Unless otherwise specified, the following terms and expressions will have the meaning as described below:
1.1 “Subscription” refers to a subscription to the Solution the Client has subscribed to, which allows a specified number of displays (seats) to simultaneously have access to the Solution;
1.2 “Purchase order”, also called “quote” or “submission”, refers to the purchase order entered into between the Client and ITES in which the scope of the Solution and the terms of the Subscription are set out, including, among others, the number of displays (seats). The Purchase order can be amended from time to time by mutual agreement between the parties;
1.3 “Client” refers to the company with a Subscription and, when applicable, the company that has signed the Purchase order. Depending on the situation, this term can also include the End users;
1.4 “Content” refers to any kind of information, image, trademark (registered or not), and any text, graphic document, visual or sonic content, digital or of another kind, created or provided by the Client and shared through the Solution or within the scope of its use of the Solution;
1.5 “Agreement” refers to the agreement entered into between the Client and ITES under the foregoing Terms, the Purchase order, any support agreement and/or the applicable level of service and, if applicable, any complementary agreement entered into between ITES and the Client;
1.6 “Disruption” refers to any programming error or malfunction interfering with the normal operation of the Solution in its intended use. This excludes minor inconveniences and malfunctions as well as functional or cosmetic preferences of the Client, both in terms of the features themselves and of the design of the displays or of the Interface. Other exceptions include problems impacting the Solution because of a virus, a failure of the Client’s equipment (in which case, the Client can contact the equipment manufacturers and exercise their guarantee, if applicable), the Client’s use of equipment that does not meet the technical requirements set out by the Solution, or by the Client’s improper or inappropriate use of the Solution;
1.7 “Collateral damage” has the meaning assigned to it in subsection 16.2 of this Agreement;
1.8 “Data” refers to the information entered in the Solution by the Client through the Interface as well as other data related to the Client’s business operations and created through the use of the Solution;
1.9 “Intellectual property rights” refers to, among others, all rights, titles and interests, future or existing, pertaining to: (a) a patent, a trademark, a domain name, a copyright, a system, software, a source code, an object code, a compilation, know-how, information, an invention, a technology, a right to use, procedures, a development, technical information, databases, algorithms, engineering or reverse engineering; (b) the registration or a submission to register the aforementioned intellectual property rights; or (c) the Solution;
1.10 “Duration” refers to the duration of the Subscription stated on the Purchase order, the time period of which begins at the reception of the Purchase order signed by the Client and ends at the end of the access to the Solution by the Client’s last End user;
1.11 “Statement of work” has the meaning assigned to it in subsection 5.1 of this Agreement;
1.12 “Interface” refers to the interface used to access and use the Solution, and through which End users can access Data and manage ads well as deploy the Content shared through the Solution;
1.13 “Professional services” has the meaning assigned to it in subsection 5.1 of this Agreement;
1.14 “Solution” refers to the Cloud computing Solution developed and offered by ITES which enables the Client to digitally display their Content and Data, as well as any other relevant service provided by ITES to End users, in accordance with this Agreement and offered through a Subscription;
1.15 “Specifications” refers to the technical specifications required to properly access and use the Solution, and includes all the required equipment, which is detailed in the Purchase order, as applicable, or as described in our web site at the following address: https://support.itesmedia.tv/en/what-are-the-minimum-requirements; and
1.16 “End user” refers to all End users of the Solution using it through a Subscription in good standing. For the purposes of this Policy, this term also includes the Client.
What information do we collect, and why?
2.1 User-provided information
2.1.1 Contact information
A user creating a user account and using the Solution needs to provide their name, their email address and the language of their choice for the interface. When it is required or relevant to do so, we may use this information for communications about our services as well as for requests or communications about technical support. The name and the choice of language are used to personalize these communications.
2.1.2 Username and password
During the account creation process, a temporary password is sent to the user, who will then be able to create their personal password. The username is the user’s email address. The username and the password are required to access the Interface and the Client portal. The user can also provide their phone number if they choose, and if they want to activate the two-factor authentication.
Requests for assistance — The Help center and our web site include a form you can use to describe an issue, send a comment or share a suggestion. When you fill this form, you need to provide any information that could help us process your request.
Comments and suggestions — You may provide comments and suggestions about our solutions or our sites. By doing so, you agree that we can use them to create, improve and market products or services on an unrestricted basis and without any kind of compensation from our part whatsoever.
2.2 Information collected automatically
2.2.1 Usage data
As a cloud solution, ITES automatically collects various information in its web server logs. The collected data can pertain to the device used (operating system, type of computer equipment, browser name, etc.) or to the ways the Sites and the Solution are used (frequency and length of visits, activated options, display preferences, search words, etc.). We only use this information in aggregate, i.e., all of the users’ data is combined, which makes it impossible to identify users individually. This information helps us make decisions about the improvement of our products and our services. For example, we could choose to improve the interface of our most popular browsers or add articles in our Help center that relate to words our users enter most frequently in their search queries.
2.2.3 Single sign-on
When an account is linked to a single sign-on (SSO) authentication service (e.g., Google Single Sign-On), we only collect the authentication information required by this connection service, i.e., the email address. Passwords are never collected this way.
2.2.4 IP address
We may occasionally document and analyse IP addresses, as they can help us find the cause of a technical issue (among others). We do not collect the precise geolocalization of users or devices, nor do we collect or save geolocalized data.
2.2.6 Web audience analysis
To gain a better understanding of a technical problem or to improve Applications or Sites, we may call upon web audience analysis service providers such as Hubspot or Google Analytics. Even though these services do not collect personal information which could identify you, Google may use the data collected to contextualize and personalize ads for its own advertisement network.
2.2.7 Facebook advertisement tracking
We sometimes use Facebook’s Visitor Action Pixels, which enables us to follow the interactions of site visitors after they have been redirected to the Sites by clicking a Facebook ad. Data collected this way is anonymous, i.e., we do not see users’ personal data. However, data is collected and processed by Facebook, and Facebook can link this data to your Facebook account and use it for its own promotional purposes.
3. What we do with the data we collect
We only collect personal data that is necessary to provide our services and products to you. As such, we use your personal data to:
- provide services to you through the Solution and our sites;
- provide technical support to you;
- maintain our business relationship with you;
- ensure effective operation of the Solution and of our Sites as well as their continuous improvement;
- answer your questions and, if applicable, respond to your job applications.
4. What we do not do with the data we collect
- we will not sell, rent or provide to a third party the personal information of users of the Applications and of the Sites;
- since our Applications are paying applications, they never expose their users to ads.
5. How do we share information?
5.1. Security measures
Protecting personal data is of the utmost importance to us, and security is our priority. These are actions we undertake to ensure the safety of the Sites and of the Applications:
- We use the SSL (Secure Sockets Layer) protocol to establish an encrypted link between our web servers and the browser. This link ensures the confidentiality and the security of the exchanged data.
- We use servers protected by firewalls and located in a secure location to prevent any unauthorized access.
- We store and transfer passwords using secure and recognized encryption technologies.
- We control and restrict employee access to our users’ databases.
- We regularly review security measures and practices listed above.
5.2. General measures
We are fully committed to follow a global and systematic process to comply with the principles set out in many laws and regulations, namely the Personal Information Protection and Electronic Documents Act (PIPEDA), the Act Respecting the Protection of Personal Information in the Private Sector (ARPPIPS) and the General Data Protection Regulation. Here are the actions we are undertaking to comply with these laws and regulations.
5.2.1 Deletion and right to be forgotten
Users can delete their access from their management interface. If a user has the appropriate rights, they can also delete the account completely. Furthermore, all accounts are deleted upon the user’s request. For subscriptions, the deletion is triggered automatically one (1) year after its expiry. The deletion of personal information is permanent, and data cannot be restored. You can also exercise your right to be forgotten by sending a request to this effect at firstname.lastname@example.org.
5.2.2 Right of rectification
Personal data is stored in your management interface. You can access and edit it at any time. You can also send a request to change incorrect information at email@example.com.
5.2.3 Legal requirements
ITES will never disclose Data to a third party, unless it is in accordance with the Solution and its features and, as the case may be, in accordance with any applicable privacy agreement between the Client and ITES. If ITES is required to disclose information or provide a copy of the Data to a government agency under a law or pursuant to a court order, ITES will take commercially reasonable measures to inform the Client beforehand, so far as it is legally permitted to do so. ITES agrees to only disclose or provide information or Data required by such law or order. The Client shall hold ITES harmless from any damages or liability arising out of such disclosure or transfer of Data in accordance with this subsection.
5.3. In case of a disruption
We strive to protect our users from unauthorized use, disclosure or access to their personal information. Even by following the highest industry standards, we cannot guarantee that our security system is 100% fail-proof. If we were to detect a security breach that could impact our users’ accounts, we will contact all users by email within 24 hours. The appropriate regulatory authority will also be notified if required by law.
This document will be updated from time to time to ensure it remains relevant to the upgrades to the Solutions and the Sites, the security technologies and the changes to privacy regulations. We expect these updates to be minor. However, if changes to this Policy significantly impact the safeguards described herein, we will send an email to all Solution users who hold an account.
6.2. General consent
Using a Solution indicates your consent to this Policy. If you disagree with any of the terms set out herein, you must immediately stop using the Solutions and the Sites.
If you are not satisfied with the way we use your personal information, you can consult with the supervisory authority of your country or province with the power to process this type of complaint; for example, the Office of the Privacy Commissioner or the Commission d'accès à l'information du Québec (Information Access Commission of Quebec).