Xacte is committed to protecting the privacy of Users and Visitors’ information, including Personal Information, Users’ Data and other information.
In that respect, Xacte is committed to complying with all requirements set forth in the Law, and more particularly the ones governing the collect, use, storage, sharing and disposal of Personal Information. In that respect, Xacte has put in place various measures, practices and guidelines to ensure that the privacy and the confidentiality of Users’ and Visitors’ Personal Information and Users’ Data are ascertained.
This Privacy Statement applies to the Website and to any other Service offered by Xacte, as well as to any content or Users’ Data rendered available via the foregoing, and describes Xacte’s Website privacy practices, and more particularly: (i) the kinds of Personal Information and other information that Xacte collects about Users and Visitors, (ii) why Xacte collects them, (iii) how Xacte uses them and protects them, and (iv) under what circumstances Xacte shares them with its Business Partners (and with other third parties when required to do so by the Law). This Privacy Statement also describes the decisions Users and Visitors can make with respect to the collection, access, use and storage of their Personal Information and Users’ Data.
Xacte may modify, from time to time, this Privacy Statement, as set forth in Section 8 hereunder. Users and Visitors should review this Privacy Statement regularly. Should they object to any changes made, they should stop using Website and any other Services and close their account (or delete any Users’ Data or content). By continuing to use any of the foregoing after this Privacy Statement was amended, Users and Visitors are deemed to adhere to the terms and conditions of the Privacy Statement as amended.
In addition to this Website, Xacte provides a variety of online Services to Users and other forms of assistance or services to Visitors. In the course of providing Services to the Users, Xacte collects information from them, the whole as set forth hereunder. Xacte also collects information from Visitors when they enquire about Xacte’s Services, participate in any contest or survey, submit their application or otherwise navigate on Xacte’s Website. In both cases, Xacte collects such Personal Information only for the purposes detailed in this Privacy Statement.
Besides, each employee of Xacte – who collects, stores or uses Personal Information (or Users’ Data) in the name and on behalf of Xacte – is required to ensure that the collection, use, disclosure, storage and disposal of this information is done in compliance with this Privacy Statement, the Law and any other relevant procedure.
When Visitors and Users express an interest in obtaining additional information about the Services, in subscribing to any Service or in opening an online account, Xacte will require them to provide their personal contact information (such as their name, phone number, email address or address) and – if required to properly respond to their inquiry, comment or demand – their profession or medical specialty, their license number and their department and hospital affiliation or place of work. Such Personal Information is collected in order for Xacte: (i) to be able to communicate with the Visitors and Users, (ii) to verify if they qualify as a “Users”, (iii) to determine which kind of Services would be required or desirable for them; and (iv) to respond to their enquiries, comments or requests for information.
When Visitors register to open an account, Xacte requires them to provide their name, email address (or address), telephone number, license number and hospital or department affiliation (or place of work). Xacte requires this information to ascertain that new Users qualify as a “Users” and to communicate with them whenever required (notably when material changes are made to the Agreement).In the course of creating its account, any new User must also provide a password and must agree to be bound by the terms and conditions of the Agreement. During that registration process, such new User may provide additional information to build its profile. Once the account is created, other Users may be able to identify the new User by its Xacte’s profile, send it invitation(s) to be part of their group or synchronize their schedule, calendars or account with the ones of the new User.
When Users purchase Services, Xacte will collect their credit card information (or other information regarding any other means of payment). Users may also be requested to confirm their name, address, email address (or address), license number, hospital or department affiliation (of the place where they work) and any other information required to ascertain that said User can proceed with the transaction. For instance, Xacte may request that a User discloses its title and functions should such User wish to purchase Services or upgrade the account of the Users working in its department. Such information will allow Xacte: (i) to proceed with the transaction, (ii) to deliver and perform the Services requested and (iii) to communicate, wherever required, with any User.
Xacte may conduct contests and surveys via its Website and other Services. In that respect, Users and Visitors may be asked to provide Personal Information such as their name, address and email address. Users and Visitors will also be required to provide answers to the survey questions (or wherever applicable to the contest question(s)). Xacte or its Business Partners may also provide Users and Visitors with incentive offers to encourage Users and Visitors to participate to Xacte’s contests and surveys, which offers may also require the disclosure of Personal Information. The choice to participate in said surveys and contest or to take advantage of any incentive remains, at all times, at the sole discretion of the Users and Visitors. Any Personal Information obtained by Xacte in connection with the foregoing will only be used to contact the contest participants and for any other purpose expressly set forth in said survey or contest or permitted by the Law.
When Users and Visitors register to receive publications, brochures or newsletters or to attend any event that Xacte hosts or organises, said Users and Visitors will be required to provide Xacte with their names and email address. This Personal Information is essential to send Users and Visitors the tickets and information pertaining to the event, or the publication, brochure or magazine to which they subscribed. Depending upon the type of publication or event organised, Users and Visitors may have to communicate additional Personal Information. This will be notified to Users and Visitors prior to the collect of such information. Users and Visitors may request at all times to be removed from any mailing list, the whole as set forth in Subsection 5.1.
When Users and Visitors communicate with Xacte’s Customer Service, said Customer Service will have access to any information they communicate or otherwise disclose, such as their name, email address, telephone number and address, as well as any opinion, question, or comment made. Xacte’s Customer Service will thereafter collect the information needed: (i) to categorize the communication, (ii) to respond to any enquiry, comment or request for information, (iii) to send any information requested, (iv) to investigate any breach of the Privacy Statement or Agreement; or (v) to track problematic situations to see if they are isolated or are rather part of a more generalised problem.
When using the Services, Users will upload various types of Users’ Data. Xacte may collect – for analytic and statistical purposes – such data Users provide, disclose or otherwise render available about themselves or about others when using the Services via their account or session. Xacte may also collect information regarding the content shared or communicated by others and information about Users’ network and groups. Users’ Data and other information collected could include: (i) the information in or about the content Users provide, such as the date the information was rendered available and the place from which such content was published, (ii) the type of Content (or Users’ content) viewed or published and (iii) the manner that the Content, Website or other Services are used.
Xacte shares information about itself and its Services on Facebook. Similarly, Users and Visitors sending or accepting Xacte’s “friend request” or otherwise “following” Xacte share information that said Users or Visitors (or their “Facebook friends”) posted on their Facebook page. Accordingly, Xacte may see or consult the information available on these Facebook pages such as the name, age, city and place of work of such Users and Visitors, as well as any other information available on their “wall” or page. Users or Visitors can always choose the audience that can see what they share. Accordingly, unless Users and Visitors limit the information displayed via their Facebook privacy settings or the Facebook audience selector, Users and Visitors are deemed to have agreed to share such information with their “friends” or persons they “follow” including Xacte.Should Xacte or its Business Partners collect any information available on Facebook, they shall do so on an aggregate and de-identified basis, the whole for analytical and statistical purposes only.
Xacte may use – for marketing purposes – the Personal Information provided by Users and Visitors pursuant to Subsections 2.1. For example, Xacte may use such information to contact Users and Visitors to further discuss their interest with respect to the Services and to send them information regarding Xacte’s promotions and events. Such communications will be made in accordance with the Law, including the National Do-Not-Call list and Telemarketing Rules and the Canada’s Anti-Spam Legislation. No marketing or promotional email will be sent to Users or Visitors without their prior (express or implied) consent. In that respect, Users and Visitors may withdraw their consent at any time by clicking on the “unsubscribe” mechanism provided for in all Xacte’s emails or by any other means set forth in Subsection 5.1.
Xacte may provide message boards, blogs, or chat rooms via Xacte’s Services. In such a case, Users may use such platforms to share Users’ Data or other content about themselves. Any Personal Information (or Users’ Data) Users choose to submit in such a forums may be read, collected, or used by others visiting these forums. Furthermore, Users may share information about other Users with the audience they choose or with all Users and Visitors having access to these platforms. For example, people may share a photo of another User, mention or tag such User at a location in a post, or display information that said User formerly communicated with the others. Xacte is not responsible for the Personal Information (or Users’ Data) Users choose to submit in these forums or other platforms. Xacte invites any User or Visitor having concerns with respect to any post to report such post in the manner set forth in Section 9 hereunder.
Xacte posts a list of Users and testimonials on its Website that contains information such as Users’ names and titles, as well as their opinion or comments contained in such testimonials. Prior to posting any information on such list or page, Xacte always obtains the prior consent of each User by contacting it personally (by email, by telephone or otherwise). Users are free to accept or decline Xacte’s invitation and thereafter can request, at all times that their testimonials or Personal Information be removed from Xacte’s webpage or list, the whole as set forth in Section 9 hereunder.Xacte does not however control the communications that such Users may receive from other Users in connection with these testimonials and list. Should any User wish to report any communication received regarding its testimonial or other information, then it should contact Xacte in the manner set forth in Section 9 hereunder.
Xacte collects personal information that is voluntarily provided to it when job applicants apply for a job position by email (via jobs@Xacte.com). Such application is voluntary, and job applicants choose the information they wish to submit to Xacte.The Personal Information submitted will be shared only with those people in Xacte’s organization who need the information: (i) to assess and verify job applicants’ qualifications, knowledge, skills and experience; (ii) to conduct reference and background checks and otherwise to verify the information submitted to Xacte; (iii) to communicate with job applicants; and (iv) to improve the recruitment process.In addition to the Personal Information obtained from job applications, Xacte may also conduct its own verification and obtain additional Personal Information. For instance, employment at Xacte is contingent upon the completion of a satisfactory background check. Accordingly, Xacte reserves the right to conduct criminal (or other) background check(s). Should any background check be the reason for which Xacte cannot hire a job applicant, Xacte will notify that observation to such applicant and provide it with a copy of its criminal background check.
Xacte is continuously striving to improve the Services offered, or create new Services to better suit Users’ needs. Furthermore, new partnerships or other business transactions may lead to the implementation of new features or Services. The foregoing may result in the collection of new Personal Information about Users. Should Xacte: (i) start collecting additional Personal Information or substantially new types of Personal Information, or (ii) materially change how it handles such information, then Xacte will notify this change to the Users and Visitors accordance with Section 8 hereunder.
Users and Visitors may elect to use Xacte’s referral program to inform colleagues about Xacte’s Website or other Services. In such a case, Xacte requests Users or Visitors to provide their colleague’s name and email address, and will automatically send such colleague a one-time email providing information about Xacte Services and inviting him or her to visit Xacte’s Website. Thereafter, the communications with said colleague will be made on an (expressed or implied) consent basis.
Xacte receives information about Users from Business Partners when Users use third-party websites or services that use or are integrated with Xacte’s Services.
For instance, when a new Users download the Application via the Apple Store, then Apple obtains Personal Information and other information required for the successful download of the Application.
Likewise, each time a User or a Visitor opens a Facebook account to “follow” or become “friend” with Xacte (or otherwise learn more about Xacte) then Facebook obtains all Personal Information disclosed by said Visitor or User.
Finally, other Business Partners may post or otherwise render available documentation or other information about the products, goods, services or promotions they offer and which either complement Xacte’s Services or can be obtained via Xacte’s platform.
Information collected by these Business Partners is subject to the agreements concluded between them and Xacte. In that respect, each Business Partner will have either accepted Xacte’s terms and condition or negotiated an agreement to use Xacte’s platform and technology via any Service. In both cases, the agreement concluded will require Business Partners to comply at all times with this Privacy Statement and to put in place measures to guarantee the safety or confidentiality of any Personal Information (or Users’ Data).
As Visitors and Users browse on Xacte’s Website or uses other Services, Xacte may collect Personal Information such as: (i) standard information from their Web browser (such as browser type and browser language), (ii) their Internet Protocol address, (iii) the actions they take on Xacte’s Website or other Services, such as the Web pages viewed and the links clicked, and (iv) any other information described below the whole through the use of commonly-used information-gathering tools.
When Users and Visitors browse on the Website or use the other Services, a unique identifier is assigned to their device. This unique identifier is associated with a persistent Cookie that Xacte places on their Web browser. Such Cookie can only be read by Xacte and is used to identify browsers that have previously visited the Website or use any other Service.
For instance, Preference Cookies allow the Website, Application and other Services to remember information, such as Users and Visitors’ IP address, the preferred language, the region where they are located, the size of the lettering and any other setting that Users or Visitors can select. This allow Xacte: (i) to personalize the Website (and other Services) or account, (ii) to recognize Users and Visitors when they return to the Website, use again any other Service or log into their account; and (iii) to enhance their browsing experience by avoiding that Users and Visitors need to recurrently select settings or other information.
Likewise, when Users and Visitors browse on the Website or when Users use the Services, Xacte may collect – for analytical and statistical purposes – information regarding the manner in which Users and Visitors interact with the Content or Users’ content, as well as information from or about the electronic devices used to access the Website and other Services. In that respect, Statistical Cookies collect information such as: (i) the date and time Users and Visitors last visited the Website (or other Services), (ii) the pages or Content consulted, viewed or published, (iii) the information in or about the content that was provided, such as the date the information was rendered available and the place from which such content was published, (iv) , (v) the manner that the Content, account, Website or other Services are used, (vi) the attributes of the Users’ and Visitors’ operating systems, (vi) the device locations, and (vii) the connection information, such as the time zone and IP address.. These Cookies allow Xacte to obtain statistical information such as how often the Website (and other Services) or certain specific pages are visited and what kind of Content was find most interesting. This information helps Xacte to improve the Website and other Services according to the Users’ and Visitors’ needs or fields of interests.
Xacte also uses Temporary Cookie containing an encrypted unique identifier that is placed and remains in Users’ and Visitors browser until they close their browser software or turn off their device.
One example of that type of Cookies are the Process Cookies, which help making the Website and other Services work properly when Users and Visitors are browsing from one page to the other. These Cookies also assist Xacte in keeping track of Users’ orders and requests, and in delivering the Services Users subscribed to.
Users may also encounter Session State Cookies which help Xacte delivering high quality Services and improving the Website, Application, Content, account or other Services in maintaining Users’ Session or email account active. These Cookies also collect information about how Users and Visitors interact with the Website (or other Services), such as the pages that are the most often visited or the failure to access these pages. These Cookies allow Xacte to improve the Website (and other Services) and their functionalities.
Finally, Security Cookies are used each time they login their account or purchase Services. These Cookies contain an encrypted, unique identifier that is tied to Users’ account and placed in their browser, allowing Xacte to uniquely identify Users when they are logged into their account and to process their online transactions and requests. In authenticating Users, these Cookies aim to prevent fraudulent use of login credentials and to protect Users’ Data and other Personal Information from unauthorized access.
However, Users cannot block or delete all Cookies when they log into their account or session as Process Cookies, Session State Cookies and Security Cookies are essential for ensuring that the foregoing (and any Services furnished via the foregoing) functions properly (by linking one page to the other or by maintaining sessions and accounts encrypted). Nonetheless, even if they cannot be blocked without affecting Users and Visitors’ ability to use the Website or other Services, these Cookies are of a temporary nature; accordingly, they will disappear when browser software are closed or devices are turned off.
Users or Visitors experiencing problems with the functionalities of their account or any other Service should contact Xacte in the manner set forth in Section 9 hereunder.
Unless described in this Privacy Statement, Xacte does not share, sell, rent, trade, disclose or otherwise render available any Personal Information or Users’ Data.
Despite the foregoing, Users’ and Visitors’ Personal Information may be transferred to a potential purchaser or other corporation in connection with a business transaction or corporate reorganization, such as if Xacte is to be sold, merged or amalgamated or if substantially all of Xacte’s assets are to be sold or disposed of, the whole to the extent however that such communication is necessary for the purposes of deciding whether to proceed with the sale or other transaction.
Finally, Xacte reserves the right to use or disclose Personal Information or Users’ Data if it reasonably believes that such use or disclosure is necessary to protect Xacte’s rights, to comply with a judicial proceeding, a court order, or a legal process or for any other purpose set forth in the Law allowing or requiring the disclosure of Personal Information.
Xacte may use de-identified Personal Information or Users’ Data for training, research and promotion purposes. Also, Xacte reserves the right to disclose, market, license and sell De-Identified Information for any purpose without restriction, as the Law does not impose restrictions on the use and disclosure of De-Identified Information.
Subject to applicable Laws, Xacte shall retain and store Personal Information or Users’ Data only for the purposes detailed above and as long as it is necessary for the determined purposes. Accordingly, Xacte may retain Personal Information or Users’ Data even after a User deleted its account, if retention is reasonably necessary: (i) to comply with the Law, (ii) to resolve disputes, (iii) to prevent fraud, abuse or any contravention to the Law, or (iv) to enforce this Privacy Statement. Likewise, Xacte’s Customer Services may retain Users’ and Visitors’ Personal Information as long as it is required: (i) to respond to any enquiry, (ii) to communicate with said Users and Visitors and, if deemed relevant, (iii) to generate trends analysis.
In that respect, Xacte has put in place measures of control, timeframes and guidelines pertaining to the storage and retention of Personal Information (and Users’ Data) and to the destruction of files and other supports containing such Personal Information (and Users’ Data) when deemed no longer required or relevant under the Law or for the purposes listed in Section 2.
Users and Visitors may consult, correct and update at all times any Personal Information Xacte collects, uses and stores about them. They can also edit and update Users’ Data they uploaded or otherwise rendered available on the Website or other Services.
Users may update or change their registration information (and Users’ Data) by editing their account profile.
To update a User profile, Users should login to www.Xacte.com with their Xacte username and password and enter their profile section.
To update their group’s information, User should login to www.Xacte.com with their Xacte username and password and send a message to Xacte Support. Users can also update or amend the foregoing at any time by contacting Xacte as indicated in Section 9 hereunder.
As provided for in Subsection 2.1 above, Xacte may communicate with Users and Visitors for promotional and marketing purposes by the following means: email, mail (postal), telephone and text messages. Xacte will use the same means of communication chosen by the Users and Visitors to contact Xacte or the preferred means specified by them.
Users and Visitors wishing to be removed from one or more of Xacte’s promotional mailing lists should do so by one of the following manner. To be removed (in other words, to unsubscribe) from Xacte’s promotional text message lists, Users and Visitors can simply reply to the text message with the word “STOP” or “Unsubscribe”, or click on the ready-to-use unsubscribe link in the text message. Users and Visitors can always unsubscribe from receiving promotional emails simply by clicking on the ready-to-use “unsubscribe” mechanism provided at the bottom of each email. Should any User or Visitor wish to be removed from one or more promotional lists, they can do so by specifying, on an email, letter or phone call (at the telephone number or addresses as set forth in Section 9 below) from which list(s) they wish to be removed.
Every User or Visitor from which Xacte has collected Personal Information or Users’ Data (as described in Section 2) is entitled to communicate with Xacte in the manner set forth in Section 9 : (i) to modify its file, (ii) to correct inaccurate, incomplete or ambiguous information, (iii) to have outdated or irrelevant information struck out, or (iv) to make written comments and have them filed on record.
Users can upload, manage, edit, delete or upload their Users’ Data or the content and other information they share when using the Website or any other Service. Users can also do the same when using their account.
When Users request their account and their personal information to be deleted such content will not be accessible to the other Users anymore. Despite the foregoing, any User should keep in mind that the information that other Users have shared about it is not part of its account and thus will not be deleted when said User deletes its account or any content. For this reason, any such User may be prevented from correcting, deleting or otherwise editing any information pertaining to it but shared by other Users. Should any information posted by other Users infringe the Law (including any User’s rights), then Xacte will delete such information upon being made aware of this situation and after verifying User’s allegations.
Users can readily and freely update their account or profile, or otherwise modify, edit or delete any Users’ Data published, the whole as set forth in Subsection 5.2. Likewise, requests for Access to, Correction of or Updating any Personal Information made pursuant to Subsection 5.1 are free of charge. However, in either case, Xacte may require a reasonable fee for the reproduction and forwarding of Personal Information or other Users’ Data. Xacte will notify ahead of time to the User or Visitor the amount of these fees if applicable.
Xacte uses robust physical, electronic, technological, organizational, contractual, and managerial security measures: (i) to protect the security and privacy of the Personal Information and Users’ Data from losses, thefts or unauthorized access, disclosure, copying, use or modification; (ii) to maintain data accuracy, and (iii) to help ensure that Personal Information and Users’ Data are appropriately used. When the Services are accessed via Internet, Secure Sockets Layer (SSL) technology protects Personal Information or Users’ Data by using server authentication and data encryption. This technology helps ensuring that any Personal Information or Users’ Data is safe, secure, and only available to authorized persons. Users and Visitors should look at the lower left-hand corner of their browser to make sure they are accessing the secure server (before submitting Personal Information or Users’ Data). If they see an unbroken key or a closed lock (depending upon the browser), then SSL is active. To double-check for security, Users and Visitors should look at the URL or location line of the browser. If Users have accessed a secure server, the first characters of the address in that line should change from “http” to “https.”
If for any reason Users or Visitors cannot access the secure server, or are not quite comfortable when using the Website or any other Service, they should feel free to contact Xacte in the manner set forth in Section 9.
Xacte also implements an advanced security method based on dynamic data and encoded session identifications, and Xacte hosts its Website and other Services in a secure server environment that uses firewalls, intrusion detection systems and other advanced technology to prevent interference or access from outside intruders. Users are responsible for choosing a strong password (e.g. by avoiding using consecutive identical characters, and by including number as well as uppercase and lowercase letters) and for maintaining the security and confidentiality of their usernames and passwords.
Furthermore, access to any Personal Information and Users’ Data is granted to Xacte’s employees, sub-contractors, representatives, suppliers and Representatives on a “need-to-know” basis only.
Identity thieves sometimes send fraudulent emails to trick web surfers into divulging personal or financial information. Should Users or Visitors receive an email that looks like it is from Xacte asking for Personal Information, they shall avoid responding to such email. Xacte will never request account password, Users’ name or financial information through emails. If any User or Visitor has received or entered Personal Information (or Users’ Data) in response to a suspicious email, pop-up or phony website claiming to be affiliated with Xacte, please call Xacte immediately by any of the means set forth in Section 9 below.
Likewise, while Xacte strives to put in place all measures required to protect and ensure the confidentiality of Users’ and Visitors’ Personal Information (and Users’ Data), no method of transmission of Personal Information, including the ones on the Internet, is completely secure. Hence, Xacte cannot guarantee the absolute security of such Personal Information (and Users’ Data).
Occasionally Xacte may provide, on its Website or via any other Service, links to other websites or pages of interest. These sites operate independently of Xacte’s Website and other Services, and have established their own privacy and security policies. For the best online experience, Xacte strongly encourages Users and Visitors to review the policies of any website they visit. Xacte is not responsible for the content or practices of any linked websites, which are provided solely for convenience and information.
Xacte reserves the right to change this Privacy Statement. Should any material change be made to the Privacy Statement, then Xacte will provide notification of such material change to all Users and Visitors prior to the change taking effect. With respect to Users, Xacte will bring to their attention the Privacy Statement as amended the first time they will log into their account following such amendments. As to the Visitors, Xacte will provide notification of any material change made to this Privacy Statement through Xacte’s Website the whole: (i) via a banner notice on the Website, or (ii) through any other means including mobile number, telephone or mail. Users (and where applicable Visitors) thus agree to keep their contact information up to date. Thereafter, the Privacy Statement as updated will be rendered available and easily accessible via Xacte’s Website or other Services. Likewise, Xacte will post an updated version of this Privacy Statement each time a minor or ancillary amendment is made to this Privacy Statement. In that respect, Xacte recommends Users and Visitors to check periodically this Privacy Statement in order to review Xacte’s current practices.
Users and Visitors can tell if this Privacy Statement has changed by looking at the effective date appearing at the bottom of said Statement.
Users or Visitors’ continued use of the Website (or other Services) will constitute acceptance of any amendment. Should any User or Visitor disagree with the amendments made to the Privacy Statement, it shall immediately stop accessing or using Xacte’s Services and shall delete their account and content.
Xacte has appointed a Freedom of Information and Privacy coordinator to ensure compliance with this Privacy Statement and the Law. Questions regarding this Privacy Statement should be directed to this coordinator by any of the following means:
Address: 350 boul. Charest Est, office 300 Quebec, Quebec G1K 3H5
Please note that requests and demands made by email or telephone between 9:00 am and 3:00 pm should be answered within the same day. Requests and demands made by mail should be dealt with within 5 days of receipt. In either case and depending upon the number of requests received by Xacte, it may take up thirty (30) days from the date of receipt of the request to process any such requests or demands.
Effective Date: October 22 2015
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