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QWALIFY INC. (INCLUDING DojoTM)

Last updated: November 20, 2014

This page states the Qwalify Privacy Policy (the “Privacy Policy”). The Privacy Policy describes how Qwalify Inc. (“Qwalify”) collects, protects, uses and discloses data that is collected by the Qwalify Sites, and provided by You as You use the Qwalify Sites. Unless otherwise defined herein, capitalized terms shall have the meanings assigned to such terms in the Qwalify Terms of Use Agreement (the “Agreement”) as amended from time to time and found here.

BY USING THE QWALIFY SITES OR THE QWALIFY SERVICES, OR SUBMITTING DATA THROUGH THE QWALIFY SITES, YOU EXPRESSLY CONSENT TO THE PROCESSING OF YOUR DATA ACCORDING TO THIS PRIVACY POLICY.

THIS PRIVACY POLICY IS SUBJECT TO THE PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT (CANADA). WE ALSO ENDEAVOUR TO COMPLY WITH THE U.S – EU SAFE HARBOUR REGIME (UNITED STATES AND EUROPEAN UNION). TO THE EXTENT THAT ANY INFORMATION COLLECTED ON OUR SITES IS STORED IN THE UNITED STATES, YOUR INFORMATION MAY ALSO BE SUBJECT TO OTHER U.S. LAWS. FURTHERMORE, DEPENDING ON WHERE YOU ACCESS AND USE THE QWALIFY SITES, YOU MAY BE SUBJECT TO LAWS APPLICABLE TO YOUR SPECIFIC JURISDICTION. YOU ACKNOWLEDGE AND AGREE TO FAMILIARIZE YOURSELF WITH SUCH ALL LAWS APPLICABLE TO YOU, AND ADHERE TO THEM AT ALL TIMES.

  1. INFORMATION WE COLLECT
    1. INFORMATION YOU PROVIDE. To take advantage of some of the features of the Qwalify Sites, You may have to provide Us with some of the following information (collectively the “Profile Content”):
      1. “Basic Profile Information” which may include Your name, user ID, profile photo, general areas of professional interest and Your results to introductory character questionnaires; and
      2. “Enhanced Profile Information” which may include Your contact information, location, resume, portfolio materials (regardless of file format), results from proprietary or third-party advanced character assessments or questionnaires, or Your results from any other Qwalify Service used.
    2. CONTRIBUTIONS YOU MAKE. As You use the Qwalify Sites, and interact with the Qwalify Services, You may make contributions to the Qwalify Sites such as written comments, photos, videos and audio, feedback and other comments to Qwalify, or Kudos clicks (our form of a “like”). For example, on Dojo you may provide Engagement Content.
    3. TRANSACTION HISTORY. We collect Your order information and purchase and payment history.
    4. AUTOMATIC COLLECTION. We collect information about You automatically. We automatically collect information about how You use the Qwalify Sites and Qwalify Services, the areas of Our websites that You visit, as well as information about Your computer or mobile device, such as Your Internet protocol (IP) address, device ID, physical location, browser and operating system type, and referring URLs. This information is necessary for providing personalized and location-based content as well as for analyzing web traffic, troubleshooting problems, preventing fraud, and improving Our services. We link this data to the personally identifiable information we collect about You.
    5. THIRD PARTY DATA. If You choose to sign in with Your Google account, LinkedIn account or some other similar site, which We may support from time to time, We will import the requested information from Your third party account (the “Third Party Data”). You understand that Your Third Party Data continues to be primarily governed by the terms of use and privacy policy of the third party that facilitated its access and sharing. We do not control Third Party Data, but are only given limited access to it to provide You convenience in service. At any time, You may revoke that limited access to Your Third Party Data from respective third party website. This Privacy Policy does not apply to Third Party Data.
    6. BILLING INFORMATION. Further to the Agreement, We may request Your credit card information or any other billing information as We may find acceptable from time to time, for the purpose of processing your payments (the “Billing Information”). However, because We use a third party payment processor in order to facilitate payments, Billing Information is not stored on our system, and therefore it is not governed by this Privacy Policy.

    Collectively, all information that You may provide, as contemplated under this Section 1, shall be referred to as: “Your Information”.

  2. HOW WE USE INFORMATION
    1. OVERVIEW. We collect, use and disclose Your Information in order to (i) provide You with Our products and services, (ii) operate and improve the Qwalify Sites, and (iii) create a positive User experience.
    2. CONSENT. By providing Us with Your Information, You consent to Our using Your Information to:
      1. provide You with the Qwalify Services and customer support;
      2. help You engage with other Users of the Qwalify Sites;
      3. facilitate payment processing for Your purchases on the Qwalify Sites;
      4. prevent potentially prohibited or illegal activities, and enforce this Agreement;
      5. customize, measure, and improve Our products and services, and the Qwalify Sites’ content and layout;
      6. contact You about feature updates, and informational and service-related communications, including important updates;
      7. contact You with relevant third party offers to which You expressly subscribe (You may unsubscribe anytime);
      8. conduct marketing and promotional activities, and conduct surveys;
      9. share Your Information, subject to your privacy settings, and this Privacy Policy, with third party advertising aggregators and resellers in order to direct relevant advertisements to our Users; and
      10. generate internal reports about the use of the Qwalify Sites.
  3. HOW WE SHARE INFORMATION
    1. OVERVIEW. The Qwalify Sites were built to increase the opportunities for, and the quality of, engagement between Talent Prospects and Talent Sourcers. As a result, We designed Your Profile Content to be shared with other Users of the Qwalify Sites so that this kind of meaningful engagement can be facilitated. To that end, we also designed virtual communities where your can share Contributions with others.
    2. Dojo ENGAGEMENT DOJOS. Each time You join an Engagement Dojo on Dojo, You understand that Your Basic Profile Information will be shared with all Users that are a part of that Engagement Dojo. However, You decide how much of Your Enhanced Profile Information is shared with the Administrators and Delegates of that Engagement Dojo. In providing consent for Your Enhanced Profile Information, or any part thereof, to be shared with the Administrators and Delegates of a certain Engagement Dojo, You also consent to their use of that Profile Content for the purpose of facilitating meaningful engagement experiences. Provided such use adheres to this purpose, the Administrator and Delegates of an Engagement Dojo may:
      1. share Your Profile Content, as it is provided to them, internally within their organization and externally with their parent organization, their subsidiaries, affiliates, joint-venturers, partners, service providers or clients; and
      2. download, print, and copy Your Profile Content.
    3. THIRD PARTY SERVICE PROVIDERS. We share Your Information, or parts thereof, with third parties who help deliver Our products and services to You. Such products and services provided by these third parties include: web server hosting, database storage, data analysis, marketing assistance, credit card payment processing, psychometric assessments, professional questionnaires, and customer service. These third parties will have access to Your Information, or any part thereof, as is necessary to perform their functions, but they may not use that data for any other purpose. We will remain responsible for any information shared in this way.
    4. MARKETING. We do not share Your contact information with third parties for their direct marketing purposes unless You affirmatively agree to such disclosure.
    5. INTERNAL. Your Information may be shared within the Qwalify group of companies, whether such companies are parent companies, subsidiaries, joint ventures, or other companies in common control, on a worldwide basis. All such entities shall honour this Privacy Policy in their use of Your Information.
    6. TRANSFERS. We may disclose and transfer Your Information to a third party who acquires any part of or all of Qwalify or the Qwalify Sites, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of Our assets. You acknowledge that such transfers may occur, and that any acquirer of Qwalify, the Qwalify Sites or its assets may continue to use Your Information provided such use complies with this Privacy Policy.
    7. DISCLOSURE. We disclose information if legally required to do so, or at Our discretion. pursuant to a request from a governmental entity or if We believe in good faith – after considering Your privacy interests and other factors – that such action is necessary to: (a) meet legal requirements or comply with legal process; (b) protect Our rights or property or Our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of Our Users or the public.
  4. HOW WE STORE INFORMATION
    1. HOSTING AND STORAGE. Your Information is submitted to Qwalify, a federally incorporated Canadian company, and may be hosted and stored in a database on servers situated in the United States, which may be owned and maintained by a third party unrelated to Qwalify.
  5. SECURITY
    1. DISCLAIMER. Qwalify takes reasonable measures to secure Your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. We have put in place commercially reasonable and appropriate physical, electronic and managerial procedures to safeguard and secure the Your Information. However, the Internet is an open system and We cannot guarantee that unauthorized third parties will not be able to defeat those measures or use Your Information for improper purposes. We therefore disclaim any and all liability that may arise from such incidences of security breach.
  6. COOKIES
    1. “COOKIES”. We use “cookie” technology to help personalize and maximize Your online experience while using the Qwalify Sites. Cookies are small amounts of data that are transferred from Our server to Your computer’s hard drive. We use cookies to improve Your experience on the Qwalify Sites. We use the following types of cookies:
      1. Security: These cookies allow Us to secure access to Your account.
      2. Preference: These cookies are used to store Your preferences like language choice and most frequented Dojo Engagement Dojos.
      3. Analytics: We track traffic patterns so We can identify popular content and potential problems.
      4. Features: We track which Engagement Dojos You search for, viewed, and joined so We can improve Our services.
      5. Advertising: We use non-identifiable information about You to show You advertising.
    2. BLOCKING COOKIES. If You do not wish to accept cookies, You have the option of blocking or disabling cookies. Your computer provides You with the ability to clear all cookies that have been stored onto Your hard drive, should You wish to do so. However, please be aware that You may be unable to access certain parts of the Qwalify Sites if You block or disable Our cookies.
  7. EMAIL MARKETING
    1. OPT-OUT. You may receive communications from Qwalify about products and services that may be of interest to You. If You do not want to receive such communications, You may opt-out by clicking “Unsubscribe” in any such communication, or by contacting Us at service@talentdojo.com. Even if You choose to not receive such communications, We may still communicate with You regarding your Use of our Website, Your orders, Your account or to provide You with appropriate notification for any amendments to the Agreement or this Privacy Policy.
  8. THIRD PARTY POLICIES
    1. THIRD PARTY POLICIES. The Qwalify Sites may contain links to other websites that are not owned or controlled by Qwalify. The provision of such links is for Your convenience and does not signify Our endorsement of such websites or their contents. Qwalify is not responsible for the privacy policies or practices of such other websites. We have no control over, do not review and are not responsible for the privacy policies of, or content displayed on, such other websites. Please be aware that the terms of this Privacy Policy do not apply to any outside or third party websites. Therefore, You may wish to review the privacy policies of those websites so You can understand how they collect, use and share Your information.
    1. THIRD PARTY COOKIES. We may allow third parties to display advertisements to You while You are using the Qwalify Sites. Because Your web browser must request these advertisements from such third parties servers, the third parties can view, edit or set their own cookies, just as if You had requested a web page from their website. Qwalify has no control over, and is not responsible for, the practices of those third party advertisers. The data stored in these cookies is anonymous and the information is not linked to Your personally identifiable information without Your permission. The cookies placed by Our third party advertisement servers may remain on Your computer after You have left Our site until You choose to delete them.
  9. CHILDREN
    1. NO MINORS. Qwalify is not intended for, nor do We knowingly collect information from, children under the age of 14. If a parent or guardian becomes aware that his or her child has provided Us with information of any kind without their consent, he or she should contact Us at service@talentdojo.com so that We can remove such information from the Qwalify Sites and Our databases.
  10. CORRECTING YOUR DATA
    1. CORRECTIONS. You may access, review, correct, update or change Your Profile Content and any personally identifiable information at any time. Sign in to Your account to make the desired changes. If You experience difficulty in accessing Your account, please contact Us at service@talentdojo.com.
  11. CLOSING YOUR ACCOUNT
    1. When You close Your account, or if Your account is terminated according to the Qwalify Terms of Use, we shall delete all personally identifiable information associated with Your Information. As a result, Your Information will not be recoverable after confirmation has been provided to You of account closure. To permanently close Your account, contact Us at service@talentdojo.com.
    2. We may indefinitely retain certain non-personally identifiable information associated with Your Information for research and development, and marketing purposes.
  12. WITHDRAW CONSENT
    1. WITHDRAWAL. You may withdraw Your consent to this Privacy Policy at any time. To revoke Your consent, please contact Us at service@talentdojo.com. If You revoke Your consent, Your accounts with the Qwalify Sites will be closed and Your Information will be deleted, subject to Section 11 of this Privacy Policy. If you continue to use the Qwalify Sites, or any part thereof, your consent to this Privacy Policy and the Agreement will be renewed.
  13. GENERAL
    1. CHANGES TO THE PRIVACY POLICY.
      1. AMENDMENTS. Further to the Qwalify Terms of Use Agreement, We reserve the right to alter, add to, delete, modify or change this Privacy Policy, or any part thereof, at any time. Your use of the Qwalify Sites after any amendments or updates to this Agreement shall signify Your acceptance of such revised terms. The most current version of this Agreement will govern Your use of the Qwalify Sites. We will post any changes to the Agreement on the Qwalify Sites and update the revision date at the beginning of this Agreement. We will also notify you of any material changes to this Agreement by sending an e-mail to the address linked to your account. Any changes to this Agreement or waiver of Our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of Our officers. No purported waiver or modification of this Agreement by Us via telephone or email communications will be valid.
      2. EFFECT OF CHANGES. You understand that any changes We may make to this Privacy Policy may affect Our use and disclosure of Your Information collected prior to such changes. If You do not agree to any of the changes, You must notify Us prior to the effective date of the changes in order to withdraw Your consent from the updated Privacy Policy, according to Section 12 of this Privacy Policy.
    1. CONTACT INFORMATION. If, at any time, You have questions or concerns about this Privacy Policy, please contact Our Privacy Officer at:

      ATTN: Privacy Officer

      Qwalify Inc.

      645 Westmount Road East

      Unit 11 (2nd Floor)

      Kitchener, Ontario

      N2E 3S3 Canada

      Email: thecounsel@qwalify.com