Privacy Policy

This Privacy Policy was last updated December 12, 2019

Introduction

Phoenix Software takes matters of privacy and information seriously. Please read the following to learn more about our privacy policy (“Privacy Policy”). This Privacy Policy applies to the use of our Sites by both Consumers and Users. “User(s)” means individuals, companies and other organizations or persons using our Products (“Real Estate Platform” or “REP”). Except as otherwise indicated, Users, consumers and other persons using the Sites are individually and collectively referred to as “you,” and Phoenix Software Inc., is referred to as, “Phoenix Software”, “we”, “us” and “our.” “Consumer” generally includes any visitor to or user of the Sites. The Phoenix Software Products are committed to implementing policies and procedures designed to provide for privacy and security and deliver the best possible online experience. To that end, we want you to understand what kinds of information we gather about you, how this information, particularly Personal Information (defined below), is used and safeguarded, and how you can control its use. In conjunction with this Privacy Policy, you should also review our Terms of Use for a more complete understanding of the rules governing our Sites.

What Information is Collected About Me?

Information You Give Us: Information collected from you will vary, depending on how you access, visit, use or otherwise take advantage of the Sites and what information you may choose to provide to us (whether through email or otherwise). “Personal Information” means individually identifiable information about you that we collect online or otherwise through the Sites, including, but not limited to, your full name, a user name and password, email address, phone number. It may be possible to browse various sections of the Sites without submitting any Personal Information. Individually identifiable information will not be considered Personal Information, and will not be restricted by this Privacy Policy as to use, sharing or otherwise, if it is (a) in a form that is aggregated with other information, anonymized or otherwise processed so as not to be reasonably identifiable with you, or (b) in a form that otherwise is detached, combined, organized, segmented, modified or processed so as not to be reasonably capable of being associated with you. If you access, visit, use or otherwise take advantage of certain of our products and/or services, or certain of our tools, Sites or Site functionality, we may receive or you may be asked to provide Personal Information. You can choose not to provide us with Personal Information, but then you may not be able to fully take advantage of certain features of our Sites and we may not be able to provide you with certain requested information, products and/or services. Automatic Collection of Information: Like many websites or media on or using the Internet, we automatically track certain information about you as you access, visit, use or otherwise take advantage of our Sites; this is for various reasons, including to help us (i) better understand, offer, operate, improve and modify the Sites, (ii) better understand how the Sites are used and experienced and (iii) enhance, or better understand how we can enhance, your or others’ overall experience on one or more of the Sites, including suggested content and other information that is relevant to you. This tracked or automatically gathered information may include, among other things, your computer’s IP (Internet Protocol) address, identification number or location, the URLs and Site pages you’ve visited, sections of or content on Site pages on which you click or in which you are interested, the number of times you visit each Site page, what downloads and/or search queries you have made, when emails are opened or links are clicked, how long you spent on particular sections of each Site and on each Site generally, and information about your computer, browser or operating system type. This automatically gathered data includes information provided through the use of “cookies” (which is described in more detail below) and other technology or methods described in the paragraph below and may also include information gathered in connection with your use of third-party websites and media. Although not restricted by this Privacy Policy, we may also gather and use information, generated our self or obtained from others, derived from or based on information you have provided or that is obtained by way of the collection means referred to in this Privacy Policy (e.g., automatically).

Information Sharing– How Is Information About Me Used and Shared?

The use of information about you depends on the context in which it is collected. Therefore, pay special attention to the categories below that relate to the features of the Sites that you wish to utilize.

Personal Information

We may share the Personal Information we collect from you with your consent or under the following circumstances or understandings. User-Requested Services and Information: Certain features, products or services on or of our Sites may seek or obtain Personal Information from or about you, which may be used in the following ways: For information, features, products and services provided by the Sites, the information you submit is used by us to provide the information, feature, product or service you’ve requested. We may also share this information with others to fulfill your request or to facilitate your use of the information, features, products or services, or as otherwise outlined in this Privacy Policy. When sharing Personal Information in such a manner, we may also share your computer’s IP address, identification number or location.

We may use other companies and individuals (1) to perform supporting functions for the various tools, functionality, information, products and services offered through our Sites on our behalf, (2) to perform or support various tasks or initiatives instrumental to the business of, or related to operating or improving, the Sites or (3) to assist us in testing, maintaining or improving the features, content or effectiveness of the Sites or in performing research or development. These service providers may be permitted to receive from us and use information collected from you but will not be authorized by us to use Personal Information for any other purpose other than in connection with performing the support functions for Phoenix Software.
For information, features, products and services marketed or offered to you jointly or on a coordinated basis by us and a third party, Personal Information may be shared with or independently gathered by the third party. In these situations, Phoenix Software will be free to use Personal Information to facilitate such information, features, products and services (or information about them) being made available to you and as otherwise outlined in this Privacy Policy, and you understand the third party may use the information in different ways. Although not always the case, you often can tell when information, features, products or services are marketed or offered jointly or in coordination with a third party because a page or area of the Sites often will be “co-branded” in such cases, will display the third party’s logo and/or name (whether or not along with our own), will describe or reference the relationship between Phoenix Software and the third party or will be set up so that you can contact or be linked to the third party or its website to initiate, complete or learn more about the transaction. Please be aware that each company we do business with (including, without limitation, Users and Providers, each as defined herein) has its own policies regarding its use, sharing and protection of information about you and that such policies may differ from those outlined in this Privacy Policy.

User-Initiated Communication: From time to time, portions of the Sites may enable you to send email and other types of messages to us or to third parties. All such emails and messages become our property once you submit them. Your computer’s Internet Protocol (IP) address may be included in any email that you send, whether to us or to third parties. Whenever you choose to initiate these kinds of communication with us, or anyone else, you may be contacted in return. Leads and Referrals. If you participate in or inquire about any lead, referral or similar service we may offer:

We may use the information you submit, as well as other data we might have or obtain ourselves or from other sources, to determine which of our participating User(s) may be willing, able and/or compatible to serve your needs or possible interests and to assist them or others in doing so. We may forward or share information relating to you, which may include such information as well as Personal Information obtained through our sign-up form or otherwise, to certain User(s), which may sometimes include multiple Users (such as in cases where a given Users has a marketing or business relationship with one or more other Users and designates them to receive such information, or in cases where the nature of a product, service or feature offered on or through a Site is designed to involve participation by multiple Users). Those Users or their affiliates, contractors, advertisers, agents or other designees may use such information and contact you regarding your needs or possible interests, as may we ourselves. The following paragraph applies only to Users; others may not infer any commitments or assurances from such following paragraph.
This paragraph applies only to Users. Users might receive information from, or originating from, consumers seeking the User’s products or services or related information. These information submissions or related inquiries or leads might include, without limitation, Personal Information. Because protecting personal privacy is important, we require that Users treat data received from Phoenix Software consumers as if it was still on the Sites and in accordance with this Privacy Policy. Users may use the information sent to them via our Sites only for the purposes of providing the consumer products and/or services about which the consumer inquired or such purpose(s), if any, specified by us in connection with such information being made available to you. We require that Users not make any other use of any such data and that Users otherwise not share or transmit this information with or to any third party without the consumer’s consent.

Protection of rights: We will release Personal Information or other information we collect from you if we believe that such action is appropriate to: (1) comply with legal process; (2) enforce the Terms of Use agreement for the applicable Site; (3) identify, contact or bring legal action against persons or entities who we believe have caused or might cause injury to us or a third party, (4) defend or respond to claims brought or threatened against Phoenix Software, its employees, directors, suppliers or service providers, Site users or others or (5) otherwise protect or assert the rights, property, interests or personal safety of Phoenix Software, its employees, directors, suppliers or service providers, Site users or others. Any such release decisions may be made by us in our sole discretion. Asset transfers : We continue to develop our business and in doing so might choose to buy or sell, or expand or otherwise restructure (e.g., by way of joint ventures) with respect to, businesses or assets. Personal Information and other information we collect from you is generally one of the assets acquired, transferred or otherwise shared or affected in connection with such transactions. Consumers: Unless you specify that you would prefer not to hear from us, we may use the email address and other information (including Personal Information) you provide at the time of registration to contact you for promotional or other purposes. You may have promotional email communications terminated at any time by opting out through your member profile on the applicable Site, or by clicking on any “unsubscribe” link contained in a promotional email. Please be aware that opting out on one of our Sites, does not opt you out from any of our other Sites unless that option is specifically provided. If you would like to request to opt out with respect to all of the Sites please email privacy@phoenixsoftware.ca with your requests. The following paragraph applies only to Users; others may not infer any commitments or assurances from such following paragraph. Users: This paragraph applies only to Users. We may offer a newsletter, electronic flyer or similar material to keep Users abreast of the products and services on the Sites or other professional products and services. Information provided by Users for the purposes of offering the Users’s products and services to others via one or more of the Sites will be shared with others, including consumers accessing or using one or more of the Sites. To the extent such information is necessary to offer such products and services it typically will be posted on the applicable Site(s). This may include, without limitation, the User’s full name, email address, phone number and any other data intended to help consumers identify or contact the User or related to the User’s products or services. Careers: If you submit an application for employment on our Careers page, we will use the information you provide about yourself to process your application. We may also use such information for Phoenix Software’s recruitment, management and planning programs. We may share information about you with our affiliates and with third-party service providers in connection with human resources functions. Additional Limits on Our Use of Your Google User Data: This section applies only if (i) you are a User who subscribes to our REP roduct and/or REP CRM product and (ii) you have opted to link a Google account to the REP CRM product. Notwithstanding anything else in this Privacy Policy, if you provide us access to the Google data types described below in connection with the REP CRM product, our use of that data will be subject to these additional restrictions: REP CRM will only use access to (i) read, process, and send Gmail message bodies (including attachments), metadata, headers, and settings to provide REP CRM with the ability to read, process, and send emails and (ii) read, process, and create Google Calendar events to provide REP CRM with the ability to read, process, and create Google Calendar events. REP CRM will not transfer this Gmail data or Google Calendar data to third parties unless doing so is necessary or advisable to provide or improve these features, comply with applicable law, or as part of a merger, acquisition, or sale of assets. REP CRM will not use this Gmail data or Google Calendar data for serving advertisements. When sharing Personal Information in accordance with this Privacy Policy, we may also share your computer’s Internet Protocol (IP) address, identification number or location. Phoenix Software is not restricted as to information, including Personal Information, except as described in this Privacy Policy or by applicable law.

Sharing of Non-Personal Information

Automatically Gathered Information: Information that is automatically, electronically or otherwise gathered, including through the use of cookies and other technology, may be shared among the Sites. It may also be shared with other third parties, including listing providers, advertisers, service providers and others, so that we may better understand how the Sites are used, to enhance the overall experience on the Sites Sites and to provide you with more relevant advertising on our Sites and on third-party sites where we advertise (see the paragraph titled “Interest-Based Advertising” below) and otherwise in connection with our operation of the Sites and conducting related business. But when so shared with third parties, any Personal Information will be included for such purpose(s) only if first put in aggregated, de-identified or other protected form (see “Information You Give Us,” above) or the third party will be contractually or otherwise restricted as to the use of such Personal Information (for example, restricted to use only in connection with the purpose for which it was shared by Phoenix Software.)

How Can I Access and Change Personal Information?

To view, edit or delete the Personal Information that you submitted on the Sites during registration or during the purchase of a product or service, or that you otherwise submitted as described above: Consumers: Follow the instructions found in the “My Profile” or “Edit Your Profile” area of the Site(s) where you registered or submitted Personal Information. If you would like us to no longer use or share with our affiliates, partners or other service providers, Personal Information we may gather from you to market information to you, please send a request to Privacy@phoenixsoftware.ca. Users: Users may edit Personal Information the User has submitted by returning to the area of the Site where the User registered and modifying the information there, or by contacting privacy@phoenixsoftware.ca. By contacting Customer Care to make such changes, Users expressly authorize Customer Care to access Personal Information and any associated data or accounts for the purposes of completing the User’s requested edits, modifications and/or deletions. Any change you request regarding Personal Information may adversely affect or otherwise change the availability, deliverability or quality for you of information, features, products or services in which you are interested or your experience on or relating to the Sites.

How Is Personal Information Protected?

Whenever Personal Information is stored on our computers (which may be for an indefinite period, or a more limited time based on obsolescence or other factors), that information is protected from unauthorized access or use by way of passwords or other industry-acknowledged means. In addition, servers of ours that store this information are located behind a firewall. We will only electronically transmit or ask for this information over secure Internet connections using precautions such as SSL (Secure Sockets Layer) encryption (an accepted standard for online security), security keys and password authentication from any third parties receiving this information. Finally, to the extent that we may store for a period of time Personal Information consisting of your credit card number or financial information, this information will be stored using precautions such as secure designated servers where access is limited to individuals in departments charged with using such information only in connection with processing your orders and/or payment for products and services purchased; provided, however, that those orders and/or payments processed by our business partners, marketing allies and/or service providers that provide or participate in providing the service or product requested or participate in the payment process may store such information on their servers which are governed by such third party’s privacy policy and security procedures. Of course, we appreciate your help in safeguarding the integrity of your own and others’ privacy. We hope you’ll use common sense whenever you disclose Personal Information over the Internet. Just as importantly, we encourage you to let us know immediately if you suspect that Personal Information you share with us is being used in any way contrary to this Privacy Policy. Finally, unfortunately no data transmission over the Internet nor any storage of information on servers or other media can be guaranteed or made to be 100% secure; and while we strive to protect Personal Information, as outlined in this Privacy Policy, we cannot promise, guarantee or warrant the complete security of information. To contact us, please send an email to privacy@phoenixsoftware.ca. Children’s Privacy: Our Sites are general audience websites and media. If you are under the age of 13 you should not register or provide information on our Sites. We do not collect Personal Information from any person we actually know is a child under the age of 13. If you have knowledge that a child under the age of 13 has submitted Personal Information to us, please email privacy@phoenixsoftware.ca.

Effective Date and Modifications

This Privacy Policy is effective as of the date first written above (the “Recited Date”) and may be updated and modified from time to time by us in our sole discretion. If we choose to update or modify this Privacy Policy, such updated or modified policy shall become effective on the date that is five (5) days after its posting on the applicable Site(s) (the “Modification Effective Date”); this is true even if it were to happen that the Recited Date (as also modified) is a date earlier than the Modification Effective Date, in which case this Privacy Policy, as updated or modified, is effective as of the Modification Effective Date. We encourage you, therefore, to periodically review this Privacy Policy and the Sites in order to keep apprised of our current privacy practices. If you do not agree to any provision of this Privacy Policy, or any update or modification of it, please do not use the Sites.

Contacting Us

If you have concerns about this Privacy Policy or our privacy practices in general, contact us at: Phoenix Software Inc. 2595 Skymark Avenue – Suite 206 Mississauga, Ontario, Canada L4W 4L5 Fax: +1 416 352 5778 Email: privacy@phoenixsoftware.ca