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At T.P.S. Software Inc. (“TPS”), We are committed to protecting Your  Personal Information and complying with applicable data protection and privacy laws. This Privacy Policy governs use of  Personal Information by TPS, whether such information is collected via Our website tpssoftware.com (“Website”) or otherwise, including through Our services (the “Services”).

This Privacy Policy is designed to help You understand the types of information We obtain from You and how We use, disclose and protect that information. In this Privacy Policy, the terms “We”, “Our” and “Us” refers to T.P.S. Software Inc., its subsidiaries and affiliates and the terms “You”, “User”, and “Your” refer to a visitor of the Website or User or end User of the Services.

By submitting Personal Information to Us or by otherwise using any of Our Services or Our Website, You acknowledge and agree that Your Personal Information may be used and disclosed by Us in accordance with this Privacy Policy.  In this Privacy Policy, “Personal Information” means information about an identifiable individual, such as Your name, address, date of birth, contact information (including home telephone number and personal e-mail address), employment status, and income.  Please note that not all information that You share with Us is considered Personal Information.

By submitting Personal Information to Us or by otherwise using any of Our Services or Our Website, You hereby consent to the collection, use and disclosure of Your Personal Information in accordance with this Privacy Policy.

 

If You do not agree with some or all of this Privacy Policy, please do not use the Website or Our Services.

 

Further, if You are not of the age of majority in Your place of residence, please do not use the Website or Our Services.

We recommend that You take the time to read this Privacy Policy so that You understand how We handle Personal Information. We may update or modify this Privacy Policy at any time by posting the revised Privacy Policy to the Website and, if We have Your contact details, notifying You of those updates. We will include a “last revised” date on the Privacy Policy as displayed on the Website. We strongly encourage You to refer back to the Privacy Policy periodically.

1. How We Collect and Use Personal Information

We collect Personal Information from You for specific and limited purposes, including to provide Our Services to You, where You consent to the collection, in order to meet Our contractual commitments to You and to comply with Our legal obligations.  When collecting Personal Information from You, We will identify the purpose for collecting Your Personal Information at the time We request it and will not use or disclose Your Personal Information other than for the purpose for which it was collected, without Your prior consent or as otherwise permitted by applicable data protection and privacy laws. We endeavor to collect the minimum amount of Personal Information required to fulfil the purpose for which it was collected.

If You choose to obtain Services, You will need to provide Us with Personal Information, including Your name, email address and other information about You. If You chose to withhold any Personal Information requested by Us or withdraw Your consent, it may not be possible for Us to provide the Services to You or respond to Your query.

We collect and use Your Personal Information in a variety of ways, including for the following purposes:

· Your Personal Information may be collected and used by TPS to provide Services to You, via Our Website or otherwise. Your Personal Information may be used by TPS so that We can share information about TPS, the Website and Our Services with You and to maintain appropriate records for Our internal administrative purposes. We may use Your Personal Information to communicate with inquiries for information or customer service requests, employment opportunities or other issues as they relate to Your use of the Website and the Services.
· We may also use Your Personal Information to detect, prevent or investigate security breaches or fraud, to protect Our business and to maintain appropriate records for internal administrative purposes, including analyzing and monitoring usage of our Services and updating, improving, testing and protecting those Services.
· Similar to other online and technology service providers, We automatically record information when you interact with and use our Services.  This information may include Your IP address, information about Your Internet browser and settings, the date and time You used the Services.  When You use our Services, We collect information about the device You use to access them.  The information We collect will depend on Your device settings, but generally includes device type, settings and operating system, unique device identifiers.  When You use Our Services, We may collect information about Your geographic location.

Wherever You have given Us Your consent to use Your Personal Information, You may withdraw Your consent at any time by contacting Us at support@tpssoftware.com. You may no longer be able to access some or all of Our Website or Services if You withdraw Your consent.

2. Our Disclosure of Personal Information

TPS may disclose Your Personal Information with Your express consent, for debt collection purposes, for loss or fraud prevention purposes or for TPS’s other legitimate interests. TPS may further disclose Personal Information if a law, regulation, search warrant, subpoena or court order legally requires or authorizes Us to do so. We will use reasonable efforts to ensure that require that any third party to whom Personal Information is disclosed provide a comparable level of protection for Your Personal Information, as provided in this Privacy Policy.

We also share some of Your Personal Information with third parties in order to offer the Services to You, including:

·  sending information to third party service providers that help Us to operate Our Services including website hosting, data analysis, event logging, information technology, customer service, User analytics and email delivery and messaging;
·  sending Your credit or debit card payment details to Our payment processors;

Additionally, TPS reserves the right to disclose and to transfer Personal Information to a third party in the event of a proposed or actual purchase, sale, merger, amalgamation, or any other type of acquisition, disposition, or financing of all or any portion of TPS or any of the assets or shares of TPS, provided that the third party represents that it will continue to use the information for the purposes set out in this Privacy Policy and in accordance with applicable privacy laws. TPS also reserves the right to aggregate and anonymize Personal Information (or other information) stored on its system and use such aggregated and anonymized Personal Information (or other information) as it sees fit.

3. Retention of Personal Information

We routinely destroy Personal Information that is no longer required for the purposes for which it was collected, in accordance with applicable laws.

4. Accuracy of Personal Information

TPS takes reasonable steps to ensure that any Personal Information in Our custody is accurate and up-to-date for the purposes for which the Personal Information is to be used by TPS. In most instances, We rely on users of Our Services to notify Us of any changes to their Personal Information provided by them.

5. How We Protect Your Personal Information

TPS uses reasonable and appropriate measures, including encryption software, designed to help You secure Your Personal Information against accidental or unlawful loss, access or disclosure. Only staff and service providers who have a legitimate business purpose for accessing the Personal Information collected by Us are authorized to do so. Unauthorized use of Personal Information by anyone affiliated with TPS is prohibited and constitutes grounds for disciplinary action.

You and You alone are responsible for ensuring that You do not disclose Your account access information to third parties. This includes but is not limited to not disclosing such information to anyone, ensuring that sufficient security software is installed and running on Your computer, smartphone or tablet, that Your network firewall is of sufficient quality and that Your wireless connection is encrypted to a degree that will prevent third party access. TPS is not responsible for any failure by You to secure Your own device and its access to the Internet or Your use of public, unsecured networks. TPS also is not responsible for any failure by You to eliminate malware. These failures and others can make You vulnerable to privacy breaches and would put You and Your data at risk.

6. International Transfers

Personal information We collect is stored and processed by Us and Our third party service providers primarily in Canada and the United States, regardless of where You are located.

If You are located in the European Economic Area, Your  Personal Information will be transferred to Canada and the United States.  Before Your information is transferred, We take steps to ensure that adequate protections and appropriate safeguards are in place for Your  Personal Information. This may include reliance on an adequacy status of the country’s data protection laws, in the case of  Personal Information processed in Canada, the incorporation of standard data protection clauses in Our agreements with third parties or reliance on an EU-US Privacy Shield registration.

By providing Us with Your  Personal Information, You authorize Us to transmit, process and store Your  Personal Information in these countries.

7. Personal Information and Children

We do not knowingly offer Services to anyone under the age of majority in their place of residence.  If You are under the age of majority, You may only use Our Website and Services with the permission and involvement of a parent or legal guardian.  If You are a minor under the age of 13, please do not provide Us with any Personal Information or use this Website or Our Services.  If We learn We have collected or received Personal Information from a child under 13 or a minor under 16 without verification of parental consent, We will delete that information.

If You believe that We might have any  Personal Information from or about a child under 13 or a minor under 16 without parental consent, please contact Us at [insert contact email].

8. Cookies and Other Tracking Technologies

When You use Our Website, a cookie may be placed within the memory of Your internet access device. We may use permanent cookies or server-side artifacts to help Us track use of Our services by users, including casual visitors to the Website—such as (without limitation) the number and frequency of visits to Our pages and which parts of Our Website are visited. Similarly, We may also collect information regarding the type of device, Your operating system, the browser You use, Your internet service provider, Your domain name, Your internet protocol (IP) address, the date and time that You accessed Our service, the website that referred You to Our Website, the web pages You requested and the subject of the ads You click or scroll over, and use such information to evaluate Website performance and service quality and to optimize the User’s experience of the Services offered by TPS. To collect this information, We use cookies, web beacons and similar technologies. You can choose to have Your computer warn You each time a cookie is being sent, or You can choose to turn off all cookies. You do this through Your browser (like Internet Explorer) settings. Each browser is a little different, so look at Your browser’s Help menu to learn the correct way to modify Your cookies.  If You disable cookies off, some features will be disabled. It won’t affect the User’s experience that make Your site experience more efficient and some of Our services will not function properly.

9. Links to Third Party Sites

The use of Our Services may lead You to third party websites. Those organizations are separate and distinct from TPS and have their own separate privacy policies. We are not responsible in any way for how any third party collects, uses or discloses Your Personal Information, so it is important to familiarize yourself with the privacy policies of these websites before providing Your Personal Information to them.

10. Direct Marketing

You may sign up to receive marketing or promotional communications from Us.  Where You have opted-in, We may use Your  Personal Information to inform You about Us, Our products and Our services, including promotional offers and events.

If You no longer wish to receive marketing or promotional communications from Us, You can opt-out at any time by:

·  using the unsubscribe feature found in Our emails and other electronic communications;
·  contacting Us through the Services; or
·  contacting Us via email at support@tpssoftware.com.

11. Your Rights

Upon written request to support@tpssoftware.com, You will be informed of the existence, use and disclosure of Your Personal Information, and will be given access to that Personal Information. TPS provides an opportunity for individuals to challenge the accuracy and completeness of their Personal Information and have it amended as appropriate.

In addition to the above rights, You also have the right to:

·  request a copy of Your Personal Information in a machine readable format or to transfer this information to another company;
· request Us to restrict Our use or disclosure of Your Personal Information;
· object to Our use or disclosure of Your Personal Information; and
· request Us to delete the Personal Information We hold about You.

12. Contacting Us

Accountability with respect to Your Personal Information is important to TPS. In the event that You have any questions (including how Personal Information is managed by TPS), complaints or concerns about this Privacy Policy, or if You have reason to believe that We may have failed to adhere to it, please contact Us by sending an email. Questions regarding Your rights and responsibilities under this Privacy Policy can be directed to privacy@tpssoftware.com .