our firewall infrastructure is strictly adhered to. Our security practices are reviewed on a regular basis and we routinely employ current technologies to ensure that the confidentiality and privacy of your information is not compromised.

ACCESSING AND AMENDING YOUR INFORMATION

You have the right to access, verify and amend the information held in your personal files. You may access and verify any of your information by calling our customer support center at 1.905.660.0969.

To help us keep your personal information up-to-date, we encourage you to amend inaccuracies and make corrections as often as necessary. Despite our efforts, errors sometimes do occur. Should you identify any incorrect or out-of-date information in your file(s), we will make the proper changes. Where appropriate, we will communicate these changes to other parties who may have unintentionally received incorrect information from us.

QUESTIONS, CONCERNS AND COMPLAINTS

If you have a question about the privacy policies stated on this site, please call us at 1.905.660.0969.

If you have a concern or complaint about privacy, confidentiality or the personal information handling practices of Upstream Works, our employees or service suppliers, please contact: Upstream Works Software, Ltd., 8000 Jane Street, Tower A, Suite 401, Vaughan, ON Canada L4K 5B8 1.905.660.0969 |  info@upstreamworks.com

Before Upstream Works is able to provide you with any information or correct any inaccuracies, however, we may ask you to verify your identity and to provide other details to help us to respond to your request. We will endeavor to respond within an appropriate timeframe.

UPDATING THIS PRIVACY POLICY

Any changes to our privacy policy and information handling practices will be acknowledged in this policy in a timely manner. We may add, modify or remove portions of this policy when we feel it is appropriate to do so. You may determine when this policy was last updated by referring to the modification date found at the bottom of this privacy policy.

WEBSITES GOVERNED BY THIS PRIVACY POLICY

The website that is governed by the provisions and practices stated in this privacy policy is: www.upstreamworks.com.

The Upstream Works website may contain links to other third party sites that are not governed by this privacy policy. Although we endeavor to only link to sites with high privacy standards, our privacy policy will no longer apply once you leave the Upstream Works website. Additionally, we are not responsible for the privacy practices employed by other third party websites. Therefore, we suggest that you examine the privacy statements of those sites to learn how your information may be collected, used, shared and disclosed.

GOVERNING LAW AND DISPUTE RESOLUTION

This Privacy Policy, and all related matters are governed solely by the laws of the Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.

Any claim or cause of action you may have arising from, connected with, or relating to this privacy policy or Upstream Works’ handling of your personal information, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.

HANDLING CUSTOMER COMPLAINTS AND SUGGESTIONS

Customers may direct any questions or enquiries with respect to the Privacy Statement or about our information handling practices by contacting:

Upstream Works Software, Ltd., 8000 Jane Street, Tower A, Suite 401, Vaughan, ON Canada L4K 5B8 1.905.660.0969 | info@upstreamworks.com

CONTACT US

If you have any questions, feedback or comments regarding this Privacy Statement, please feel free to contact us at info@upstreamworks.com.

Last revised July 6, 2016