Last update : 2024-11-25
GPHY Inc., and its affiliates, subsidiaries, and related entities, ("GPHY",“we”, “us”, "our") take your privacy and the protection of your Personal Information (as defined below) seriously. GPHY is committed to protecting your privacy and maintaining the confidentiality of yourPersonal Information, which is why we have implemented a privacy protection program based on best practices and appointed a privacy officer. This Privacy Policy (the "Policy") describes our privacy practices, the types of Personal Information we may receive or collect from you and how we use, disclose, store and secure it, so that you can make informed choices.
This Policy applies to websites, the various services and tools that we offer (the “Services”) and other interactions that you may have with us (e.g., inquiries, support service, etc.)(taken together, our "Platforms"). In addition, a separate agreement governs the access, and use of the different Services we offer, (the“MSA”), including the processing of any data submitted through the Services.The entity, whether it is your employer or another entity or person, that agreed to the MSA is a "Customer” and controls its instance of the Services and any associated data provided through it.
However, we wish to draw your attention to the fact that the rights and obligations described in this Policy do not cover third-party websites that may be linked to or mentioned on our Platforms. These third-party websites have their own privacy policies, and we encourage you to read them carefully.
We ask that you read this Policy carefully to understand our policies and practices regarding the collection, processing and storage of Personal Information, or any other information in order to give us your informed consent where appropriate. If you do not consent to this Policy, then you may not use the Platforms.
Furthermore, in order to protect yourPersonal Information, we have put in place policies, practices and procedures relating to the management of the Personal Information we hold.
These internal policies and procedures govern the collection, use, disclosure, retention and destruction of personal information, as well as complaint handling, information security and data governance at GPHY. They also provide the framework for the implementation ofPrivacy Impact Assessments (as defined in applicable laws), where required, as well as the prevention of and response to potential privacy incidents. All these policies and practices have been approved by our Privacy Officer (as defined below).
For the Purposes (as defined below) of this Policy, "Personal Information" means any information about an identifiable individual, including information that can be used alone (directly or indirectly) or in combination with other information to identify, contact or locate a single individual.
The Personal Information we collect may include, but is not limited to:
GPHY needs to collect and process some of your Personal Information in order for you to use our Platforms. When we collect your Personal Information, we ensure that we collect only the information necessary to fulfill one of our Purposes, which has been previously disclosed to you, for example, in this Policy. We use PersonalInformation in accordance with the privacy laws applicable to our business.
As a general rule and as required by applicable privacy laws, we collect the Personal Information we need directly from you, on the basis of your voluntary consent, for example when you fill in the Platforms registration form, when you communicate with us or when you use the Platforms. For more information about the collection of information through cookies, we invite you to read the section "How do we use cookies?".
We collect your Personal Information with your consent, unless applicable law provides an exception to this principle (for example, to comply with our legal obligations, when necessary to establish, exercise or defend a legal claim or proceeding).
As permitted by applicable privacy laws, GPHY may collect Personal Information without your express consent, for example, to comply with obligations under applicable laws, to provide you with the Services or to fulfill our agreements.
You have the right, if you wish, to refuse the processing of yourPersonal Information. You may also, at any time, and subject to reasonable notice and any applicable legal or contractual restrictions, withdraw your consent (if any) to the processing of your Personal Information in our possession by contacting us. You should be aware, however, that if you choose not to provide us with your Personal Information, this may prevent you, for example, from using the Platforms, as some of this information is essential to such use. You can contact us as indicated in the "How to contact us" section for any questions relating to this subject.
GPHY generally collects your Personal Information for the purposeslisted below (collectively, the "Purposes").
We collect and use your Personal Information to enable you to access thePlatforms and Services, including the information, services or reports to which you request access. Specifically, we use your Personal Information to:
We may use your Personal Information for purposes relating to our business and the proper management of our administration. As a general principle, we use Personal Information based on our legitimate interests in operating our Services, Platforms, and business. Specifically, we may use your Personal Information as follows:
We may use your Personal Information to respond to your requests for assistance, support or information in connection with the Platforms or our services. Specifically, we may use your Personal Information as follows:
We may use your Personal Information for study, research, marketing and statistical purposes, including to improve the Platforms, our products or services, our marketing or our customer relationships and experiences. Specifically, we may use your Personal Information as follows:
We may use your Personal Information as required by applicable law, legal process, or regulation or to ensure that we can comply with any legal requests under applicable law or regulation, which includes, but is not limited to:
We may use your Personal Information to communicate with you in several ways (sending newsletters, e-mail messages, chat messages, support tickets, news, updates, written communications, etc.) (collectively, the "Messages"),including:
You may choose not to receive Messages in the manner indicated in the "Contact Us" section or through the unsubscribe link included in Messages. However, GPHY may continue to send you Messages to critical technical issues related to the Platforms, or to provide you with important account information (as applicable).
With your express consent, we may use your Personal Information for any other purpose consistent with the purpose of the Platforms. If we wish to use your Personal Information for a purpose not mentioned above and for which you have not consented, we will ensure that we seek appropriate consent from you or inform you of the change, where permitted by law.
Specifically, you understand that as part of the operation of the Platforms, we develop and use technologies based on artificial intelligence (“AI”). This enables us to:
You understand that some of these artificial intelligence-based technologies may make automatic decisions based exclusively on automated processing, such as determining the most important words in your request based on context, review the information and document provided to determine their importance, adjust the suggested solution based on your feedback or otherwise make recommendations about legal information based on the information, questions and exchanges you also had with the system.
On request, we can specify for each case:
For decisions based exclusively on automated processed (if any), you have specific rights in addition to those otherwise available regarding your Personal Information:
1) You have the right to access, rectify or contest all such decisions by contacting us as provided in the Privacy Policy.
2) If you object to such a decision, you may also contact us as provided in the Privacy Policy to have it reviewed.
For clarity, and as mentioned above, the exchanges that you may have with our AI systems and the results of those exchanges may be used to improve our AI models or create new ones.
Your Personal Information will not be sold to third parties.
We share your Personal Information with third parties to (i) fulfill our Purposes, (ii) respond to requirements or requests made under applicable laws, (iii) perform tasks contracted to us by our customers. GPHY may also share Personal Information with its corporate affiliates, parents, and/or subsidiaries.
Sometimes applicable laws also allow us to share your Personal Information with third parties without your consent, in specific cases.
Specifically, we may need to share your Personal Information, sometimes without your consent:
In the course of their work, our employees may need to access your Personal Information, for example, when you contact us or request assistance. Their access is limited to what is necessary for the performance of their duties.
GPHY may share your Personal Information with its service providers and partners to enable the provision of the Platforms, such as hosting service providers, authentication service providers, automated text analysis service providers or cybersecurity service providers.
Our service providers may have access to your Personal Information for a limited time in connection with these activities. Where GPHY uses third parties to process any Personal Information, we implement reasonable contractual and technical safeguards, including Privacy Impact Assessments, to ensure that these third parties keep all Personal Information they process strictly confidential.
Your account and the relevant information it contains, as well as Personal Information analyzed by the Platforms may be accessed by your employer(our Customer), where necessary for the purposes of its management of theServices functions or through its use of the Platforms.
We may also share your Personal Information if required to do so by law or in the good faith belief that such action is necessary to: (i) comply with the law; (ii) comply with an order of a competent judicial authority in any jurisdiction; (iii) comply with legal process served on GPHY; (iv) protect and defend the rights or property of GPHY ; (v) enforce or verify your compliance with any agreement you have entered into with GPHY, if any; (vi) prevent fraud or other illegal activity perpetrated through the Platforms; or (vii) act in urgent circumstances to protect the personal safety of users of the Platforms or the general public.
We may need to share your Personal Information without your consent in the event of a merger, acquisition or sale of all or part of the business, for example, as part of a due diligence review. In such a case, we limit sharing to what is necessary to assess the feasibility or advisability of the transaction.
Where you have expressly consented, your Personal Information may be shared with other third parties. For example, there may be specific cases where additional conditions apply and through these, we make it clear that specific third parties are processing your Personal Information.
We may sometimes include links on the Platforms to third-party sites or services that we do not control. If you click on one of these links, you will be directed to sites that we do not control. Please read the privacy policies of those sites, applications or Platforms that may collect Personal Information to understand their privacy policies and Personal Information collection practices.
Depending on the Platforms you use, here's where your personal information is hosted.
End Users are individuals who interact directly with the elia platform in order to exploit its functionalities in the course of their professional activities. Their Personal Information and the data related to their use of elia are hosted in the country where they are located (Canada or the United States).
Website Visitors are individuals who explore our websites without necessarily actively engaging with our Services. Website Visitors' Personal Information is hosted in Canada, the United States or elsewhere in the world.
Interlocutors for Sales and Support establish a direct link with our sales and customer support teams. They can ask questions about our offers, request demos, or seek to resolve problems related to the use of the platform. This group includes both qualified prospects and existing customers seeking support. The Personal Information of Interlocutors for Sales and Support is hosted in Canada or the United States.
Our business partners and service providers may be located in Canada, in the United States or elsewhere in the world. For Personal Information gathered through the Services, please refer to the applicable MSA for more information as to where your Personal Information is stored. Please be aware that we have contractual agreements with these third parties and suppliers to ensure that your Personal Information is handled in accordance with the laws applicable tous. Where required by applicable law or where considered relevant by us to ensure the safety of Personal Information, we conduct Privacy Impact Assessments prior to any transfer of Personal Information to another jurisdiction.
We endeavour to limit access to Personal Information by such third parties to that which is necessary to perform the tasks entrusted to them.Please be aware that we also strive to establish contractual agreements with these agents and service providers to ensure the confidentiality and security of your Personal Information. This may include the implementation of robust and effective security measures.
In addition, GPHY will ensure that your Personal Information is adequately protected by appropriate technical, organizational or other legal means. If you would like more information about these security measures, please contact us as indicated in the "How to contact us"section.
Personal Information will be retained only as long as necessary for the fulfillment of the Purposes, in accordance with our internal document retention policies, to comply with applicable legal, tax or regulatory requirements, or until you request us to destroy it. At the end of this period, we will destroy, delete or anonymize such Personal Information securely in accordance with relevant legal, regulatory and contractual requirements.
In determining the appropriate retention period for your PersonalInformation, we take into account the amount, nature and sensitivity of thePersonal Information, the potential risk of harm arising from unauthorized use or disclosure of your Personal Information, the Purposes for which we process your Personal Information and the possibility of achieving those Purposes by other means, as well as applicable legal, regulatory, tax, accounting or other requirements.
If you wish us to delete the Personal Information, we hold about you through the Platforms, we may have to notify our Customer who will be given ten(10) days to register the Personal Information required to maintain a complete and compliant file. We might also need to refuse your request according to our policies and applicable laws. If you would like more information, please contact us.
If you wish to obtain more information on this subject or otherwise request the deletion of your Personal Information under this Policy, we invite you to contact us.
Security is critical to GPHY’s mission, and we take security of data seriously. GPHY uses industry-standard technical and organizational measures based on international standard ISO27000:2022 to protect Information from loss, misuse, and unauthorized access or disclosure. GPHY obtained ISO27001:2022certification in October 2024.
As such, GPHY has implemented security measures to protect your PersonalInformation. The standard security measures we use depend on the type of information collected. However, GPHY uses electronic, physical and procedural safeguards to protect your Personal Information. We encourage you to use caution when using the Internet, including not sharing your login or password.
Your Personal Information is hosted by our service providers who are committed to using industry-standard security measures to preserve the integrity and confidentiality of your Personal Information.
Our employees and suppliers are informed of the confidential nature of the Personal Information collected and are made aware of the appropriate security measures to prevent unauthorized access to Personal Information.
We maintain our Services, Platforms and all associated data with technical, administrative and physical safeguards to protect you against loss, unauthorized access, destruction, misuse, alteration and improper disclosure of your Personal Information. These safeguards vary according to the sensitivity of the data in our possession and are based on the best industry standards.Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure.
If you have any questions about the security of your interaction with us (if, for example, you believe that the security of any account you may have with us has been compromised), or if you believe that an unauthorized account has been created using your name, please contact us as described in the "How to ContactUs" section.
To the extent allowed by applicable law, GPHY does not allow use of our Platforms, including our Services, by anyone younger than 16 years old. If we learn that anyone younger than 16 has unlawfully provided Personal Information, we will take steps to delete such Personal information.
If a parent or guardian discovers that his or her minor child has provided us with Personal Information without having obtained the appropriate consent, such parent or guardian has the right, upon request, to inspect thePersonal Information provided by the child and/or to require that it be deleted from our files. In this case, we ask the child's parent or guardian to contact us at the coordinates indicated in the section "How to contact us".
A cookie is a small text file that is stored in a dedicated location on your computer, mobile device, tablet or other device when you use your browser to visit an online service. Other tracking technologies, such as web beacons, tracking pixels, or tokens, may be used for similar purposes. In this Policy, all such tracking technologies are collectively referred to as "Cookie(s)". Any Personal Information collected using Cookies by or on behalf of GPHY (if applicable) is treated with the same level of confidentiality as any other Personal Information held by GPHY.
These Cookies are necessary for the operation of the Platforms and provide basic functions and may include connecting to our Platforms, maintaining your session and preventing security threats. We cannot disable these Cookies in our systems without affecting the operation of the Platforms.However, if you wish, you can block or delete them by changing your browser settings and forcing all Cookies on the Platforms to be blocked.
Non-essential Cookies provide certain non-essential functionalities on our Platforms, for functional, analytical or advertising purposes. We will ask for your consent before using these Cookies.
With the exception of strictly necessary Cookies, we will only place Cookies on your device with your consent, and these Cookies will be retained for a maximum period of thirteen (13) months from the time they are installed on your device. At the end of this period, your consent will again be required. You can also manage your Cookies by changing the settings on your browser or device. For details on how to configure your browser, please consult the help center for Chrome, Safari, Firefox, InternetExplorer, Edge or Opera. However, if you choose to refuse Cookies, certain pages or sections of our Platforms may not be displayed correctly or certain functionalities may no longer be available.
You may review, correct, update, modify or delete the PersonalInformation you have provided to us using your account. Simply contact us and we will assist you.
You can also exercise your rights listed above by sending a written request to our Privacy Officer. He or she will be happy to assist you in anyway he or she can.
For your protection, we will only process requests to exercise your rights from the same e-mail address you use to log in to your account. We may also need to verify your identity before processing your request. Depending on the applicable laws, we will inform you of the procedure to follow, the processing time and the information required, if any. We aim to respond to requests promptly, usually within thirty (30) days.
Depending on your situation, it is important that the PersonalInformation we hold about you is accurate and up-to-date. Please keep us informed of any changes to your Personal Information. By law, you have the right to request access to and correction of the Personal Information we hold about you.
You may view and modify Personal Information by contacting us. If you wish to consult, verify, correct or withdraw your consent to the use of your Personal Information, you may do so by contacting us as provided in the Policy.
We may ask you for specific information to help us confirm your identity and right of access, and to provide you with the Personal Information we hold about you or to make the changes you request. Applicable law may permit or require us to refuse to provide you with access to some or all of the Personal Information we hold about you, or we may have destroyed, erased or made anonymous your Personal Information in accordance with our record-keeping obligations and practices. If we are unable to provide you with access to your Personal Information, we will inform you of the reasons why, subject to any legal or regulatory restrictions such as:
We may not accede to a request to amend information if we believe that the amendment would violate a law or legal requirement or would render the information incorrect. If you are concerned about our response or wish to correct the information provided, you may contact us as provided in this Policy.
Where you have given your consent to the collection, use and disclosure of your Personal Information, you may have the legal right to withdraw your consent in certain circumstances. To withdraw your consent, if applicable, contact us as set out in this Policy. Please note that if you withdraw your consent, we may not be able to provide you with a particular product or service and/or you may no longer be able to access the Platforms. We will explain the consequences at that time to assist you in your decision.
The right to de-index allows you to request that GPHY cease disseminating your Personal Information or de-index any hyperlink attached to your name providing access to Personal Information if such dissemination causes you harm or contravenes the law or a court order.
Depending on applicable laws to you, you may request that GPHY provide you with computerized Personal Information in its possession in the form of an intelligible written transcript in a structured and commonly used technological format. Alternatively, you may simply ask GPHY to confirm the existence of your Personal Information. You may request that such Personal Information be disclosed to any person or organization authorized by law to collect such information.
GPHY will only send you the Personal Information it has collected from you and may exclude certain Personal Information under applicable law (such asPersonal Information it has created or inferred about you). GPHY also reserves the right to refuse any such request if it raises serious difficulties under applicable law.
Depending on applicable law, you may have other rights with respect to your Personal Information that are not otherwise listed above. This may include:
We invite you to write to us with this request and to provide us with the relevant information about that right to enable us to assess its implementation. To exercise any of your rights (to the extent that they are available), please contact us as indicated in the "How to contact us"section. You may file a complaint with Privacy Officer of GPHY if you are dissatisfied with our handling of your Personal Information or compliance with this Policy. You are also entitled by law to lodge a complaint with a privacy commissioner or any other competent supervisory authority for the protection of personal information.
The Information you provide may be used by GPHY for marketing purposes, including, but not limited to, one-time promotional e-mails, direct mailings and business contacts. We offer you several choices regarding our use and disclosure of your Personal Information with respect to marketing, Cookies or online advertising. You may opt-out:
In certain jurisdictions, applicable laws differentiate between the “controller” and“processor” of Personal Information. In general, Customer is the controller of any Personal Information provided through the Services and GPHY is the processor of such Personal Information. In general, GPHY is the processor and controller of any other Personal Information directly collected through the Platforms.
Our senior executives have delegated the management of the privacy program to the Privacy Officer. His/her duties consist of managing and monitoring GPHY's internal personal information management program. It is the Privacy Officer who approves and implements privacy policies and procedures, ensures their proper functioning and reports to GPHY senior management on the effectiveness of the program. It is also the responsibility of the Privacy Officer to provide you with the necessary support in the event of a question, complaint or request relating to the protection of Personal Information. If you have any questions about any aspect of this Policy, wish to send a comment, lodge a complaint or exercise any of the rights available to you under applicable law, please do so by using the "GPHY App Support" link on the Platforms, where available, or please contact our Privacy Officer as follows:
Privacy Officer : Pier-Etienne Lehoux
Address: 290-2327 Boulevard du Versant-Nord, Quebec, QC, Canada, G1N 4C2
E-mail: pier-etienne.lehoux@gphy.ca
Your request may be granted or denied by GPHY in accordance with applicable laws. GPHY will take prompt corrective action upon becoming aware of any breach of this Policy. GPHY shall not be liable for any indirect, incidental, consequential or punitive damages related to this Policy. You may at any time file a complaint with the appropriate authority if you believe that GPHY is not handling your Personal Information in a manner consistent with this Policy or applicable law. If you have any questions about your personal file on the Platforms or about matters relating to your contractual working relationship with your employer, such as your name, address, telephone number, please contact your employer directly. If you have any questions regarding a technical problem with the Platforms or your access to or use of its functions, please contact us at the following address: support@elia.io
We revise the Policy annually to comply with applicable laws and our operations. If we update this Policy in a material way, we will notify you by sending you a notice either on our Platforms or by e-mail. However, in all other circumstances, the posting of a new version of the Policy on our Platforms or your continued use of the Platforms will suffice as notice and consent to the Policy changes.