Last updated: March 22, 2021

7270356 Canada, Inc. D/B/A Avanquest Logiciels (“Logiciels”, “Company”, “we” or “us”) respects your right to privacy and we are committed to protecting it. This privacy policy (“Privacy Policy”) describes our practices of processing data from (i) visitors to our websites that links to this Privacy Policy (“Visitor” and “Website”, respectively); (ii) our customers using our software and Services (“User”); and (c) a business customer, a business partner that has a contractual relationship with us, or a prospective customer that is yet to be engaged in a contract with us (“Customer”). If not explicitly mentioned otherwise, the information in this Privacy Policy refers to any and all data subject types (“you” or “your’)

For the purpose of this policy, the “Service(s)” shall include: any Software licensed by the Company (either downloaded from one of our websites, pre-installed on your device, downloaded through a third party website, obtained on a physical medium, etc.)), or services provided through such Software, services offered on our websites’, communication forums, updates, enhancements, new features, premium support, extended guarantees, online version and free versions of the Software or additional services or features of any new website or software.

If you are a California Resident, please also see our CCPA Notice available at: https://www.lulusoftware.com/legal/CCPA

1. Preliminary Notes

If you have questions, comments or complaints regarding our Privacy Policy or data practices, please contact us at:

Avanquest Logiciels

7075 Robert-Joncas Place, Suite 142

Saint-Laurent, QC H4M 2Z2 Canada

[email protected]

Avanquest Logiciels Data Protection Officer

If you have any requests regarding the data collected under this Privacy Policy, including but without limitation to, requests to remove, delete, amend, modify or transfer personal data held about you, please contact our Data Protection Officer at: [email protected]

Please include sufficient details about your inquiry or request, in order to allow us to verify your request and address it.

Changes to the Policy

We reserve the right to modify this Privacy Policy at any time, such changes will be effective immediately upon the display of the revised Privacy Policy. The last revision date will be reflected in the "Last Updated" heading. If we make material changes to this policy, we will make our best efforts to notify you, by email, or by means of a notice on our Website.

2. Lawful basis for personal data processing

We have included below information about which data is collected, how we process and use your data, but before, we would like to explain the lawful basis for processing your personal data (as defined under the General Data Protection Regulations “GDPR”):

  1. When Visitors access our Website, we collect certain online identifiers for purposes of Website and services Functionalities, and at times, for purposes of advertising and marketing our products and Services; such online identifiers are processed subject to the Visitors consent to our Cookie Notice, otherwise we will not process personal data from such Visitors; We will process necessary cookies regardless of a Visitor active consent, as part of our legitimate interest and Site’s functionality necessities.
  2. When a Visitor or a User signs up to our Services and chooses to open an account with us, we process personal data associated with such account management and protection. In which case, we will do so based on the User’s or Visitor’s consent, given at the point of account registration. We will also use the email address for purposes of updates, notification and information regarding the Services based on consent, or, our legitimate interest as the case may be.
  3. Upon consent, or legitimate interest, as the case may be, we will use certain contact information for purposes of direct marketing.
  4. When a User installs one of our software products, uses our Services or purchases the goods and services we offer, we process the User’s personal data based on their consent, and in order to perform our contract with the User;
  5. If you are a Customer, we will process your personal data to fulfil our contractual agreement, or, to prepare for such;
  6. In certain cases, we may have to process personal data to prepare for a legal claim, or as otherwise be required by applicable laws.

In any other case, we will also process your personal data where you have provided us with consent to do so, or, where we have a legitimate interest and not overridden by your data protection interests or fundamental rights and freedoms, such as when we use the data in order to provide the core Services, or when used for anti fraud purposes.

3. Which Data do We Collect and Process?

Depending on your interaction with us (meaning, if you are a Visitor who just browsing our Website, or if you have registered to our Services and opened an account, installed our Software, as a User, or a Customer engaged with us in a business-to-business relationship), we may collect two types of information about you, as follows:

  • Non-Personal Information: The first type of information is non-personal and non-identifiable information that cannot personally identify or lead to identifying a natural person. For example, statistics or aggregated information, or any other type of data that can no longer be attributed to you. The Non-Personal Information which is being collected may include your aggregated usage information and technical information transmitted such as (but not limited to): the type of operating system, type of browser, language preference, and approximate geo-location (country level).
  • Personal Information: The second type of information is information that identifies you as a natural person, or that may be used, either alone or in combination with other information, to personally identify you as a natural person. Such information may include, for example, a first and last name, an email address, phone number, a home or other physical address, and other contact information. In addition, in some jurisdictions (as the EU for example), and given the specific use we make with the information, an IP address, device ID and cookies could be considered as Personal Information as well (“Personal Information”). The table below details the Personal Information processed by us.

You are not required by law to provide us with any information. You can always avoid providing us certain Personal Information; however, you acknowledge that it may prevent us from providing you certain Services.

In the event we combine Personal Information with Non-Personal Information, the combined information will be treated as Personal Information for as long as it remains combined.

3.1. Information we collect from Visitors of our Website.

Type of Information How Do We Use It?

Contact details: In the event you contact us for support, feedback or other inquiries, request to receive a quote, either through an online form available on the Website, by sending us an email or by other means of communication we make available (such as submitting a bug report or filling in a survey) you will be requested to provide us with your name and email address, and the subject matter of your inquiry.

We will use this information for our legitimate interest and solely for the purpose of responding to your inquiries and provide you with the support or information you have requested. We retain such information for as long as needed to provide you with the inquiry requested or as required under applicable law.

Subscription: If you voluntarily subscribe to our email communications, you will be asked to provide us with your email address. You can unsubscribe at any time using the unsubscribe option within the body of the email sent you or rather by contacting our Data Protection Officer at [email protected]

We will use your email address in order to send you information related to our Services and to keep you up to date regarding new Services, as well as provide you with tips related to our Service, and promotional and marketing emails, all subject to your consent.

Online Identifiers: We gather IP addresses, cookies, pixel tags, user agent (namely, your browser’s type, version, language and country). r

We may either directly or indirectly collect our Visitors’ Online Identifiers. Such processing is subject to your consent which is obtained through the cookie notice displayed on our Website in which you can accept, decline or set your preference. Necessary cookies will be used as part of our legitimate interest and for purposes of Website’s functionality.

In certain cases, and upon your consent, third party cookies and tags will be used for advertising, marketing and retargeting purposes of the site or Services.

Device Information: we may collect certain information about the device from which you access to the Website or Services, such as type (mobile/desktop), type and version of your operating system,[1] your MAC address

Based on your consent, and in certain cases, our legitimate interest, we may process device information for compatibility purposes, and to uniquely connect your device with a license key of a software product you purchased.

Online activity: We also collect certain technical Non-Personal Information (as detailed above) which relates to your use of the Website such as your click stream, type of browser, time and date, etc.

We use this technical data in order to operate and manage our Website, this information does not include Personal Information

While using the Website you are able to upload certain content to the blog within the Website (“User Generated Content” or “UGC”).

You may voluntarily upload User Generated Content to the Website. In the event that the User Generated Content includes any Personal Data this data will be subject to your use and responsibility. We recommend you do not make any Personal Information public.

If you want to access certain materials provided by us such as download a whitepaper or a webinar offered by the Company through our Website, you will be asked to provide us with your full name, email address, company, industry, job role and country.

We will use this information to provide you with the webinar or whitepaper or any additional materials provided by us. We will also use your email address in order to contact you or send you information related to our Services and to keep you up to date regarding new Services.

If you want to become a business partner or reseller through our Website, you will be asked to provide us with your full name, business email address, company, website URL, phone number and country.

We will use this information to contact you. We will also use your email address in order to send you information related to our Services and to keep you up to date regarding new Services.

If you want to request a business trial of our Services, you will be asked to provide us with your full name, email address, company, phone number and country.

We will use this information to contact you to provide you with a free trial of the Services. We will also use your email address in order to send you information related to our Services and to keep you up to date regarding new Services.

In the event that you are interested in joining our team, and wish to submit your CV, through ADP, LLC, our third party service provider which provides recruiting service on our behalf, you will be required to provide us with your name, email address, and phone number. For additional information, please see ADP’s privacy policy available at: https://www.adp.com/privacy.aspx.

Your provision of personal information in connection with recruiting is voluntary, and you determine the extent of information you provide us. We do not request or require sensitive personal information concerning religion, health, sexual orientation, or political affiliation in connection with recruiting. We will use the information you have provided solely to communicate with you, to manage our recruiting and hiring processes, and for compliance with corporate governance and legal and regulatory requirements. If you are hired, the information may be used in connection with employment and corporate management.

3.2. Information We Collect from Users and Customers

in addition to a Visitor information described above, the following may be processed about Users or Customers:

Type of Information How Do We Use It?

You can sign up as a User through our Services, during which you will be required to register and open an account. During the registration flow you will be requested to provide us with certain information such as your full name, email address, you will be required to create a password, at which time you thereby represent and warrant that you are responsible for maintaining the confidentiality of your details and password. You represent and warrant that you will not provide us with inaccurate, misleading or false information.

We will use this information for the purpose of performing our contract with you, provide you with the Services you have requested, and designate your account. We will use your contact details in order to send you required information related to the Services and our business engagement (e.g., send you a Welcome message, to notify you regarding any updates to our Services, send applicable invoices, and additional occasional communications related to the Services) as well as verify your identity.

You can remove your Personal Information from our mailing list and stop receiving promotional communications from us by following the unsubscribe link located at the bottom of each communication or by emailing us at [email protected].

Please note, even if you unsubscribe, we reserve the right to send you service-related communications, including service announcements and administrative messages, relating either to your account or to your transactions of the Services, without offering you the opportunity to opt out of receiving them unless you terminate and delete your account. If you wish to delete your Account, please contact us at: [email protected]. Note that, even if we will delete your account, we will not delete certain information required under applicable law or otherwise, required for the legitimate purposes of our business. For example, we will not delete any invoices sent to you as we need it for the purpose of managing our finances.

You may also choose to sign in with your social network account (such as Google, Facebook or Microsoft). Such network accounts may provide us with access to certain information about you as stored therein (e.g., full name, e-mail and any other information which you made public).

Account information: you may choose to add details and information to your account, such as your phone number, your profile picture and merge the account with another email address you own.

This information is optional and is fully managed by you. If submitted, we may use your merged email address to provide you with similar updates and notifications as described above.

A User may provide us with Personal Information of third parties, for example, if a User requests that a third party sign an electronic document through our Services, he or she may provide us with such third party’s email address and full name.

We will use this information solely for the purpose of providing our Users with the requested e-signature service. Note, we are the “processor” of such information and the User is the “controller” as such terms are defined under the GDPR.

Documents uploaded by Users through our online Software might include personal data.

We use this data solely to provide the Service, we do not collect or process this data and it is deleted immediately following the provision of the service and no later than 24 hours, following the last time you accessed the document. Note, we are the “processor” of such information and the User is the “controller” as such terms are defined under the GDPR.

We may further process browsing data, search queries, browsing history, directly or through third parties (such as APIs, cookies, etc.)

We use this information to improve the service and internally to detect certain behaviors, we will not profile you or identify you based on this information.

4. How We Collect Information

Depending on the nature of your interaction with the Services, we may collect information as follows:

  • Automatically – we may use Cookies, tags or log files (as elaborated in the section below) to gather some information automatically. Provided by you voluntarily – we will collect information if and when you choose to provide us with the information, such as through a registration process, contact us communications, payment process, etc.
  • Publicly available or received by third parties. If you are a Customer (or a prospective one), we might use information manifestly made publicly available by you to contact you.

5. Your Rights

If you are a resident of California, the relevant section in our CCPA Statement applies to you.

If you are a resident of the EU, EEA or the UK, the following apply to you: Individuals have the right to (a) know what information we hold about them and, in some cases, to have such information communicated to them in a readable format; (b) correct Personal Information held about them, (iii) delete their Personal Information, and (v) in certain cases, and where applicable, cease or restrict processing of their Personal Information. Subject to the limitations in applicable law, individuals may also be entitled to obtain from us the Personal Information they have provided to us in a structured, commonly-used, and machine-readable format, and may have the right to transmit such Personal Information to another party.

for more information about your rights regarding your privacy, and in order to exercise your choices and controls in connection with our treatment of your Personal Information, please review our user right policy and online forms available at: www.lulusoftware.com/user-rights, or reach out by email for more information or request regarding your Personal Information, at [email protected].

Where we are not able to provide you with the information for which you have asked, we will endeavor to explain the reasoning for this and inform you of your rights, including the right to complain to the supervisor authority.

Data privacy and related laws in your jurisdiction may provide you with different or additional rights related to the data we collect from you, which may also apply.

If you are a resident of the EU, EEA or UK, you have the right to lodge a complaint to a data protection authority about our collection and use of your Personal Information. To learn more, please contact your local data protection authority, via the contact methods available here. However, if you have any questions about our collection and use of your Personal Information, please first contact us at [email protected].

6. Data Retention

As a User, we will retain your information for as long as your account is active or as needed to provide the Services to you, all in accordance with applicable laws. We may at our sole discretion, delete or amend information from our systems, without notice to you, once we deem it is no longer necessary for such purposes. Any communication data, including Personal Information therein is stored for as long as needed to provide you with the inquiry or as required by law.

7. Minors

If you are under 16 years of age, you are not permitted to use this Website or our Services. If you are 16 years old but not yet 18, or of the age of majority in the jurisdiction where you reside, you may not use this Website or Services without the express and informed consent of your parent or guardian. If you become aware or have any reason to believe that a child has shared any information with us, please contact us at: [email protected]

8. Sharing Personal Data

We share Personal Information collected from you with third parties or any of our partners only in the following events:

  1. Third Party service providers: we may share your information with third parties that perform services on our behalf, such as storage, host, features providers, payment processors, analytics services, servers, service functionality, customer support, marketing and advertising. These third parties may be located in different jurisdictions; We require each to maintain adequate measures of information and privacy protection as required by applicable law.
  2. Business partners who combine their technological features with us may have access to certain Personal Information about your usage, as collected from you. In these cases, you will always be able to check their privacy policies before using the combined services.
  3. Our affiliated companies. We may disclose Personal Information to any current or future affiliated company, parent companies, or subsidiaries to process for the purposes described in this Policy. Affiliated companies are companies controlling, controlled by, or under common control with us.
  4. Legal Disclosure, Policy Enforcement, Third Party Rights: We reserve the right to disclose your personal information if required by law and/or to comply with a court order or similar legal process or when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. In certain situations, Avanquest Logiciels may be required to disclose personal data in response to lawful requests by public authorities.
  5. Business Transitions: If Avanquest Logiciels is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

We may store Non-Personal and Personal Information on our servers or our cloud servers, use or share Non-Personal Information in any of the above circumstances, as well as for the purpose of providing and improving our Service as detailed above. Furthermore, we reserve the right to use, disclose or transfer (for business purposes or otherwise) aggregated and processed data to third parties, including, inter alia, affiliates, for various purposes including commercial use. This information may be collected, processed and analyzed by us and transferred in a combined, collectively and aggregated manner (i.e., your information is immediately aggregated with other users) to third parties.

9. Cookies and other web technologies

When you access or use the Website, or interact with our Services, we may use “cookies” (or similar technologies), which store certain information on your device (i.e., locally stored) and which will allow us to customize the Service and content as well as enhance your experience of the Services. The use of cookies is a standard industry-wide practice. A "Cookie" is a small piece of information that a website assigns and stores on your device while you are viewing a website. Cookies are very helpful and can be used for various different purposes such as allowing you to navigate between pages efficiently and making the interaction between you and our Services quicker and easier.

We may permit third parties to use cookies or other technology to collect information about your online and application usage activities across our Services, this data may include Online Identifiers therefore we recommend you review our cookie policy carefully: https://www.lulusoftware.com/legal/Cookies

We may link this automatically-collected data to other information we collect about you. We may also combine this automatically-collected log information with other information we collect about the services we offer you. Further, we may use the information collected through the cookies for marketing and promotional service therefore we recommend you review the cookie policy and mange your preference through our cookie manager.

10. Security and Detection

We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received. For Website security purposes, and to ensure that our website remains available to all Visitors, all network traffic is monitored in order to identify unauthorized attempts to upload or change information, cause damage, or conduct criminal activity. To protect the system from unauthorized use and to ensure that the system is functioning properly, individuals accessing our Website are subject to monitoring. Unauthorized attempts to upload or change information, or otherwise cause damage to this service are strictly prohibited and may be punishable under applicable law. For more information regarding our security measures please see www.lulusoftware.com/security.

Further, in the event of a data incident, in which we discover your Personal Information may be at risk, then we will take reasonable efforts to notify you and the applicable authority (if required, subject to applicable laws).

11. Social Media Widgets

Our website includes social media features such as the Facebook and Twitter buttons and widgets, as well as the “Share this” button and all interactive mini-programs that run on our website. These features may collect your IP address, which pages you are visiting within our Website, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our website. Your interactions with these features are governed by the privacy policy of the company providing it.

12. Data Transfer Outside of the EEA

We may store or process your Personal Information in the United States or in other countries. If you visit our Websites or use our Services from locations outside of the United States, please note that any information you provide to us through your use of our Websites or Service may be transferred to and processed in countries other than the country from which you accessed our Websites or Service, including the United States and Canada, where our central database is operated.

We will take the necessary steps to ensure that international transfers of Personal Information meet all requirements under applicable data protection laws. When personal data collected within the European Economic Area (“EEA”) is transferred outside the EEA, we will take the steps necessary to ensure that the transfer of such data provides sufficient safeguards, and you may exercise your rights, where applicable, to receive information on such transfer mechanisms. Personal Information transferred outside the EEA is transferred for processing by AWS on its servers in the United States, and among the Company’s affiliates, in both cases pursuant to standard contractual clauses approved by the European Union. If you would like to understand more about these arrangements and your rights in connection therewith, please contact our Data Protection Officer at: [email protected].

13. Special Jurisdictions

This Privacy Policy was designed with the EU General Data Protection Regulation in mind. If you are a resident of California state, in addition to the aforesaid, the following may additionally apply to you.

Avanquest Logiciels Privacy Policy30.04.2021, 19:04:29