PenK Software Inc. Privacy Policy
Last Updated: 19 April 2019
Introduction

At PenK Software Inc. we take Users’ privacy very seriously. Our intention is to collect and use your personal data for the strict purpose of providing PenK Software Product Features and Functionality - nothing more.

PenK Software Inc. provides global services to its users and business partners. This Policy is drafted with reference to both the Data Protection Act 1998 and the EU General Data Protection Regulation (together known as “Data Protection Legislation”).

PenK Software believes that compliance with the data protection principles outlined in the Data Protection Legislation creates a strong framework to ensure that individuals’ personal data is secured, protected and used appropriately.

This Policy addresses how PenK Software Inc. uses, transfers and stores all personal data we collect about individuals (“Users”) when they access our website (the “Site”), use any of PenK Software Inc.’s mobile and tablet applications (the “Apps”) or use any of our services or products (collectively, the “PenK Software Products”), or otherwise have their personal data submitted to us.

By visiting the Site, using our Apps, and using PenK Software's Products and/or agreeing to our Terms and Conditions, Users are accepting the practices and guidelines set out in this document (the “Policy”), so please take a few minutes to read it over carefully.

When we refer to PenK Software Inc., “we” or “us” in this Policy, we are referring to PenK Software Inc. itself together with, when applicable, PenK Software Products.

For the purposes of the Data Protection Legislation, where we are the party that determines the purposes for which and the manner in which any personal data is processed, the data controller of any such personal data is PenK Software Inc. of 300 - 1210 8th Street SW, Calgary, Alberta, Canada T2R 1L3 (“PenK Software Inc.”). However, we may also collect or be provided with certain personal data pursuant to our agreements with our customers and partners who remain the data controller of that personal data – in this case, we act as a data processor of the relevant customer or partner. Where we act as a data processor of any personal data, we will process such personal data in accordance with this Privacy Policy, our Terms and Conditions and the relevant data controller’s instructions.

Two areas that we recommend our Users particularly focus on are the sections titled: “International Data Transfer”; and “Analytics Services”. If you have questions or concerns regarding this Policy, please contact us here.

Collection and use of Personal Data

Collecting personal data allows PenK Software Inc. to offer a more customised, secure, and efficient service to our Users.

A summary of how we use personal data:

  • To provide customer service.
  • To provide, operate, improve or maintain PenK Software Inc. Products.
  • To communicate upcoming features, developments, and news relating to the PenK Software Inc. Products.
  • To protect, investigate, and deter against fraudulent, unauthorised, or illegal activity.
  • To provide and deliver any other products and services that Users request.
  • If applicable, to allow users of PenK Software Inc. Products to contact their sub-users.

We will take all steps necessary and within reason to ensure that personal data is treated securely and in accordance with this Policy and, where it applies, the Data Protection Legislation.

What information do we collect?

Information provided when Users sign up on the Site or an App. When Users register for a subscription through the Site or an App (or update any information previously given to us), we collect personal details which can include: ‎ names, postal addresses, email addresses, phone numbers, usernames, and passwords.

Information provided through use of the PenK Software Inc. Products. When using PenK Software Products, Users may provide us with additional personal data that might be contained on any agendas, meeting notes, attachments and other items that they submit to us through the Minite Maker Products. Users may also provide us with personal data which relates not only to Users themselves, but also third party individuals. We will treat such data in accordance with this Policy. Users may also provide us with certain personal data when they report a problem with PenK Software Inc. Products or send us any other information either directly on the Site or via the Apps.

Information submitted by users to blogs, boards, or discussion forums. If Users choose to participate in commenting on any blogs or posting on our board or forums on the Site, they may submit certain Personal Information to us. Please also note that Personal Information that Users submit in this way can be read, collected, or used by other Users. As Users control what they submit, we are not responsible for the information (including Personal Information) they choose to submit to blogs, discussion boards or forums we host. We urge Users to be very careful when deciding to submit their Personal Information in this fashion.

Information we get from others. We may get personal data about Users from other sources. As an example of how we might get personal data other than via the Apps or the Site – we might collect certain information Users have uploaded to their business application software when any PenK Software Product is integrated with that software. We may add this to information we get from this Site or the Apps or otherwise through Users’ use of the PenK Software Products.

Information automatically collected through the Site and the Apps. Each time Users visit the Site or use the Apps we may automatically collect the following information:

  • Content Information - including information stored on Users’ devices such as contact information, friends lists, login information, photos, videos or other digital content.

  • Technical Information - including the type of mobile or tablet device Users use, a unique device identifier (for example, a device's IMEI number, the MAC address of the device's wireless network interface, or the mobile phone number used on a device), network information, operating system, the browser, and time zone settings.

  • Usage Information - which may include: location data, web traffic data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise; the resources that Users access; the website(s) visited before browsing to the Site, pages viewed, how long spent on a page, access times; and other information about use of and actions on our Site.

Testimonials and Feedback PenK Software does not post any personal data relating to its Users along with testimonials, unless we have been given permission to do so by the User. We will contact Users to confirm their approval for personal data to be posted on our Site before anything is posted. Users may submit or ask us to withdraw a testimonial by contacting us here.

Analytics Services

We may use third party analytics services (“Analytics Services”), to help analyse how Users use our Site and the Apps. The information generated by the Cookies or other technologies about Users' use of PenK Software Products (the “Analytics Information”) is transmitted to the Analytics Services. The Analytics Services use Analytics Information to compile reports on User activity. The Analytics Services may also transfer the Analytics Information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Service’s ability to use and share Analytics Information is restricted by such Analytics Service’s particular Terms of Use and Privacy Policy. By using PenK Software Products, Users consent to the processing of their personal data by Analytics Services in the manner and for the purposes set out above. For a complete list of Analytics Services used by Minite Maker, please contact us at support@penksoftware.com.

Cookies

We may log and collect certain personal data using "Cookies". Cookies are small data files stored on Users’ hard drives by a website. We may use both session Cookies (which expire once Users close their web browser) and persistent Cookies (which stay on Users’ computers or devices until they delete them) to provide Users with a more personal and interactive experience on our Site and the Apps. This type of information is collected to distinguish different Users of the Apps or the Site. This helps us to provide Users with a good experience when they use the Apps or browse the Site. It also allows us to improve the Apps and the Site to make them more useful and to tailor each User's experience to meet their special interests and needs.

Please note that the Cookies that we may use include both Cookies we place and those which are placed by our third party partners – these are commonly referred to as “third party Cookies”. Third party Cookies are Cookies that are set by a domain other than the one being visited by the User – for example, if an individual visits the Site and a company other than Minite Maker sets a cookie through the Site, this would be a third party cookie.

Some of the Cookies we place are essential to allow us to provide certain aspects of the Site and the Apps – for example, some are necessary to enable Users to log into certain secure areas. Users will typically be able to remove and reject Cookies from our Site or the Apps by changing their settings. Many browsers and devices are set to accept Cookies until you change your settings. If Users remove or reject our Cookies, it will affect how our Site or the Apps works for them.

How we secure personal information

Personal data on Minite Maker is protected by an email address, username, and password login. Users are responsible for keeping their password secret, and should be careful to log out of their accounts after they have finished any given session, especially if they are using a public computer. The security of personal data is important to us. When Users enter sensitive information on our registration forms (such as their name, mailing address, or credit card information), we encrypt that information using Secure Socket Layer (SSL) technology.

Only employees or service providers that need to access personal data (such as customer service representatives or our data processing teams) will have access to personal data. PenK Software Inc. takes reasonable steps to ensure that it keeps all employees informed and reminded of privacy and security practices.

We use reasonable administrative, organisational, and technical methods to protect personal data within our organisation. Unfortunately, no transmission or storage system can be guaranteed to be completely secure, and transmission of information via the internet is not completely secure. If a User has any reason to believe that their interaction with us is no longer secure (for example, if they feel that the security of their account might have been compromised), they should notify us of this problem immediately by contacting us here.

We understand that retention time can also impact the security of personal data and must be considered. In compliance with our obligations under the Data Protection Legislation, we only retain Users’ personal data for so long as necessary to meet the purposes for which it was collected.

Sharing of Personal information

PenK Software Inc. does not use Users' personal data to introduce them to third parties.

However, we may share certain personal data as follows:

Users’ read-only users

Users that have been granted access to read meeting notes and meeting agendas by PenK Software App Administrators).

If a User is using any Minite Maker feature that has been made available to them by a service provider who has signed as one of our users (e.g. scribe or meeting organizer), then all personal data uploaded by such Users will be available to that person who have access to the relevant meeting notes.

Other third parties We may share Users’ personal data with our third party service providers who need it to do work for us. For example:

As described above, we may share information with Analytics Services that assist us in the improvement and optimisation of our Site and Apps.

As described below, we may make available Users’ personal data to our third party data processing team who are based outside the EEA. Corporate restructuring We may share personal data when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.

Other disclosures We may share personal data for legal, protection, and safety purposes, in accordance with this Policy:

We may share information to respond to lawful requests and legal processes. We may share personal data to comply with laws or to allow us to enforce the terms of this Policy and/or our then current Terms and Conditions. We may share personal data to protect the rights and property of Minite Maker, our agents, customers, and others. This includes enforcing our agreements, policies and Terms and Conditions. We may share personal data in an emergency. This includes protecting the safety of our employees and agents, our customers, or any person. We may share personal data with those who need it to do work for us. For information on how we may also share Anonymous Data, see the section titled “Anonymous Data”.

International Data Transfer

All the personal data Minite Maker stores about its Users is stored on servers based outside the European Economic Area (“EEA”) by Digital Ocean LLC. If the location of our servers change in the future, we will update this Policy.

Users should note that their personal data is not stored in the EEA. In addition, Minite Maker’s support team (employees and contractors) may also have certain members of which are based outside the EEA, receive access to the content uploaded via the PenK Software Inc. Products. Members of our data extraction team are not given access to any personal data beyond any data which is outlined on any submitted items themselves – for example, they may be able to see a User’s name or address that is present on an invoice, but they will not have access to any other information about that User. PenK Software Inc. imposes strict contractual obligations on its employee and contractor team members to ensure data on any submitted items is secure, protected and treated in accordance with this Policy.

PenK Software Inc. uses various cloud-based systems and tools, including certain customer relationship management and marketing automation services (“Tools”) to allow us to provide PenK Software Inc. Products to our Users quickly and efficiently. For example, to help us manage our client relationships, we use third party software to manage our accounts and business data. As part of our use of the Tools, certain limited client and User profile information is sent to the providers of the Tools, some of whom are based outside the EEA. Where Users' personal data is sent by PenK Software Inc. to Tool providers based outside the EEA, we ensure such transfers are conducted in accordance with PenK Software Inc.’s obligations under the Data Protection Legislation.

By accepting this Policy, Users’ agree to the transfer of their personal data outside the EEA in accordance with the practices described in this Policy. We will take all steps reasonably necessary to ensure that such personal data is treated securely and in accordance with this Policy.

Automated Decision Making and Profiling

PenK Software Inc. does not use your personal data for the purpose of automated decision-making or profiling as those terms’ meanings apply in the context of the Data Protection Legislation. However, we may do so in order to fulfil obligations imposed by law, in which case we will inform you of any such processing and provide you with an opportunity to object.

Anonymous Data

The term “Anonymous Data” refers to data and information that does not permit an individual person to be identified or identifiable, either alone or when combined with any other information available to a third party. This may include data derived from personal data which is aggregated and compiled in anonymous form, Analytics Information and information collected from Cookies.

We may create Anonymous Data records from the personal data we receive about our Users and other individuals whose personal data is submitted to us. We make personal data into Anonymous Data by excluding information (such as a User’s name) that makes the data personally identifiable to them. We use this Anonymous Data to analyse requests and usage patterns so that we may enhance PenK Software Inc. Products, improve Site navigation and the functionality or performance of our applications.

We may use Anonymous Data for a number of purposes, which could include disclosing that Anonymous Data to third parties.

User option for privacy

Users may always opt not to disclose certain personal data, but that may mean that they will not be able to access certain PenK Software Inc. Products and their features. For example, a User's name and email address are necessary to complete the registration process.

If Users have a complaint about this Policy, please send it via email to this address. Users’ complaints will be filed and reviewed by a qualified member of the PenK Software Inc. team. If required, Users will receive a response to their message as soon as possible.

Changes to privacy policy

PenK Software Inc. may amend or change this Policy at its sole discretion at any time. The use of the personal data we collect at any given point is subject to the Policy in effect at the time of collection. Users should periodically check the Policy to make sure they understand the current Policy. Any time that changes are made to this Policy, we will change the 'Last Updated' date at the top of this document.

PenK Software Inc. will notify users by sending an email to the email address they have registered with their account, or post a prominent notice on the Site or within the Applications, before we implement any material changes regarding our privacy practices or this Policy.

Email communications

Although we do not use Users’ personal data to send them marketing emails, we may send non-marketing emails. Non-marketing emails include emails about Users’ accounts and our business dealings with them - for example, if any part of PenK Software Inc.'s applications are temporarily disrupted or suspended or if there are any upcoming features or developments to the PenK Software Inc. Products we need to communicate. In addition, please note that all Users will receive an automatic welcome email necessary to complete their registration process. If Users do not wish to receive these communications, they have the option of deactivating their account. Users may request that their account be deleted or deactivated from Minite Maker by sending an email here.

Your rights and privacy protection measures

The Data Protection Legislation gives you certain rights in respect of your personal data (listed below). PenK Software Inc. has implemented policies and procedures to ensure that it respects those rights. If you wish to exercise any of these rights, please contact us at and make clear:

(1) what personal data is concerned; and

(2) which of the rights below you would like to enforce

Opt-out
Users may contact us at any time to opt out of:

  • direct marketing communications (if applicable)
  • automated decision making and/or profiling (if applicable)
  • any new processing or your personal data we carry out beyond the original purpose for which we collected (which will be as described in this Policy); or
  • the transfer of your personal data outside the EEA.

Please note that your use of some of the Services may be ineffective upon opt-out – for example, if you opt out of the transfer of your personal data to parties outside the EEA, we will not be able to provide you with the vital services that our support teams provide.

Access
You may access the personal data we hold about you at any time by contacting us here.

Amend
You can also contact us to update or correct any inaccuracies in your personal data.

Portability
You are permitted to move your personal data to other service providers as you wish. This means that we are required to keep that personal data in a commonly-used, interoperable format to facilitate this transfer between providers. Please note that this right extends only to your personal data, it does not cover all information provided to or extracted from Transactions uploaded to our Services.

Erase and Forget
In some circumstances, such as when the personal data we hold about you is no longer relevant or is incorrect, you can request that we erase such personal data.

Please let contact us if you have any concerns about the operation of this Privacy Policy. If we are unable to resolve any issue you have a right to lodge a complaint with our supervisory authority. In the Canada this is The Privacy Commissioner of Canada

Third Party Sites

Our Site may contain links to and from websites of our partner networks, advertisers and affiliates. If Users follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Users should check these policies before they submit any personal data to these websites. The links to third party websites or locations are for convenience only and do not signify our endorsement of such third parties or their products, content, or websites. If Users disclose information to others, or authorise us to do the same under this Policy, the use and disclosure restrictions contained in this Policy will not apply to any third party. We do not control the privacy policies of third parties, and Users are subject to the privacy policies of those third parties where applicable.

Sensitive/Personally Identifiable Information

We request Users do not send us, and that Users not disclose, any sensitive personal data about themselves or anyone else (for example: social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through PenK Software Inc.'s products and services or otherwise to us.

Conditions of Use

use of this Site, the Apps, and all PenK Software Inc. Products is subject to this Policy and PenK Software Products' Terms and Conditions


Penk Software Terms and Conditions
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