Privacy Policy

Last Updated: May 26, 2020

1. Overview

Welcome to the Groundswell Cloud Solutions Inc. (“Groundswell”, “we” or “us”) privacy policy (the “Privacy Policy”). This Privacy Policy explains how we collect, use, disclose and retain information from your use of our website (the “Site”) and any job or work placement applications you may submit to us. If you do not agree with the terms of this Privacy Policy, do not use the Site or provide us any information.

2. Definitions

Personal Data” includes information about an identifiable individual (e.g., including name, age, address, phone number, identification number, location data, and online identifiers).

Process” or “Processing” includes collecting, using, sharing, organizing, altering and retaining Personal Data.

3. Collection and Use of Personal Data

  1. Purpose. We collect and use your Personal Data for the following purposes (the “Purposes”):
    • to respond to your communications with us;
    • to contact you about updates and informational and service-related communications;
    • for internal statistical, marketing or operational purposes, including but not limited to, measuring and understanding demographics, user interest, and other trends among users of our Site; and
    • to improve our Site.
  2. General Collection. We collect Personal Data from you and any devices (including mobile devices) that you may use when you: (i) fill out a form on our Site; (ii) engage or communicate with us, including, but not limited to, any job or work placement applications you may submit to us; and (iii) otherwise access and use the Site. Such Personal Data may include, without limitation:
    • identifying information, such as your name, address, telephone number, email address, job title, and company;
    • the content of your communications with us;
    • information about how you use the Site; and
    • information about your computer or mobile device, such as your Internet protocol (IP) address, device ID, physical location, browser and operating system type, resolution of your screen, language settings in your browser, referring URLs, and other technical information.
  3. Cookies. We use cookies to track and analyze user activity in order to improve our Site. If you do not wish to accept cookies, you have the option of blocking or disabling cookies. Your computer provides you with the ability to clear all cookies that have been stored onto your hard drive, should you wish to do so. However, please be aware that you may be unable to access certain parts of the Site if you block or disable our cookies. For more information about cookies, please see: https://www.allaboutcookies.org/.
  4. Google Analytics. We also use Google Analytics in order to better understand the user experience on our Site, including without limitation: (i) how you reached our Site; (ii) the website you came from to arrive at our Site; (iii) how long you stayed on our Site; (iv) what pages you looked at; (v) how many pages you looked at; (vi) what buttons you clicked; (vii) what browser you are using; and (viii) what device you are using. Our use of Google Analytics is governed by the Google Analytics Terms of Service. If you do not wish to participate in Google Analytics, you may download the Google Analytics opt-out browser add-on.
  5. Third Party Data. We may also obtain data relating to you from third parties. We protect data obtained from third parties according to the practices described in this Privacy Policy, plus any additional restrictions imposed by the source of the data and applicable laws.
  6. Feedback. Any suggestions or comments for improving or modifying the Site that are included in your communications with us (“Feedback”) will be deemed to be non-confidential and non-proprietary to you, provided that such Feedback contains no Personal Data. You agree that: (i) we are not subject to any confidentiality obligations with respect to the Feedback; (ii) the Feedback is not confidential or proprietary information of any third party and you have all of the necessary rights to disclose the Feedback to us; (iii) we may irrevocably and freely use, reproduce, and publicize the Feedback; and (iv) you are not, nor is any other party, entitled to receive any compensation or reimbursement of any kind from us in relation to the Feedback.

4. Grounds for Processing Personal Data

We will not process your Personal Data without your consent, unless we are permitted or required to do so by applicable law. Your consent may be express or implied. Express consent is when you willingly agree (e.g., orally, in writing, or electronic agreement) to the processing of your Personal Data for particular purposes. Implied consent is when: (a) you do not expressly give consent, but you rather volunteer Personal Data for obvious purposes that a reasonable person would consider appropriate in the circumstances; or (b) you are given notice and a reasonable opportunity to opt-out of your Personal Data being processed for specified purposes, and you do not opt-out.

Notwithstanding the foregoing, if you are an individual to whom the General Data Protection Regulation (“GDPR”) applies, we may process your Personal Data on either of the following grounds, in addition to any other grounds that may be available pursuant to applicable law:

  1. Consent. Where you have given us consent through a statement or clear affirmative action agreeing to the processing of your Personal Data. For instance, through submitting your Personal Data on a form on our website for a specified purpose.
  2. Legitimate Interests. Where the processing of Personal Data is based on our legitimate interests, provided that these do not override your interests and fundamental rights. We have legitimate interests in the following: (i) understanding how users engage with our Site; (ii) improving our Site; (iii) marketing our services; (iv) providing customer service, including without limitation, responding to inquiries and feedback; and (v) carrying out our recruitment and work placement functions.

5. Disclosure of Personal Data

  1. General. We do not disclose, sell or otherwise transfer your Personal Data to any third parties, except as set out in this Privacy Policy. Anytime we disclose your Personal Data to third parties, we take reasonable measures to ensure that the rules set forth in this Privacy Policy are complied with and these third parties provide contractual guarantees to implement appropriate technical and organizational measures in accordance with applicable privacy and data protection laws. We minimize the amount of Personal Data we disclose to what is directly relevant and necessary to accomplish the specified purpose.
  2. Service Providers. We may provide your Personal Data to third party service providers in order to help us achieve the Purposes and operate our Site. For example, we may use third party service providers to help us analyze usage of our Site, track the effectiveness of our marketing strategies and communications, provide email services, assist with the prevention, detection, mitigation and investigation of potentially illegal acts and/or security breaches, collect and process error and crash reports, host web servers and store data. These third parties are authorized to use your Personal Data only as necessary to provide these services to us.
  3. Corporate Transactions. We may also disclose or transfer your Personal Data to affiliates or third parties in the event of a proposed reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or equity, subject in each case to customary confidentiality agreements.
  4. Legal Disclosure. We may disclose Personal Data if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation or legal process. This includes, without limitation, the disclosure of Personal Data where necessary for the establishment, exercise, or defense of legal claims, or as otherwise permitted by applicable law. You hereby release Groundswell of any liability associated with any such disclosures made in good faith.
  5. International Transfer and Storage. Your Personal Data may be stored and processed in any country where we have facilities or in which we engage third party service providers. By using our Site and otherwise providing us your Personal Data, you consent to the transfer of your Personal Data to countries outside of your country of residence, which may have different data protection rules than in your country. While such information is outside of the Canada, it is subject to the laws of the country in which it is held, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country. However, our practices regarding your Personal Data will at all times continue to be governed by this Privacy Policy and, if applicable, we will comply with the GDPR requirements providing adequate protection for the transfer of Personal Data from the European Economic Area to third country.

6. Retention of Personal Data

If we use Personal Data to make a decision that directly affects you, we will retain that Personal Data for at least one year, so that you have a reasonable opportunity to request access to it. Subject to the foregoing, we will retain your Personal Data only as long as necessary to fulfill the Purposes and to comply with applicable law. We will delete or anonymize the Personal Data once it is no longer necessary for us to hold it. We are not responsible for any liability or loss you experience as a result of our disposal of Personal Data.

7. Security of Personal Data

We protect your Personal Data using security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Such measures include using SSL secure protocol to encrypt communications. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. We encourage you to also take steps to protect Personal Data by, for example, closing all web browsers after using the Site.

8. Rights Relating to Processing Personal Data

You have certain rights relating to your Personal Data, subject to applicable law:

  1. Right to be Informed. To know how your Personal Data is collected, used and disclosed. This includes the right to withdraw your consent to the processing of your Personal Data and to make a complaint.
  2. Right to Access. To receive a copy of your Personal Data.
  3. Right to Rectification. To request correction of your Personal Data.

If you are an individual to whom the GDPR applies, then you have the following additional rights relating to your Personal Data, subject to applicable law:

  1. Right to Erasure. To request the deletion of Personal Data when: (i) you believe it is no longer necessary for the purposes collected; (ii) you withdraw your consent or object to the processing of your Personal Data; or (iii) your Personal Data was unlawfully processed.
  2. Right to Restriction of Processing. To restrict the processing of Personal Data if you dispute its accuracy or object to its processing.
  3. Right to Portability. To request that your Personal Data be transferred to another organization.
  4. Right to Information about Automated Decision Making. To receive information about the basis of any automatic decision making (e.g., algorithms).
  5. Right not to be Subject to Automated Decision Making. To not be subject to decisions based solely on automated processing, unless this is necessary pursuant to a contract between you and Groundswell.
  6. Right to to Object to Processing Activities. To object to the processing of your Personal Data based on our legitimate interests.

If you want to learn more about any rights under the GDPR, you can visit the European Commission’s page on Data Protection.

9. Third-Party Materials

Occasionally, we may include or offer third party products, services, links and/or applications on our Site (collectively, the “Third-Party Materials”). These Third-Party Materials are not owned, maintained, operated or controlled by Groundswell. If you engage any Third-Party Materials, such third-party’s privacy notices and practices will apply. We cannot guarantee the privacy or security of your Personal Data once you provide it to a third-party and we encourage you to evaluate the privacy and security policies of each such third-party before any such engagement or disclosure. Groundswell is not responsible for the content of such Third-Party Materials and does not make any representations, warranties or guarantees regarding the content or the privacy practices of such third parties. For certainty, Groundswell disclaims any liability associated with your access to, use of, download of, or reliance on, such Third-Party Materials and their content. If you decide to access, use or download any such Third-Party Materials, you do so at your sole risk.

10. Communications

You may opt-out of receiving any communications from us at any time by clicking “Unsubscribe” in any such communications (as may be applicable) or by contacting us as provided in the “Contact Us” section below.

11. Personal Data of Other People

You must provide prior notice to and obtain consent from the appropriate individual(s) if you provide Personal Data to us relating to any such individual(s).

You may opt-out of receiving any communications from us at any time by clicking “Unsubscribe” in any such communications (as may be applicable) or by contacting us as provided in the “Contact Us” section below.

13. Application of this Privacy Policy

This Privacy Policy is only applicable where Groundswell is the “Data Controller” for Personal Data, whereby Groundswell determines the purposes and means of the processing of Personal Data. It will not apply where Groundswell is a “Processor” or “Sub-Processor” that processes Personal Data on behalf of its clients, as such cases will be governed by separate agreements.

14. California Consumer Privacy Act (CCPA)

As of the date of last update to this Privacy Policy, the CCPA is not applicable to Groundswell’s business. Please check back to this Privacy Policy from time to time for any changes and updates.

15. Changes to Privacy Policy

We reserve the right to change this Privacy Policy from time to time in our sole discretion without notice or liability to you or any other person.

16. Contact Us

If you have any questions about this Privacy Policy, wish to make a compliant, or wish to exercise any other applicable rights, you may contact our Privacy Officer:

Groundswell Cloud Solutions Inc.Suite 1300, 650 W Georgia Street
 Vancouver, BC V6B 4N8

(604) 628-3421
privacyofficer@gscloudsolutions.com