I. Objective

The objective of this Privacy Policy is to set out how personal information shall be collected, used, disclosed, and destroyed by Cloudtric Inc.

II. Values

Cloudtric Inc. takes its responsibility with respect to the personal information of its clients very seriously. Consistent with its obligation pursuant the Personal Information and Protection of Electronic Documents Act (Canada) Cloudtric Inc. recognizes that it has a responsibility to collect only that information which it requires to give service to its Clients and employ its Employees, to do so with the express knowledge and consent of its Clients and Employees, to use the information in a fashion consistent with the consent given by its Clients and Employees, and to store and ultimately destroy the information when no longer required.

III. Definitions

“Client” means a person, corporation, partnership, association, or organization that has retained the services of Cloudtric Inc. and/or subscribed to any of its cloud based software products.

“Client Data” means the data and information provided by the client, and may includes both a physical paper file as well as documents and information stored on our servers, in which case the information is maintained in a clearly identifiable location on our server unique to the Client.

“Employee” means a person who is employed by Cloudtric Inc. but may also include an independent contractor.

“Company” means Cloudtric Inc. its shareholders, officers, directors, agents, employees, and independent contractors.

“Personal Information” means any information about an identifiable information and includes name, age, mailing address, residential phone numbers or e-mail addresses, personal history (including financial and credit information, donations, personal health information, billing history, personal family and relationship matters, penal or criminal information), personal information related to corporate involvements, work experience (past and present), discipline, income and other benefits, medical records, tax records, and security clearances. Personal Information however may not include your name, business title or business address and business telephone number in your capacity as an employee of an organization/enterprise.

“Personnel File” means the file maintained by the Company containing employee Personal Information.

IV. Collection of Personal Information

Personal Information will only be collected by fair and lawful means, and will include information you provide to us, information that the Client specifically authorizes us to collect, and personal information that is provided to us by third parties. As a general rule we will collect only that information which is required to properly, fully, and completely carry out the services the Client has contracted for. Third parties who may provide Personal Information will include, but not be limited to, credit agencies, service providers, references and other persons that we need to contact to provide services to and for our clients, to establish, manage or terminate an employment relationship, or for administrative or management requirements.

V. Use of Personal Information

We will collect and use Personal Information for the purpose of providing the services for which our Clients retain us. In the case of employees of the Company, we collect personal information for the purpose of reporting to the Canada Revenue Agency, Human Resources and Skills Development Canada, other government agencies, and our benefit providers, and for the purpose of establishing, managing, or terminating an employment relationship.

With respect to Clients the use to which personal information may be put include:

1. Obtaining the advice or assistance of other members of the Company, in which case, the other members of the Company are aware that the information is Personal Information governed by this Policy.

2. Administration, billing, accounting and collection purposes in relation to the client’s business and relationship with the Company.

3. Protecting against fraud and error.

4. Communicating the information to a subcontractor (or other agents or intermediaries) in the course of a contract or mandate for the performance of the services provided by or to the Company with respect to the Client, employees, decision making regarding hiring, duties, transfer, training, discipline, promotion, and retention, and eligibility for participating in benefit plans, and personal or maternity leave, and the receipt of short or long term disability payment and the managing of such participation, and recording and maintaining attendance records, service awards, performance evaluation and remuneration.

5. Any use permitted or required by law.

With respect to Client Personal Information, the information will be stored in a Client File, which may be electronic and/or paper, and Employee Personal Information shall be stored in the Personnel File which may be electronic and/or paper.

We may use contact information in order to provide clients and others with publications, notices of seminars and other communications that may be of interest that the Company puts in place or publishes. The Company complies with applicable anti-spam legislation and the Client may withdraw consent to receive certain communications from us provided they do so expressly.

VI. Disclosure of Personal Information

We identify to the Client and/or Employee for what purpose the Personal Information will be disclosed. In addition to the uses noted above, Personal Information may be disclosed:

1. to any of our offices for services rendered to and for Clients; to establish, manage or terminate an employment relationship, and for administrative or management requirements, including building and maintaining the Company’s expertise and experience;

2. to other professional companies, government agencies and any other organizations/enterprises, when required for services to and for Clients, as well as for compliance and insurance obligations;

3. to third party service providers with whom we have a contractual agreement, which have comparable levels of privacy protection, for the processing related to services rendered to and for Clients, to establish, manage and terminate an employment relationship, and for administrative or management requirements (such as, in all cases, for photocopying, printing and faxing, shredding, storage and other document management, remote backup services, payroll, I.T., including software and hardware maintenance, consulting and staffing services, investigations and searches, collection, bailiffs and related services);

4. in the case of Employees, to third party benefit providers or other outside agencies that provide training, consultant services, recruitment services, employee assistance programs, or other services to the Company or its Employees;

5. in the event of the sale or transfer of the Company or aspects of the Company’s business, to the purchaser provided that the purchaser agrees to receive and maintain the Personal Information to a standard at least equal to the standard provided for in this Policy;

6. such other disclosures of Personal Information to such persons for which the Client/Employee provides consent; and

7. as otherwise permitted by law.

When supplementary disclosure is required we will identify (at the time we collect such information from the Client and obtain the requisite consent to such disclosure, unless otherwise permitted by law) the other persons/organizations/enterprises and the other purpose to whom and for which disclosure may occur.

VII. Consent

Except when otherwise permitted by law, we obtain the requisite consent prior to collecting and, in any case, prior to using or disclosing Personal Information for any purpose. Such consent may be provided orally or in writing. We will obtain the consent as soon as possible and normally at the time of being retained. There may be situations where consent is implied or intrinsic to the circumstances such as in the case where the Client has already provided Personal Information to us and maintains its relationship with us or where the Client provides our Company with a phone number so that they may be contacted by us. Except where otherwise permitted by law we will only use the information for the purpose for which is was given.

Consent to use the Personal Information may be withdrawn by a Client/Employee at any time (unless withdrawing the consent would frustrate the performance of our services to the Client and our legal obligations), and upon providing us with a 30-day notice. However, the withdrawal of consent may impact the Company’s ability to serve the Client and impede or terminate the services being provided by the Company to the Client.

In certain circumstances, as permitted or required by law, we may collect, use or disclose Personal Information without your knowledge or consent. These circumstances include (where applicable): information on individuals which is publicly available; where collection or use is clearly in the interest of the individual and consent cannot be obtained in a timely way; to investigate a breach of any agreement or a contravention of a law; to comply with a subpoena, warrant, court order or as otherwise required or permitted by law.

VIII. Protection of Privacy

In order to protect the privacy of Personal Information we:

  1. Ensure that any third parties who may have access to or receive Personal Information are aware of the requirements of Privacy and have in place policies and procedures for the protection of Personal Information comparable to those of the Company.
  2. On at least an annual basis remind each of our Employees of their obligations under this Policy.

IX. Limiting Principles

The Company only collects the Personal Information necessary to fulfil the purposes identified to the Client/Employee prior to or at the time of collection, or any other reasonable and legitimate purposes or as required by law.

The Company does not, as a condition of supplying service to a Client, or of establishing, managing or terminating an employment relationship, or as an administrative or management requirement, require consent to the collection use or disclosure of personal information beyond that required for such purposes, or to comply with its obligations under applicable law.

The Company does not use or disclose Personal Information, except for the purposes for which it was collected, or new purposes to which consent has been obtained, or as otherwise permitted or required by law.

X. Retention of Personal Information

We will retain Personal Information, including any work product, in the applicable file specific to the Client/Employee. We will utilize, disclose or retain Personal Information for as along as necessary to fulfill the purposes for which it was collected and as required or otherwise permitted by law. Upon the termination of the relationship with the Client or the termination of the services being provided we will return to you or securely destroy any Personal Information which is no longer required for us. However, we will retain information in order to comply with audit requirements and or for such time as required by law. We will put in place a maximum time period for the retention of Personal Information, following which the Client File will be securely destroyed.

XI. Access to Personal Information

Subject to the exceptions provided by the applicable law, we will make available to the Client/Employee any specific Personal Information that we have collected, utilized or disclosed, upon the written request of the person to whom it relates. We will make such information available in a form that is generally understandable and will take the time to explain the information to the client/employee, if required.

Any request to access the information should be directed to the Privacy Officer identified below.

We reserve the right to ask that the Client/Employee provide satisfactory identification establishing that they are the individual to whom the Personal Information relates.

XII. Accuracy of Personal Information

The Company will endeavour to use reasonable efforts to ensure the accuracy of Personal Information. Upon learning of any inaccuracies it will take steps to correct the Personal Information and upon learning of changes will update the Personal Information as required. The client/employee must inform the Company, as soon as reasonably possible, of any changes to the Personal Information provided to us.

Where a Client/Employee believes their Personal Information is inaccurate they may ask that we provide the Personal Information currently on file to verify its accuracy and, inform us in writing, of any changes. If the Client/Employee successfully demonstrates that the Personal Information held by the Company is inaccurate, the Company will correct the Personal Information and, if necessary, advise any third parties to whom the Personal Information has been communicated of any changes.

XIII. Response Times

Upon receiving a request for access to Personal Information we will endeavour to respond within 30 days and, within a period no longer than an additional 30 days, provide access. If we cannot comply with the time limits we will advise the Client/Employee of that fact with reasons and provide a time frame during which a response may be filed. Any such response will include the contact information for the appropriate privacy authority in the event that the client/employee wishes to make a complaint.

XIV. Fees for Access

Reviewing the Client File or Personnel File is free of charge. In the event that the Client/Employee requests copies fees consistent with what would normally be charged clients for copies and transmission of documents shall be assessed.

XV. Safeguards

The Company has taken appropriate measures to ensure the security of personal information. Only the Company, and any subcontractors, who have entered into a contract with us, which includes a clause for the safeguarding of personal information, have access to the personal information. Files are always maintained within a locked building or on a secure server. All members of the Company are routinely made aware of their obligations with respect to the protection of personal information. External access to our computer network is protected through the use of passwords and virtual private networks and appropriate encryption systems.

XVI. Contact Information

All complaints or other inquiries regarding Personal Information or the Company’s Privacy Policy and Practices should be forwarded to our Privacy Officer as follows:

Cloudtric Inc.

Attention: Bradley Adams