Published on October 3, 2023
Workleap Platform Inc. offers an online platform commercialized as "ShareGate by Workleap" (“ShareGate”). Workleap Platform Inc. understands the importance of protecting personal information. For this reason, Workleap Platform Inc. strives to have business procedures and security safeguards in place to protect personal information under its control.
Last update: 2023/10/30
1. Application and Scope
This Policy is intended to establish responsible and transparent practices for the management of personal information and to satisfy the relevant and applicable legal requirements. This Policy sets out the standards, responsibilities and obligations of Workleap in respect of any personal information collected, accessed or processed by Workleap in the course of its business operations and specifies the obligations of Workleap that arise from the End User License, Maintenance and Support Agreement (the “EULA”) governing the use of ShareGate, entered into between Workleap and its corporate customers (each, a “Customer”), whereby Workleap might handle or have access to personal information.
2. International Compliance
Workleap complies with: (i) data protection laws applicable to Workleap; (ii) anti-spam laws applicable to Workleap; and (iii) applicable industry standards concerning data protection, confidentiality or information security. Workleap has global operations and therefore, in some cases, information managed by Workleap may be transferred, processed and stored in other countries, although at all times, Workleap will ensure that personal information is protected by confidentiality and security procedures and protections that are, at a minimum, equivalent to those employed by Workleap itself.
Workleap complies with this Policy as well as applicable Canadian private sector data protection laws such as the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and substantially similar provincial laws pertaining to the collection, use and disclosure of personal information. PIPEDA provides for an adequate protection of personal information according to the European Commission Decision of 20 December 2001 pursuant to Directive 95/46/EC of the European Parliament and the Council.
Where applicable, our commitment to the General Data Protection Regulation (Regulation (EU) 2016/679) may be found in our Data Processing Addendum.
3. Definition of Personal Information
“Personal Information” is defined as any information about an identifiable individual. This may include, for example, email addresses and contact details and any similar information provided to Workleap in the course of its business operations, or which Workleap may receive from business inquiries. Personal Information that is aggregated and/or anonymized and cannot be associated with an identifiable individual is no longer considered Personal Information.
4. Collection and Use of Personal Information Through ShareGate
When providing ShareGate, Workleap only processes personal information in accordance with the EULA and applicable laws. Workleap generally uses personal information from or about its Customers or which is received from Customers and belongs to their own customers or end users (hereinafter referred to as “Customer’s Personal Information”) in furtherance of the following purposes:
- to create, establish and administer Customer’s subscription to ShareGate, to respond to Customer inquiries related to its subscription and to contact Customer about Workleap’s products or subscription-related matters;
- to provide products, including to provide Customer with ShareGate and customer support related to ShareGate;
- to manage and develop Workleap’s business and operations;
- to measure and analyze User behavior;
- to monitor, maintain and improve ShareGate’s features;
- to understand how Users interact with ShareGate and ensure our services, products or features work correctly;
- to develop new services, products, features, programs and promotions;
- to understand Customers and Users’ needs and preferences and customize how we tailor and market products and programs to our Customers and Users based on their interests;
- to meet legal and regulatory requirements and to allow Workleap to meet contractual requirements relating to the products provided to Customer, including ShareGate;
- to conduct surveys on the quality of ShareGate’s products or to collect feedbacks on such products;
- to provide Customer with offers for additional services, features and products that Workleap believes may be of interest to Customer;
- to conduct market or benchmarking research and data analytics by tracking and analyzing current or previously collected Personal Information; and
- to measure the effectiveness of our marketing.
When possible, Workleap will use Personal Information in an aggregated and/or anonymized format.
Unless required or authorized by law, when providing products, Workleap will not use personal information for any other or new purpose without obtaining its Customers’ consent.
5. Collection and Use of Personal Information Through the Website
Workleap generally collects and uses Personal Information from or about its Website users in furtherance of the following purposes:
5.1. Information provided by users. In many cases, Workleap collects Personal Information directly from users when they visit or use the Website. For instance, Workleap may collect the following types of information:
- Inquiries. Workleap may collect users’ name, contact information, e-mail address and any information provided when users make an inquiry or contact Workleap through the Website, download documentation or gated content from the Website, sign up for a webinar through the Website and/or sign up to receive Workleap’s newsletter.
- Requests for a Trial and/or Product. Workleap may collect users’ name, contact information, e-mail address and any other information provided to Workleap when users submit a request or an order for a trial and/or product.
- Personalization of Website. When users visit the Website, they may, from time to time, be invited to provide information such as user’s title and company size to help Workleap personalise or customise the user’s experience when using the Website.
5.2. Technical Information. When users visit the Website, Workleap may collect, using electronic means such as cookies, technical information. This information may include information about visits to the Website, including IP address of the users’ computer and which browser was used to view the Website, the users’ operating system, resolution of screen, location, language settings in browsers, the site the user came from, keywords searched (if arriving from a search engine), the number of page views, information entered, advertisements seen, etc. This data is used to measure and improve the effectiveness of the Website or enhance the experience for users. While most of the time this information is depersonalized, if this information relates to an identifiable individual, Workleap will treat this information as Personal Information. Workleap may also, without limitations, collect and use the following type of information when users visit and/or interact with Workleap on the website:
- Google Analytics: Workleap uses Google Analytics which allows it to see information on user website activities including, but not limited to, page views, source and time spent on our Website. This information is depersonalized and is displayed as numbers, meaning that it cannot be tracked back to individuals. Users may opt-out of Workleap’s use of Google Analytics by visiting the Google Analytics opt-out page.
- Drift/Marketo: Workleap uses Drift and Marketo which allows it to see information on user website activities including, but not limited to, page views, source and time spent on our website. However, this information is not depersonalized and users may not opt-out of Workleap’s use of Drift or Marketo.
- Google AdWords: Workleap uses Google AdWords Remarketing to advertise ShareGate across the Internet and to advertise on third-party websites (including Google) to previous visitors to the Website. AdWords remarketing will display ads to users based on what parts of the Workleap Website they have viewed by placing a cookie on the users’ web browser. It could mean that Workleap advertises to previous visitors who haven’t completed a task on the Website or this could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. This cookie does not in any way identify the user or give access to the users’ computer or mobile device. The cookie is only used to indicate to other websites that the user has visited a particular page on the Website, so that they may show the user ads relating to that page. If users do not wish to participate in Google AdWords Remarketing, they can opt out by visiting Google’s Ads Preferences Manager.
5.4. Privacy Policies of other Websites. This Policy only addresses the use and disclosure of information by Workleap. Other websites that may be accessible through the Website have their own privacy policies and data collection, use and disclosure practices.
5.5. Personal Information from other Sources. Workleap may obtain from third parties additional Personal Information about a Website user if such user gave permission to those third parties to share their information.
6. Legal Bases for Processing Personal Information
Pursuant to privacy laws applicable in the European Economic Area and in the United Kingdom, Workleap collects and processes Personal Information about individuals under a variety of legal bases, depending on the reason for such collection or processing. Workleap shall only collect, process or use Personal Information where:
- Personal Information is required to provide ShareGate and all services ancillary to the proper functioning of ShareGate, such as support services, to provide a personalized experience, and to ensure the safety and security of ShareGate;
- The Customer or User gave Workleap consent to use Personal Information for a specific purpose (including for a purpose listed under Section 4 hereof);
- Processing of Personal Information is necessary to comply with a legal obligation;
- Processing of Personal Information is warranted by a legitimate Interest of Workleap (which is not overridden by your data protection interests), such as the purposes listed in paragraphs (g), (h) and (i) of Section 4 hereof, or to protect Workleap’s legal rights and interests.
7. Sharing of Personal Information and Usage Data
Workleap will not sell, rent or trade personal information to any third party. However, Workleap may share personal information when authorized and/or required by law or as follows:
7.1. Within Workleap. We may share Personal Information within Workleap (i.e. between our affiliates and subsidiaries) in Canada for the purposes described in Sections 4, 5 and 6 of this Policy.
7.2. Service Providers. Workleap may grant access to Personal Information to third-party service providers in connection with the performance or the improvement of its Website and products. Before sharing any Personal Information with any of its third-party service providers, Workleap will ensure that the third party maintains data management practices for maintaining the confidentiality and security of Personal Information and preventing unauthorized access which comply with applicable industry standards and privacy laws.
7.3. As Permitted or Required by Law. Workleap may disclose Personal Information as required by applicable law or by proper legal or governmental authority. Workleap may also disclose information to its accountants, auditors, agents and lawyers in connection with the enforcement or protection of its legal rights. Workleap may also release certain Personal Information when it has reasonable grounds to believe that such release is reasonably necessary to protect the rights, property and safety of others and itself, in accordance with or as authorized by law. In the event Workleap receives a governmental or other regulatory request for any Customer’s Personal Information, it agrees to immediately notify Customer in order that Customer shall have the option to defend such action. Workleap shall reasonably cooperate with Customer in such defense.
7.4. Business Transaction. Workleap may disclose Personal Information to a third party in connection with a sale or transfer of business or assets, an amalgamation, re-organization or financing of parts of our business. However, in the event the transaction is completed, Personal Information will remain protected by applicable data protection laws. In the event the transaction is not completed, Workleap will require the other party not to use or disclose the Personal Information received in any manner whatsoever and to delete such information.
7.5. Microsoft Software. The Migration Tool includes software provided by Microsoft Corporation (Microsoft Defender SmartScreen and the Evergreen WebView2 Runtime Bootstrapper) that may collect information about Users’ use of that software and send information to Microsoft Corporation to provide services as disclosed in Microsoft Corporation’s Privacy Statement. For Users on Windows 7 and 8.1, this software may periodically check for updates, and download and install them on the User’s device without any additional notice.
8. Security of Personal Information
Workleap will store and process the Personal Information in a manner consistent with industry security standards. Workleap has implemented technical, organizational and administrative systems, policies, and procedures to help ensure the security, integrity and confidentiality of personal information and to mitigate the risk of unauthorized access to or use of personal information, including (i) appropriate administrative, technical and physical safeguards and other security measures designed to ensure the security and confidentiality of the personal information it manages; (ii) a security design intended to prevent any compromise of its own information systems, computer networks or data files by unauthorized users, viruses or malicious computer programs; (iii) appropriate internal practices including, but not limited to, encryption of data in transit or at rest; using appropriate firewall and antivirus software; maintaining these countermeasures, operating systems and other applications with appropriate reasonable up-to-date virus definitions and security patches so as to avoid any adverse impact to the Personal Information that it manages; appropriate logging and alerts to monitor access controls and to assure data integrity and confidentiality; permitting only authorized users access to systems and applications; and (iv) all persons with authorized access to Personal Information must have a genuine business need-to-know prior to access (“Security Program”).
9. Training and Supervision
Workleap maintains adequate training programs to ensure that its employees and any others acting on its behalf are aware of and adhere to its Security Program. Workleap shall exercise necessary and appropriate supervision over its relevant employees to maintain appropriate confidentiality and security of the Personal Information it manages.
10. Data Incidents Involving Customer's Personal Information
Workleap shall promptly notify Customer of a data breach, of a loss of data or of a failure of Workleap’s Security Program:
- (a) which has resulted or is suspected to have resulted in the loss, unauthorised access, disclosure, use or acquisition of Personal Information (including hard copy records); and
- (b) which, in Workleap’s opinion, presents a real risk of significant harm to individuals whose Personal Information is impacted (“Data Incident”).
While the initial notice may be in a summary form, a comprehensive written notice shall be given to Customer within the legally required timeframe, where applicable. The notice shall summarize in reasonable detail the nature and scope of the Data Incident (including each data element type) and the corrective action taken or to be taken by Workleap. Workleap shall promptly take all necessary and advisable corrective actions, and shall cooperate with Customer in all reasonable efforts to mitigate the adverse effects of Data Incidents and to prevent their recurrence.
11. Users Legal Rights Regarding Personal Information
To the extent that Workleap’s processing of Personal Information is subject to the General Data Protection Regulation (Regulation (EU) 2016/679) or to the Data Protection Act 2018 and the GDPR as saved into United Kingdom law by virtue of Section 3 of the United Kingdom’s European Union (Withdrawal) Act 2018, Workleap relies on the legal bases described under section 6 hereof to process Personal Information. Subject to applicable laws, Users also have the right to: (i) access and rectification or erasure of Personal Information, to the extent that Workleap may need to retain certain Personal Information, including for record keeping purposes or to comply with legal obligations; (ii) restrict or object to Workleap’s use of Personal Information (though, in some cases, this may mean no longer using ShareGate or the Website) where Workleap is relying on a legitimate interest (or those of a third party) and there is something about User’s particular situation which impacts on User’s fundamental rights and freedoms; (iii) lodge a complaint with their local data protection authority (contact details for data protection authorities in the European Economic Area are available here); and (iv) data portability. Users will not have to pay a fee to exercise such rights, however, Workleap may charge a reasonable fee or refuse to comply if the request is unfounded, repetitive or excessive.
12. How to Contact Us
Any questions, complaints or requests regarding this Policy or Workleap’s handling of Personal Information can be addressed to Workleap’s customer service at:
Workleap Platform Inc.
Attention: Data Protection Officer
1751, rue Richardson, Suite 1.050
Montréal (Québec) H3K 1G6
A User who seeks to exercise his/her data protection rights referred to in Section 11, in respect of Personal Information stored or processed by Workleap on behalf of a Customer (typically the User’s employer), must direct his/her query to such Customer, as being the data controller. If Workleap receives such User’s request to exercise his/her data protection rights referred to in Section 11 (including for access to or correction of Personal Information), Workleap shall redirect the User to Customer and, upon request from Customer, shall assist Customer in responding to such request, if applicable.
Our Data Protection Officer will attempt to respond to your request within the legally applicable timeframe, and in any case no later than 30 days after receipt of such request. We will advise you in writing of our response to your request. Should we refuse to grant your request, we will inform you of the legal reason of our refusal, and we will apprise you of remedies available to you and of the time limit for exercising them.
Should you be unsatisfied with the outcome of your request, you may lodge a complaint with Workleap’s supervisory authority, the Commission d’accès à l’information.
Workleap will review and update its policies and procedures as required to keep current with rules and regulations, new technologies, standards and customer concerns. This Policy may therefore change from time to time.