Qbikel Inc. (“Qbikel“) offers tools and platform commercialised as “Qbikel” which provide the means to measure and increase employee commitment by giving them a voice within their organization (the “Qbikel Platform”). Qbikel understands the importance of protecting Personal Information (as defined below). For this reason, Qbikel strives to have business procedures and security safeguards in place to protect Personal Information under its control.
Definition of Personal Information
“Personal Information” is defined as any information about an identifiable individual. This may include, for example, email addresses and contact details and any similar information provided to Qbikel in the course of its business operations, or which Qbikel may receive from business inquiries. Personal Information that is aggregated or that cannot be associated with an identifiable individual is not considered to be Personal Information.
Qbikel complies with: (i) data protection laws applicable to Qbikel; and (ii) applicable industry standards concerning data protection, confidentiality or information security. Qbikel has global operations and therefore, in some cases, information managed by Qbikel may be transferred, processed and stored to other countries, although at all times Qbikel will ensure that Personal Information is protected by confidentiality and security procedures and protections that are, at a minimum, equivalent to those employed by Qbikel itself.
Qbikel complies with this Policy as well as applicable Canadian private sector data protection laws such as the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and substantially similar provincial laws pertaining to the collection, use and disclosure of Personal Information. PIPEDA provides for an adequate protection of Personal Information according to the European Commission Decision of 20 December 2001 pursuant to Directive 95/46/EC of the European Parliament and the Council.
Qbikel also complies with the General Data Protection Regulation (Regulation (EU) 2016/679). Where applicable, our commitment to such regulation may be found in our Data Processing Addendum. Qbikel (or third parties acting on Qbikel’s behalf) may transfer Personal Information that Qbikel collects to countries outside of the European Economic Area. Where such transfer occurs, Qbikel will take steps to ensure that Personal Information is protected. Qbikel will do this using several methods including:
- putting in place appropriate contracts, similar to a set of contract wording known as the “Standard Contractual Clauses”, which has been approved by the data protection authorities;
- transferring Personal Information only to countries which have been deemed by European data protection authorities to have adequate levels of data protection. You can find out more about this here; and
- transferring Personal Information only to those companies in the United States which are certified under the “Privacy Shield”. The Privacy Shield is a scheme under which companies certify that they provide an adequate level of data protection. You can find out more about the Privacy Shield here.
Collection and Use of Personal Information through the Services
When providing the Services, Qbikel only processes Personal Information in accordance with the Terms and applicable laws. Qbikel generally uses Personal Information from or about its Customers and Users for the following purposes:
- to create, establish and administer Customer’s account, to respond to Customer’s inquiries related to its account and to contact Customer about Qbikel’s Services or account-related matters;
- to provide Services, including to provide Customer and its Users with access and use of the Qbikel Platform and customer support;
- to measure and analyze User behavior in order to, among others, monitor, maintain and improve Qbikel’s Services or features and to create new services or features;
- to personalise or customise the experience when using the Services;
- to meet legal and regulatory requirements and to allow Qbikel to meet contractual requirements relating to the Services provided to Customer;
- to conduct surveys on the quality of Qbikel’s Services or to collect feedbacks on the Services; and
- to provide Customer with offers for additional products and services that Qbikel believes may be of interest to Customer.
Qbikel may also use information provided by Customers and Users to create de-identified data aggregated for benchmarking or marketing purposes.
Unless required or authorized by law, Qbikel will not use Personal Information for any other or new purpose without obtaining prior consent.
Collection and Use of Personal Information through the Website
Qbikel generally collects and uses Personal Information from or about its website Users as follows:
- Information Provided by Users.In many cases, Qbikel collects Personal Information directly from Users when they visit or use the website. For instance, Qbikel may collect the following types of information:
- Inquiries and Requests for a Trial or Service.Qbikel may collect Users’ name, contact information, email address and any other information provided when Users make an inquiry or contact Qbikel through the website, when Users sign up to receive Qbikel’s newsletter or when Users submit a request or an order for an Qbikel trial or service.
- Personalization of Website.When Users visit the website, they may, from time to time, be invited to provide information such as User’s title to help Qbikel personalize or customize the Users experience when using the website.
- Technical Information.When Users visit the website, Qbikel may collect, using electronic means such as cookies, technical information. This information may include information about visits to the website, including the IP address of the Users’ computer and which browser was used to view the website, the Users’ operating system, resolution of screen, location, language settings in browsers, the site the User came from, keywords searched (if arriving from a search engine), the number of page views, information entered, advertisements seen, etc. This data is used to measure and improve the effectiveness of the website or enhance the experience for Users. While most of the time this information is depersonalized, if this information relates to an identifiable individual, Qbikelwill treat this information as Personal Information. Qbikel may also, without limitations, collect and use the following type of information when Users visit and/or interact with Qbikel on the website:
- Google Analytics: Qbikel uses Google Analytics which allows it to see information on User website activities including, but not limited to, page views, source and time spent on our website. This information is depersonalized and is displayed as numbers, meaning that it cannot be tracked back to individuals. Users may opt-out of Qbikel’s use of Google Analytics by visiting the Google Analytics opt-out page.
- HubSpot: Qbikel uses HubSpot which allows it to see information on User website activities including, but not limited to, page views, source and time spent on our website. However, this information is not depersonalized and Users may not opt-out of Qbikel’s use of HubSpot.
- Google AdWords: Qbikel uses Google AdWords Remarketing to advertise Qbikel across the Internet and to advertise on third party websites (including Google) to previous visitors of the website. AdWords remarketing will display ads to Users based on what parts of the Qbikel website they have viewed by placing a cookie on the Users’ web browser. It could mean that Qbikel advertises to previous visitors who haven’t completed a task on the site or this could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. This cookie does not in any way identify the User or give access to the Users’ computer or mobile device. The cookie is only used to indicate to other websites that the User has visited a particular page on the website, so that they may show the User ads relating to that page. If Users do not wish to participate in Google AdWords Remarketing, they can opt out by visiting Google’s Ads Preferences Manager.
- Privacy Policies of other Websites.This Policy only addresses the use and disclosure of information by Qbikel. Other websites that may be accessible through the website have their own privacy policies and data collection, use and disclosure practices.
- Personal Information from Other Sources.Qbikel may obtain from third parties additional Personal Information about a website User if such User gave permission to those third parties to share its information.
Sharing of Personal Information
Qbikel will not sell, rent or trade Personal Information to any third party. However, Qbikel may share Personal Information when authorized and/or required by law or as follows:
- SService Providers.Qbikel may grant access to Personal Information to third party service providers in connection with the performance or the improvement of its website and Services. Before sharing any Personal Information with any of its third party service providers, Qbikel will ensure that the third party maintains reasonable data management practices for maintaining the confidentiality and security of Personal Information and preventing unauthorized access.
- As Permitted or Required by Law.Qbikel may disclose Personal Information as required by applicable law or by proper legal or governmental authority. Qbikel may also disclose information to its accountants, auditors, agents and lawyers in connection with the enforcement or protection of its legal rights. Qbikel may also release certain Personal Information when it has reasonable grounds to believe that such release is reasonably necessary to protect the rights, property or safety of others and itself, in accordance with or as authorized by law. In the event Qbikel receives a governmental or other regulatory request for any Personal Information, Qbikel will promptly notify Customer, unless it is prohibited to do so, in order that Customer shall have the option to defend such action. Qbikel shall reasonably cooperate with Customer in such defense.
- Business Transaction.Qbikel may disclose Personal Information to a third party in connection with a sale or transfer of business or assets, an amalgamation, re-organization or financing of parts of our business. However, in the event the transaction is completed, Personal Information will remain protected by applicable data protection laws. In the event the transaction is not completed, Qbikel will require the other party not to use or disclose the Personal Information received in any manner whatsoever and to delete such Personal Information.
Security of Personal Information
Qbikel will store and process the Personal Information in a manner consistent with industry security standards, and as long as necessary for the purposes described in this Policy, unless a longer retention is required by law. Qbikel has implemented technical, organizational and administrative systems, policies, and procedures to help ensure the security, integrity and confidentiality of Personal Information and to mitigate the risk of unauthorized access to or use of Personal Information, including: (i) appropriate administrative, technical and physical safeguards and other security measures designed to ensure the security and confidentiality of the Personal Information it manages; (ii) a security design intended to prevent any compromise of its own information systems, computer networks or data files by unauthorized Users, viruses or malicious computer programs; (iii) appropriate internal practices including, but not limited to, encryption of data in transit; using appropriate firewall and antivirus software; maintaining these countermeasures, operating systems and other applications with appropriate reasonable up-to-date virus definitions and security patches so as to avoid any adverse impact to the Personal Information that it manages; (iv) appropriate logging and alerts to monitor access controls and to assure data integrity and confidentiality; and (v) permitting only authorized Users access to systems and applications, and all persons with authorized access to Personal Information must have a genuine business need-to-know prior to access (together, “Security Program”).
Qbikel maintains adequate training programs to ensure that its employees and any others acting on its behalf are aware of and adhere to its Security Program. Qbikel shall exercise necessary and appropriate supervision over its relevant employees to maintain appropriate confidentiality and security of the Personal Information it manages.
Data Incidents Involving Personal Information
Qbikel shall, if any legal requirement to do so, promptly notify Customer of any reasonably suspected or actual loss of data or breach or compromise of its Security Program which has or may result in the loss or unauthorized access, disclosure, use or acquisition of Personal Information (including hard copy records) or otherwise presents a potential threat to such Personal Information (“Data Incident”). While the initial notice may be in summary form, a comprehensive written notice may be given to Customer in the timeframe legally required. The notice shall summarize in reasonable detail the nature and scope of the Data Incident (including each data element type) and the corrective action already taken or to be taken by Qbikel. Qbikel shall promptly take all necessary and advisable corrective actions, and shall cooperate with Customer in all reasonable efforts to mitigate the adverse effects of Data Incident and to prevent its recurrence.
Users Legal Rights Regarding Personal Information
To the extent that Qbikel’s processing of Personal Information is subject to the General Data Protection Regulation (Regulation (EU) 2016/679), Qbikel relies on its legitimate interests, described above, which are not overridden by your data protection interests, to process Personal Information. Subject to applicable laws, Users also have the right to: (i) access and rectification or erasure of Personal Information, to the extent that Qbikel may need to retain certain Personal Information, including for record keeping purposes or to comply with legal obligations; (ii) restrict or object Qbikel’s use of Personal Information (though, in some cases, this may mean no longer using the Services or the website) where Qbikel is relying on a legitimate interest (or those of a third party) and there is something about User’s particular situation which impacts on User’s fundamental rights and freedoms; (iii) lodge a complaint with their local data protection authority (contact details for data protection authorities in the European Economic Area are available here); and (iv) data portability. Users will not have to pay a fee to exercise such rights, however, Qbikel may charge a reasonable fee or refuse to comply if the request is unfounded, repetitive or excessive.
Any questions or complaints or requests regarding this Policy or Qbikel handling of Personal Information can be addressed by sending an email to legal@Qbikel.com.
A User who seeks to exercise its data protection rights referred to in Section 10, in respect of Personal Information stored or processed by us on behalf of a Customer (e.g. the employer), must direct his/her query to such Customer, as being the data controller.
Qbikel will review and update its policies and procedures as required to keep current with rules and regulations, new technologies, standards and customer concerns. This Policy may therefore change from time to time. If Qbikel makes changes that materially alter Users privacy rights, Qbikel may provide additional notice, such as via email or through the Services or the website. If Users disagree with the terms of this Policy, their only remedy is to discontinue use of the websites and the Services.
This Policy was last updated on Jan 01, 2020.