(Last updated: March 31, 2022)
The present Policy may be supplemented by jurisdiction or product-specific policies as may be appropriate to comply with applicable legal requirements. In the event of a conflict between this Policy and such product-specific or local policies, the latter shall prevail.
1. SCOPE AND APPLICABILITY
1.2 For the purposes of this Policy, Personal Data shall mean any information which relates to a natural person, directly or indirectly, and allows for the identification of that person, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the person’s physical, psychological, genetic, mental, economic, cultural or social characteristics, and regardless of the medium or form in which it is accessible. Data is considered personal when it enables anyone to link information to a specific person, even if the person or entity holding that data cannot make that link.
2. INFORMATION WE COLLECT AND RECEIVE
2.1 Generally, you are under no obligation to provide any Personal Data, other than the information we require from you to log in. However, if some information or data is not provided, you may be unable to access the Site or the Apps.
2.2 The processing by Tourlitix of any information, materials or files that are uploaded into this Site or the Apps (collectively “Uploads”) to provide its services constitutes a critical element of Tourlitix’s services. Uploads, related results and any other data shared with Tourlitix which are considered to be Content Data, that will be used by Tourlitix in accordance with the Terms of Service, and as required by applicable law. To the extent that content data constitutes Personal Data, it will be treated in accordance with the present Policy.
2.3 Tourlitix may collect, generate and/or receive some of all of the following data in order to provide its services to you (“Service Data”), which may include elements of Personal Data:
(a) Account Information. When you create or update an account, you supply to Tourlitix your and/or Licensee’s name, address, phone number, email address, details about the projected use of the Site and/or the Apps, and any other details as appearing in the client profile.
(b) Billing Information. If you purchase a Tourlitix subscription you provide Tourlitix (or its payment processors) with billing details such as credit card information, banking information and/or (in some circumstances) a billing address.
(c) Site Metadata. When you interact with the Site or the Apps, metadata is generated that provides additional context about the way you work. For example, Tourlitix logs the features, content and links you interact with, the types of files shared and what third party services are used (if any).
(d) Engagement Information. We collect information about your engagement with our services, including, but not limited to, the date and time you uploaded Uploads to the Site or through the Apps and the frequency with which you process related results.
(e) Log data. As with most websites and technology services delivered over the Internet, our servers automatically collect information when you access or use our Site or App, and record it in log files. This log data may include the Internet Protocol (IP) address, the address of the web page visited before using the Site, browser type and settings, the date and time the Site was used, information about browser configuration and plugins, language preferences and cookie data.
(f) Device information. Tourlitix collects information about devices accessing the Site or the Apps, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and crash data. Whether we collect some or all of this information often depends on the type of device used and its settings.
(g) Location information. We receive information from you and third parties that helps us approximate your location. We may, for example, use a business address contained in your client profile, or an IP address received from your browser or device to determine approximate location. Tourlitix may also collect location information from devices in accordance with the consent process provided by your device.
(h) Other. We may also receive Service Data from you if you participate in a focus group, request support, interact with our personnel or our social media accounts or otherwise communicate with Tourlitix.
3. HOW WE USE YOUR INFORMATION
3.1 Generally, Tourlitix may use Personal Data for (i) providing a service to or performing a contract with a client or user; (ii) complying with a legal obligation; (iii) pursuing a legitimate business interest; (iv) defending against legal or contractual actions (in which case, the Personal Data may be retained until the end of the corresponding statute of limitation or prescription, or in accordance with any applicable litigation hold practices); and (v) any other lawful purpose for which we have expressly secured your informed consent.
3.2 Without limiting the generality of the uses described in Section 3.1 above, Tourlitix may use Personal Data:
(a) To improve the Site and the Apps;
(b) To support delivery of the services under the Terms of Service, prevent or address service errors, security or technical issues, analyze and monitor usage, trends and other activities. This also includes: (i) the administration of your and Licensee’s use of the Site or the Apps; (ii) to better understand your and Licensee’s needs and interests; (iii) to personalize and improve your and Licensee’s experience; and (iv) to provide or offer software updates and other marketing and non-marketing announcements. We may also use Personal Data to improve the service with respect to, but not limited to, data storage, maintenance services, database management, web analytics and payment processing.
(c) As required by applicable law, legal process or regulation.
(d) To communicate with you by responding to your requests, comments and questions. If you contact us, we may use your and Licensee’s Personal Data to respond.
(e) To send emails and other communications. We may send you or Licensee service, technical and other administrative emails, messages and other types of communications. We may also contact you or Licensee to inform about changes in our services, our services offerings, and important services-related notices, such as security and fraud notices. These communications are considered part of the services and you and Licensee may not opt out of them.
(f) In addition, we sometimes send emails about new product features, promotional communications or other news about Tourlitix. You may revoke your consent to receive these promotional communications at any time;
(g) For billing, account management and other administrative matters. Tourlitix may need to contact you or Licensee for invoicing, account management and similar reasons and we use account data to administer accounts and keep track of billing and payments;
(h) To investigate and help prevent security issues and abuse;
3.3 If Personal Data is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person to the extent it no longer constitutes Personal Data, Tourlitix may use it for any lawful business purpose.
3.4 Your consent for Tourlitix to use your Personal Data may be revoked at any time by emailing privacy@Tourlitix.com. This may however result in Tourlitix being unable to provide some or all of its services to you.
4. DATA RETENTION
4.1 Tourlitix may retain Personal Data pertaining to you or the Licensee for as long as Tourlitix deems necessary or useful for the purposes of providing its services, or is required by law. This may include keeping for any purpose your or Licensee’s Personal Data after you have deactivated your account.
4.2 You may request deletion of your user account at any time by emailing privacy@Tourlitix.com. Following deletion of your account, Tourlitix will only retain Personal Data to the extent required by law. Tourlitix may also retain Personal Data which has been de-aggregated and de-identified after the deletion of your account.
4.3 The deletion of a user account may result in the deletion and/or de-identification of certain associated Personal Data.
5. HOW WE SHARE AND DISCLOSE INFORMATION
5.1 Tourlitix may share and disclose Personal Data for lawful purposes with affiliates and third parties. When we do so, we will require such affiliates or third parties to treat such Personal Data in compliance with all applicable laws.
5.2 Without limiting the generality of Section 5.1 above, Tourlitix may share and disclose Personal Data with third parties in the following cases:
(a) Third party service providers and partners. We may engage third party companies or individuals as service providers or business partners to process Personal Data and support our business.
(b) Corporate affiliates. Tourlitix may share Personal Data with its corporate affiliates, parents and/or subsidiaries.
(c) During a change to Tourlitix’s business. If Tourlitix engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Tourlitix’s assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence), some or all Personal Data may be shared or transferred.
(d) Aggregated or de-identified data. We may disclose or use aggregated or de-identified Personal Data for any purpose. For example, we may share aggregated or de-identified Personal Data with prospects or partners for business or research purposes.
(e) To comply with laws. If we receive a request for information, we may disclose Personal Data if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation or legal process.
(f) To enforce our rights, prevent fraud, and for safety. We may disclose Personal Data to protect and defend the rights, property or safety of Tourlitix or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.
6.1 Personal Data collected by Tourlitix in accordance with the present Policy will be electronically stored on servers located in Toronto, Ontario.
6.2 Tourlitix endeavors to take reasonable measures based on Privacy by design and Privacy by default in order to implement appropriate safeguards when processing Personal Data. Privacy by design refers to the implementation of technical and organisational measures, at the earliest stages of the design of the processing operations in order to protect the privacy of the data subjects. Privacy by default refers to the implementation of technical and organisational measures for ensuring that only Personal Data which are necessary for each specific purpose of the processing are processed.
6.3 Tourlitix takes security of data seriously. Tourlitix works hard to protect Personal Data from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the Personal Data we collect, process and store, and the current state of technology.
6.4 Given the nature of communications and information processing technology, Tourlitix cannot guarantee that Personal Data, during transmission through the Internet or while stored on our systems or otherwise in our care, will be absolutely safe from intrusion by others.
7. ACCESS TO PERSONAL DATA
7.1 You have the right to access your Personal Data collected by Tourlitix and, as applicable, request that such Personal Data be rectified.
You may do so by contacting the Tourlitix Privacy Officer at privacy@Tourlitix.com.
7.2 In some situations, Tourlitix may decline a request to access if it has a legitimate reason for doing so or if such access would be prohibited by applicable law.
Where an access request is refused, we will notify you in writing, and document the reasons for refusal.
8. AGE LIMITATIONS
8.1 Tourlitix does not allow use of its Site or the Apps by anyone younger than 18 years old. If you learn that anyone younger than 18 has provided us with personal data, please contact us and we will takes steps to delete such information.
10. AUTOMATED DECSION-MAKING
10.1 Tourlitix does not make or take any decisions involving the use of automated profiling or algorithms.
11. DATA TRANSFERS
11.1 Whenever we transfer your Personal Data, we will comply with applicable data protection laws.
12. DATA PROTECTION OFFICER
12.1 To communicate with our Data Protection Officer, please email privacy@Tourlitix.com.
13. IDENTIFYING THE DATA CONTROLLER AND PROCESSOR
13.1 Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. Tourlitix is both the controller and processor of any Personal Data you have provided to us.
14. YOUR RIGHTS
14.1 Individuals located in certain countries, including the European Economic Area, have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to Personal Data and to receive a copy of the Personal Data, as well as to seek to update, delete or rectify this Personal Data. Please contact privacy@Tourlitix.com for additional access and assistance.
14.2 You have the right to obtain from the controller (Tourlitix) restriction of processing in either of the following situations: (i) in the event the accuracy of the Personal Data is contested to allow Tourlitix to verify its accuracy; (ii) despite that the processing is unlawful, you wish to restrict the Personal Data rather than deleting it; (iii) if the Personal Data is required by you for the establishment, exercise or defence of legal claims; or (iv) if you have objected to processing and Tourlitix is verifying whether it has legitimate grounds for such processing.
14.3 To the extent that Tourlitix’s processing of your Personal Data is subject to the General Data Protection Regulation, Tourlitix relies on its legitimate interests, described above, to process your data. Tourlitix may also process Service Data that constitutes your Personal Data for direct marketing purposes and you have a right to object to Tourlitix’s use of your Personal Data for this purpose at any time. You have also the right to object to the sharing of your Personal Data with third parties.
15. DATA PROTECTION AUTHORITY
15.1 Subject to applicable law, you also have the right to (i) restrict Tourlitix’s use of User Data that constitutes your Personal Data and (ii) lodge a complaint with your local data protection authority. You may direct questions or complaints to: privacy@Tourlitix.com
16. CONTACTING TOURLITIX