Privacy Policy

Introduction

This Privacy Policy explains our policy regarding the collection, use and disclosure of your personal information.  It also describes your options on how we use your personal data, and how to contact us with any concerns or requests in relation to our use of your data.

nModal Solutions Inc., a Canadian Controlled Private Corporation, and its divisions, affiliates and subsidiaries ("nModal") respects the privacy and the integrity of any information that you provide in the use of nmodal.com, datamartist.com, analyticscanvas.com, their sub-domains, Google Sheets or Docs add-ons, any related websites and any features, content, application (collectively, the “Websites”), or services offered by nModal.

Your Rights

In accordance with the GDPR, we are extending the following rights to all of our customers:

  • The right to be informed;
  • The right of access;
  • The right to rectification;
  • The right to erasure;
  • The right to restrict processing;
  • The right to data portability;
  • The right to object; and
  • The right not to be subject to automated decision-making including
    profiling.

The Right to Be Informed: 

  • You have the right to be informed about the collection and use of your personal data.  This Privacy Policy outlines the information we collect. 
  • This document informs you of our purpose for processing your personal data, the retention period, and who the data will be shared with 
  • We make this document available to you through our website in the footer of every page, as well as in links on every sign-up form 
  • We do not obtain your personal data from any other sources
  • We will notify our customers by email when we make changes to this privacy policy and will keep this document updated.  

The Right of Access

  • You have the right to access your personal data retained by us
  • You may request your data by writing to our Data Protection Officer at privacy@nmodal.com from the email address you used to sign-up for our products or services 
  • You have the right to a reply with within 1 month of your request 

The Right to Rectification: 

  • You have the right to have inaccurate personal data rectified or completed if it is incomplete 
  • You can request rectification by writing to our Data Protection Officer at privacy@nmodal.com from the email address you used to sign-up for our products or services 
  • You have the right to a reply with within 1 month of your request

The Right to Erasure: 

  • You have the right to have your personal data erased from our systems
  • You can request erasure by writing to our Data Protection Officer at privacy@nmodal.com from the email address you used to sign-up for our products or services 
  • You have the right to a reply with within 1 month of your request

The Right to Restrict Processing:

  • You have the right to request the restriction or suppression of your personal data
  • When processing is restricted, we are permitted to store your data, but not use it
  • You can request that we restrict or suppress your personal data by writing to our Data Protection Officer at privacy@nmodal.com from the email address you used to sign-up for our products or services 
  • You have the right to a reply with within 1 month of your request

The Right to Data Portability

  • You have the right to obtain and reuse your personal data for your own purposes across different services 
  • We believe in full transparency and will make available the data that we collect directly from you, or data that is observed by our systems based on your use of our Websites, products, or services.
  • We will transmit the data to you securely, in a format that is structured, commonly used (CSV, XML, or JSON), and machine-readable. 
  • You can request a copy of your personal data held by us by writing to our Data Protection Officer at privacy@nmodal.com from the email address you used to sign-up for our products or services 
  • You have the right to a reply with within 1 month of your request

The Right to Object

  • You have the right to object to the processing of your personal data in certain circumstances, 
  • You have an absolute right to stop your data from being used for direct marketing 
  • You can object to the processing of your personal data by writing to our Data Protection Officer at privacy@nmodal.com from the email address you used to sign-up for our products or services 
  • You have the right to a reply with within 1 month of your request

Certain personal information may be exempt from your requests in certain circumstances, which include a need to keep processing information for our legitimate interests or to comply with a legal obligation. If such an exception applies, we will notify you when responding to your request.  If you have questions or concerns regarding this statement, or feel that nModal has not complied with the Policy, you should first contact our Data Protection Officer at privacy@nmodal.com .

Collection of Personal Information

In order to use our products or services you must first complete a registration process and establish an account (“Account”) on our Websites (or grant access to the applicable information via third party authorizations such as Google Analytics and Google Drive).  During registration of your Account, you may be required to provide basic contact information such as:

  • your first and last name
  • the company or organization you represent
  • your email address
  • information you provide through the use of optional fields

nModal will retain this information and associate it with your Account. nModal will maintain the confidentiality of this information, using it only as outlined by this Privacy Policy. We may store this information with third party service providers operating in the “cloud” located outside of Canada (“nModal Servers”). In addition, to place an order for services using a credit card, nModal will also acquire your IP address and direct you to our payment processor (see the section entitled Fastspring (Bright Market LLC)).  To place an order from us directly, nModal will require your billing information, which may include your or your organization's billing information (such as a physical address, phone number, email contact, etc.). 

Trial and License Activation and Validation

In order to activate a either a trial version or a licensed version of nModal software, or to use either free or paid versions of Google Sheets or Docs add-ons, the application will communicate with nModal Servers, and hardware information, IP address, and depending on product type, user name and other information will be sent and stored to determine if a given machine or user is eligible for a trial activation, and to track the use of licenses. This information is used for licensing monitoring and enforcement purposes, and to enable nModal to manage API quotas and other operational matters.

Automatic Error Reporting

In order to maintain the high level of quality and stability of nModal software, critical errors are reported automatically to the central licensing server. The machine ID, account number and error details are transmitted securely and stored to enable nModal to understand and correct software issues.

Application Use Tracking

In order to monitor and ensure compliance with our and third party licensing agreements and quotas, the Analytics Canvas software connects to the nModal Servers at each launch of the application, to validate the trial or subscription Account, and reports via a secure web service during use of the software to report activity for tracking purposes.  The activity reporting starts upon activation of the free trial period. The following information is transmitted to the nModal Servers where applicable:

  • Analytics Canvas Account Number
  • Third party service user ID,
  • Machine ID (also known as Device ID),
  • A list of third party API accounts, views, etc., depending on the nature of the API
  • Counts of API calls made to third party APIs

In addition, user actions are tracked to provide insight into use patterns and to help nModal determine the popularity of different application features, and plan development of new features and enhancements as well as to allow nModal to direct support, technical assistance and product and service offers more effectively to users.

For Desktop only use, no information regarding the content of the queries (i.e. which metrics, dimensions, filters etc.), nor any actual web analytics data are ever collected by nModal. nModal tracks for example, that a query is created using a specific part of the application, but not what the specific structure of the query is, nor the actual data involved. For cloud platform use, all aspects of the queries and transformations are of course stored, since the canvases are in fact run on nModal Servers. This information is used for licensing and internal marketing purposes, but will not be shared with third parties except in a completely anonymous and aggregated form.

Surveys

Occasionally, nModal’s Websites may request information from users via surveys.  Participation in these surveys is completely voluntary and the user therefore has a choice whether or not to disclose information.  The requested information typically includes marketing or product feedback information and, in some cases, optional contact and / or demographic information.  If provided, contact information may be used for testimonials or to request additional feedback information. Users will be advised and given an opportunity to consent or opt-out of such uses.  Anonymous survey information will be used for purposes of monitoring or improving the use and satisfaction of the nModal Websites and nModal products and/or services.  Users’ personal information obtained from surveys is not shared with third parties unless nModal provides prior notice and the choice to users.  Though nModal may use an intermediary to conduct these surveys or contests, the intermediary may not use users’ personal information for any secondary purposes.

Cookies 

A cookie is a piece of data stored on the users’ computer or cellular phone tied to information about the user. We use cookies to track information about your use of our Website and Services. We may combine this information with other personal information we collect from you (and our third-party service providers may do so on our behalf). nModal may also use cookies to store certain preferences about the user's use of the services and to link users that have signed up for a free trial or purchased a subscription to their web site activities. This information will not be shared with third parties, but be used exclusively to allow nModal improve its website and application design and to provide the best experience to users.  For example, cookies may be used to allow a user to set a preference to skip a verification screen when capturing information.

We use Google Analytics to evaluate use of our Website and the Services. To opt-out of Google Analytics, please go to:  https://tools.google.com/dlpage/gaoptout/. Please note that if you use a new or different computer, install a new browser, or clear your cookies; in that case, you will need to re-opt-out through the link above. 

We use these tools to help us improve our Services, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. These third parties may collect your device ID, IP address, or other information about your use of the Services as part of the analytics they provide to us.

Web and Mobile Internet Site Activity

Like most standard Web and mobile internet sites, nModal stores and uses web server log files.  These files include information about web browsers, such as internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track users’ movement solely for the internal use of nModal. In addition nModal uses third party tracking tools such as Google Analytics, and Google AdWords to track web visitors.

Forums

In addition, personal information that you submit for publication on the website, through forums or comments, will be published on the internet and may be available, via the internet, around the world.  We cannot prevent the use or misuse of such information by others. When you post such information, it is made public and is not subject to this Privacy Policy. You should exercise caution when deciding to disclose any personal information in a publicly-available forum such as the Websites and you agree to indemnify nModal for any damages or claims resulting from any of your postings. nModal may, but is not obligated to, monitor postings and at its discretion remove any content submitted

Use of Personal Information

We may use your personal information to:

  1. enable your use of the products or services available on our Websites or downloaded to your computer;
  2. send to you downloadable software or activation codes requested via the Website or the products, and supply software or other services to you;
  3. send statements and invoices to you, and collect payments from you;
  4. improve your browsing experience by using your data to profile you and personalise the website;
  5. send you general, commercial communications about our business or the products and services you purchase from us;
  6. send you email or in-app notifications which you have specifically requested, or which are necessary for your use of our software or services;
  7. send you our newsletter and other marketing communications relating to our business which we think may be of interest to you
  8. send you service related announcements, 
  9. connect your account with others within your company or organization
  10. administer your account. For instance, if the products and/or services are temporarily suspended for maintenance, nModal might send users an email.  Generally, users may not opt-out of these communications, though they can deactivate their Account.  However, these communications are not promotional in nature. 
  11. assist in resolving issues or concerns you have with the performance of the products or services
  12. assist in your use of the product or services, ensuring you are able to successfully and fully use our products and services 

We only collect and process your data where we have a lawful basis for doing so, or where we have your direct consent. 

Contract: The use of your information is necessary to perform any contractual obligations in order to provide any products or services to you or to administer any Contests you enter into.

Our legitimate interests: Where collection of your personal data is necessary for the purposes of our legitimate interests, such as to:

  1. run, grow, develop and deliver our products and services; 

  2. enable the products or services to connect to services you have requested, such as third party APIs, databases, or other sources which require your authentication 
  3. detect and prevent fraudulent activities; 

  4. enhance the security of our product and services;

  5. better understand how people interact with our website and our products;

  6. determine the effectiveness of our campaigns and advertising; and 

  7. enhance, modify, personalise or otherwise improve our products, services, and communications for the benefit of our customers.

Your Consent:  we rely on your consent for us to use your personal information to send you promotional marketing information (such as our promotional newsletters and promotional offers) by email.  You acknowledge and agree that by accessing our Websites or using our products and services you fully understand, accept and voluntarily consent to the collection, use, retention and disclosure of personal information in accordance with this Privacy Policy. It is your choice to provide us with your personal information, however, withholding personal information may restrict or prevent us from providing you with a particular product or service. We will only disclose your personal information with your consent, except where otherwise permitted or required by applicable law or regulatory requirement.

How We Share Your Personal Information and Who We Share it With

nModal may share users' personal information with its affiliates, subsidiaries and service providers (both within and outside of Canada) for the sole purpose of providing the nModal service to the user, provided that the information is required for and used only for such purpose and provided the information is used in accordance with this Privacy Policy.  nModal will otherwise only release personal information to third parties in the following limited circumstances:  (i) if a law, regulation, search warrant, subpoena or court order legally requires nModal to do so; (ii) if nModal's rights or property or the rights or property of nModal's affiliates, subsidiaries, service providers or the users of nModal's Websites or services are in jeopardy; or (iii) if the personal safety of users of nModal's Websites or services or other members of the public is in jeopardy.

nModal will not share any information provided by users, except as follows:

Aggregated and anonymous use data

When communicating with customers, partners and service providers, nModal may provide insight into how its customers use its applications and services. Such use data will be made anonymous and be aggregated in a way to protect the privacy of clients except in case where clients have granted explicit permission, such as case studies or testimonials.

Business Transitions

In the event nModal goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users’ personal information will, in most instances, be one of the assets transferred.  Users will be notified via email prior to a change of ownership or control of their personal information.  If, as a result of the business transition, the users’ personal information will be used in a manner different from that stated at the time of collection, users will be given a choice to decline such different use.

Fastspring (Bright Market, LLC)

You may choose to use Fastspring as your payment method for products and services purchased from our Websites or through our services.  You acknowledge and agree that nModal may disclose personal information to Fastspring such as your name and email address so that Fastspring may contact you directly for personal information such as credit card information.

You acknowledge and agree that nModal makes no representation, warranty, covenant, or claim regarding, and nModal expressly disclaims and denies any responsibility or liability for, directly or indirectly, the privacy practices in regard to any personal information that we disclose on your behalf or you provide to Fastspring directly or any other party in relation to purchasing a product or service from our Websites.

You acknowledge and agree that our terms and policies do not govern any other party.

You acknowledge our recommendation to review the applicable privacy and data gathering practices, of any third party to which you provide personal information.

Data Storage and Retention

nModal maintains information about you for as long as we provide service to you, and longer for related business activities. After information is no longer necessary for our business purposes, we (i) destroy the information unless there is an outstanding request or order to preserve the information; or (ii) anonymize the information and use it for aggregated statistical purposes to help improve service and application functionality. This anonymized and aggregated information may be shared with others.  In general, we will automatically destroy any information that can directly identify an individual no later than 10 years after your subscription or trial expires.  

International Transfers

If you are a resident of a country other than Canada and use or submit personal information to nModal, you consent to the transfer of your personal information to Canada and to any of our service providers located outside of Canada. If you are using our service in a country other than the country to which the service is directed, you understand and agree that we may provide a different level of data protection than required by your country of residence.  

Information that we collect may be stored and processed in and transferred between any of the countries in which we operate to enable us to use the information in accordance with this privacy policy. Information which you provide may be transferred to countries, including the United States, which do not have data protection laws equivalent to those in force in the European Economic Area. 

You expressly agree to such transfers of personal information.

Security Measures

nModal employs security measures and follows directives as set out by regulations such as the GDPR, PIPEDA, and CAN-SPAM, as well as industry standard practices, in order to prevent the loss, misuse, unauthorized access, theft and alteration of personal information under nModal's control.

However, no transmission over the Internet can be guaranteed to be completely secure.  Consequently, nModal, its affiliates, subsidiaries, service providers and their respective officers, directors, employees and agents do not represent, warrant or guarantee that personal information will be protected against misuse, loss or alterations and do not accept any liability for personal information submitted to or collected by them nor for your or third parties' use or misuse of personal information.

Age Restrictions

nModal does not intentionally collect or use personal information about individuals under the age of 16. Consequently, use of our Websites and all related services by children under the age of 16 is strictly prohibited. nModal reserves the right to delete, move, edit, refuse to post or take other appropriate action with respect to any messages, information or files which nModal, in its sole discretion, deems objectionable or otherwise in violation of the terms and conditions of this Privacy Policy, Website Terms of Use and any other agreement between the parties.

Changes to the Privacy Policy

Should nModal decide to change its Privacy Policy, changes will be posted on nModal Websites. 

This Privacy Policy will be continuously assessed against new technologies, business practices and our customers' needs. As we update, expand and diversify our products and services, this Privacy Policy may evolve. Please check this Privacy Policy from time to time for updates by checking the date of the "Last Revised Date" at the bottom of this document. If we make any material changes to this Privacy Policy, we will notify you here. A link to our Privacy Policy will be provided at the bottom of each web page on our Websites. You acknowledge and agree that your access of our Websites and your use of our services following any posted changes to the Privacy Policy indicate your acceptance of such changes.

Contact Information

If users have any questions or suggestions regarding nModal’s privacy policy, if you wish to exercise any of your rights in relation to your personal information, or if you want to object to the collection or processing of your data by nModal, whether entirely or partially, please contact our Data Protection Officer at privacy@nmodal.com or write us at:

nModal Solutions Inc.

648 Windermere Ave
Toronto Ontario
CANADA
M6S 3L8

Last Revised Date: May 2018

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