Last Updated January 12, 2023

Your privacy is important to us. We are committed to protecting and ensuring the confidentiality of any Personal Information you provide to us.

This Privacy Policy (“Privacy Policy”) addresses how Climb Onsight, Inc. and its affiliates (“we,” “our,” “COMPANY”) handles information we gather from third parties including, but not limited to, visitors to www.climbonsight.ca (the “website”) and users of the COMPANY Services (“Users”). This Privacy Policy describes the ways we collect, use and share Personal Information. Our Privacy Policy applies whenever you visit our website or use the Services.

Please read this Privacy Policy carefully.  By using our website, or otherwise providing us with your Personal Information, you are hereby consenting to COMPANY’s collection, use, and disclosure of your Personal Information in accordance with this Privacy Policy.

If you do not consent to the practices described in this Privacy Policy, you may not continue to use our website.

For the purposes of this Privacy Policy,

“Personal Information” means any information that relates to you and either identifies you directly or could be used to identify you with other information available. It includes your name, user ID, email address, phone number, mailing address and payment account number. It does not include data where the information that identifies you has been removed, such as pseudonymised or anonymous data.

“Services” means COMPANY’s free hosting, tools and support and paid hosting, tools, and support for Users. They do not include User content or content made available to Users by any third party on the User interface or in conjunction with the Services.

Questions regarding this statement should be emailed to our Chief Executive Officer at support@climbonsight.ca or mailed to 1655 Dupont Street, Suite 101, Toronto, Ontario M6P3T1. You may also call us at (437) 428-3455 and ask for Shaun Rosenthal.

Not Intended for Children

COMPANY’s website and Services are not intended for children under the age of 17. We do not knowingly collect data relating to children. If you are under the age of 17, do not use or provide information on this website.

We also do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us at support@climbonsight.ca. If we become aware that we have collected Personal Information from a child under age 13 without verification of parental consent, we take steps to remove that information from our servers.

Highlights

We Collect a variety of Personal Information from visitors and Users, depending on how they interact with our website or Services. This includes:

• Registration and billing information submitted by Users (e.g., name, email address, phone number, and address);
• Log data collected automatically on the COMPANY website;
• Information collected via cookies on the COMPANY website;
• Information submitted by Users when completing surveys or providing feedback; and
• User data collected through User engagement with our Services; and

We Use this information for the following purposes,

• Providing our Services and service communications;
• Data management and support for our Users;
• Processing orders and managing Users’ accounts;
• Improvements to our Services, website, and marketing strategies;
• Sending out marketing and promotional materials in accordance with your preferences;
• Billing coordination; and
• As otherwise permitted or required by law.

We Share Personal Information with the following entities as necessary to provide the Services.

• Credit card processors to manage payment processing;
• Third party service providers, including guiding companies and vendors, only as necessary to assist in providing certain components of our Services, and only with contractual requirements in place to protect the Personal Information and handle it only in accordance with this Privacy Policy;
• Group companies, such as affiliates and subsidiaries, to assist in providing the Services;
• Potential acquirers of COMPANY’s business, to evaluate or carry out a business transaction;
• Other entities as permitted or required by law.

We Protect your Personal Information with industry-standard administrative, technical, organizational, and physical security measures. These measures include a web application firewall, encryption, and limiting storage of financial information to a PCI compliant third-party provider.

However, perfect security does not exist, and we cannot guarantee the absolute security of your Personal Information. Some Personal Information may be transferred to, and processed in, countries outside of Canada, and accordingly, may be accessible to courts, law enforcement and national security authorities of those countries.

Agreement to Terms by Using this Website

Please read this Privacy Policy so that you are aware of how and why we use your Personal Information. When you use this website, you are agreeing to the terms of this Privacy Policy.

This Privacy Policy may change from time to time, as reflected in the revision date above, to reflect changing legal, regulatory or operational requirements. COMPANY will provide notification of material changes to this Privacy Policy through the website at least thirty (30) business days prior to the change taking effect. Where appropriate, we may also email Users who have opted to receive communications from us notifying them of changes to this Privacy Policy. If we are required by applicable data protection laws to obtain your consent to any material changes to this Privacy Policy, then we will do so before such changes take effect.

Your continued use of this website after we make changes constitutes deemed acceptance of these terms.

Third Party Links

This website may contain links to third party websites, plug-ins and applications. Clicking 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, plug-ins and applications and are not responsible for their privacy statements and practices. When you leave our website, we encourage you to read the privacy policy of every website you visit.

How we Collect and Use Your Data

Information Gathered

We may collect, store, use and transfer different kinds of Personal Information about you, as described below:

Registration and Billing Information. You may provide us with your contact information such as name, signature, email address and company name and, when applicable, billing information such as billing address and a debit/credit card number, or bank account number, and order form information when you register for an account or purchase our Services. We may also ask visitors or Users for additional Personal Information such as their professional background, technical expertise and plans for using the Services. Users and visitors can choose not to provide this additional information by not entering it when asked or by contacting us directly through one of the means noted in the introduction above.

Log Data and Activity Tracking: COMPANY collects certain information automatically from visitors and Users of the Services, such as internet protocol (IP) addresses and associated geolocation data, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, browser types, referring domains, timestamps (time a page was accessed as well as time spent on each web page), as well as the specific pages the visitor has requested.

Cookies. Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and transferred to your device. We use a mix of first-party and third-party cookies to collect information in order to improve our services for you. For instance, we use cookies to keep you logged-in, understand your language preferences and location, and understand how you use our website, including content you viewed, the links you followed and information about your browser, device, and your IP address. We currently do not share the cookies we collect with advertising partners. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provides information on how to accept cookies, disable cookies or to notify you when receiving a new cookie. If you do not accept cookies, you may not be able to use some features of our Service and we recommend that you leave them turned on.

User Data: We store and process User data in the context of providing the Services, which may include login data, browser type and version, location, operating system, and similar information, as well as User content uploaded to or created on the Services, and any Personal Information inadvertently provided to COMPANY through use of the Services (such as if Users upload Personal Information to Users’ sandbox sites or Git-based environments).

Marketing and Communications: We collect, store, and process information that you provide to us when you communicate with us, including when you email us, call us, or use the chat feature on our website. We also store and process your preferences in receiving marketing materials from us and your communication preferences. In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service’s functionality.

Other. We also collect and use certain aggregate data, which has been anonymized, such as statistical data regarding use of our Services, for lawful purposes. For example, we may aggregate data to calculate the percentage of Users accessing specific website features. As noted above, this type of data is not considered “Personal Information” subject to privacy laws because it cannot be used to identify a particular person.

We avoid collecting any of the following sensitive categories of Personal Information about you: information regarding your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, health, genetic or biometric data.

Information Use

We will only use your Personal Information when the law allows us to and as described below

Providing COMPANY’s Services and Services Communications. Users of COMPANY’s Services have a more specific relationship with us. User registration information may be used to share updates regarding the Services and for announcements, feedback requests, security updates, support, and other products and services communications and promotions made available by COMPANY.

Data Management and Support. COMPANY stores and processes User content only on behalf of, and as instructed by, its Users. However, User content may be viewed or accessed by COMPANY for the purpose of resolving a problem or support issue. Users are responsible for maintaining the confidentiality and security of their user registration and password.

Improvements. We also use visitor and User Personal Information to help deliver a better experience (for example, by displaying personalized content to you based on your interactions with the website), to diagnose technical problems, to support marketing activities and so that we may better administer and improve the quality of both the website and the Services.

Marketing and Promotion. COMPANY uses the information listed in the section above to contact Users and visitors to further discuss their interest in the website and the Services, or to send Users and visitors information regarding COMPANY or its partners, such as information about new features, promotions and events. Any such communications will be sent in accordance with Users’ and visitors’ marketing preferences and consent choices. We may also email Users with service-related information concerning the Services or the website to the extent allowed by law and in light of the commercial relationship between us. You may opt out of receiving marketing materials at any time by logging into the website and adjusting your marketing preferences or following the unsubscribe instructions included in each marketing communication.

Billing Coordination. All financial and billing information collected through the website is used solely to check the qualifications of prospective Users and to bill for the Services. This billing information is not used by COMPANY for marketing or promotional purposes.

To Enforce Compliance with Our Policies. COMPANY may access User Data and certain visitor information if necessary to investigate a suspected violation of the Terms of Use and/or Acceptable Use Policy for the Services.

To Maintain Legal or Regulatory Compliance. Our Services are subject to certain laws and regulations which may require us to use your Personal Information. For example, we use your Personal Information to pay our taxes, to fulfill our business obligations, and as otherwise required by law. Without using your Personal Information for such purposes, we could not perform the Services in accordance with our legal and regulatory requirements.

How we Share Your Data

Sharing of Information

COMPANY will not copy, distribute, or otherwise share any User or visitor Personal Information except as set out in this Privacy Policy. COMPANY may share Users’ and visitors’ Personal Information in the following ways:

• Credit Card processing: COMPANY uses a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use Billing Information except for the sole purpose of credit card processing on COMPANY’s behalf.
• Third party service providers: COMPANY may partner with other parties to provide Users with specific services such as guiding services. These third parties have access to your Personal Information only to perform specific tasks. These third party service providers have their own privacy policies addressing how they use such information.
• Group companies: From time to time we may provide Personal Information about Users to COMPANY’s subsidiaries and affiliates so that those entities may assist COMPANY in providing Services to Users. Each of these entities will process information in accordance with this Privacy Policy.
• Potential acquirers of COMPANY’s business: If COMPANY is involved in a merger, acquisition or asset sale (each a “transaction”), some or all of COMPANY Users’ and visitors’ Personal Information may be disclosed for the purposes of evaluating or carrying out the transaction. In such a case, the other party will be instructed to handle the Personal Information in the same manner as provided in this Privacy Policy, and Users or visitors will be notified to the extent required by applicable laws.
• Law Enforcement. We may be required in certain circumstances to disclose Personal Information in response to a lawful request by public authorities, courts, law enforcement, or to comply with national security requirements, or as otherwise required by the applicable data protection law. To the extent allowed by law, we will notify you before a disclosure is made.
• Consent: We may disclose Users’ and visitors’ Personal Information with third parties where we have consent to do so, except as otherwise prohibited by law.

Data Location and Data Transfers

Visitors’ and Users’ Personal Information may be transferred to, and processed in, countries outside of Canada. Specifically, COMPANY’s website and Services are hosted on servers located in Virginia, United States and Paris, France. Our group companies and third-party service providers and partners may operate around the world, including in Canada, United States, and France. This means that when COMPANY collects visitors’ and Users’ Personal Information, such information may be processed in any of these countries, and accordingly, may be accessible to courts, law enforcement and national security authorities of those countries. For more information about how we transfer visitors’ and Users’ Personal Information, please contact Mr. Rosenthal at support@climbonsight.ca.

How we Protect and Manage Your Data

Security

COMPANY uses appropriate administrative, technical, organizational, and physical security measures to protect our Users’ and visitors’ Personal Information against accidental or unlawful destruction, loss, and alteration, and against unauthorized disclosure and access. We use industry practices to protect visitors’ and Users’ Personal Information, including firewalls, SSL encryption, and limiting storage of financial information to a PCI compliant third party provider.

We have procedures in place to address any suspected personal data breach and will notify you and any applicable regulator of a breach as required by law.

Personal Information in our possession may be accessed by different groups of employees and personnel within our company, only as required in order for them to carry out their responsibilities.

Data Retention

We retain Personal Information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with the Services you have requested, to comply with applicable legal, contractual, tax or accounting requirements, or to defend ourselves from possible legal actions). When we have no ongoing legitimate business need to process your Personal Information, we will destroy it or anonymize it.

Your Choices to Control Your Data

Your Data Protection Rights

You can exercise any one of the following data protection rights as may be available to you under applicable law by contacting us at support@climbonsight.ca or through one of the other methods set forth in the introduction to this Privacy Policy. We will acknowledge and respond to your requests promptly and in all cases no later than within 30 days unless required to respond sooner under applicable law. In certain jurisdictions, we may need to verify your identity before responding to your request.

Depending on your jurisdiction, you may have the following data protection rights:

• You may have the right to access, correct, update or request deletion of the Personal Information we collect about you.
• You have the right to object to or restrict the processing of your personal data, under certain conditions.
• You have the right to opt out of marketing communications, even if you have previously consented to receiving them. You may opt out at any time.
• You may have the right to request portability of your Personal Information.
• You may have the right to de-indexation.
• If we have collected and process your Personal Information with your consent, then you can withdraw your consent at any time by contacting us through one of the methods below.

Contact

In order to exercise your data protection rights or should you have any questions, concerns or complaint regarding our Privacy Policy or the processing of your Personal Information, you may email our Chief Executive Officer at support@climbonsight.ca or mail your request to 1655 Dupont Street, Suite 101, Toronto, Ontario M2P3T1.