Effective Date: August 10, 2021
1. Introduction
This privacy policy (“Privacy Policy”) applies to Mercer-MacKay Solutions Inc. and its subscription services such as daXai and/or any of its current or future subsidiaries and affiliates (together “MMS”, “we,” or “us”). Please read this Privacy Policy to learn how we collect, use, share, and otherwise process information relating to individuals, and to learn about your rights and choices.
Our Commitment
We are committed to maintaining the privacy and security of any information about an individual from which that person can be identified. This means your personally identifiable information (“Personal Information”). As part of this commitment, our Privacy Policy governs our actions as they relate to the collection, use and disclosure of your Personal Information. Whether you are using one of our services as a client, potential client, or just visiting our website, we want you to trust us with managing and protecting the Personal Information that you provide to us.
We are the “controller” of your Personal Information under applicable privacy laws. We are not however responsible for the privacy or data security practices of our clients. If you receive from us or our partners any services through which (i) you create and add content or applications to your websites, blogs and other digital media, (ii) you develop and execute marketing campaigns and related applications, (iii) you send electronic communications to individuals and process the resulting Personal Information; or (iv) you otherwise collect, use, share or process Personal Information using your own, or our cloud products and services or those of our partners. In all these type of situations, you are the controller of the Personal Information and you are solely responsible for compliance with applicable privacy laws.
Your Consent
By using any of our website or services, filling out any form on our website, registering for events, signing up for our mail list(s), subscribing for services, or otherwise providing us with Personal Information, you consent to our collection and use of the Personal Information so that we may answer your questions, provide you with the services which you have requested, offer you customized or additional services, and for other purposes as set forth in this Privacy Policy.
2. Who we are and how can you contact us
Mercer- MacKay Solutions Inc.
82 Laird Dr, Unit 136
Toronto, ON
M4G 3V1
privacy@mmsdevsite.wpengine.com
3. Information we may collect from you
We collect Personal Information from you when you voluntarily provide the Personal Information to us. We may also obtain Personal Information about you in the course of our legitimate business activities.
When you use our website or services and choose voluntarily to provide us with your information, we may collect and process the following information:
Identity Data – including full name, username or any similar identifier, title, date of birth and gender and any other information you may provide in your sole discretion.
Contact Data – including email address, telephone numbers, physical mailing address.
Usage Data – includes information about how you use our website and services. Such data might include the time and date of accessing and using our website or services, the pages viewed on our website, and other data concerning the way you use our website and services.
Technical Data – includes the internet protocol (IP) address through which you have connected, the internet service provider, the device you are using, browser type and version, screen resolution, domain name, the referring URL, time zone setting and location, browser plug-in types and versions, operating system.
Marketing and Communications Data – includes your preferences in receiving marketing information from us and our third party partners and your communication preferences.
We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from your Personal Information but does not reveal your identity.
4. How is your Personal Information Collected
We use different methods to collect data from and about you, including through:
Direct interactions – You may give us your Identity, Contact and Financial Data by filling in forms (e.g. “Contact Us” or “Newsletter Subscription”, etc.) or by corresponding with us by phone, email or otherwise.
Automated technologies or interactions – As you interact with our website or any other system operated by us, we may automatically collect Personal Information (please refer to the description below, under “Cookies Usage”).
Third parties or publicly available sources – We may receive Personal Information about you from various third parties and public sources, e.g.: advertising and social networks, analytics providers, search information providers.
5. Cookies Usage
Like many other websites, our website uses cookies to improve your experience while you navigate through the website and to help us analyze and understand your usage.
The data collected by the use of Cookies may be linked to and combined with any other data, including Personal Information.
Managing cookies and opting out: you can always opt-out from Cookies and configure your browser to reject all Cookies or notify you when a Cookie is set. But sometimes in that case, certain services, features, and functionality on our website may not be available to you.
6. The Legal Basis for the usage of your Personal Information
We will only process and use your Personal Information to the extent permitted by law. Examples include: to respond to your requests, to present content tailored to your interests, to fulfill our obligations arising from any contracts entered between you and us, and to comply with the responsibilities we have to our regulators, tax officials, law enforcement, or otherwise to meet our legal responsibilities;
7. Disclosure & Transfer of Personal Information
We are not in the business of selling your Personal Information. However, we may disclose your Personal Information to third parties in a variety of circumstances in the ordinary course of operating our business. In any such disclosure, we will take steps to make sure such transfer is carefully managed to protect your privacy rights.
We contract with a select group of third-party processors, sub-contractors and service providers to allow them to carry out their services for MMS. Disclosures to any third parties will be subject to contractual terms ensuring the security and protection of any Personal Information in accordance with applicable law. Third-party service providers include: a) software and technology providers, computer programmers, b) independent writers and marketing agencies, c) website and b2b sales analytics providers, d) customer relationship management, database vendors, data hygiene vendors, survey vendors, e) customer billing systems partners, f) login authentication providers, g) social media platforms for advertising and marketing purposes, h) auditing, debugging and security vendors.
Please take note of the following exceptional situations: MMS may be required to disclose information to third parties when obligated to do so by law and in order to investigate, prevent, or take action regarding suspected, or actual prohibited activities, or when we believe in good faith that disclosure is necessary to protect our rights, including but not limited to fraud and situations involving potential threats to the physical safety of any person. Any requests for information we receive from law enforcement or regulators will be carefully validated before the disclosure of any Personal Information.
In the event that MMS sells, merges or transfers all or part of its business, we may transfer Personal Information to a third party as part of that transaction.
8. Links to other sites
Our website may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of the website you visit.
9. How we secure your information
We are committed to protecting the security of your Personal Information. We use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access and use. However, the collection, transmission and storage of information can never be guaranteed to be completely secure. We do however take steps to have appropriate security safeguards in place to protect your information, and we will continue to revise our policies and implement additional security features as may be needed.
10. Retaining your information in our systems
We will only retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. We have defined data retention periods for any data item in our systems, ensuring the minimization of retention periods.
In some circumstances, we may anonymize your Personal Information (so that it can no longer be associated with you) for research or statistical purposes in which case we may save and use this information indefinitely without further notice to you.
11. Data Subjects’ rights under data protection laws
Right to access your Personal Information – you can ask us to confirm whether or not we have and use your Personal Information, and if so, you can ask for a copy of it. You may verify the accuracy and completeness of your Personal Information;
Right to correct your Personal Information – you can ask us to correct any of your Personal Information which is incorrect or out of date;
Right to erase your Personal Information – you can ask us to erase your Personal Information if you think we no longer need to use it for the purpose for which it was collected. Any request for such erasure will be subject to our obligations under the law (e.g., our obligation to keep some records for tax purposes);
Right to restrict our use in your Personal Information – you can ask us to restrict our use of your Personal Information in certain circumstances;
Right to object to how we use your Personal Information – you can object to any use of your Personal Information if you believe your fundamental rights and freedoms to data protection outweigh our legitimate interest in using the information. You can always require us to refrain from using your data for direct marketing purposes. You can ask us to transfer your information to another organization and/or provide you with a copy of your Personal Information.
We may not always be able to do what you have asked, for example, if it would impact the duty of confidentiality we owe to others, or if we are otherwise legally obligated or legally entitled to deal with the request in a different way. However, we encourage you to contact us with any such request, and we will be happy to assist you.
You have the right to make a complaint at any time to the relevant supervisory authority for data protection issues. We would however appreciate the chance to deal with your concerns before you approach the authorities, so please feel free to contact us in the first instance.
12. Limitation of Liability
IN NO EVENT SHALL MMS, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, , AGENTS, REPRESENTATIVES, AFFILIATES AND ANYONE ON ITS BEHALF (“MMS ASSIGNEES”), BE LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM THE USE OF PERSONAL INFORMATION BY MMS OR ANY OF ITS ASSIGNEES OR THE BREACH BY MMS OR ANY OF ITS ASSIGNEES OF ANY OF THE UNDERTAKINGS HEREIN, WHETHER BASED ON CONTRACT (INCLUDING BUT NOT LIMITED TO FUNDAMENTAL BREACH), TORT OR DELICT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR MISREPRSENTATION), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MMS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, MMS OR ANY OF ITS ASSIGNEES IS FOUND LIABLE FOR DAMAGES OF ANY KIND IN CONNECTION WITH THE PERSONAL INFORMATION AND/OR THIS PRIVACY POLICY, IN NO EVENT SHALL SUCH LIABILITY EXCEED A TOTAL OF $1,000 IN USA CURRENCY.
13. Changes to this Privacy Policy
We reserve the right to change this Privacy Policy from time to time in our sole discretion. If we make any changes, we will post those changes here so that you can see what information we gather, how we might use that information and in what circumstances we may disclose it. By continuing to use our site or our services or otherwise provide data after we post any such changes, you accept and agree to this Privacy Policy as modified.