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).
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.
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.
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.
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.
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.
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.
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.
