1.1 We are committed to safeguarding the privacy of AceBy users.
1.2 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.
1.4 Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit the publication of your information.
1.5 In this policy, "we", "us" and "our" refer to AceBy. For more information about us, see Section 18.
2. How we use your personal data
2.1 In this Section 2 we have set out:
(a) the general categories of personal data that we may process;
(b) in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;
(c) the purposes for which we may process personal data; and
(d) the legal bases of the processing.
2.2 We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is your consent.
2.3 We may process your account data ("account and profile data"). The account and profile data may include your name, address, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is your consent.
2.4 We may process information that you post for publication on our website or through our services ("publication data"). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is your consent.
2.5 We may process information contained in any enquiry you submit to us regarding goods and/or services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you.
2.6We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is your consent.
2.7 We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
2.8 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
2.9 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
2.10 In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
2.11 Please do not supply any other person's personal data to us, unless we prompt you to do so.
2.a Information Collection And Use
We collect several different types of information for various purposes to provide and improve our Service to you. Types of Data Collected
2.a. i Personal Data while using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to: - Email address - First name and last name - Phone number - Address, State, Province, ZIP/Postal code, City
- Payment and Payout method (Apple Pay, Google Pay, Credit card, Debit Card and Bank Account) - Cookies and Usage Data We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
2.a. ii Usage Data; We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
2.a. iii Location Data ; We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service. See section 12.1 Location Services. You can enable or disable location services when you use our Service at any time, through your device settings.
2.a. vi Use of Data ; AceBy Inc. uses the collected data for various purposes:
To provide and maintain our Service
To notify you about changes to our Service
To allow you to participate in interactive features of our Service when you choose to do so
To provide customer support
To gather analysis or valuable information so that we can improve our Service
To monitor the usage of our Service
To detect, prevent and address technical issues
To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or inquired about unless you have opted not to receive such information
2.b Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
We need to perform a contract with you
You have given us permission to do so
The processing is in our legitimate interests and it's not overridden by your rights
For payment processing purposes
To comply with the law
2.c Disclosure Of Data
To comply with a legal obligation
To protect and defend the rights or property of AceBy Inc.
To prevent or investigate possible wrongdoing in connection with the Service
To protect the personal safety of users of the Service or the public
To protect against legal liability
2.c ii Security Of Data ; The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
2.c. iii "Do Not Track" Signals ;We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
2.d. Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. AceBy Inc. aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. 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. In certain circumstances, you have the following data protection rights:
2.d. i The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
2.d. ii The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
2.d. iii The right to object. You have the right to object to our processing of your Personal Data.
2.d. iv The right of restriction. You have the right to request that we restrict the processing of your personal information.
2.d. v The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
2.d vi. The right to withdraw consent. You also have the right to withdraw your consent at any time where AceBy Inc. relied on your consent to process your personal information.
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).
3.1 . This mobile application AceBy is owned and operated by AceBy Inc.
3.2 . We are registered in Canada under Corporation Number 1034249-1, Business Number (BN) 701604720RC0001, and our registered office is at 2572 Daniel Johnson Boulevard, 2nd Floor, Laval, QC,Canada.
3.3 . You can contact us:
(a) . by post, using the postal address given above;
(b) . using http://help.aceby.com to open a ticket;
(c) . by telephone, on 1 855-222-1224; or
4. Providing your personal data to others
4.1 We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
4.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
4.3 In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
5. International transfers of your personal data
5.1 Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.
5.2 Personal information that you publish on our AceBy or submit for publication on our AceBy may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.
6. Retaining and deleting personal data
6.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
6.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6.3 Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
7.1 We may update this policy from time to time by publishing a new version on our website.
7.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
7.3 We will notify you of significant changes to this policy by email or through the private messaging system on our website.
8. Your rights
8.1 In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
8.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
8.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
8.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
8.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
8.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
8.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
8.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
8.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
8.10 To the extent that the legal basis for our processing of your personal data is:
(a) consent; or
(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
8.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
8.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
8.13 You may exercise any of your rights in relation to your personal data by written notice to us firstname.lastname@example.org, in addition to the other methods specified in this Section 8.
9. Third party websites
9. 1 AceBy engages certain onward sub processors that may process personal data submitted to AceBy’s services. These processors are listed below, as may be updated by AceBy from time to time:
a. Amazon Web Services (https://aws.amazon.com)
b. Google Inc. (https://www.google.com)
c. Apple Inc. (https://www.apple.com/privacy) and (https://support.apple.com/en-ca/ht203027)
d. Branch Metrics, Inc. (https://branch.io)
e. Stripe, Inc. (https://stripe.com)
f. Mailchimp: The Rocket Science Group, LLC (https://mailchimp.com)
g. Facebook Ireland Limited and Facebook, Inc. (https://www.facebook.com)
h. Inap Inc. a subsidiary of Voxel Dot Net Inc. (https://www.inap.com)
i. Onfindo (https://onfido.com)
j. Intercom (https://www.intercom.com)
9.2 Service Providers
We may employ third party companies and individuals to facilitate our mobile app services("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our mobile app services is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. Analytics We may use third-party Service Providers to monitor and analyze the use of our mobile app services.
a. Google Analytics Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our mobile app services. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/
b. Google AdWords Google AdWords remarketing service is provided by Google Inc. You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/
c. Quora Business Advertising
Quora.com remarketing service is provided by Quora Inc.
For more information on the privacy practices of Quora, please visit the ads policy page: https://www.quora.com/about/ads_policy
e. Facebook Facebook remarketing service is provided by Facebook Inc. You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950 To opt-out from Facebook's interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217 Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings. For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation
a. Apple Pay allows you to make easy, secure, and private transactions in stores, in apps, and on the web. You can also send and receive money with friends and family using Apple Pay in Messages (U.S. only). And with contactless rewards cards in Wallet, you can receive and redeem rewards when paying with Apple Pay. Apple Pay is designed with your security and privacy in mind, making it a simpler and more secure way to pay than using your physical credit, debit, and prepaid cards
Apple Pay uses security features built-in to the hardware and software of your device to help protect your transactions. In addition, to use Apple Pay, you must have a passcode set on your device and, optionally, Face ID or Touch ID. You can use a simple passcode, or you can set a more complex passcode for even greater security.
10. Personal data of children
10.1 Our website and services are targeted at persons over the age of 13.
10.2 If we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data.
11. Updating information
11.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.
12. App Permissions
When you use AceBy on your iOS/Android device as an employer, you'll see contextual dialogs asking you to approve certain permissions that the app requests. Allowing these permissions will ensure you have the best possible experience with AceBy, but you'll have the choice to opt out of each iOS/Android permission on an individual basis.
To make sure you understand what features we access and what data we collect through these iOS/Android permissions, we've provided a more detailed breakdown and discussion of the permissions below. You can edit your AceBy permissions anytime by going into the Settings app on your device.
12.1 Location Services
If you opt in, the app will collect and send precise location data to AceBy's servers. We use that data to personalize your experience; to display freelancer in your location; to facilitate freelancer selection and invitation; to determine what products, promotions, and surveys are relevant to you; match project to freelancer and employer to freelancer ; and to customize and improve the location-based services we provide. In addition to GPS, we may use other methods to determine precise location if you enable Location Services, including Wi-Fi signals. We may cache your recent locations on the device to speed up the launch process, but we will not store a history of your location to persistent memory on the device.
If you opt out, you can still use AceBy, but you'll have to manually enter your pickup address every time before you can see what options are available in your city.
12. 2 Push Notifications
You'll see the notification dialog once you open the mobile application for the registration process with AceBy or before you post your first project. If you opt in, Apple Push Notification Service generates a unique token for your device and passes it to AceBy; this device token is then sent to AceBy's servers and stored so that Push Notifications can be sent to you.
If you opt out of Push Notifications, you'll receive updates about your trip by e-mail (these communications are not optional). Note that if you initially tapped Don't Allow, the only way to opt into Push Notifications from AceBy is to update your preferences in your phone's Settings app.
12. 3 Camera
You'll see the camera dialog when you add a photo to your AceBy profile (and select "Take New" instead of "Choose Existing") or take a photo of your ID with the camera when completing your profile. Your ID is for KYC verification offered by our selected provider. You can still add an existing photo/ID to your user profile by granting access to your Photos as seen below.
You'll see the photo dialog when you attempt to add an existing photo to your AceBy user profile/ID documentation. If you don't allow the app access to Photos, you can still select to take a new photo for your AceBy user profile by allowing the AceBy app to access your phone's Camera.
13. About cookies
13.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
13.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
13.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
14. Cookies used by our service providers
14.2 We are using Google Maps API. Please make sure you agreed with its Terms of Service https://developers.google.com/maps/terms
15. Managing cookies
14.1Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/kb/PH21411 (Safari); and
15.2 Blocking all cookies will have a negative impact upon the usability of many websites.
15.3 If you block cookies, you will not be able to use all the features on our website.
The AceBy Legal Team