Upstream Works Privacy Statement

Upstream Works Software Ltd. (“Upstream Works”, “we” or “us”) is committed to maintaining the accuracy, confidentiality and security of your personal information. This Privacy Statement outlines how we handle information that can be used to directly or indirectly identify an individual (“Personal Data”) in accordance with applicable legislation.

Upstream Works’ general commitments to privacy are that:

• We will only collect, keep, use, and share data for the legitimate purposes that are explained below, or if we are legally obligated to do so.
• We will retain your data only as long as is required, and during that period, we will take appropriate measures to secure it, and will provide you with the means to keep it up to date.
• We will be as clear as possible with you regarding what data we collect and how it will be processed.

A. General Information

When does this Privacy Statement apply?

This Privacy Statement applies to Personal Data that you provide to us or which is derived from the Personal Data as outlined below.

Who is the Data Controller?

For residents of the European Economic Area (“EEA”), Upstream Works Software Ltd, 7777 Weston Road, Suite 1000, Woodbridge, Ontario, Canada L4L 0G9 (“Upstream Works”) is the data controller for purposes under the General Data Protection Requirements (“GDPR”) and similar data protection legislation. Where a registration form is presented on this website, the data controller may vary depending on the purpose of the data collection.

What does Upstream Works do with your Personal Data?

Upstream Works will process your Personal Data based on one or more of the following grounds:

• as required by applicable data protection law (see Section B below).
• to fulfil a contract or potential contract with you (see Section C below).
• where you have granted consent to us to process your Personal Data (see Section D below).
• where Upstream Works has a legitimate interest (see Section E below).

How long does Upstream Works retain my Personal Data?

Where Upstream Works is processing and using your Personal Data as permitted by law, we will store your Personal Data for as long as required under the applicable law. Where we are processing your data to perform a contract with you we will store your Personal Data only for as long as is required to fulfil the contract. Where we are processing your data under your consent we will store your Personal Data as long as is required to fulfil the purpose, or until you withdraw your consent.

However, in all instances where Upstream Works is required by mandatory law to retain your Personal Data longer or where your Personal Data is required for Upstream Works to assert or defend against legal claims, we will retain your Personal Data until the end of the relevant retention period or until the claims in question have been settled.

Where will my Personal Data be processed?

As part of a global group of companies, Upstream Works has affiliates and third-party service providers located around the world. Accordingly, whenever Upstream Works is processing your Personal Data for the purposes of this Privacy Statement, Upstream Works may transfer your Personal Data outside of your country. For EEA residents please note that Upstream Works uses servers based in Canada to process your Personal Data; however, your rights are protected by Canadian data protection legislation which the European Union has judged to be adequate.

Upstream Works uses web analytics services provided by Google, Inc. and the processing of such analytics may occur in the United States. Google complies with the EU-U.S. Privacy Shield Framework and the Swiss – U.S. Privacy Shield Framework regarding the collection, use and retention of personal information from European Union countries and Switzerland.

Upstream Works uses hosting services provided by Amazon.com, Inc. and the hosting may occur in the United States. Amazon.com, Inc. and certain of its controlled US affiliates participate in the EU-US and Swiss-US Privacy Shield Framework regarding the collection, use, and retention of personal information from European Union member countries, the United Kingdom and Switzerland.

What are my rights as a “data subject”?

You can request from Upstream Works at any time information about which Personal Data we process about you and request the correction or deletion of such Personal Data. We can delete your Personal Data only if there is no statutory obligation or prevailing right of Upstream Works to retain it. Please note that if you request that Upstream Works deletes your Personal Data, you will not be able to continue to use any Upstream Works services that require our use of your Personal Data.

If Upstream Works uses your Personal Data based on your consent or to perform a contract with you, you may further request from us a copy of the Personal Data that you have provided to us. In this case please contact Upstream Works at support@upstreamworks.com and specify the information or processing activities to which your request relates, the format in which you would like this information, and whether you want the Personal Data to be sent to you or another recipient. Upstream Works will consider your request and provide the information in accordance with privacy legislation.

You can request that we stop any further processing of your Personal Data in any of the following events:

1. you state that the Personal Data that Upstream Works has about you is incorrect. We will restrict processing only for as long as we need to check the accuracy of the relevant Personal Data.
2. there is no legal basis for Upstream Works to be processing your Personal Data.
3. Upstream Works no longer requires your Personal Data but you claim that you require us to retain such data in order to claim or exercise legal rights or to defend against third party claims.
4. we are processing your Personal Data on the grounds of legitimate interest and you object to our processing. We will restrict processing only for as long as it is required to review whether Upstream Works has a prevailing interest or legal obligation in processing your Personal Data.

Use of Cookies and Similar Technologies

This website uses cookies to remember users’ settings as well as to understand site usage and for marketing and analytics. Cookies are text files we place on your computer’s browser to store your preferences. Cookies by themselves, do not tell us your email address or other personally identifiable information unless you choose to provide this information to us by, for example, registering at one of our sites. However, once you choose to furnish the web site with Personal Data, this information may be linked to the data stored in the cookie. You may block or delete cookies but this may affect your usage of the web site.

Upstream Works may also use small pieces of code called “web beacons” to collect anonymous and aggregate metrics such as counting page views. These web beacons may be used to deliver cookies that conform to our Cookie Policy.

As mentioned earlier, we use web analytics services on our web site. For further information please see our Cookie Policy.

Special categories of Personal Data

In connection with the registration for and provision of access to an event or seminar, Upstream Works may ask for information about your health for the purpose of identifying and being considerate of individuals who have disabilities or special dietary requirements. Any use of such information is based on the consent you grant. Kindly note that if you do not provide such information about disabilities or special dietary requirements, Upstream Works may not be able to take any respective precautions.

Right to lodge a complaint

If you believe that Upstream Works is not processing your Personal Data in accordance with the requirements set out here or applicable EEA data protection laws, you can at any time lodge a complaint with the data protection authority of the EEA country in which you live, or with the data protection authority of the country in which Upstream Works is located.

Use of this website by children

This website is not intended for anyone under the age of 16 years. If you are younger than 16 you may not register or use this website.

Links to other websites

This website may contain links to websites outside of the Upstream Works group of companies. Upstream Works is not responsible for the privacy practices or the content of websites outside of the Upstream Works group or companies.

Updates to this Privacy Statement

Upstream Works reserves the right to make changes to this Privacy Statement.

Further information

If you have any questions regarding this Privacy Statement or require further information please contact us at support@upstreamworks.com

B. Where Upstream Works uses your Personal Data based on the Law

Upstream Works adheres to applicable data protection legislation. We may be required to process your Personal Data and to retain such data to meet our obligations under relevant data protection legislation.

C. Where Upstream Works uses your Personal Data based on a contract

If you order goods or services from Upstream Works, we will use the Personal Data that you enter into the order or registration form only to process your order or to provide the requested goods or services. This may include taking the necessary steps prior to entering the contract, responding to related inquiries, providing you with shipping and billing information, and to process customer feedback and support. The Personal Data that you enter is usually your company name, company email address, company postal address, your job title and role.

We may communicate with you to fulfil our contractual requirements, including to confirm the opening of your company account, to send notices of payments, to send you information about changes to our products and services, and to send other non-marketing related communications that are relevant to our business relationship with you. Generally users cannot opt out of these communications which are not marketing-related types of communication but merely required to fulfil the business relationship.

If you participate in tutorials or training provided by Upstream Works we may also track your learning progress in order to make this information available to you and assist us in improving our products and services.

In the event you provide Personal Data to Upstream Works in conjunction with request for customer support on our products or services, we will use that Personal Data solely to resolve technical issues associated with our products and services and will retain such Personal Data only so long as is required to resolve the issue and maintain our support logs.

D. Where Upstream Works uses your Personal Data based on your consent

Subject to your consent, Upstream Works may use your name, email and postal addresses, telephone number, job title, and basic information about your employer, as well as information on prior marketing-related interactions with Upstream Works (e.g. participation in webinars, seminars, events, newsletters and web services) for marketing-related types of communication.

You may at any time withdraw your consent for processing of your Personal Data by unsubscribing at www.upstreamworks.com. Please note that if you withdraw your consent, Upstream Works will no longer process the Personal Data subject to that consent, unless legally required to do so. If Upstream Works is required to retain your Personal Data for legal reasons, your Personal Data will be restricted from further processing and only retained for the term required by law. If your use of an Upstream Works service requires your prior consent, Upstream Works will no longer be able to provide the relevant service.

E. Where Upstream Works uses your Personal Data based on Legitimate Interest

In some cases Upstream Works may process or use your Personal Data on the grounds of having a legitimate interest to process, such as inviting you to participate in questionnaires and surveys. You can object if you do not agree with our processing of your Personal Data for these purposes unless we can determine and can demonstrate a compelling legitimate interest to continue processing your Personal Data.

Revised September 5, 2023