Privacy Policy and Cookie Notice

Latest Update: February 10th, 2022

This Privacy Policy (the “Policy”) contains information about how Nexapp Technologies Inc. (referred to as “Nexapp”, “we”, or “us”) collects, uses and discloses your personal data when you are:

  • using the website axify.io (the “Website”);
  • using our project management platform Axify, which is available at app.axify.io as a web application (the “Platform”); and
  • exchanging with us by emails, social media or otherwise. 

(together with the Website and the Platform referred to as the “Services”). 

This Privacy Policy also covers our use of cookies and tracking technologies, such as pixels and beacons (together, the “cookies”). Click here to jump directly to the cookie notice section of this Policy.

In addition, this Privacy Policy covers the use of your personal data for interest-based advertising, which we conduct when permitted under applicable law. For more information about this topic, please click here to jump directly to the relevant section of this Privacy Policy. We do not conduct interest-based advertising within our Platform or use Platform Users' data when they are using the Platform. We only conduct interest-based advertising through our Website and social media.  

If you have any questions regarding the processing of your personal data, you can email us at .

For any questions or requests for information regarding Bill 25 and the management of personal data at Nexapp, our parent company, please contact our Data Privacy Officer, Pier-Luc Rodrigue, at plrodrigue@nexapp.ca, or our Security Officer, Marc-Olivier Duval, at moduval@nexapp.ca.

1. Key terms

In the Privacy Policy, the term “Platform User” refers to developers, employees, subcontractor personnel and end-users who are authorized to use our Platform by our customers with whom we have an agreement. 

The term “Platform Admin” refers to end-users who are authorized to use our Platform as administrators of the Platform and/or who manage Platform Users’ work through the Platform.

By comparison, the term “Website User” refers to someone who is navigating our Website, or is interacting with us by emails, social media or otherwise. 

The term “User” or “you” refers indistinctively to a Platform User, Platform Admin and/or a Website User.

2. What do we mean by “personal data”?

Personal data is information that relates to a natural person or allows for the identification of a natural person. Some information may not be personal on its own but may become personal data if associated with personal data or if the sum of the information allows us to identify you. We include cookies in our definition of personal data. The definition of what constitutes personal data is subject to the laws applicable in your jurisdiction, and this Policy shall be interpreted in accordance with applicable laws.

For the purposes of this Privacy Policy, we define personal data as any information which relates to a natural person and allows that person to be identified. For example, this means that we consider electronic identifiers, such as emails and passwords, as personal data. You should know that some laws do not include business contact information (ex. name, title, work email, etc.) and other employees' personal data in the legal definition of personal data. However, to be transparent with our Users, we included such personal data in our own definition of personal data. Click here to learn more about what type of personal data we collect and why.

We include cookies in our definition of personal data, although some laws may not consider cookies as personal data. Click here to have more information on the cookies we collect. 

3. What types of personal data does Nexapp collect, and why?

We collect personal data to provide you with our Services, for the purpose of obtaining analytics on your use of our Services, or in connection with our marketing activities. This section does not cover the cookies that we use. Our use of cookies is covered in the questions below.

Under the European General Data Protection Regulation (“GDPR”), where applicable, we use different legal bases to justify our processing of your personal data, such as consent, the performance of a contract and our legitimate interests. However, these legal bases may not be valid under all jurisdictions and are indicative. For instance, in Canada, where such legal basis is not applicable except for consent, we collect, use and disclose such personal data with your consent, which may be explicit or implied. You can withdraw your consent at any time; click here to learn how to do so.

Category

Description

Justification

Legal basis under the GDPR

Services

Electronic Data

IP address, device type, operating system and Internet browser type, screen resolution, operating system name and version, device manufacturer and model, language, plug-ins, add-ons and language.

This information is collected automatically by our Services to function effectively, fix bugs, or ensure the security of our Services. We also use this information for analytics purposes to help us know more about your use of our Services. These may be collected as part of cookies. 

Legitimate interests, compliance with legal obligations.

Usage Data

Time spent on the Services, pages visited, links clicked, language preferences, pages that led or referred you to the Website.

We collect this information for analytics purposes.

Legitimate interests.

Communication Data

Email addresses, identification data, publicly available information, email content, logs of live chats.

If you communicate with us by email, on social media, by using our live chat on our Website, or by any other means, we collect the personal data that you share with us, such as your email address and the content of your communication. If you communicate with us using social media, we will have access to your publicly available information.



Consent, legitimate interests.

Platform

Registration Data

First name, last name, title, email address, username and password.

We also ask the name of the company you work for.

We collect this information to create Platform Users’ accounts on our Platform.

We also use your email address to communicate with you about the Platform, such as for updates or maintenance.

Legitimate interest, performance of a contract.

Platform User Data 

Work schedule and workflow

Use of equipment

Platform Users’ performance, and general estimate of happiness at work

Tasks and roles of Platform Users

We collect this information about Platform Users to: (a) provide Platform Admins with the functionalities of the Platform, such as scheduling work shifts, managing costs and understanding productivity; (b) to provide Platform Users and Admins with real-time analytics about projects; (c) to generate reporting metrics using statistical-based modelling* and (d) to allow Platform Admins to use aggregated data, reports and past data about Platform User Data and other non-confidential data to create estimates for upcoming work, conduct benchmarking and marketing analysis.

*Statistical-based modelling is done using Platform User Data and other data and aims at providing business intelligence to Platform Admins.

Legitimate interests, performance of a contract.

User Content

Photos

Documents 

Messages

Comments



Platform Users and Admins can upload photos and documents as part of our management capabilities, and interact with each other directly on the Platform. To offer these functionalities, we collect the information that you decide to process through the Platform.

Consent.

Support Data

Email addresses

Email, message and chat conversation content

Account information

Electronic Data

As part of the Platform, we offer support to Platform Users and Admins. To provide you with support, we collect the personal data included in your inquiries, as well as the personal data required to identify you and help you resolve the issue.  

Legitimate interests.

Integration Partners Data

Personal Data collected and used by integration partners (please refer to their respective privacy policy)

Many productivity tools and software can be integrated into our Platform, including Microsoft Teams, Jira, Slack and others. If you decide to integrate such third-party tools with our Platform, this may result in us receiving some of your personal data from those. 

Integration partners are not suppliers of us. You are required to enter into distinct agreements with them and review their privacy policy before connecting their applications with our Platform. We are not responsible for the privacy practices of third parties that are not our suppliers. 

Consent.

Website and Marketing Activities

Newsletter

Email 

Consent to receiving emails

If you consent to receive our newsletters, we will send you emails about updates and marketing content. You can unsubscribe at any time directly in the emails or by contacting us.

Consent; compliance with legal obligations.

Social Media

Publicly available information

If you follow us or interact with us on social media, we may process your personal data for marketing or advertising purposes, subject to applicable laws, including those on consent.  

Consent.

Demo Inquiries

Platform Demo 

E-Book Inquiries

Name

Email address

Phone number

Company name and size

Job role

If you request an e-book or a demo of our Platform or attend a demo presentation of our Platform, we may ask you to provide us with personal data to respond to such inquiry or to subscribe you to the demo, and for commercial prospection, as permitted under applicable law. 

Legitimate interests, performance of a contract, consent.

 

4. What cookies do you use and why?

We use cookies for our Services to function as intended, to conduct marketing (only when using the Website), to provide functionalities on our Platform, to analyze our performance and to ensure that our Services are secure. Cookies are also useful to identify bugs and errors. We use both first-party and third-party cookies installed by partners on our Website.

Cookies are messages that web services pass to your web browser when you navigate the Internet. Your browser stores each of these messages in a small file. Our definition of cookies also includes similar technologies, like pixel and web beacons that are installed on your devices. Cookies can track you across different websites, and serve different purposes. There are various types of cookies: (1) essential; (2) functional; (3) marketing and (4) analytics. Some stay installed only during your session on a website, others are installed for several months or years.      

We collect cookies that classify in each of these categories:

Type of cookie

Description

Legal basis under the GDPR

Essential

Essential cookies are necessary to operate the core functions of our Services. These include login cookies, session ID cookies, language cookies as well as security cookies.

Legitimate interests

Functional

Functional cookies are used to provide you with some functionalities, such as a live chat, and to remember preferences, consents and configurations. 

Legitimate interests

Analytics

Analytics cookies are used to generate aggregated statistical data about traffic and behaviour of Users when using our Services. For instance, we can determine how much time Users spend on a page, and how successful our advertising is. For instance, the cookie named _ga is used by Google Analytics to gather data about your behaviour on our Services.

Consent

Marketing

Marketing cookies are used to deliver relevant advertising which requires tracking and analyzing users’ behaviour across our Website. Cookies help us to do so through our partners. For instance, _fbp and fr are cookies installed by Facebook to deliver targeted advertising, and bcookie is a Cookie installed by LinkedIn to track users for advertising purposes on our Services.

Consent

5. Do you use Google Analytics? 

Yes, we do. Google Analytics is Google’s analytical tool that helps us to understand how Users engage with our Services. It uses a set of cookies to collect information and report site usage statistics without allowing us to identify individual visitors. 

In addition to reporting site usage statistics, the data collected by Google Analytics is leveraged to do remarketing, including across devices, through cookies such as Google Adwords and DoubleClick. We provide more information on interest-based advertising in the following question.

6. Do you conduct interest-based advertising (IBA)?

Yes. We use targeting cookies as part of our marketing strategy. This is called interest-based advertising. We do not conduct interest-based advertising within our Platform or as part of our Services or use Platform Users' data when they are within the Platform or using the Services. We only conduct interest-based advertising through our Website and social media.  

You can opt out of interest-based advertising by managing your cookies. Click here to jump to the section of the Privacy Policy that explains to you how to do this. You can also use WebChoices which is a browser-based tool for opting out of interest-based advertising

Interest-based advertising is also referred to as targeted advertising (retargeting) or behavioural advertising. Re-targeting means that the ads that you are being served are personalized based on your behaviour when browsing online. This is enabled through cookies and requires the processing of electronic data that is considered personal data under certain laws.

For instance, we use Facebook Conversion Tracking Pixel on our Website to record how efficient our advertisements are for statistical and market research purposes. Facebook collects such data for us based on your agreement with Facebook. The collected data remains anonymous for us - we can only see aggregated data. This means that we cannot see the personal data of individual users by using Facebook Conversion Tracking Pixel. However, this personal data is available to Facebook, and Facebook may connect such data with your Facebook account and use this data for their own advertising purposes, in accordance with its current privacy policy, which you can find here.     

We also use Google Remarketing and Google AdWords for interest-based advertising purposes, including retargeting, which allows us to serve relevant ads to the relevant individuals. It also allows us to create segments based on the analytics that we have obtained, and then use it as part of remarketing campaigns on our Google Ads account. Google Ads uses a different cookie than Google Analytics. You can disable Google’s use of advertising cookies at all times by clicking here. Google Analytics also offers a function for remarketing audiences. Google AdWords Remarketing keeps track of all our Website Users and follows these Website Users online to show our ads. 

If you are not comfortable with this, you can manage your Cookie preferences. Click here to jump to the relevant section of this Policy. 

7. To whom do you disclose my personal data?

Let’s be clear, we do not sell your personal data to data brokers. However, we do share your personal data with certain types of third parties to provide you with the Services, conduct marketing and as required by the law. We can also share your personal data in the context of a merger and acquisition, as part of bankruptcy procedures or for other corporate requirements.

Category

Explanations

Service Providers

Service providers are used to provide you with some functionalities that are outsourced to third parties. For instance, we use a third party to offer you a live chat, to provide support to Platform Users and to send you emails.

IT Service Providers

We use IT Service Providers to offer you the Services, such as to host the Services. 

Marketing Partners

We use marketing partners to (1) serve you relevant ads; (2) analyze our advertising campaigns’ performance; (3) manage our leads and (4) provide you with marketing content. All of these activities require the processing of your personal data, including through cookies.

Law enforcement and other authorities

We may receive requests from authorities to access your personal data. We will validate that the request is licit before responding. When possible, we will advise you. We will only share what is strictly required.

We may share your personal data with our financial and legal advisors or auditors if reasonably required, or in the event we would be required to do so to defend our rights and interests.

In the case of a merger or acquisition, sale of assets, corporate reorganization, bankruptcy filing, insolvency procedures or similar circumstances, your personal data would be considered our assets and property of Nexapp. In these circumstances, ownership of the personal data we collected may be transferred or we may have to share some of your personal data to conclude, negotiate or discuss with third parties. We will only share what we are required to share for these specific purposes.

8. Where do you store my personal data?

We use Amazon Web Services to host our Services and store your personal data. The servers are located in Canada. However, our suppliers and third parties may process your personal data internationally, including in the United States.

9. How long do you retain my personal data?

We retain personal data for as long as necessary to provide you with the Services, to perform our marketing campaigns effectively or as required by applicable laws, whichever is longer. We use both persistent and session cookies. Session cookies are deleted once you close your browser, whereas persistent cookies remain active on your device for some time. For instance, Google Analytics cookies remain installed on your device for 2 years. This allows Google Analytics to track you for analytic purposes, as well as for marketing purposes, and to provide us with aggregated data on your behaviour.

10. How do you keep my personal data secure?

We strive to implement security features that are proportional to the risks, taking into consideration factors such as the sensitivity of the personal data that we collect. 

However, it is important to understand that we cannot guarantee the security of personal data on the Internet and that you must also take precautions, such as not sharing your credentials with anyone.

11. Can I manage my Cookie preferences?

You can always manage your cookie preferences. However, some functionalities of the Services may require cookies in order to perform as expected, or for security purposes. You can control your cookie preferences through your browser. Depending on the browser that you are using, different instructions are applicable.

12. Do I have any rights over my personal data?

Yes. These rights vary depending on where you are located. 

You generally have the right to access your personal data and to correct your personal data if inaccurate, in certain circumstances.

Under the GDPR (if applicable to you), you have additional rights, such as the right to object to the processing of your personal data, the right to data portability, the right to erasure and the right to restrict the processing of your personal data:

  • The right of access: under the right of access, you have the right to gain access to your data free of charge in a commonly used format – such as an electronic format if the request is made electronically.
  • The right to rectification: you are entitled to have your personal data rectified if inaccurate or incomplete and we will respond to such request within one month if not deemed complex.
  • The right to erasure: ‘the right to be forgotten’, or right to erasure, means you have the right to request that your data be deleted easily and securely where there is no compelling reason for possession and continued processing.
  • The right to restrict processing: you have the right to ‘block’ or restrict the processing of personal data, in certain circumstances.
  • The right to data portability: you also have the right to data portability, which allows you to obtain and reuse your personal data across different services for your own purposes.

You can exercise your rights at any time by contacting us at . Platform Users and Admins can also review their parameters on the Platform. For instance, you can change your name, e-mail, password and other Identification Data within the Platform without involving us, in the “My Profile” section, by clicking “Edit”.

We will respond to your request within 30 days. If we cannot comply with your request, we will tell you why.

If you are located in Canada, note that the Office of the Privacy Commissioner of Canada drafted this FAQ to help you access your personal data when it is held by a business. You can also contact the Office of the Privacy Commissioner of Canada’s Information Center:

Telephone
9:00 am to 4:00 pm EST
Toll-free: 1-800-282-1376

Mailing address
Office of the Privacy Commissioner
30 Victoria Street
Gatineau, Québec
K1A 1H3

If you have any issue with how we collect, use or disclose your personal data, or how we responded to your request, please let us know at . We will do our best to improve our processes to make certain that it does not happen again. We will also provide you with additional information about our practices if you would like us to do so.      

If you are still not satisfied, you can lodge a complaint to the Office of the Privacy Commissioner of Canada using this online form, or to your local privacy regulators.

13. If I gave consent for you to process my personal data, may I opt out?

Yes, whenever we process your personal data based on your consent, you can withdraw that consent at any time by contacting us at . However, please note that you may be unable to continue using our Services or some of their functionalities if you withdraw your consent.

You can also opt-out of receiving commercial emails from us, by clicking the unsubscribe link at the bottom of such email.

14. Children

We do not knowingly collect personal data from children under the age of 13. In the event you become aware that an individual under the age of 13 has enrolled without parental permission, please advise us immediately.

15. Do you respond to “Do Not Track” signals?

If you are a resident of California, you have the right to ask companies to stop tracking you on the Internet. Please note that we do not respond to Do Not Track signals. However, if you have a legitimate request about your personal data, be sure that we will try our best to assist you!

16. Can we change this Policy?

We may need to modify this Policy to reflect new processing activities, adapt to new laws and regulations or reflect technological changes or corporate changes, such as a result of a merger and acquisition. We may also change this Policy at our sole discretion. In case of material changes, we will send an email to Platform Users and Platform Admins. You can view the date of the latest update at the top of this page, and you can always reach out to us at , should you have any questions. Your continued use of the Services is deemed an acceptance of this Policy.