Privacy Policy
Last update was made on September 5, 2023
INTRODUCTION
With the advent of new communication tools, it is necessary to pay special attention to the protection of privacy. That is why we, a company doing business under the name "Baikely," whose head office is located in the city of Montreal in the province of Quebec, Canada (hereinafter referred to as "Baikely"), are seriously concerned about the privacy of your personal information and commit to respecting your rights. Baikely is committed to respecting the obligations concerning the collection and processing of personal and confidential information obtained in the course of operating a business in accordance with applicable laws, so that everyone can benefit from respect for their privacy. This policy (hereinafter the "Policy") on the protection of personal information describes the information that we may collect from users, understood as the end user or the organization you represent or for which you work (hereinafter the "User" or the "Users") in the course of our activities, the purposes for which we collect them, how we use them, and the circumstances under which we may transmit them to third parties. Furthermore, this Policy indicates the rights available to the User regarding the collection, use, transfer, and communication of their personal information. Baikely commits not to collect, use, or communicate the User's personal information otherwise than in accordance with this Policy and the laws applicable in Canada and Quebec.
SCOPE OF THE POLICY
When the User navigates on one of our mobile applications and uses our online services by visiting our website (the mobile application and the website of Baikely hereinafter the "Platform") or by subscribing to our email publications, they accept the terms and conditions of this Policy. If the User continues to use the Platform after a new version of this Policy has been posted, they thereby consent to the changes and will be bound by them. The information we collect is necessary when we provide a service to the User or when we perform a transaction they have requested. By providing us with their personal information, the User consents to its collection and use as defined in this Policy.
Please be aware that you can withdraw your consent at any time, subject to legal and contractual restrictions and upon reasonable notice. However, without your consent, it is possible that Baikely may no longer be able to provide you with the Platform.
Finally, if you provide Baikely or its third-party Service Providers with personal information concerning another natural or legal person, you commit to having the necessary authorization to do so and/or that you have obtained all necessary consents from this third party to allow us to collect, use, and communicate their personal information for the purposes set out in this Policy.
To withdraw your consent or to no longer receive electronic communication from us, please write to our Privacy Officer at the following email address: info@baikely.com
COLLECTION OF PERSONAL INFORMATION
Personal information is information specifically associated with a natural person and which can be used to identify them, either directly or indirectly, that is, by arranging it with other information held by Baikely or its third-party providers. Baikely may obtain personal information from the User when they save their personal information on the Platform, or where applicable, by otherwise transmitting personal information, notably by creating a User account and choosing a password, logging in as a registered User on the Platform, requesting a service, providing information in their account, or by contacting us by phone, email, or otherwise.
It is important that the personal information we hold about you is accurate and up-to-date. Please keep us informed of any changes to your personal data. The law gives you the right to request access to the personal data we hold about you and to have it corrected.
We collect the following information from the User who expressly consents to it during registration:
- • User's first and last names
- • Phone number
- • Professional address
- • Email address
- • Sales data
The Platform is intended for use by adults only as understood in the province of Quebec. Baikely does not knowingly collect personal information from individuals under eighteen (18) years of age.
The legal basis for Baikely processing the User's data may be one or more of the following:
- • The User's consent
- • When necessary for Baikely to fulfill its legal obligations
- • When necessary for the execution of a contract between the User and Baikely, or before concluding it at the User's request
- • When necessary to protect the vital interests of the User or of a third party
- • When based on a legitimate interest such as: Ensuring the security of the Platform, its network, and data; Preventing fraud; For internal administrative management purposes
For more information on the protection of your personal information and your related rights, you can contact the Office of the Privacy Commissioner of Canada or the Commission for the Protection of Privacy in Quebec.
- • Office of the Privacy Commissioner of Canada (www.privcom.gc.ca)
- • Commission d'accès à l'information du Québec (www.cai.gouv.qc.ca)
PURPOSES OF COLLECTION
We collect personal information from the User for the following reasons:
- • Creation, use, and management of User accounts on our Platform
- • Establishing and maintaining a commercial relationship with the User
- • Providing uninterrupted service
- • Understanding the use of the Platform
- • Securing the Platform
- • Analyzing and improving user experience
- • Communicating with the User
- • Developing, improving, marketing, or providing the Platform as well as our products and services
- • Maintaining backups of our databases and keeping records
- • Complying with applicable laws and regulations
METHODS OF COLLECTING PERSONAL INFORMATION
Personal information of the User can be collected:
Directly from the User through forms and communications, such as:
- • Service agreement signature
- • Registration form on the Platform
- • Opinion survey
- • Contact form
- • Direct conversation
- • Phone
- • Email communications
Through connection cookies and other similar technologies when the User visits the Platform.
Baikely also uses, as indicated in the "Automatically Exchanged Data" section, cookies. Baikely may also keep a record of products that interest the User and obtain information about them from current or future divisions or companies that are part of Baikely.
To learn about the use of the User's personal information collected by cookies, refer to the "Automatically Exchanged Data" section below.
If the User is not subscribed to our newsletter, they will not receive any emails from Baikely except in specific cases (e.g., subscription follow-up or expiration, free trial follow-up, promotional communication, etc.).
The User's information is also collected through the interaction that can be established between the User and the Platform.
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ADVERTISING INFORMATION
Baikely will communicate with you only if you wish. If you prefer not to receive advertising information from us or if you do not want us to use your personal information to enhance your User experience, please inform us by contacting our Privacy Officer. Remember to provide your full name and the email address you used when you registered or made a purchase from us. There may be a processing delay for a request sent by email or mail, and you may continue to receive communications from Baikely in the meantime.
THIRD-PARTY SERVICES
Baikely may use third-party services in the management of its business and Platform. Baikely is not responsible for any damage that may arise from these third-party services. To learn about the terms of use of these services, we invite the User to consult their respective websites. Any third party who receives or has access to information is required to protect this information and use it only to perform the services they provide to the User or to Baikely, unless otherwise indicated or authorized by law. We will ensure that these third parties are aware of our obligations under this Policy. We enter into contracts with these third parties in which the information protection obligations disclosed to them are as protective as our commitment to you under this Policy or under applicable data protection laws.
AUTOMATICALLY EXCHANGED DATA
We collect certain information during the exchange between the User's device and our server. Cookies, files created by a website and automatically stored on the User's electronic devices to collect information about their browsing activities, allow the User, among other things, to log in to the Platform on subsequent uses, enabling Baikely to personalize the Platform. This mainly includes the following information:
- • Analytics and performance - User behavior
- • User's language
- • Advertising/redirection
Most of the automatically transmitted information does not allow us to know the identity of the User. They are collected only due to technological requirements inherent in Internet browsing. Most browsers automatically accept cookies, but it is generally possible to modify this behavior.
The use of such information allows us to improve the service, personalize the User's experience, and better follow up on a request or order.
These informations also serve to:
- • Identify the User
- • Process User requests and orders and respond to their questions
- • Stay in contact with the User and provide them with personalized Service at all times
- • Learn more about User preferences
- • Conduct market and performance studies to evaluate the service to Users, measure performance, improve the experience provided to Users, and improve products
- • Enhance the User experience through analysis of their behavior
CONSERVATION
User's personal information will not be retained beyond the reasons for which it was collected. Baikely adheres to the retention period established by this policy, which is compliant with the Personal Information Protection Act. Data deletion occurs when the User deletes their account. The User will then have thirty (30) days to retrieve their data, failing which Baikely will permanently delete it.
COMMUNICATIONS
User data transits through servers in Canada. In certain situations, User data may transit through servers outside of Canada. In this case, the servers in question are located in the following country: United States. The User acknowledges this and releases Baikely from all responsibility for the consequences of such a transfer.
RIGHT OF ACCESS, OPPOSITION, AND WITHDRAWAL
We are committed to offering the User a right of access, opposition, and withdrawal regarding their personal information. Baikely, upon request and subject to certain exceptions, will inform you of the personal information concerning you, how it is used, and whether it has been disclosed to third parties. You will also have access to this information for any modification or deletion.
The right of opposition is understood as the possibility offered to Users to refuse that their personal information be used for certain purposes mentioned at the time of collection.
The right of withdrawal is understood as the possibility offered to Users to request that their personal information no longer appear, for example, in a mailing list.
The User also has the right to request access to the personal information we have collected about them and to correct it if necessary by contacting the contact person whose details are found in the "Contact Person" section below.
PROCEDURE FOR REQUESTS
To exercise your rights, you must write to the Privacy Officer of Baikely at the following address: info@baikely.com
Baikely will acknowledge receipt of your request in writing and may ask you to confirm your identity before providing you with this information. In principle, access to this information will be provided free of charge, but if you request a copy or transmission of your information, we may require reasonable fees. Baikely will inform you of the amount in advance and give you the opportunity to withdraw your request.
If your request is complete and you justify your right of access, Baikely will grant access to your information within thirty (30) days following the receipt of your request or will provide you with a written notice informing you that an additional period is necessary to respond to your request.
PROTECTION AGAINST FRAUD AND THEFT OF YOUR PERSONAL INFORMATION
Baikely commits at all times to respect the laws and regulations applicable to its activity and to take all necessary and appropriate measures to detect and prevent negligence, fraud, and theft of your personal information. However, although Baikely takes precautions, it cannot guarantee that no case of fraud or theft of your personal information will occur. Baikely keeps an up-to-date register of confidentiality incidents and will contact any User whose personal information has been the subject of such an incident and presents a serious risk of harm.
ANTI-SPAM LAWS
Baikely complies with the requirements of the Canadian Anti-Spam Law (CASL). The User understands that they can expressly or tacitly consent to receive messages from Baikely.
Express consent is the consent requested from the User, consent that must be stated in simple and clear terms and must include the purposes for which consent is sought, the regulatory information allowing the person seeking consent to be identified, and if it is sought on behalf of another person, the regulatory information allowing that person to be identified; as well as any other information specified by the regulations made under this law.
The User understands that they give their tacit consent in ongoing business relationships or ongoing private relationships; when the User publishes their email address without indicating they do not wish to receive unsolicited commercial electronic messages; or when the message is sent under other circumstances provided by the regulations made under this law.
For the purposes of this Policy, ongoing business relationships refer to commercial relationships established between two persons, such as a purchase or a lease in the two years preceding the date of sending the message; an investment or a game offered; the barter of an item; any contract in force or expired during this period; or a request during the six months preceding the date of sending the message.
For the purposes of this Policy, an ongoing private relationship refers to relationships between two persons other than business relationships, such as a donation or a gift, work performed on a volunteer basis; and a membership as defined in regulations; all within the two years preceding the date of sending the message.
To unsubscribe from our mailing list for electronic communications, simply contact us at info@baikely.com
SECURITY
The personal information that Baikely collects is kept in a secure environment. Baikely has adopted appropriate measures to preserve the confidentiality of personal information and protect it against loss or theft, as well as unauthorized access, disclosure, duplication, use, or modification, taking into account, among other things, its sensitivity and the purposes for which it is used. Moreover, Baikely requires that each employee, agent, or representative of Baikely comply with this Policy.
To ensure the security of the User's personal information, Baikely employs, among others, the following measures:
- • SSL (Secure Sockets Layer) Protocol
- • Protected access to servers and computers
- • Firewall
- • Use of password-protected data networks
- • Confidentiality agreements with employees
- • Canadian server
- • Encryption of data at rest
Baikely is thus committed to maintaining a high degree of security by integrating the latest technological innovations to ensure the confidentiality of the User's transactions, to protect their personal data, and to prevent it from being accessed, used, or disclosed without authorization.
However, as no mechanism offers maximum security, a risk is always present when using the Internet to transmit personal information. If a password is used to protect the User's account and personal information, it is the User's responsibility to keep it confidential.
FRENCH AND ENGLISH LANGUAGE
If the Policy is available in more than one language and a problem of definition or interpretation arises between the French version and any other version of the Policy, the French version shall prevail.
APPLICABLE LAW AND COMPETENT COURTS
The Platform and its content are managed by Baikely from its offices located in the province of Quebec, Canada. The Platform and its content, these Terms of Use, and your use of it are all governed by the laws of Quebec and Canada applicable without giving effect to any principle of conflict of laws.
You agree that all matters and disputes regarding the Platform and your use of it shall first be brought before a mediator and, in the absence of compromise, decided by the courts of Specify.
Notwithstanding any jurisdiction and applicable law, when the User is a consumer within the meaning of the Consumer Protection Act of Quebec, then any dispute relating to this Policy will be governed by the law of the Province of Quebec and necessarily brought before a competent jurisdiction in accordance with the rules of the Civil Procedure Code.
INTERPRETATION
This Policy is governed by the applicable Quebec and Canadian laws, including the Personal Information Protection Act of Canada. These laws apply without giving effect to any principle of conflict of laws. Whenever the context requires, any word written in the singular also includes the plural and vice versa; any word written in the masculine gender also includes the feminine gender and vice versa.
SEVERABILITY
Each provision of this Policy forms a whole separate from the rest so that any decision by a court that one of the provisions of this Policy is null or unenforceable does not affect the validity of the other provisions of this Policy or their enforceability.
PERSON RESPONSIBLE FOR THE PROTECTION OF PERSONAL INFORMATION
You can exercise the rights provided by this Policy or address any other question or complaint regarding Baikely's practices in terms of personal information protection by contacting us at the following address:
By email: info@baikely.com
We have established procedures to receive and respond to complaints or inquiries about our handling of personal data, our compliance with this policy, and applicable privacy protection laws. To discuss our compliance with this policy, please contact our privacy officer using the contact details mentioned above.
MODIFICATION OF THIS POLICY
We occasionally update this Policy. Continued use of the Platform constitutes the User's agreement to this Privacy Policy and its updates. If we make significant changes to how we handle our users' personal data, we will notify you by email at the address provided in your account or by a notice on the homepage of the Platform.
However, when the Consumer Protection Act applies, Baikely will notify Platform Users thirty (30) days before the modifications to this Policy take effect. If the User disagrees with these modifications and wishes to terminate the contract, they will have no more than thirty (30) days after the modifications come into effect to send a notice to Baikely and resolve, without any fees or penalties, their obligations towards Baikely.
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