Website Privacy Notice

Last updated August 2022

This privacy notice (“Privacy Notice”) sets out how Sherweb Inc. (“Sherweb” or “We”) uses and protects any Personal Data that you give Sherweb when you use this website. For information on how Personal Data is processed by Sherweb when you use our Services, please consult the Service Data Privacy Statement.

If your legal entity (or a legal entity with which you are affiliated, for example, as an employee) has an agreement with Sherweb to provide the Services (“Customer”), this Privacy Notice is incorporated by reference in your Master Service Agreement (“MSA”) and your use of the Portal under the MSA is subject to this Privacy Notice. Unless otherwise defined in the Privacy Notice, capitalized terms have the meaning given in the MSA.

Sherweb is committed to ensuring that your Personal Data as well as your privacy rights are protected. Should we ask you to provide certain Personal Data by which you can be identified when using this website, you can be assured that it will only be used in accordance with this Privacy Notice.

Sherweb may change this Privacy Notice from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

1. Scope of this Privacy Notice
2. Information That We Collect and How We Collect It
3. Information Collected from or by Third-Party Sources
4. How We Use the Personal Data That We Collect
5. Legal Basis for Processing (EEA only)
6. How we Protect Personal Data
7. Cookies and Other Tracking Technologies
8. Sharing Your Personal Data
9. National and International Transfers
10. Your Rights
11. How Long We Retain Your Personal Data
12. How to Contact Sherweb

1. Scope of this Privacy Notice

With the exception of Account Information and other information we collect in connection with your registration or authentication into our Services, this Privacy Notice does not apply to our security and privacy practices in connection with your access to and use of Sherweb Services. These security and privacy practices are detailed in and governed by our Service Data Privacy Statement and our Master Service Agreement or such other applicable agreement between you and Sherweb relating to your access to and use of such Services (collectively referred to as the “MSA”).

2. Personal Data That We Collect and How We Collect It

Account Information

Customers are asked to provide certain Personal Data when they sign up for our Services including name, address, and telephone number. Billing information is also collected directly by our payment processor for the purpose of Processing transactions when purchasing products or Services. This information is collected by a third-party application that is integrated on our website.

Other Information

We collect Personal Data that you voluntarily provide us through the website, for example when you request a free trial or demonstration, request information about our products or Services, register for a webinar, contact us, subscribe to our email newsletter, download content (e.g. whitepapers).

Cookies and Other Tracking Technologies

We and our authorized partners may use cookies and other information gathering technologies for a variety of purposes. These technologies may provide us with Personal Data, information about devices and networks you utilize to access our websites, and other information regarding your interactions with our website. For detailed information about the use of cookies and other tracking technologies on the website, please read and review the Cookies section below.

Logs

We gather certain information and store it in log files when you interact with our website. This information may include internet protocol (IP) addresses, browser type, URLs of referring/exit pages, operating system, date/time stamp, information you search for, locale and language preferences, identification numbers associated with your devices, and system configuration information. Occasionally, we connect Personal Data to information gathered in our log files as necessary to improve our website and personalize your content. In such a case, we would treat the combined information in accordance with this Privacy Notice.

Analytics

We collect analytics information when you use our website to help us improve the website and related content. We may also share anonymous data about your actions on our website with third-party service providers of analytics services.

3. Information Collected from or by Third Party Sources

Sherweb works with a payment processor for the Processing of products or Services that Sherweb Customers have subscribed to. For transactions made in Canadian dollars, American dollars, Euros, or British pounds, Sherweb uses Braintree (Paypal). The payment processor collects data related to payment, such as credit card numbers, as well as the expiration date and security code (CVC number). All payment data that you provide to complete a purchase on the Portal is collected and processed directly by the payment processor. The payment processor is committed to comply with the PCI-DSS standards (Payment Card Industry Standards) and to adopting security measures that meet industry standards. Personal Data that is processed by the payment processor is processed independently of Sherweb and is submitted based on the payment processor’s privacy policy: Braintree Privacy Statement | Braintree Payments. Sherweb does not collect nor save your payment data and as such, hence Sherweb is not responsible for how your data is processed by its third parties, who act as data controllers and are responsible for Processing it. Sherweb may obtain certain information from the payment processor, such as the last four numbers of the credit card used, the expiration date of the card used, and the email address used for your Paypal account. Sherweb may combine this information with the information that Sherweb has collected through our Portal.

Sherweb may also obtain information, including Personal Data, from third-parties. For example, when you request a free trial or software demonstration from us, when you register for a webinar or download content, or when you request information from a third-party website about our Services, similar or related services. Sherweb may also combine this information with the information that Sherweb has collected from the Portal.

4. How We Use the Personal Data That We Collect

We may use the information we collect about you (including Personal Data, to the extent applicable) for a variety of purposes, including to:

• provide, operate, maintain, improve, and promote our Services;
• enable you to access and use the Services;
• process and complete transactions, and send you related information, including purchase confirmations and invoices;
• send transactional messages, including responses to your comments, questions, and requests; provide customer service and support; and send you technical notices, updates, security alerts, and support and administrative messages;
• send promotional communications, by email or by phone, such as providing you with information about products and services, features, surveys, newsletters, offers, promotions, special offers, contests, events and other information which we think you may find interesting; and
• customize the website according to your interests
• monitor and analyze trends, usage, and activities in connection with the websites and Services and for marketing or advertising purposes;
• investigate and prevent fraudulent transactions, unauthorized access to the Services, and other illegal activities;
• personalize the website and Services, including by providing features or advertisements that match your interests and preferences; and
• for other purposes for which we obtain your consent.

The Personal Data that is collected from Customers during the registration process is used to manage the Customer’s Account. Unless otherwise agreed or in special circumstances, this data will not be communicated to third parties. However, in the case where Sherweb is a partner (as defined in the PMSA) that jointly partakes in the promotion of Services, Sherweb may provide the partner certain Personal Data, such as names, addresses, and usernames of persons who subscribe to the Services, only to the extent of such joint promotion, to allow Sherweb and the partner to evaluate the results of the promotion. In such cases, the partner may not use the Personal Data for any other purpose. Sherweb will also be able to generate global and anonymous profiles from the Personal Data provided by Customers when they register (except customers names). Explained in further detail below, Sherweb may use this aggregate and anonymous information to sell advertisements that will be displayed on our website or on other sites.

5. Legal Basis for Processing (EEA only)

If you are an individual from the European Economic Area (EEA), our legal basis for collecting and using the Personal Data will depend on the Personal Data concerned and the specific context in which we collect it. However, we will normally collect Personal Data from you only where: (a) we have your consent to do so, (b) where we need the Personal Data to perform a contract with you (e.g. to deliver the Services you have requested), or (c) where the Processing is in your or a third party’s legitimate interests (and not overridden by your data protection interests or fundamental rights and freedoms). In some cases, we may also have a legal obligation to collect Personal Data from you, or may otherwise need the Personal Data to protect your vital interests or those of another person.

Where we rely on your consent to Process the Personal Data, you have the right to withdraw or decline your consent at any time. Please note that this does not affect the lawfulness of the Processing based on consent before its withdrawal.

If we ask you to provide Personal Data to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Data is mandatory or not (as well as of the possible consequences if you do not provide your Personal Data). Similarly, if we collect and use your Personal Data in reliance on our (or a third party’s) legitimate interests which are not already described in this Notice, we will make clear to you at the relevant time what those legitimate interests are.

6. How we Protect Personal Data

We are committed to ensuring that your Personal Data is secure. In order to prevent unauthorized access or disclosure, we have put in place appropriate technical and organisational measures to safeguard and secure the Personal Data we process. We have built our website using industry-standard encryption and authentication tools to protect the security of Personal Data.

We also use technological measures such as secure routers and firewalls to help protect Personal Data. Information collected through the website is encrypted before it travels over the Internet using industry-standard technology for conducting secure online transactions. Unfortunately, because of its nature, we cannot guarantee against the loss or misuse of Personal Data transmitted over the internet.

If, despite all our efforts, a data breach does occur, we shall do everything in our power to limit the damage. We comply with applicable data protection laws, including applicable data breach notification laws.

7. Cookies and Other Tracking Technologies

When you visit our website, we use cookies to store or retrieve information on your browser. A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first party cookies. We also use third party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts.

More specifically, we use cookies and other tracking technologies for the following purposes:

• Help you in navigation on our website, improve your browsing experience and personalize content and ads;
• Help you in opening an account, service subscription, registration to our events, login, and your ability to provide feedback;
• Analyzing your use of our website and improve our content;
• Assisting with our promotional and marketing efforts (including behavioural advertising).

We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to Customer needs. We only use this information for statistical analysis purposes.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any Personal Data about you, other than the data you choose to share with us.

Below is a detailed list of the cookies we use on our website. Our website is scanned with our cookie scanning tool regularly to maintain a list as accurate as possible. We classify cookies in four (4) categories:

• Strictly Necessary Cookies
• Performance Cookies
• Functional Cookies
• Targeting Cookies

You can opt out of each cookie category (except strictly necessary cookies) by clicking on the Cookie settings button below:

Cookie Settings

Strictly Necessary Cookie

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site may not work then.

• Big-IP
• Google Tag Manager
• Microsoft.NET
• Sherweb.com
• OneTrust
• Trendemon

Performance Cookie

These cookies allow us to count visits and traffic sources, so we can measure and improve the performance of our site. They help us know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies, we will not know when you have visited our site.

• Google Analytics
• Hot Jar
• Marketo
• Sherweb.com

Functional Cookies

These cookies allow the provision of enhanced functionality and personalization, such as videos and live chats. They may be set by us or by third-party providers whose services we have added to our pages. If you do not allow these cookies, then some or all of these functionalities may not function properly.

• Digitrust
• Google
• Marketo
• Taleo

FreshChatTargeting Cookies

These cookies are set through our site by our advertising partners. They are used to gather information about your activities on our website and other sites in order to build a profile of your interests and suggest advertisements based upon your browsing activities and interests on our website or other sites. They work by uniquely identifying your browser and device. If you do not allow these cookies, you will not experience our targeted advertising across different websites.

• Google
• Facebook
• Linkedin
• Twitter
• Yahoo
• Youtube

Other Tracking Technologies

We also may use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. This information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make our Services and Websites better for our users.

We also use Google Analytics, a web analysis service provided by Google, to better understand your use of our website. Google Analytics collects information such as how often users visit the website, what pages they visit and what other sites they used prior to visiting. Google uses the data collected to track and examine the use of the website, to prepare reports on its activities and share them with other Google services. Google may use the data collected on the website to contextualize and personalize the ads of its own advertising network. Google’s ability to use and share information collected by Google Analytics about your visits to the website is restricted by the Terms of Service | Google Analytics – Google and the Google Privacy Policy. Google offers an opt-out mechanism for the web available here.

8. Sharing Your Personal Data

The section below explains the justifiable circumstances where Sherweb can communicate your Personal Data with third parties in the context of using it on its website.

We will not sell, distribute or share your Personal Data to third parties unless we have your permission, as necessary to complete any transaction or provide any product you have requested or authorised or if we are required by law to do so. We may share and disclose your Personal Data in the following limited circumstances:

Our Subsidiaries

We can disclose your Personal Data to our subsidiaries and our Affiliates for use in accordance with this Privacy Notice.

Subcontractors

Sherweb may use the services of third parties to process your Personal Data on behalf of Sherweb for the purposes identified above (“Subcontractors “). These Subcontractors have entered into written agreements with Sherweb in accordance with the applicable requirements. Sherweb maintains a list of the names and locations of all Subcontractors that process Personal Data, including a description of their processing activities, available upon request by contacting privacy@sherweb.com. Our Subcontractors are required to Process your Personal Data only in accordance with our specific instructions and the terms of this Privacy Notice and any written agreements with Sherweb. These Subcontractors may include, for example, analytics companies, providers of technical support or product feedback software, chat platform providers, email service providers and others.

Professional Advisors

Sherweb may disclose your Personal Data to professional advisors, such as lawyers, bankers, auditors and insurers, when necessary in connection with the provision of their services to Sherweb.

Compliance with the law

Sherweb may share or disclose Personal Data in order to comply with legal or regulatory requirements and to respond to legal requests, court orders and other legal proceedings.

Preserving our rights, preventing fraud and ensuring security

Sherweb may share or disclose Personal Data to protect and preserve the rights, property or safety of Sherweb or third parties, including for the enforcement of contracts or policies, or in connection with fraud investigation or prevention.

Changes related to our corporate structure

Sherweb may share or disclose Personal Data in connection with a merger, acquisition, bankruptcy, dissolution, reorganization, sale of all or part of Sherweb’s assets, its financing, acquisition of all or part of our business, transaction or similar proceeding, or steps towards such activities, for example, during a due diligence exercise.

9. National and International Transfers

We may transfer the information we collect about you to third parties that are located outside of Quebec or in countries other than the country where we originally collected it for the purposes of storage and Processing of data and operating our Services. Those countries may not have the same data protection laws as your country. However, when we transfer your information to other countries, we will protect that information as described in this Privacy Notice and take steps, where necessary, to ensure that international transfers comply with applicable laws.

The governmental authorities of these countries or territories may have access to your Personal Data through orders made in those jurisdictions and under the laws that apply there. Your Personal Data will always be protected by security measures in accordance with industry best practices.

10. Your Rights

You may withdraw your consent to the use of your Personal Data, at anytime, by submitting a request to privacy@sherweb.com.

You may choose to restrict the collection or use of your Personal Data in the following ways:

• when filling in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes;

or

• if you have previously agreed to us using your Personal Data for direct marketing purposes, you may change your mind at any time by updating your email preferences through Sherweb Email Preferences Center.

You may request details of Personal Data which we hold about you by submitting a Data Subject Request. If you believe that any Personal Data we are holding on you is incorrect or incomplete, you can also submit a Data Subject Request and we will promptly correct any Personal Data found to be incorrect.

For any request relating to the Processing of Personal Data relating to transactions and payments, we invite you to contact our payment processor directly by consulting their “Your rights” section of their privacy policy: Braintree Privacy Statement | Braintree Payments.

Cookies

For information on how to opt out of each cookie category (except strictly necessary cookies), please refer to the Cookie Section of this Privacy Notice.

California Residents

If you are a California resident, you have specific rights under the California Consumer Privacy Act (CCPA). These rights may include: the right to request access to your Personal Data we hold about you, which includes the right to request specific pieces of Personal Data; the rights to deletion of your Personal Data from our systems; and the right to opt-out of the sale of your Personal Data. You can exercise your rights by submitting a Data Subject Request.

How to Submit a Data Subject Request to exercise Your Privacy Rights

We have implemented a web form allowing you to exercise your data subject rights under applicable privacy laws. You can use this web form to submit a request regarding your Personal Data that is processed by Sherweb:

Manage

11. How Long We Retain Your Personal Data

We will not retain your Personal Data longer than necessary to fulfill the purposes outlined in this Privacy Notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). How long we retain your Personal Data depends on the type of data and the purpose for which we process your data. If we have no ongoing legitimate business need to Process your Personal Data, we will either delete or anonymize it, or, if this is not possible (for example, because your Personal Data has been stored in backup archives), then we will securely store your Personal Data and isolate it from any further processing until deletion is possible.

12. How to Contact Sherweb

Sherweb Inc. has appointed Peter Cassar from our Sherbrooke office as Privacy Officer, to oversee compliance with this Privacy Policy and applicable privacy laws. If you have any questions about Sherweb’s Privacy Policy, its commitments or practices, please contact us by email at: privacy@sherweb.com, or at our mailing address below:

95 South Jacques-Cartier Blvd, Suite 400
Sherbooke (QC) Canada
J1J 2Z3