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Explorance is dedicated to protecting the data our customers entrust to us.  This Privacy Policy outlines in clear and simple terms our approach to information security and data protection.  It has recently been expanded to meet and exceed the requirements for the European Union’s General Data Protection Regulation (GDPR) and continues to uphold the regulations of other countries and states.

Our Privacy Policy governs both our products and our Sales & Marketing practices.  We have separated these two topics on this site to make it easier for you to find the information you are looking for.  In both cases, we describe what information we collect, how it is used, our lawful basis for this usage, how we keep it secure, and your rights and the rights of all users of our products and services.

Terms and Conditions

Our Terms and Conditions page establishes the use, disclaimers, and limitations of liability governing the use of our website.  By using our site, you consent to these terms and conditions and to our online Privacy Policy.

Sales & Marketing

What information do we collect?  We collect information from you when you register on our site, subscribe to our newsletter, respond to a survey or fill out a form.  Additionally, we use Google Analytics to track website usage metrics.  When requesting information or registering on our site, you will be asked to enter your name, e-mail address and/or phone number.  You may, however, browse our site anonymously.

How do we use this information?  The information we collect from you may be used to respond to a request for more information, personalize your experience, improve our website and customer service, and send you periodic emails such as newsletters, company news and related product information.  All such email communications from Explorance will offer the option to opt-out of any similar notifications.

What is the lawful basis for using this information?  The primary basis is known as “legitimate interests”, that is, we have a good and fair reason to use your data and we do so in ways which do not infringe on your rights and interests.  The second basis is to support our contractual obligations with our customers.

How is your data kept secure?  We use world-class software systems to securely store all information collected from our website and other sources related to Sales and Marketing.  As well, Explorance has several internal data security policies and programs, including a Direct Marketing policy, an Information Security and Data Protection Policy, a Breach Notification Policy, and a company-wide security awareness training program.  These policies are reviewed on a regular basis by our data protection governance team.

Is your data shared with third-parties?  Information collected on our website is stored in secure systems and is accessed only by authorized personnel.  No information collected through our website is sold to or shared for use by third parties.  However, we may release your information when we believe it is appropriate to comply with the law, enforce our site policies, or protect our or others rights, property, or safety.

What are your rights?  In addition to the right to know how your data is used and who it is shared with (which is covered above), your rights include the right to know what personal information we have collected, the right to receive a copy of that data, the right to make corrections, and to request that it be deleted.  For all such requests, please contact your account manager or send an email to privacy@explorance.com.  We’ll be happy to address any concerns you have and assist in any way we can.

Products and Services

What information do we collect?  The set of personally identifiable information is defined by our customers (aka “controllers”), and is typically demographic data associated with the recipients of evaluations and surveys provided by our products.

Additionally, we collect and store certain types of information through passive collection tools, such as cookies and encrypted authentication tokens. Cookies are small text files placed on your computer which our products can retrieve later.  If analytics are enabled, additional information may be collected such as fillout channel, type of browser and device, IP address, and operating system.  Our products provide the option to use third-party analytics tools such as Google Analytics.

How do we use this information?  The information is processed as requested by the customer, which is typically reporting results from evaluations and surveys.  Cookies and analytics data help us understand how you use our products, so that we can improve your user experience.

What is the lawful basis for using this information?  We process the data at the request of our customers, under contractual obligations which comply with local legislation.

How is your data kept secure?  End-user access control is typically implemented via the customer’s authentication service.  Our Blue hosted data center, based in Canada, is SOC 2 Type 2 certified, and Bluepulse leverages Microsoft’s Azure regional data centers.  Data transfers use secure ftp and https.  As well, Explorance has several internal data security policies and programs, including an Information Security and Data Protection Policy, a Breach Notification Policy, and a company-wide security awareness training program.  These policies are reviewed on a regular basis by our data protection governance team.

Is your data shared with third-parties?  No information collected through our products is shared with third parties without the explicit consent of an authorized customer representative.

What are the rights of end-users of our products?  It is the responsibility of the customer to inform their end-users of their rights and to uphold those rights.  That being said, Explorance’s products and services will support you in every way possible.

• Right to be informed – Our products support customized messaging that can be used to inform your end-users.
• Right to access and to data portability – Authorized administrators can extract the requested data from our products.
• Right to correction – Authorized administrators can update data as required in all of our products.
• Right to erasure – Personally identifiable data can be made anonymous upon request.
• Right to restrict processing – Authorized administrators can disable processing by closing off tasks or updating profile information.
• Right to object – This process is defined by individual customers as required by local legislation.
• Rights related to automated decision making including profiling – Our products do not process data in this manner.

Explorance is committed to a world-class standard of information security and will update its policies and products as global regulations evolve.

For further information, or to submit a complaint or request, please send an email to privacy@explorance.com.

This Privacy Policy may be updated from time to time.  Please revisit this page periodically to ensure you’re aware of any changes.

This Privacy Policy was last updated on May 25, 2018.

These terms and conditions govern your use of this website. By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

License to Use Website

Unless otherwise stated, Explorance and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website [except for content specifically and expressly made available for redistribution]

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Explorance’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Explorance’s express written consent.

Restricted Access

Access to certain areas of this website is restricted. Explorance reserves the right to restrict access to areas of this website, or indeed this entire website, at Explorance’s discretion.

If Explorance provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Explorance may disable your user ID and password in Explorance’s sole discretion without notice or explanation.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied. Explorance makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Explorance does not warrant that:

this website will be constantly available, or available at all; or

the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of Liability

Explorance will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

for any indirect, special or consequential loss; or

for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Explorance has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Explorance’s liability in respect of any:

death or personal injury caused by Explorance’s negligence;

fraud or fraudulent misrepresentation on the part of Explorance; or

matter which it would be illegal or unlawful for Explorance to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other Parties

You accept that, as a limited liability entity, Explorance has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Explorance’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Explorance’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Explorance.

Unenforceable Provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Explorance and undertake to keep Explorance indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Explorance to a third party in settlement of a claim or dispute on the advice of Explorance’s legal advisers) incurred or suffered by Explorance arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of These Terms and Conditions

Without prejudice to Explorance’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Explorance may take such action as Explorance deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Explorance may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Explorance may transfer, sub-contract or otherwise deal with Explorance’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These terms and conditions constitute the entire agreement between you and Explorance in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with Quebec law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Quebec.

About These Website Terms and Conditions

These website terms and conditions are based on a free Contractology precedent available at www.freenetlaw.com.