Privacy Policy

Effective Date: July 2019

1.              Purpose

PwrSwitch Inc. and its affiliates ("PwrSwitch", "we", "us" or "our") are committed to protecting personal information provided by everyone with whom we do business.

The purpose of this Privacy Policy is to outline the practices that we follow in protecting and managing personal information and data, collected, used and disclosed in relation to our business, the PwrSwitch Application ("App") and the operation of our website at www.pwrswitch.com (the "Site").

The App is designed to effortlessly organize communications between you and an individual by recovering and compiling selected SMS, email and call history into a secure, time and date stamped word searchable document. In order to create such document, the App collects and processes certain personal information about you. The information that you provide to PwrSwitch will be backed up to a cloud operated by a third party. You will be able to access the data stored in your PwrSwitch account on multiple devices.

The App and Site have been developed and are operated by PwrSwitch in Alberta, Canada and the collection, use, and sharing of your information and data is governed by Alberta's Personal Information Protection Act, the federal Personal Information Protection and Electronic Documents Act, and other applicable privacy legislation.

Please read this Privacy Policy before creating a PwrSwitch account on the App or providing personal information to us. By accessing the App, using the Site, or otherwise providing us with your personal information, you are explicitly consenting and agreeing to the upload of your personal information and the processing of your information in accordance with the provisions of this Privacy Policy.

2.              Personal Information and Data Collection

Personal information means information (including data) about an identifiable individual such as an individual's home contact information, email, phone number and financial information. However, personal information does not include information that is publicly available, such as information in a telephone directory, or business contact information (information that would appear on a business card).

A.             Information you Provide to Us

We collect personal information that is necessary to establish and maintain relationships with our customers, to manage and develop our business operations, to provide customer service, and to develop, enhance, market, promote or provide products and services.

In order to use the App, you must register for a PwrSwitch account. When you register for a PwrSwitch account, we may collect your name, contact information, phone number and email address.  

We also collect payment card or banking information in order to process your bill payments. We use third-party service providers to assist in processing payments, as discussed in more detail below, and such providers may track billing information for existing customers such as payment history, credit history and assessments.

When using the App, we further collect your permission to access your device, email account and specific applications on your device (including text messaging history). By giving us permission to access your phone, email history or SMS, you are granting consent for PwrSwitch to access a host of typical features associated with telephony, including access to the phone number of your device, your current mobile network information, the status of any ongoing calls, and your email and SMS history.

In order to generate a report, the App will compile communications from your email, SMS and phone log history into a secure, time and date stamped word searchable document. This report will be stored on a cloud provided by a third-party service provider, which you will be able to access at any time.

When you communicate with us via the Site, we may collect certain types of personal information, including: your name, country of residence, phone number, email address, and details of your communication or request.

We also collect your name, contact information and other information you choose to provide when you communicate with us or request communications from us, for example, if you send us an email or chat with us online, submit a search query, complete a form, contact us for service, report an emergency or service issue, register for subscriptions, participate in surveys or promotions, or participate in a blog or forum. When you contact us via telephone, we may record the conversation for quality assurance, training and record keeping purposes.

Finally, we may collect personal information for other purposes with your consent or where permitted or required by law.

You are responsible for any third-party personal information you obtain, publish or that is shared through the App or with PwrSwitch. In some cases, we may require you to demonstrate individual consent obtained for the collection, use and disclosure of personal information provided to PwrSwitch.

B.             Information from Third Parties

To the extent permitted by law, we may collect or purchase information from third parties, including marketing companies, digital advertising agencies, third-party ad servers, third-party email servers, data aggregators, analytics providers, or third-party advertising networks.

C.             Information we Collect Automatically

Pwrswitch also collects certain information automatically when you use the App or visit the Site, including through cookies, pixels and other technologies. Cookies are small data files that are sent to your browser and placed on your device when you visit a website. The information a cookie contains is set by a website's server and can be used when the user visits or returns to the website. Cookies are designed to remember things that a user has done while on a website in the past, which can include putting products in a basket, logging in, or clicking on links.

Further, when you use the App or Site, we may automatically receive technical information, including the type of mobile or other device you use, a unique device identifier (such as your device IMEI number, MAC address of the device's wireless network interface, or the mobile phone number used by the device), device network information, your device operating system and software version number, IP address, the type of browser you use, the country and language code and time zone setting. We will also collect information about your use of the App and Site, such as any meter errors, log files and administration data so that we can ensure good operation of the App and Site. Finally, the App and Site may track you by storing a unique identifier on your device, for analytics purposes or for storing your preferences. We do not collect location data about your mobile device.

PwrSwitch may use third party vendors and advertisers, as described in more detail below, that may also place cookies on your browser to tailor advertising directly to you.

We use this information to understand how you use our Site and App, customize it to your particular preference or interests, diagnose server problems, administer the Site and App and present content.

You have the ability to accept or decline cookies. Specifically, with most internet browsers, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. The "help" function within a browser will tell you how to prevent a browser from accepting new cookies, how to have the browser send a notification about a new cookie and how to disable cookies altogether. However, if you reject PwrSwitch's cookies or the cookies of third-party service providers, certain Site and App functionalities may not be available to you.

For more information regarding our use of cookies, tracking devices or the use of third party service providers and their technologies as it relates to your personal information, please contact PwrSwitch at hello@pwrswitch.com.

3.              The Purposes of Data Processing

PwrSwitch collects, uses, discloses and processes your information for the following purposes:

·      to provide products and services to you;

·      to process any request for a product or service that you may make;

·      to establish and maintain relationships and communicate with you;

·      to administer any account or agreement that you may have with us;

·      to determine your eligibility for services and ability to pay for such services;

·      to bill and collect payment for products and services;

·      to obtain permissions to access your mobile device, SMS account, email and phone log;

·      to provide platform services and hosting;

·      to build a user profile based on the information that you provide and then to track your activities through analytics features;

·      to obtain your registration and authentication;

·      to understand your needs and preferences so as you provide better services;

·      to respond to your inquiries and fulfill requests;

·      to understand your App and Site usage patterns and tendencies;

·      to develop, test and improve our Site and App, including offering improved functionality and features, and ensuring that our content is presented in an effective manner;

·      to send important information regarding the App, Site or other administrative information;

·      to make suggestions regarding products and services that may interest you;

·      to invite you to participate in relevant surveys or opinion groups or other promotional or marketing activities relating to PwrSwitch products that, with your explicit consent, may be shared with selected third-party partners;

·      to establish and maintain a commercial relationship;

·      to develop, enhance, market, promote or provide products and services to you;

·      to manage and develop PwrSwitch's business operations;

·      in relation to a business transaction;

·      to track the date and time when a message is viewed by you, as well as when you interact with the us, the App or the Site;

·      to allow you to communicate and interact with others through the App or Site;

·      to measure and improve our services and the content and layout of our Site;

·      for any purpose outlined to you directly in the App or the Site at the time you provide your personal information;

·      to enforce the PwrSwitch's terms and conditions; and

·      to comply with applicable legal and regulatory requirements, including laws outside your country of residence.

We may use and disclose to third party researchers statistical, aggregated, anonymized or de-identified information for the purposes of:

·      researching and evaluating how the App and PwrSwitch services are provided and used;

·      evaluating the performance, impact and experience of the App and PwrSwitch services on users (including based on user demographics, such as geography);

·      enhancing the functionality and features of the App and PwrSwitch services;

·      testing and validating App upgrades; and

·      product development.

PwrSwitch may also collect and use technical information about your devices and related software, hardware and peripherals that are internet-based or wireless to improve our products and services and to provide you with the various functionalities of the App.

YOU AGREE THAT BY CREATING A PWRSWITCH ACCOUNT OR BY USING THE APP OR THE SITE, THAT YOU CONSENT TO THE COLLECTION, USE, DISCLOSURE AND PROCESSING OF YOUR PERSONAL INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.

4.              Marketing

We may contact you to tell you about products and services that we feel may be of interest to you or that are similar to those that you have already purchased or inquired about.

Unless you have chosen not to receive our marketing communications, you may be contacted by us, or one of our selected partners, in each case where you have consented to receive these communications.

You may opt out of receiving our marketing communications at any time by contacting us at hello@pwrswitch.com or by using the unsubscribe link in any of our communications.

We will continue to contact you for non-marketing related purposes where we need to send you information about the App, your PwrSwitch account or where we need to issue a safety notice.  We may send information to you via App notifications, reminders or alerts to inform you of new developments. You can manage push notifications in your mobile device settings.

5.              Transfer of Data

We share your personal information with certain third-party service providers located within Canada, the United States and Europe. In particular, we may share your personal information for the purposes described above, including:

·      to third party service providers who provide services such as website and data processing, website and data hosting and infrastructure, registration and authentication, user database management, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery services, auditing services and other similar services to enable PwrSwitch to provide you with services, including the App;

·      to build user profiles from your email address, personal name, or other information that you provide in order to track your activities through analytics features. The personal information you provide may also be matched with publicly available information about you (such as social networks' profiles) and used to build private profiles that PwrSwitch can display and use for improving the App and its services;

·      to financial institutions and payment processors in the case of business transactions;

·      to selected researchers or partners where you have chosen to participate in surveys, opinion groups or other marketing or technology-improvement related initiatives relating to your use of PwrSwitch's App or services;

·      to a prospective seller or buyer in the event of a sale or purchase of any PwrSwitch business or asset so that the buyer can continue to provide you, as the continuing customer, with seamless information and services; and

·      as necessary or appropriate to respond to authorized requests from government authorities or where required by law, including for national security purposes. Where we are required by law, we may also disclose your personal information where it is necessary: to enforce or apply our Privacy Policy or other agreements; to investigate or protect the rights, property or safety of PwrSwitch, and our affiliates, products, services, customers, distributors and/or business partners; or to prevent or take action regarding illegal activities or fraud, situations involving potential threats to the safety of any person or as evidence in litigation. Your personal information may be subject to foreign laws and may be accessible by foreign governments, courts, law enforcement and regulatory agencies.

PwrSwitch will use and disclose personal information only for the purposes for which the information was collected, except as authorized by applicable privacy laws. PwrSwitch will notify and, if required, obtain consent for use and disclosure of personal information which falls outside the purposes for which the information was originally collected.

When personal information is transferred outside your country of residence, it may be subject to the laws of the jurisdiction to which it is transferred. PwrSwitch cannot provide the services to you, including the App, without such data transfers, and therefore you should not use the App or the Site if you do not want these transfers to occur.

BY CONTINUING TO RECEIVE SERVICES FROM US, AND TO USE THE APP AND THE SITE, YOU CONSENT TO THE TRANSFER AND PROCESSING OF YOUR PERSONAL INFORMATION TO THIRD PARTY SERVICE PROVIDERS AS OUTLINED IN THIS PRIVACY POLICY.

6.              Using the App to Send Reports

The App may allow you to create a report based on the information you allow PwrSwitch to access and compile. You may choose to send a report by email to third parties such as a lawyer, friend, or other person of your choice.

Please note that any sharing of your personal information is wholly at your own risk and PwrSwitch is not responsible for securing or protecting the information that you choose to send to other persons. You should be aware that there are risks involved in sharing information over the internet, including the potential for such information to be intercepted by unauthorised third parties. We recommend that you exercise caution when choosing to share your personal information with anybody.

7.              Storage

Your personal information will be stored on servers located in Canada, the United States and Europe. As mentioned above, we may also transfer personal information to service providers, some of which are located outside of Canada, including in the United States and Europe. PwrSwitch takes reasonable steps to ensure that such service providers maintain privacy protections that are equivalent or substantially similar to those outlined in this Privacy Policy. While outside of Canada, your personal information will be subject to applicable foreign laws, which may permit government and national security authorities to access information in certain circumstances. We will process any request in line with any local laws and our policies and procedures.

PwrSwitch will only store your information for as long as it is required by law or for only as long as necessary to complete the legitimate purposes for which it was collected. When determining the appropriate length for which to store your information, PwrSwitch will consider the amount, nature and sensitivity of the information, the potential risk of harm from unauthorized use or access, the purposes for which the information will be processed, and whether or not the purposes could be fulfilled without retaining that information. When destruction of personal information is appropriate, PwrSwitch will employ appropriate measures to destroy the personal information, including shredding paper records and permanently deleting electronic records.

BY SUBMITTING YOUR PERSONAL INFORMATION TO PWRSWITCH OR DOWNLOADING AND USING THE APP, YOU EXPLICITLY CONSENT TO THE TRANSFER, STORING AND PROCESSING OF YOUR PERSONAL INFORMATION AS OUTLINED IN THIS PRIVACY POLICY.

8.              Security

PwrSwitch implements appropriate administrative, technical and physical safeguards to protect the confidentiality, integrity and availability of your personal information. We use strict procedures and security features, including cryptographic techniques such as encryption, and take all steps reasonably necessary to ensure your personal information is processed securely and in accordance with this Privacy Policy and applicable laws.

You are also responsible for protecting against unauthorised access to the App and your PwrSwitch account.  PwrSwitch recommends that you use strong password security, by using a mix of letters, numbers and symbols, and a different password for your PwrSwitch account than you use for any other accounts that you may have. You should keep your account information password confidential and not share it with anyone.  PwrSwitch is not responsible for any lost, stolen or compromised passwords or for any access to your PwrSwitch account from unauthorised users where caused by you.  If you think your account has been compromised, please contact us as soon as you can at hello@pwrswitch.com.

Please note that the transmission of information through the internet is not always completely secure. PwrSwitch will make all reasonable efforts in order to protect your personal information, but we cannot guarantee the security of the transmission of information via our App or Site, and therefore all information transferred will be at your own risk.

9.              Do Not Track

The App and Site does not respond to "Do Not Track" signals or requests. PwrSwitch may use third party vendors and advertisers, as described above, that may also not respond to "Do Not Track" signals or requests.

10.           Children

The App, Site and any other services provided by PwrSwitch are not directed at, targeted to or intended for children under the age of 16 and we request that children under the age of 16 do not use such services without the consent of a parent or guardian. PwrSwitch does not knowingly or intentionally collect information about children under 16. If you believe that we have collected information about a child under 16, please contact us at hello@pwrswitch.com.

11.           Exercising Your Rights

You may withdraw your consent to our collection, use, disclosure or processing of your personal information as outlined in this Privacy Policy at any time (subject to any contractual or legal restrictions).

We will make every reasonable effort to ensure that personal information in our possession is accurate and complete. If you are aware of an error in personal information about you that is under PwrSwitch's control, please let us know and we will correct it on request whenever possible. In some cases, PwrSwitch may ask for a written request for correction. We may take reasonable steps to verify your identity before granting access or making corrections.

In certain circumstances, you may also be permitted to: (i) object to processing of your personal information and data; (ii) restrict the processing of your personal information and data; (iii) have your personal information and data deleted or otherwise removed; or (iv) receive your personal information and data and have it transferred to another controller.

If you wish to exercise any of these rights, or have any questions or concerns about our personal information handling practices, you may write to our Privacy Officer at hello@pwrswitch.com.

PwrSwitch will endeavour to respond to an individual's request for information within a reasonable time from when it receives the written request (or in the timeframe required by applicable law) and will indicate whether the individual is entitled to access the information. If access is refused, PwrSwitch will provide reasons for the refusal, the name of the person who can answer questions about the request and advise of the right to have the decision reviewed by the applicable regulatory body.

12.           Changes to this Privacy Policy

This Privacy Policy is effective as of the effective date noted above. Any changes that we might make to the Privacy Policy in the future will be posted on the Site and, when appropriate, will be sent to you via email. Please revisit the Site in order to ensure that you stay up to date on any changes to our Privacy Policy.

13.           Legal Information

This Privacy Policy has been prepared based on provisions of multiple legislations, including Alberta's Personal Information Protection Act, the federal Personal Information Protection and Electronic Documents Act, and Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).

14.           Contact Us

Questions, comments or concerns regarding this Privacy Policy should be addressed to our Privacy Officer at hello@pwrswitch.com.