3. COLLECTION AND USE OF PERSONAL INFORMATION AND OTHER DATA
3.1. Account Information
In order to use the Platform Services, our Customers and their End Users are required to have a valid Relay account to log into the Platform (“Account”). The Personal Information Relay collects about individuals varies depending upon the individual’s relationship to our Customer(s) and their role as an End User. When you register an Account for Platform Services or as an End User, we collect the Personal Information listed in the below table (the “Account Information”):
Personal Information Collected
Beneficial Owner of Customer (Individual(s) owning >25% interest in Customer)
All Beneficial Owners
(b) Date of Birth
(d) Title at Customer
(e) Personal Address
(f) Email Address
(g) Telephone Number
U.S. Citizen Beneficial Owners
(a) Social Security Number (if US Citizen)
(b) Government-Issued Photo ID (e.g. Driver’s License, State ID, or Passport)
Non-U.S. Citizen Beneficial Owners
(c) Passport Number
(d) Passport Picture
(e) Canadian Driver’s License (option available to Canadian residents only)
· Identity Verification and regulatory compliance
· Service Registration
· Delivery of Services
Employee of Customer
(b) Email Address
(c) Telephone Number
· Account Registration
· Service Delivery
Accountant of Customer (Owner)
(b) Email Address
(c) Business Name
(d) Business Address
(e) Business Phone Number
(f) Number of Bookkeeping Clients
(g) Primary Accounting Platform
· Account Registration
· Service Delivery
Customer Accountant (Bookkeeper Employee)
· Account Registration
· Service Delivery
In addition to the primary uses listed above, Relay uses the Account Information to:
(a) authenticate access to the Account and provide access to the Platform Services;
(b) provide, operate, maintain and improve the Platform Services;
(c) Send technical notices, updates, security alerts and support and administrative messages;
(d) Provide and deliver the Platform Services and features you request, process and complete transactions, and send you related information, including confirmations and invoices;
(e) Respond to comments, questions, and requests and provide customer service and support;
(f) Communicate with you about services, features, surveys, newsletters, offers, promotions, contests and events, and provide other news or information about us and our select partners;
(g) Investigate and prevent fraudulent transactions, unauthorized access to the Platform Services, and other illegal activities;
(h) Personalize and improve the Platform Services, and provide content, features, and/or advertisements that match your interests and preferences or otherwise customize your experience on the Platform Services;
(i) Monitor and analyze trends, usage, and activities in connection with the Platform Services and for marketing or advertising purposes;
(j) Link or combine with other information we receive from third parties to help understand your needs and provide you with better service;
(k) Enable you to communicate, collaborate, and share information with users you designate; and,
(l) For other purposes about which we will notify you about and seek your consent.
3.2. Prospective Customers
We collect names, email addresses and other business contact information about individuals who we consider to be prospective Customers and business partners (“Prospects”). We may use Sub-Processors (as that term is defined below) to identify Prospects and locate contact information to contact Prospects about our products and services.
3.3. Website Visitors and App Users
As you visit or browse the Website, we collect information about the device and browser you use, your network connection, your IP address, and information about the cookies installed on your device. When you download or use our App, we collect information about your device, your network connection, your IP address, and your App usage. This information is logged to help diagnose technical problems for analytics and for quality control purposes. We also collect Personal Information submitted by any visitor to our Website or App User through messaging features we make available on our Website and App and use such information for the purpose of responding to your requests.
A cookie is a small amount of data, which may include a unique identifier. Cookies are sent to your browser from a website and stored on your device. We assign a different cookie to each device that accesses our Website.
You may be able to set your browser to notify you when you are sent a cookie. This gives you the chance to decide whether or not to accept it. If you disable cookies, you may not be able to access the features of the Website and/or Platform Services. We do not link any of the information we use in cookies to any personally identifiable information submitted by you when you are on the Website.
Relay combines data derived from our usage of cookies with Account Information of registered users for the purposes set out in Section REF _Ref5115869 \r \h 3.1 above
4. STORAGE LOCATION AND TRANSFER OF PERSONAL INFORMATION
Relay processes and stores its data, including Personal Information, on servers located in Canada and the United States. By submitting Personal Information or otherwise using the Platform Services, you agree to this transfer, storing or processing of your Personal Information in Canada and the United States. You acknowledge and agree that your Personal Information may be accessible to law enforcement and governmental agencies in Canada and the United States under lawful access regimes or court order.
5. DISCLOSURE OF PERSONAL INFORMATION WITH THIRD PARTIES
5.1. Service Providers, Business Partners, and Transactions
We may from time to time employ third-party Sub-Processors (“Sub-Processors”) to perform tasks on our behalf and we may need to share Account Information and other Personal Information with them to provide certain services. Relay uses Sub-Processors in order to collect, store and process our Customers’ and Prospects’ Personal Information. Unless we tell you differently, such Sub-Processors do not have any right to use the Personal Information we share with them beyond what is necessary for them to provide the tasks and services on our behalf. The Sub-Processors we currently engage include third party companies and individuals employed by us to facilitate our services, including the provision of maintenance services, database management, Web analytics and general improvement of the Platform Services. For a current list of our Sub-Processors, please see https://relayfi.com/sub-processors.
We may disclose your Personal Information to third parties about your Account or the transactions you make:
· Where it is necessary for completing transactions;
· In order to verify the existence and condition of your Account for a third party;
· To our employees, auditors, affiliates, service providers, or attorneys as needed.
5.2. Business Transfers
If our business (or substantially all of our assets) are acquired by a third party, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information may be made available or otherwise transferred to the new controlling entity, where permitted under applicable law.
5.3. With Your Consent
5.4. As Required by Law
We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other End Users, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. Further, we may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: satisfy any applicable law, regulation, legal process or governmental request; enforce our contracts or user agreement, including investigation of potential violations hereof; and detect, prevent, or otherwise address fraud, security or technical issues. The above may include exchanging information with other companies and organizations for fraud protection and spam/malware prevention. Notwithstanding the general terms of this policy, the collection, use, and disclosure of Personal Information may be made outside of the terms herein to the extent provided for in any applicable privacy or other legislation in effect from time to time, or pursuant to court orders.
7. ACCESS, CORRECTION AND ACCURACY
You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information, although in certain limited circumstances, and as permitted under law, we may not be able to make all relevant information available to you, such as where that information also pertains to another individual. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.
We will make every reasonable effort to keep your Personal Information accurate and up to date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service.
8. RESIDENTS OF THE EUROPEAN ECONOMIC AREA (“EEA”)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Relay aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information (known as “Personal Data” under the EU General Data Protection Regulation).
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us using the contact information set out below.
In certain circumstances, where we act as Data Controller, you have the following data protection rights:
· Request access to your Personal Information (commonly known as a "data subject access request"). This enables you to receive a copy of the Personal Information we hold about you where we are the data controller and to check that we are lawfully processing it.
· Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected, though we may need to verify the accuracy of the new information you provide to us.
· Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your Personal Information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
· Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
· Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios: (a) if you want us to establish the information's accuracy; (b) where our use of the information is unlawful but you do not want us to erase it; (c) where you need us to hold the information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your information but we need to verify whether we have overriding legitimate grounds to use it.
· Request the transfer of your Personal Information to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
· Withdraw consent at any time where we are relying on consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
If you wish to exercise any of the rights set out above, please contact us using the contact details below.
You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it.
We may also contact you to ask you for further information in relation to your request to speed up our response.
10. ADDITIONAL INFORMATION
Relay Financial Technologies Inc.
Attn: Privacy Officer
2 Bloor Street West, Suite 1806,
Toronto, ON, Canada M4Y 2B6
Last Updated: April 16, 2019