Privacy Policy

Les Solutions XPERCA Inc. (« XPERCA » or « we ») are committed to protecting your privacy and the privacy of the Beneficiaries. We respect your privacy and want you to understand how we collect and safeguard your personal information and the personal information of the Beneficiaries (collectively, the “Personal Information”). Capitalized terms not otherwise defined herein shall have the meaning ascribed thereto in the User Agreement between XPERCA and the User (for herself/himself and for and on behalf of his Beneficiaries).

1. HOW WE COLLECT THE PERSONAL INFORMATION

Users’ registration or enrolment to XPERCA online services is done on a voluntary basis; it will allow us to meet your needs by allowing us to access the personal information that you have provided to us regarding your organization, its members and people working in and around the organization.

Should you choose to register or enrol with our online service, we will collect and keep Personal Information about the User and the Beneficiaries. All Information stock on XPERCA website were provided to us in registrations, applications and other forms by Users having rights to XPERCA website. In addition, Personal Information from transactions by Users or Beneficiaries with us or XPERCA clients may be collected and kept, as well as technological information that we receive automatically when you visit our website such as cookies, log files, or web beacons.

This Personal Information will allow us to contact you about services that may be of interest to the User and the Beneficiaries. Such Personal Information includes the contact information that you must provide to us to set-up your account, such as the User’s and the Beneficiaries’ name, mailing address, email address, date of birth and telephone numbers, as well as information on their interests or hobbies.

2. CLIENT RESPONSABILITIES

The client agrees to use the Service solely as contemplated by this Agreement with Les Solutions XPERCA Inc. and further agrees that it will: i) have sole responsibility for the accuracy, quality, integrity, legality, reliability and appropriateness of all client data; (ii) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Service, and notify Les Solutions XPERCA Inc. promptly of any such unauthorized use; (iii) comply with all applicable local, state, provincial, federal and foreign laws in using the Service; (iv) collect and maintain any personal information from users (the “Users”) which have entered into a User Agreement (the “User Agreement”) with Les Solutions XPERCA Inc. and are registering or enrolling in the web-based program offered by XPERCA, and the Beneficiaries (as this term is defined in the User Agreement), in accordance with all applicable laws; and vi) defend, indemnify and hold harmless Les Solutions XPERCA Inc., its shareholders, directors, officers, employees, agents and representatives from and against any and all claims, actions or lawsuits related to or arising from (1) the use by an employee, officer, consultant or representative of the client of Les Solutions XPERCA Inc. (2) the collection, transmission, use, storage or disclosure of any personal information of any Users and Beneficiaries, and will not: (i) license, sublicense, sell, resell, rent, lease, assign, distribute, timeshare or otherwise commercially exploit or make the Service available to any third party, other than as contemplated by this Agreement; (ii) send spam or otherwise duplicative or unsolicited messages in violation of applicable law; (iii) send or store infringing, obscene, threatening, libellous or otherwise unlawful or material which gives rise to a delict or is otherwise tortuous, including material violating third party rights including, but not limited to, privacy of rights; (iv) send or store material containing software viruses, worms, Trojan horses or harmful computer codes, files, scripts, agents or programs; (v) interfere with or disrupt the integrity or performance of the Service or the data contained therein; (vi) attempt to gain unauthorized access to the Service or its related systems or networks; (vii) modify, copy or create derivative works based on the Service or Les Solutions XPERCA Inc. Technology (as defined herein); (viii) create internet “links” to or from the Service, or “frame” or “mirror” any content forming any part of the Service other than on the client’s own intranets for the purposes hereof or otherwise for its own internal business purposes; or (ix) disassemble, reverse engineer or decompile the Service or the Les Solutions XPERCA Inc. Technology for any purpose or reason.

3. PROPRIETARY RIGHTS TO SERVICE AND DATA

IP Rights
In providing the Service, Les Solutions XPERCA Inc. utilizes (i) certain audio and visual information, documents, software and other works of authorship and (ii) other technology, software (source code, object code and documentation), products, processes, algorithms, user interfaces, know-how and other trade secrets, techniques, designs, inventions (patentable or not) and other tangible or intangible technical material and information (collectively, the « Technology Les Solutions XPERCA Inc. »), which is covered by intellectual property rights owned by or licensed to Les Solutions XPERCA Inc. (collectively, the “Les Solutions XPERCA IP Rights”).

Other than as is expressly set forth in this Agreement, no license or other rights in or to the Les Solutions XPERCA Inc. Technology or the Les Solutions XPERCA Inc. IP Rights are granted to the client, and all such licenses and rights are expressly reserved.

The client grants to Les Solutions XPERCA Inc. a royalty-free, fully paid, worldwide, perpetual, irrevocable, fully transferable and fully sub-licenseable right and license to use, develop, improve, modify, incorporate and commercialize into the Service any suggestions, ideas, enhancement requests, feedback, recommandations or other information provided by the client relating to the Service.

Client Data
All client data, inputted or uploaded, is the sole and exclusive property of the client. The client, on its behalf, grants to Les Solutions XPERCA Inc. a royalty-free, fully paid, worldwide, perpetual, irrevocable, fully transferable and fully sub-licensable right and license to use the client data in connection with the use, operation and commercialization of the Service in accordance with all applicable privacy legislation.

4. LIMITATION OF LIABILITY

Neither Les Solutions XPERCA Inc., its affiliates, directors, shareholders, officers, employees or assigns shall be liable for any indirect, incidental, special, punitive, collateral or consequential damages or for any lost or imputed profits or revenues or lost data or costs of cover arising from or related to the service or this agreement, regardless of the legal theory under which such liability is asserted and regardless of whether a party has been advised of the possibility of any such liability, loss or damage. Notwithstanding any provisions of this agreement, Les Solutions XPERCA Inc.’s total aggregate liability arising from or related to this agreement shall not.

In the event of a Force Majeure, Les Solutions XPERCA Inc. shall have no liability to the client.

We will use the Personal Information solely for the purposes of (1) matching potentially useful products and services to the interests of the User and the Beneficiaries, based on the Personal Information provided to us and tailoring it to the needs of the User and the Beneficiaries and (2) transmit such Personal Information to third parties offering services to which the User or the Beneficiaries wish to subscribe to or enrol with via XPERCA’s web-based application platform. Such third parties may have separate privacy policies and different data-collection practices. Les Solutions XPERCA Inc. is not responsible for the actions or practices of these third parties, nor for the Personal Information provided to them as directed by the User and/or the Beneficiaries. Should we require Personal Information about the User or any of the Beneficiaries for any other purpose, we will explain how we intend to use it at the time of collection, and obtain your prior consent. The User and the Beneficiaries have the right to refuse the disclosure of such Personal Information, at any time and can do so by emailing at info@xperca.com.

When becoming a User of XPERCA online application service, we will use the Personal Information to build and manage an account. We may use certain third parties, as well as our own agents or representatives to provide marketing and administrative services. Third parties may also be used to help us administer our online services or assist us in analyzing data or sending out of Personal Information. As a result, they may have Personal Information about you in order so that they may perform their functions. However, all third parties, agents and representatives will be bound by legal agreements to not use or disclose the Personal Information we provide them for any purpose other than to perform their requested functions.

When becoming a User of our online application service, we will use the Personal Information to build and manage an account. From time to time, we may also provide aggregated, non-personally identifiable information about our Users to third parties for audit, marketing and other purposes. Because aggregated data is not associated with any particular person, these third parties will not have access to any personally identifiable information about the User and the Beneficiaries.

5. PROTECTING THE PERSONAL INFORMATION

We will protect the Personal Information with technical safeguards and security measures and will only retain the Personal Information for the time that it is required and the purposes for which we specify. We will promptly investigate and respond to concerns that you bring to our attention concerning the Personal Information and will advise you of the status of our investigation in a timely manner.

In order to enhance the protection of the Personal Information, you should never share your XPERCA password with anyone. If you feel that your password has been compromised, you should change it immediately. After you have finished using our site, you should log out of your XPERCA account and exit your browser to prevent unauthorized access of your account.

To the extent that we provide the Personal Information to other persons, we will only provide such information that you have consented to or that is required or permitted by law.

Notwithstanding the above, we may disclose the Personal Information about you to third parties when we believe such disclosure is appropriate to comply with a legal requirement, such as a law, regulation, court order, subpoena or search warrant, or in the course of a legal proceeding. We may also disclose the Personal Information as we believe appropriate to enforce or apply our rights under our agreements, to protect the rights, property or safety of Les Solutions XPERCA Inc., our customers and others, including exchanging information for fraud protection and credit risk reduction.

6. BUSINESS TRANSACTION

In the event that we intend to sell or transfer ownership or control of any or all of our business, operations or services to a third party, we reserve the right to disclose the Personal Information that we have to a potential buyer both before and after the purchase. However, in the event the sale goes through, we will require that the receiving party agree that they will be similarly bound by the provisions of this Privacy Policy and that they will only use and disclose the Personal Information that we have about the User and the Beneficiaries as we are entitled under this Privacy Policy. In the event the sale does not go through we will require the potential purchaser to not use or disclose the Personal Information that we have about the User and the Beneficiaries in any manner whatsoever and to completely erase the same.

7. HANGES TO PRIVACY POLICY

We reserve the right to revise this Privacy Policy at any time and without advance notice. You are encouraged to review this Privacy Policy and all other policies on the XPERCA website regularly. Use of this site is also governed by the Les Solutions XPERCA Inc. User Agreement Terms and Conditions.

To the extent that any material changes are made to this Privacy Policy and/or to XPERCA more generally, and to the extent that these changes will have an impact on the Information-Handling practices described herein, a notification will be posted on XPERCA web-site prior to the implementation of such changes and the User and any Beneficiary which is legally authorized to provide his or her consent will be given the opportunity to opt-out of or withdraw his or her consent from the use of his or her existing Personal Information in a new manner.

THIS AGREEMENT WAS WRITTEN IN FRENCH (CAN). TO THE EXTENT ANY TRANSLATED VERSION OF THIS AGREEMENT CONFLICTS WITH FRENCH VERSION, THE FRENCH VERSION CONTROLS.

Questions? Don't hesitate
Contact us!
info@xperca.com
514 961 1454