Trecster Privacy Policy and Terms of Use

Effective as of April 15th, 2020

At Trecster Inc. (“Trecster”), your right to privacy is very important to us. We collect data through surveys and website usage (cookies) via Trecster’s proprietary software platform. In order to provide you with this service effectively, we collect certain specific information from you, and we also automatically collect information and data relating to the usage of our services by all our users, including you. Because we are committed to protecting your privacy rights and the information you provide to us, we have developed this privacy policy. It explains how we will protect your information and describes how we will use and share it.

This policy is concerned with the protection of personal information only. Personal information includes any data that can be used to identify you as an individual, including your name, income, personal opinion, interests, home contact information, identification numbers, user IDs, passwords, ethnic origin, and age.

Under Canadian law, personal information does not include:

– The name, title, business email, business address or telephone number of an individual when collected, used and disclosed solely for the purpose of communicating or facilitating communication with the individual in relation to their employment, business or profession;

– Aggregated information that cannot be associated with a specific individual.

Summary of Our Privacy Practices

This policy describes the following practices:

Collection and use of personal information
Sharing of personal information
Maintaining personal information
Contacting our Privacy Officer

This privacy policy may change from time to time to reflect Trecter’s internal needs, customer feedback or changes in applicable privacy legislation. Trecster will continually update this privacy policy and will post all such changes on our website. Please visit this page regularly.

NOTE: Trecster software and services are not intended for children under the age of 13. We do not knowingly collect or maintain any personal information or non-personally-identifiable information from anyone under the age of 13 nor is any part of our website, software or service directed to children under the age of 13. We will close any accounts used exclusively by such children and will remove and/or delete any personal information we believe was submitted by, or pertains to, any child under the age of 13.

A. Collection and Use of Personal Information

In order to use the services provided by Trecster, you may be required to provide specific information about yourself, such as your email and postal code. You may also disclose information about yourself and your opinions. We do not need information that personally identifies you, and whatever usage, views, or survey information we gather, we will keep this information in strict confidence. However, by using Trecster’s services, you acknowledge that you will be providing Trecster with information about yourself in the course of answering questions, posting views/opinions, and interactions with the Trecster platform. Any information you voluntarily provide Trecster that can be classified as personal information – all such personal information will be stored and maintained in accordance with this privacy policy.

Trecster may collect information about you in the following ways:

1. As part of your registration for Trecster’s services

Trecster offers the ability for you to choose options respecting the features of the services that you use. The amount and level of detail of the information you provide is completely up to you, so that you control the type of content that is sent to you by Trecster, to best suit your needs. The information you will be providing may include your email, your postal code, and your personal opinions. This information is kept confidential and stored securely by Trecster.

2. Automatically by Trecster’s software and services

Trecster’s software and services contain features that automatically collect information from users, such as usage statistics, and other tracking information. Although this information will not identify you personally, it nevertheless provides certain information about you, and we, therefore, treat it as personal information. Additionally, use of Trecster’s website and/or software may result in the collection of technical information such as your computer’s IP address, operating system, browser name/version, the referring web page, requested page, date/time, and sometimes a “cookie” (which can be disabled using your browser preferences); such information is used to help us understand the overall usage pattern of our website and software.

3. As part of your use of Trecster’s software and services

You have the ability to post information through Trecster’s services, such as reviews, comments, survey responses that may be viewed by users and third parties that also use Trecster’s website and services. . Please be advised that any personal information that you voluntarily post to any public forum or to any area where other users or third parties may legally access it, will NOT be considered confidential in any way, and Trecster will not have any obligation to protect it in a secured system or obtain your consent to its disclosure, as you will have made the decision to publicly post it. However, at your request, Trecster will be happy to change it, remove it, or restrict access to it (subject to technical feasibility) in order to protect the integrity of the personal information.

Please note that where you are submitting your information through Trecster’s software and services for the purposes of communication to Trecster or a third party client of Trecster, such as businesses or government organizations for aggregate data research , Trecster’s sole obligation is to maintain security respecting such communicated information while such information is in its systems; Trecster does not have the ability to view or change such information once it has been communicated or transferred to a third party. It is solely the third party’s responsibility to manage and protect the aggregate research and obtain your consent respecting any potentially personal identifiable information, and to handle your information in accordance with their policies. It is solely your responsibility to ensure that you are satisfied with such third party’s policies and protections relating to their use of your information submitted through Trecster’s software and services.

4. You may contact Trecster directly

When you contact any Trecster employee by telephone, e-mail, in person, or through our website, you will be asked to provide consent to the collection of personal information if your personal information will help us deliver the information, products, or services you require.

5. Responses to communications from Trecster

From time to time, Trecster may invite you to provide us with information for specific purposes. We may ask for this information through feedback features on our website or software; we may send out e-mail inviting feedback or offering products and services; or we may ask you for information concerning support of our products or services. Your response to these communications may require you to submit personal information and opinions.

B. Sharing your personal information

Subject to any exceptions stated above in the collection of information section, should Trecster collect any of your personal information, we will follow these practices regarding the distribution of that information.

Your personal information is always protected

Trecster uses reasonable precautions to protect personal information and store it securely. Access to your personal information is restricted to those personnel who need it, and Trecster takes reasonable steps to prevent the unauthorized use or disclosure of personal information. While Trecster puts in place reasonable precautions, we cannot guarantee at all times the security of the information. No method of transmitting or storing data is completely secure, particularly with regard to Internet applications.

Trecster only uses and discloses your personal information after receiving your consent, if it helps us provide and improve our products and services to both our users and clients, meet legal and regulatory requirements, or — to the limited extent possible — manage our internal business operations. Additionally, if there are any disclosure or use restrictions in your consent to the collection of your personal information, Trecster will abide by those restrictions (subject to the consent exceptions listed below).

For example, Trecster may combine your information with other information into an aggregate form, so your information no longer personally identifies you. We may then disclose the aggregate information to third parties, so they can obtain an overall picture of Trecster’s products, services, customer sectors and/or usage patterns.

We only share your information with your consent

Trecster provides information to third parties only in aggregate form for purposes to which you have consented – which consent shall be deemed if you choose to respond to surveys or questionnaires, post opinions and views, through the Trecster website and services – and we require such third parties to keep your information confidential.

In a few situations, Trecster may be required to disclose your information without your prior consent. For example, Trecster may disclose your information if we are required to do so by law, or if we believe in good faith that such disclosure is necessary to:

comply with the law or legal process
protect and defend our rights and property, or the rights and property of a third party
protect against misuse or unauthorized use of any of Trecster’s products, software, services, or other proprietary materials
protect the personal safety of any person
allow for a change of ownership of Trecsster and associated transfer of all personal information to the new owner of Trecster – this does not effect the protection of your information under this Privacy Policy

Trecster will always try to provide you with prior notice of such disclosure; however, such notice may not always be possible or reasonable given the circumstances.

C. Maintaining Your Personal Information

Trecster has established the following practices regarding the maintenance of your personal information.

You can request access to your personal information at any time

If, for any reason, you wish to review your personal information that Trecster has in its possession, you can contact our Privacy Officer, who will be pleased to provide you with all your personal information that Trecster has on file. This request must be sent in writing. Of course, if you have given your consent to participate anonymously in a survey conducted by Trecster, we will not have the means to identify any your participation and will not have the ability to review any personal information.

You can opt out of communications at any time

Additionally, you always have the choice of whether you wish to receive information – such as e-mail updates – from Trecster. In some cases, you may do so simply by changing the preferences in the software application through which Trescter provides the services.

If you do choose to opt out of communications respecting products and services provided by Trecster, you may not obtain all the benefits we could otherwise provide, such as updates. Trecster will not have any liability to you for your loss of those benefits or any negative effects respecting your use of Trecster’s products or services.

You can request that your personal information be destroyed at any time

A situation may arise where you desire to have all of your personal information that is contained in Trecster’s records deleted or destroyed. If this is what you wish, please contact our Privacy Officer, who will take care of removing your personal information from all of Trecster’s records. However, there may be situations where we are obligated to retain one archival copy of your information to allow us to comply with laws or respond to legal processes. We will inform you of all such situations, and will only use your retained personal information to the limited extent necessary to comply with such laws or respond to legal processes. As stated above, if you have given your consent to participate anonymously in a survey conducted by Trecster, we will not have the means to identify your participation and will not have the ability to review any personal information.

D. Contacting Our Privacy Officer

Trecster welcomes your comments about this privacy policy. For any queries please contact our privacy officer at info@trecster.com.

This privacy policy supplements any agreements you already have with Trecster, such as your User Agreement or website terms and conditions. Our privacy policy does not replace the terms of those agreements. By agreeing to those terms and using Trecster’s website, products, software, and services, you are consenting to the collection and use of your personal and aggregate information by Trecster in accordance with this privacy policy. This policy was written in accordance with the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA).

Terms of Use and Privacy Policy

Effective as of April 15, 2020

These Terms of Use (the “Agreement”) is a legal agreement between you and Trecster Inc. (“Trecster”) respecting your use of the Trecster application and services as described herein and on Trecster’s website. BY USING THE APPLICATION AND/OR SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you have any questions or concerns about the terms of this agreement, please contact us at info@trecster.com.

1. Definitions

1.1. “Services” has the meaning set forth in Section 2 below.

1.2. “Software” means the Trecster application that a user can use on a computer or supported mobile device in order to utilize the Services; the Software may be downloaded or accessed on the Internet.

2. The Services

2.1. What the Services are. Trecster will provide users with the ability to respond to surveys, questionnaires, and other feedback collection mechanisms posted by researchers and other data collectors (the “Services”) and the ability to view publicly accessible data from other sources. The Services are provided subject to the terms and conditions of this Agreement and posted for such Services on Trecster’s website (if any). These terms and conditions may be changed from time to time in Trecster’s sole discretion.

2.2. Information you must provide. In order to use the Services, you must:

(a) provide up-to-date, complete and accurate registration information if it is required to access any of the above services;

(b) be at all times in compliance with the terms and conditions of this Agreement and applicable law.

You specifically agree that Trecster may rely on the accuracy of the information provided by you to Trecster, and that Trecster will have no liability whatsoever, whether to you or to any third party, for any claims or damages resulting from inaccurate information provided to Trecster.

2.3. Discontinuing the Services. Trecster reserves the right to change, suspend or discontinue the Services at any time, including the availability of any feature or content, account access, or any promotion offered by Trecster. Trecster may also impose limits on the Services and/or terminate or restrict your access to parts or all of the Services without notice or liability.

2.4. Third Party Information. Use of the Services may contain references to third parties, links to third party websites or documents, and incorporates information obtained from third parties, such as survey and questionnaire information. ALL SUCH REFERENCES, LINKS AND INFORMATION ARE PROVIDED “AS IS”. As such third party information is not under the control of Trecster, Trecster is not responsible or in any way liable for their contents, including without limitation their accuracy, reliability, timeliness, or legality. Under no circumstance will Trecster be liable for any loss or damage caused by your reliance on information obtained through the Services, or contained on a third party linked site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Services, or obtained from a third party linked site. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third party website accessed through the Services and/or any other agreements entered into between you and such third party.

2.5. Data Collection. You acknowledge and agree that an integral part of the Services entails the collection of your information and data through surveys and other feedback mechanisms to which you voluntarily respond, and that Trecster may also collect data respecting your use of the Services to enable Trecster to better provide Services to you. Trecster may provide such information and data to third parties, subject to Trecster’s Privacy Policy.

3. Your Use of the Services

3.1. Restrictions and Parameters of Use.

The information and services offered on this Web site are provided with the understanding that neither Trecster.ca nor its Suppliers or users are engaged in rendering legal or other professional services or advice. Your use of the site is subject to the additional disclaimers and caveats that may appear throughout the site.

Trecster.ca and its Suppliers assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this site. While Trecster.ca strives to keep the information on this site accurate, complete, and up-to-date, Trecster.ca and its Suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.

In return for the ability to use Services rendered through Trectser you agree that:

(a) You will only use the Services in accordance with this Agreement and applicable law;

(b) You will be solely responsible for all activities with respect to the Services undertaken by you;

(d) You agree not to copy, reproduce, modify or alter any content on Trecster’s website (www.trecster.ca) in any respect, merge with other data, disseminate in any form, enter into a computer database, use as part of or in connection with a mailing, fax, or e-mail list, or otherwise utilize in any form or manner, in whole or in part. The prohibited uses include “screen scraping”, “database scraping” and any other activity intended to collect, store, reorganize or manipulate the information contained in Trecster’s website.

(e) You represent and warrant that you have the right and the authority to enter into this Agreement and to use the Services, and will provide accurate information to Trecster;

(f) You will not in any way use the Services to transmit harassing, abusive, libelous, illegal or deceptive messages or information, or to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious acts;

(g) You will not alter, modify, delete, or otherwise interfere with or in any manner compromise the Services or Software or any content accessible through the Services;

(h) You will cooperate with Trecster and provide information requested by Trecster to assist Trecster and/or relevant authorities in investigating or determining whether there has been a breach of this Agreement or applicable law.

Without limiting the foregoing, you agree not to violate any applicable laws, the rights of others, or the operational and security mechanisms of the Services.

3.2. Permission to Use Your Submissions. You agree that any material, information or idea that you post on or through the Services or the Software, or that you otherwise transmit by any means to Trecster and/or researchers and data collectors using the Services (each, a “Submission”), is considered non-confidential and may be disseminated or used by Trecster or any third party without compensation or liability to you for any purpose whatsoever. This provision does not apply to personal information that is subject to Trecster’s Privacy Policy except to the extent that you make such personal information publicly available on or through the Services. Notwithstanding the foregoing, Trecster reserves the right to remove any Submission from the Services if such Submission violates this Agreement or any other written policy or terms of use published by Trecster from time to time, or is otherwise objectionable, as determined by Trecster, in its sole discretion.

4. The Software

4.1. License Grant. Trecster hereby grants you a personal, non-exclusive, revocable, non-transferable license to use the Software in accordance with the terms of this Agreement, solely for the purposes of using the Services.

4.2. Restrictions on Software Use. You shall not:

(a) copy, reproduce, modify, enhance, improve, alter, reverse engineer, disassemble, deconstruct, translate, decrypt, reverse compile or convert into human readable form the Software or any part thereof;

(b) distribute, assign, license, sublicense, lease, rent, transfer, sell or otherwise provide access to the Software, in whole or in part, to any third party on a temporary or permanent basis;

(c) remove, deface, cover or otherwise obscure any proprietary rights notice or identification on the Software (including without limitation any copyright notice);

(d) copy any written materials accompanying any portion of the Software unless specifically authorized in writing to do so by Trecster; or

(e) use the Software in any way inconsistent with the use parameters for the Services;

For the purposes of this provision “copy or reproduce” shall not include copying of statements and instructions of the Software during program execution when used in accordance with and for the purposes described in the user documentation or in the course of making backups of the computer or system on which the Software is installed, in accordance with industry standard business practices.

4.3. Compliance with Laws. You hereby represent and warrant that (i) you are not located in a country that is subject to a Canadian or U.S. Government embargo, or that has been designated by the Canadian or U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any Canadian or U.S. Government list of prohibited or restricted parties.

5. Privacy and Confidentiality

5.1. Personal Information. Your personal information will be handled in accordance with Trecster’s Privacy Policy. To view Trecster’s Privacy Policy, please visit the following link: https://Trecster.com/privacy-policy. Notwithstanding the foregoing, Trecster reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

6. Intellectual Property Rights

6.1. Ownership of Intellectual Property. You acknowledge that the Software is owned by Trecster, who retains all right, title and interest therein, and is protected by Canadian, U.S. and international copyright laws. You do not acquire any intellectual property or other proprietary rights under this Agreement, including without limitation any right, title or interest in and to patents, copyrights, trade-marks, industrial designs, confidential information, or trade secrets, whether registered or unregistered, relating to the Software, the Services, or any part thereof. Your only rights to the Software, the Services and any part thereof shall be those rights expressly licensed or granted to you under this Agreement. Any rights not expressly granted under this Agreement are reserved.

7. Disclaimer of Warranties

7.1. No Warranty. The Software and Services are provided to you “AS IS” without warranty or conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Trecster assumes no responsibility for any errors, omissions or inaccuracies whatsoever in the information provided through the Services or Software. Under no circumstances will Trecster be liable for any loss or damage caused by your reliance on information obtained through use of the Services or the Software. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information provided, and use of the Services and Software is solely at your own risk. Trecster has no special relationship with or fiduciary duty to you, and you acknowledge that Trecster has no control over, and no duty to take any action regarding any acts or omissions taken by you or any researcher or data collector using the Services, including without limitation: (a) what material you access on or through the Services, or (b) how you may interpret or use materials accessed through the Services, or (c) the surveys, questionnaires or other feedback mechanisms posted by researchers or data collectors through the Services. Trecster makes no representations or warranties whatsoever concerning any information obtained through the Services, and Trecster will not be responsible or liable for the accuracy, copyright compliance, legality or decency of any material contained in or accessed through the Services. Some jurisdictions do not allow the exclusion of certain warranties, so the above limitations or exclusions may not apply to you.

8. Limitation of Liability

8.1. Damages. The only type of damages that can be recovered against Trecster arising from or related to this Agreement including without limitation in relation to the provision of the Services, shall be your direct damages, if any, arising from Trecster’s gross negligence or wilful misconduct. Without limiting the foregoing, your only right with respect to any problems or dissatisfaction with the Software is to uninstall and cease use of such Software.

8.2. No Liability. Except for the limited direct damages specified above, to the maximum extent permitted by law, in no event shall Trecster be liable for any damages whatsoever (including, without limitation, indirect, special, incidental, exemplary or consequential or punitive damages) whether or not such damages were foreseen or unforeseen including without limitation the use of or inability to use the software or services, even if Trecster has been advised of the possibility of such damages.

9. Indemnification

9.1. Your Responsibility for Claims. You agree to indemnify, defend and hold harmless Trecster, its parents, subsidiaries, affiliates, officers and employees, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of: (a) your access to the Services, the Software, and any content obtained by you through the Services or Software, (b) your use or misuse of the Services and/or Software, (c) any breach of this Agreement by you, or (d) your violation of any third-party rights or any applicable laws. Trecster reserves the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Trecster, at your expense, in asserting any available defences.

10. Termination

10.1. Your Termination. You may terminate this Agreement at any time upon notice to Trecster. Upon any termination of this Agreement for any reason (whether by you or by Trecster), you must cease all use of the Services and Software and destroy and/or permanently delete all copies of the Software in your possession.

10.2. Trecster’s Termination. Trecster reserves the right, in its sole and complete discretion, to revoke your authorization to use the Services at any time with or without cause, for any reason or no reason. Upon termination of your account, your right to use the Services and/or access any materials through the Services will immediately cease. Any fees paid by you are non-refundable. All restrictions contained in this Agreement shall survive the termination of your right to use the Services.

10.3. Trecster’s Rights on Termination. Without limiting other remedies, Trecster may limit your activity, warn other users of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide Services to you if: (a) you breach this Agreement; (b) Trecster is unable to verify or authenticate any information you provide; or (c) Trecster believes that your actions may cause financial loss or legal liability for you, other users or Trecster.

10.4. No Exclusive Remedy. The above-described actions are not Trecster’s exclusive remedies and Trecster may take any other legal, equitable or technical action it deems appropriate in the circumstances. Trecster will not be liable for any damage caused by the termination of this Agreement.

11. General Provisions

11.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between the parties. There are no provisions, representations, undertakings, agreements, or collateral agreements between the parties other than as set out in this Agreement.

11.2. Governing Law. This Agreement is governed by the laws of the Province of Ontario, Canada, without regard to conflict of laws provisions, and you agree to submit to the exclusive jurisdiction of the courts located in the Province of Ontario, Canada. The parties expressly agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to this Agreement or to any contracts relating to goods or services obtained through this site.

11.3. Severability. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in full force and effect.

11.4. English Language. It is the express will of the parties that this Agreement and all related documents have been drawn up in English.

11.5. Age Restriction. If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this Agreement according to age and you are under such a jurisdiction and under such age limit, you may not enter into this Agreement and download, install or use the Software. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to use Software or Services of this type, you may not enter into this Agreement and you may not download, install or use the Software. By entering into this Agreement you explicitly state that you have verified in your own jurisdiction if your use of the Software and Services is allowed.

12. Contact

12.1. If you have any questions regarding this Agreement, or if you have any questions, complaints, claims or other legal concerns relating to Trecster or its business, please contact Trecster at info@trecster.com.