Cinchy Inc. (“Cinchy”, “we”, “us” or “our”) takes steps intended to meet privacy principles and requirements with respect to personal information under applicable privacy legislation. The purpose of this statement is to inform our customers and other individuals we deal with (“you” or “your”) how we collect, use, disclose and protect your personal information. Personal information is information about an individual through which that individual can be identified, as more particularly described under applicable privacy legislation. This statement does not apply to information about our employees or to information that is not personal information.
Personal Information We Collect
Cinchy and its agents and representatives collect personal information in a number of circumstances in the course of serving our customers by creating business outcomes using data collaboration methodology. Personal information we collect may include:
- name, address, telephone number, and other contact information
- corporate bank account number, transit, bank address, and other financial information
- licenses and service credits (professional services) purchase history
- such other information we may collect with your consent or as permitted or required by law
Use of Personal Information
Cinchy generally uses personal information for the following purposes:
- Sales and marketing of the Cinchy software products.
- To respond to your requests for information about our products, services, training, and events.
- To inform you about our products and services.
- To send marketing, advertising, training, or event materials to which you’ve agreed, requested or subscribed.
- Customer support and service for the Cinchy software products.
- To provide product enablement and licensing, customer service, and support.
- To enable your access and use of the https://www.cinchy.com/ website (The “Site” or the Cinchy data collaboration platform (The “Platform”), and to enable you to communicate, collaborate, and share information with those you designate.
- To send you technical notices, updates, security alerts, and support and administrative messages.
- To apply information security policies and controls on the Site, including overall Site integrity, identity management, and account authentication.
- To monitor your user experience on the Platform.
- To enable Cinchy to proactively help customers maintain the performance and functionality of deployments of the Platform.
- Managing, administering, collecting, or otherwise enforcing customer accounts.
- Maintaining business records for reasonable periods, and generally managing and administering our business.
- To administer your account if you have registered on the Site or Platform, including billing and payment.
- To enable Cinchy to verify your license to access the Platform.
- For legal compliance, such as to enforce our legal rights, to comply in good faith with applicable laws, and to protect users of the Site or Platform.
- For other general business management and operations purposes, such as to provide, operate, maintain, make modifications to protect and improve the Site or Platform.
- For research and development to improve the Platform and other Cinchy services.
- Meeting legal, regulatory, insurance, security and processing requirements.
For other purposes about which we notify you and, where relevant or required, give you choice about the new purpose.
And otherwise with consent or as permitted or required by law
Disclosure of Your Personal Information
Cinchy discloses personal information in the following circumstances:
- Disclosure may be reasonably necessary to comply with any applicable law, regulation, legal process, or lawful government request, including in connection with national security or law enforcement requirements. This may include disclosures: to respond to subpoenas or court orders, or as otherwise required by law. In each case, we will make reasonable efforts to verify the validity of the request before disclosing your personal information.
- To establish or exercise our legal rights or defend against legal claims; or to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Service Agreement.
- To enforce our agreements, policies, and Terms of Service.
- To protect the security and integrity of the Site.
- To respond to an emergency that we believe in good faith requires us to disclose information to assist in preventing serious bodily injury or death of any person.
We may also provide your Personal Information to a third party in connection with a merger or acquisition of Cinchy, either in part or in whole, or the assignment or other transfer of the Site. In such event, such third party will either:
- involving your Personal Information collected before such merger, acquisition, assignment or other transfer, inform you and get your express affirmative consent to opt in to the new practices; and/or
- involving your Personal Information to be collected after such merger, acquisition, assignment or other transfer, inform you in some prominent manner enabling you to make a choice about whether to agree to the new practices.
In addition to the above, personal information may be disclosed to affiliated contractors, who provide services to Cinchy for product development, testing, internal audit, management, billing or administrative purposes including defending and bringing legal actions.
Service Providers. Cinchy may transfer personal information to outside agents or service providers that perform services on our behalf, for example server hosting, professional service, support, billing, marketing, or similar services, or otherwise to collect, use, disclose, store or process personal information on our behalf. Some of these service providers or affiliates may be located outside of Canada, including in the United States or India, and your personal information may be collected, used, disclosed, stored and processed in the United States or elsewhere outside of Canada for the purposes described in this Privacy Statement. Reasonable contractual measures will be taken to protect your personal information while processed or handled by these service providers.
Business Transactions. Personal information may be used by Cinchy and disclosed to parties connected with the proposed or actual financing, securitization, insuring, sale, assignment or other disposal of all or part of Cinchy or our business or assets, for the purposes of evaluating and/or performing the proposed transaction. These purposes may include, as examples:
- Permitting those parties to determine whether to proceed or continue with the transaction
- Fulfilling reporting, inspection or audit requirements or obligations to those parties
- Assignees or successors of Cinchy or our business or assets may use and disclose your personal information for similar purposes as those described in this Privacy Statement.
- Legal, Regulatory, etc. Cinchy may disclose your personal information as necessary to meet legal, regulatory, industry self-regulatory, insurance, audit, and security requirements, and as otherwise with your consent or as permitted or required by law (including as required by applicable Canadian and foreign laws applicable Cinchy or our agents and service providers, and including lawful requirements to disclose personal information to government authorities in those countries).
Our Website/The Internet
When you use the Site, create an account to use the Site, use our Platform, or otherwise communicate with us (e.g. via email), Personal Information will be collected by the Site or Platform. The Personal Information collected is as follows:
- Business address
- Business telephone number
- Email address
- IP-address and other online identifiers
- Location Data
- Any customer testimonial you have given us consent to share on the Site (please see below “Accessing, Correcting, and Deleting your Information” for information about how to update or delete your testimonial).
- Information you provide to the Site’s Interactive Areas. Note that any information that you post in an Interactive Area might be read, collected, and used by others who access it. You may take down any information you have added to the Interactive Areas at any time. (Please also see below “Accessing, Correcting, and Deleting your Information” for information about how to delete information we hold about you).
- To request removal of your personal information from an Interactive Area, please contact us at privacy@Cinchy.com.
- Information you provide via fillable forms or text boxes, such as training, webinars, or event registration.
- Information regarding the device you are using, comprising the hardware model, operating system and version, unique device identifiers, network information, IP address, and/or Platform information when interacting with the Site or Platform.
- Information about all of your interactions with the Site or Platform (“Usage Data”) and how the Site or Platform is performing (“Analytics Data”).
- Usage Data includes information regarding any interaction you have with the Site or Platform, such as which functionalities are used and the frequency of use (e.g., pages visited, actions taken, queries run, fields added, user accounts, account roles, and connected database types).
- License checks including the number of users, roles, and database connections.
- Analytics Data includes information gathered via our licensing management service, which sends data to Cinchy concerning the performance of the Site or Platform.
- If a Cinchy customer uses the software to analyze personal data in their databases, Cinchy will process the categories of personal data analyzed, which may include special categories of data as determined by the customer, including without limitation factors specific to the individual’s physical, physiological, genetic, mental, economic, cultural or social identity.
- Information gathered through cookies, pixel tags, logs, or other similar technologies. See “Cookies and Related Technologies” section below.
Cookies and Related Technologies
- are essential for us to provide our Site or Platform to you;
- help us optimize, personalize and/or otherwise improve your experience and/or the performance of the Site and our service and marketing-related communications with you;
- enable advertising delivered to you to be more relevant; and
- most web browsers allow you to erase cookies on your computer, block cookies from your computer, or notify you when a cookie is stored on your computer. If you choose to disable or otherwise block certain cookies, you may be unable to use, or experience decreased functionality with, parts of the Site. Your browser may also support functions to block or restrict pixel tags.
Consent to the collection, use, and disclosure of personal information may be given in various ways. Consent can be expressed (for example, orally, electronically, or on a form you may sign describing the intended uses and disclosures of personal information) or implied (for example, when you provide information necessary for a service you have requested). You may provide your consent in some circumstances where notice has been provided to you about our intentions with respect to your personal information and you have not withdrawn your consent for an identified purpose, such as by using an “opt out” option provided, if any. Consent may be given by your authorized representative (such as a legal guardian or a person having a power of attorney). Generally, by providing us with personal information, we will assume that you consent to our collection, use, and disclosure of such information for the purposes identified or described in this privacy statement, if applicable, or otherwise at the time of collection.
You may withdraw your consent to our collection, use, and disclosure of personal information at any time by emailing email@example.com, subject to contractual and legal restrictions and reasonable notice. Note that if you withdraw your consent to certain uses of your personal information, we may no longer be able to provide certain of our products or services. Note also that where we have provided or are providing services to you, your consent will be valid for so long as necessary to fulfill the purposes described in this Privacy Statement or otherwise at the time of collection, and you may not be permitted to withdraw consent to certain necessary uses and disclosures (for example, but not limited to, maintaining reasonable business and transaction records, disclosures to Canadian and foreign government entities as required to comply with laws, and reporting on credit information after credit has been granted, if applicable).
Cinchy collects, uses, and discloses your personal information with your consent, except as permitted or required by applicable law. We may be required or permitted under statute or regulation to collect, use or disclose personal information without your consent, for example, to comply with a court order, to comply with local or federal regulations, or a legally permitted inquiry by a government agency, or to collect a debt owed to us.
We take reasonable steps to protect your personal information using physical, electronic, or procedural security measures appropriate to the sensitivity of the information in our custody or control, which may include safeguards to protect against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. Authorized employees, agents, and mandataries of Cinchy who require access to your personal information in order to fulfill their job requirements will have access to your personal information.
Access, Correction, and Contacting Us
Cinchy may establish and maintain a file of your personal information for the purposes described above. If you wish to request access or correction of your personal information in our custody or control, you may write to the privacy email address, firstname.lastname@example.org, attention Privacy Officer. Your right to access or correct your personal information is subject to applicable legal restrictions. We may take reasonable steps to verify your identity before granting access or making corrections. If you wish to make inquiries or complaints or have other concerns about our personal information practices, you may write to us as described above, e-mail us at email@example.com or telephone us at 1-844-424-6249.
Privacy Statement Changes
This Privacy Statement may be revised from time to time. If we intend to use or disclose Personal Information for purposes materially different than those described in this statement, we will make reasonable efforts to notify affected individuals, if necessary, including by revising this Privacy Statement. If you are concerned about how your personal information is used, you should contact us as described above to obtain a current copy of this statement. We urge you to request and review this Privacy Statement frequently to obtain the current version. Your continued provision of Personal Information or use of our services following any changes to this Privacy Statement constitutes your acceptance of any such changes. This privacy statement is effective as of June 15th, 2020.