Privacy Statement

Contact: privacy@phelix.ai

Effective Date: January 20, 2021

Phelix is founded on trust and we are committed to protecting the privacy and confidentiality of personal information (including personal health information) in our possession and control (the terms “personal information” and “personal health information” are used interchangeably throughout this statement). This Privacy Statement explains the measures we take to fulfill these commitments and describes the manner in which Phelix collects, uses, discloses and otherwise treats personal information through our website available at phelix.ai, including all subpages and successor pages (collectively referred to as the “Website”) as well as through other interactions with our clients and prospective clients.Our commitment to information privacy is an ongoing responsibility, and so we will from time to time update this Privacy Statement as we undertake new personal information practices or adopt new privacy policies and procedures. We strongly encourage you to refer to this Privacy Statement regularly for the latest information about our personal information practices. If any changes are significant, we will let you know (for example, through the notification address you provided us). 


This Privacy Statement applies when you:

  • Visit our websites that display or link to this Privacy Statement;
  • Visit our branded social media pages;
  • Receive communications from us, including emails, phone calls, texts or fax;
  • Use our products and services as an authorized user (for example, as an employee of one of our customers who provided you with access to our services) where we act as a controller of your personal information; 
  • Visit our office; or
  • Register for, attend and/or otherwise take part in our events (including online events).

Why and when we collect personal information 

We generally collect and/or process your information when we need to do so to fulfill a contractual or legal obligation, or to respond to a request by a customer or prospective customer (for example, to process your subscription purchase to use our services or when you fill out a contact form through our Website), or where we or someone we work with needs to use your personal information for a reason related to their business (for example, to provide you with a service). 

We only process personal information after considering the potential risks to your privacy—for example, by providing clear transparency into our privacy practices, offering you control over your personal information where appropriate, limiting the information we keep, limiting what we do with your information, who we send your information to, how long we keep your information, or the technical safeguards we use to protect your information.

Our websites and services may contain links to other websites, applications and services maintained by third parties. The information practices of such other services, or of social media networks that host our branded social media pages, are governed by third parties’ privacy statements, which you should review to better understand those third parties’ privacy practices.

Personal information we collect directly from you

The personal information that we collect directly from you includes the following:

  • If you express an interest in obtaining additional information about our services; request customer support (including accessing our trainings or help functions); use our “Contact Us” or similar features; register to use our websites; sign up for an event, webinar or contest; or download certain content, we may require that you provide to us your contact information, such as your name, job title, company name, address, phone number, email address or username and password;
  • If you register for an online community that we host, we may ask you to provide a username, photo or other biographical information, such as your occupation, location, social media profiles, company name, areas of expertise and interests;
  • If you interact with our websites or emails, we automatically collect information about your device and your usage of our websites or emails (such as Internet Protocol (IP) addresses or other identifiers, which may qualify as personal information using  cookies, web beacons, or similar technologies; 
  • If you use and interact with our services, we automatically collect information about your device and your usage of our services through log files and other technologies, some of which may qualify as personal information; 
  • If you communicate with us via a phone call from us, we may record that call;
  • If you voluntarily submit certain information to our services or websites, such as filling out a survey about your user experience, we collect the information you have provided as part of that request; 
  • If you attend an event, we may, with your further consent, scan your attendee badge, which will provide to us your information, such as name, title, company name, address, country, phone number and email address;and
  • If you visit our office, you may be required to register as a visitor and to provide your name, email address, phone number, company name and time and date of arrival. Additionally, due to the COVID-19 pandemic, you may be required to provide information regarding your health status, including your temperature, COVID-19-related symptoms, exposure to COVID-19 positive individuals, and recent travel history.

If you provide us or our service providers with any personal information relating to other individuals, you represent that you have the authority to do so, and where required, have obtained the necessary consent, and acknowledge that it may be used in accordance with this Privacy Statement. If you believe that your personal information has been provided to us improperly, or want to exercise your rights relating to your personal information, please contact us by using the information in the “Contact us” section below.


Personal information we collect from other sources

We also collect information about you from other sources, including third parties from whom we have purchased personal information, and combine this information with personal information provided by you. This helps us to update, expand and analyze our records, identify new customers and create more tailored advertising to provide services that may be of interest to you. In particular, we collect personal information from the following sources:

Third party providers of business contact information, including mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), IP addresses, social media profiles, LinkedIn URLs and custom profiles, for purposes of targeted advertising and outreach, delivering relevant email content, event promotion and profiling. 

 

How we process device and usage data

We use common industry standard information-gathering tools, such as tools for collecting usage data, cookies, web beacons and similar technologies to automatically collect information that may contain personal information from your computer or mobile device as you navigate our websites, our services or interact with emails we have sent to you.

Device and usage data

As is true of the case with most websites, we gather certain information automatically when individual users visit our websites. This information may include identifiers, commercial information, and internet activity information such as IP address (or proxy server information), device and application information, identification numbers and features, location, browser type, plug-ins, integrations, Internet service provider, mobile carrier, the pages and files viewed, searches, referring website, app or ad, operating system, system configuration information, advertising and language preferences, date and time stamps associated with your usage, and frequency of visits to the websites. This information is used to analyze overall trends, help us provide and improve our websites, offer a tailored experience for website users, and secure and maintain our websites. 

In addition, we gather certain information automatically as part of your use of the cloud products and services. This information may include IP address (or proxy server), device and application identification numbers, location, browser type, Internet service provider and/or mobile carrier, the pages and files viewed, searches and other actions you take, operating system and system configuration information and date/time stamps associated with your usage. This information is used to maintain the security of the services, to provide necessary functionality, as well as to improve performance of the services, to assess and improve customer and user experience of the services, to review compliance with applicable usage terms, to identify future opportunities for development of the services, to assess capacity requirements, to identify customer opportunities and for the security of Phelix generally (in addition to the security of our products and services). Some of the device and usage data collected within the services, whether alone or in conjunction with other data, could be personally identifying to you. Please note that this device and usage data is primarily used for the purposes of identifying the uniqueness of each user logging on (as opposed to specific individuals), apart from where it is strictly required to identify an individual for security purposes or as required as part of our provision of the services to our customers (pursuant to our terms of service or governing agreement). 


How we use “cookies” and other tracking technologies

We use cookies and similar technologies such as web beacons, tags and JavaScript, alone or in conjunction with cookies, to compile information about the usage of our websites and interaction with emails from us.

When you visit our websites, we or an authorized third party may place a cookie on your browser and/or device, which collects information, including personal information, about your online activities over time and across different sites. Cookies allow us to track usage, determine your browsing preferences and improve and customize your browsing experience.

We use both session-based and persistent cookies on our websites. Session-based cookies exist only during one session and disappear from your computer when you close your browser or turn off your computer. Persistent cookies remain on your computer or device after you close your browser or turn off your computer. To change your cookie settings and preferences for the site you are visiting, click the Cookie Preferences link in the footer of the page. You can also control the use of cookies at the individual browser level. Please note that choosing to disable cookies may limit your use of certain features or functions on our websites and services.

We also use web beacons on our websites and in email communications. For example, we may place web beacons in marketing emails that notify us when you click on a link in the email that directs you to one of our websites. Such technologies are used to operate and improve our websites and email communications.

To learn more about targeted advertising or to opt-out of this type of advertising generally, you can visit the Digital Advertising Alliance website at www.aboutads.info/choices/ or the Digital Advertising Alliance of Canada website at www.youradchoices.ca/choices.


Social Media Features

Our websites may use social media features other sharing widgets (“Social Media Features”). You may be given the option by such Social Media Features to post information about your activities on a website to a profile page of yours that is provided by a third party social media network in order to share with others within your network. Social Media Features are either hosted by the respective social media network or hosted directly on our website. To the extent the Social Media Features are hosted by the respective social media networks and you click through to these from our website, the latter may receive information showing that you have visited our website. If you are logged in to your social media account, it is possible that the respective social media network can link your visit to our websites with your social media profile.

Your interactions with Social Media Features are governed by the privacy policies of the companies providing the relevant Social Media Features.


We limit the use of your personal information to authorized purposes 

We collect and process your personal information for the following purposes. Where required by law, we obtain your consent to use and process your Personal information for these purposes. Otherwise, we rely on other authorized legal basis (including but not limited to the (a) performance of a contract or (b) legitimate interest) to collect and process your personal information.

  • Providing our websites and services (including necessary functionality for both): We process your personal information to perform our contract with you for the use of our websites and services and to fulfill our obligations under the applicable terms of use and service; if we have not entered into a contract with you, we base the processing of your personal information on our legitimate interest to operate and administer our websites and to provide you with content you access and request (e.g., to download content from our websites);
  • Promoting the security of our websites and services: we may track use of our websites and services, creating aggregated non-personal data, verifying accounts and activity, investigating suspicious activity, and enforcing our terms and policies to the extent it is necessary for our legitimate interest in promoting the safety and security of the services, systems and applications and in protecting our rights and the rights of others;
  • Managing account registrations: If you have registered for an account with us, we process your personal information by managing your user account for the purpose of performing our contract with you according to applicable terms of service;
  • Responding to contact and technical support requests: If you fill out a “Contact Me” web form or request technical support, or if you contact us by other means including via a phone call, we use your personal information to perform our contract with you and to the extent it is necessary for our legitimate interest in fulfilling your requests and communicating with you;
  • Managing event registrations and attendance: We process your personal information to plan and host events or webinars for which you have registered or that you attend, including sending related communications to you, to perform our contract with you;
  • Managing payments: If you have provided financial information to us, we process your personal information to verify that information and to collect payments to the extent that doing so is necessary to complete a transaction and perform our contract with you;
  • Assessing and improving user experience: We may process your personal information and or device and usage data as described above, which in some cases may be associated with your personal information, to analyze trends and assess and improve the overall user experience to the extent it is necessary for our legitimate interest in developing and improving the service offering, or where we seek your consent; 
  • Reviewing compliance with applicable usage terms: We process your personal information to review compliance with the applicable usage terms in our customer’s contract or terms of service to the extent that it is in our legitimate interest to ensure adherence to the relevant terms; 
  • Ensuring capacity requirements: We may process your personal information to assess the capacity requirements of our services the extent that it is in our legitimate interest to ensure that we are meeting the necessary capacity requirements of our service offering; 
  • Identifying customer opportunities: We may process personal information to assess new potential customer opportunities to the extent that it is in our legitimate interest to ensure that we are meeting the demands of our customers and their users’ experiences; 
  • Registering office visitors: We process your personal information for security, health, and safety reasons, when you visit our office and to manage non-disclosure agreements that visitors may be required to sign, to the extent such processing is necessary for our legitimate interest in protecting our office, staff and visitors and our confidential information against unauthorized access;
  • Recording phone calls: We may record phone calls for training, quality assurance, and administration purposes. When required under applicable law, we will obtain your prior consent or give you the option to object to a call being recorded;
  • Displaying marketing communications: We may process your personal information or device and usage data, which in some cases may be associated with your personal information, to send you marketing information, product recommendations and other non-transactional communications (e.g., marketing newsletters) about us and our products, promotions or events as necessary for our legitimate interest in conducting direct marketing or to the extent you have provided your prior consent; and
  • Complying with legal obligations: We process your personal information when cooperating with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of personal information to protect our rights or is necessary for our legitimate interest in protecting against misuse or abuse of our websites, protecting personal property or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes, respond to lawful requests, or for auditing purposes.

We only process personal information for these “legitimate interests” after considering the potential risks to your privacy—for example, by providing clear transparency into our privacy practices, offering you control over your personal information where appropriate, limiting the information we keep, limiting what we do with your information, who we send your information to, how long we keep your information, or the technical measures we use to protect your information.



Opting out of marketing communications 

You can opt-out of receiving marketing and promotional email from us by following the unsubscribe instructions contained in each of our email communications. Please note that you will continue to receive email regarding your account and transactions with us. Alternatively, you can unsubscribe from any of our marketing communications by contacting us at privacy@phelix.ai

Employment: 

If you inquire about or apply for a job with Phelix, you may provide us with certain personal information about yourself (such as that contained in a resume, cover letter, or similar employment-related materials). We use this information for the purpose of processing and responding to your application for current and future career opportunities.

Service Providers

We may transfer your personal information to our trusted third party service providers who provide various services on our behalf such as technology, hosting, data analysis, legal and accounting. We only engage reputable and compliance service providers who commit to at least industry standard safeguards for the protection of personal information. 

We may provide links to third party websites

Our Website may contain links to other websites that we do not own or operate. Also, links to our Website may be featured on third party websites on which we advertise. Except as provided herein, we will not provide any of your personal information to these third parties without your consent. We provide links to third party websites as a convenience to the user. These links are not intended as an endorsement of or referral to the linked websites. The linked websites have separate and independent privacy policies, notices and terms of use, which we recommend you read carefully. We do not have any control over such websites, and therefore we have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose, secure and otherwise treat your personal information.


Location of your data 

We do not store personal health information outside of Canada. Personal information we collect is stored and processed by us and our third party service providers primarily in Canada, regardless of where you are located.

Personal data may be collected, transferred to and stored by us and our hosting providers in the United States at times. 


How long do we retain your information  

We may retain your personal data for a period of time consistent with the original purpose of collection. We determine the appropriate retention period for Personal Data on the basis of the amount, nature and sensitivity of your Personal Data processed, the potential risk of harm from unauthorized use or disclosure of your Personal Data and whether we can achieve the purposes of the processing through other means, as well as on the basis of applicable legal requirements (such as applicable statutes of limitation).

After expiry of the applicable retention periods, your Personal Data will be deleted. If there is any data that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of such data.

For further information on applicable data retention periods, please contact us by using the information in the “Contacting us” section, below.


Your rights over your information

You have certain rights relating to your personal information, subject to local data protection laws. Depending on the applicable laws, these rights may include:

  • To access your Personal Data held by us; 
  • To rectify inaccurate Personal Data and, taking into account the purpose of processing the Personal Data, ensure it is complete;
  • To erase/delete your Personal Data, to the extent permitted by applicable data protection laws; 
  • To restrict our processing of your Personal Data, to the extent permitted by law; 
  • To transfer your Personal Data to another controller, to the extent possible; 
  • To object to any processing of your Personal Data carried out on the basis of our legitimate interests. Where we process your Personal Data for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection;
  • To the extent we base the collection, processing and sharing of your Personal Data on your consent, to withdraw your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal.


How to exercise your rights

To exercise your rights, please contact us by using the information in the “Contacting us” section, below. Your personal data may be processed in responding to these rights. 


How we protect your information

We take precautions including organizational, technical and physical measures to help safeguard against the accidental or unlawful destruction, loss, alteration and unauthorized disclosure of, or access to, the personal information we process or use.

While we follow generally accepted standards to protect personal information, no method of storage or transmission is 100% secure. You are solely responsible for protecting your passwords, limiting access to your devices and signing out of websites after your sessions. If you have any questions about the security of our websites, please contact us by using the information in the “Contacting us” section, below.

Children

Our websites are not directed at children. We do not knowingly collect personal information from persons under the age of 18 unless (a) we have obtained consent from a parent or guardian, (b) such collection is subject to a separate agreement with us or (c) the visit by a child under the age of 18 is unsolicited or incidental. If you are a parent or guardian and believe your child has provided us with personal data without your consent, please contact us by using the information in the “Contacting us” section below and we will take steps to delete their information from our systems.

Changes to this Privacy Statement

We will update this Privacy Statement from time to time to reflect changes in our practices, technologies, legal requirements and other factors. If we do, we will update the “effective date” at the top of this Privacy Statement. If we make a material update, we may provide you with notice prior to the update taking effect, such as by posting a conspicuous notice on our website or by contacting you using the email address you provided.

We encourage you to periodically review this Privacy Statement to stay informed about our collection, processing and sharing of your Personal Data.


Contacting Us 

 

If you would like to ask about, make a request relating to, or complain about how we process your personal information, you can contact us :

By email at:  privacy@phelix.ai.

By mail at: 

1005 King Street West 

Suite 336 

Toronto, Ontario M6K 3M8