Privacy Policy

PLEASE READ OUR PRIVACY POLICY (the “Policy”) CAREFULLY BEFORE USING AGENDRIX PRODUCTS.

This document concerns the protection of Personal Information (hereinafter defined) by AGENDRIX INC., doing business under the name AGENDRIX (hereinafter “Agendrix”, “we” or “us”).

Protecting your Personal Information on our website www.agendrix.com and when you use our products (collectively, the “Platform”) is a matter of particular concern to us. This Policy deals with the protection of Agendrix customers’ and authorized users’ Personal Information. Its purpose is to explain how we collect, use and disclose your Personal Information via the Platform. This Policy also aims to comply with Canadian laws relating to the protection of Personal Information and, where applicable, with the General Data Protection Regulation (“GDPR”). This Policy does not apply to information regarding our employees or suppliers.

For the purposes hereof, “Personal Information” shall mean any information relating to a natural person and which makes it possible to identify them, such as a name, an identification number, a social insurance number, a postal code, the age, a family situation, a location data, an online identifier, or to one or more elements specific to their identity, whether physical, physiological, genetic, psychological, economic, cultural or social.

1. Introduction

1. Use of this Platform is subject to compliance with the binding service contract and this Policy. If you access and use our Platform, you agree to be bound by the terms and conditions set out in these documents. If you do not agree to be bound by these terms and conditions, please do not access our Platform or use its features.

2. Consent

1. Your consent to the collection, use or disclosure of your Personal Information must be clear, free and enlightened. It should be given for specific purposes and in such a way that you understand the nature, purposes and consequences of the collection, use and disclosure of your Personal Information. Depending on the nature and sensitivity of your Personal Information, your consent may be express (such consent can be given orally, in writing or electronically) or implied (when you voluntarily provide Personal Information, for instance).

   Each Agendrix customer, whether as an employer or a principal, is responsible for ensuring that authorized users and employees who are asked to use the Platform are of the minimum age required to give valid consent under any applicable law and regulations for the purposes of collecting their Personal Information.

   Generally, Agendrix will obtain your consent for the collection, use or communication of your Personal Information at the time of collection, except as otherwise required or permitted by law.

   You may withdraw your consent at any time, subject to legal and contractual restrictions and reasonable notice. Please note that if you choose to withdraw your consent, Agendrix may not be able to provide you with certain services or features relating to the Platform.

   By using the Platform and communicating Personal Information on the Platform, you consent to the use of the transmitted Personal Information in accordance with this Policy and that some of your Personal Information are made accessible to your employer(s) via the Platform.

3. Collection of Your Personal Information

1. We collect only the Personal Information about you that is required to establish, manage, and maintain our relationship with you and complete the transactions you conduct on our Platform.

   Before you can use Agendrix products and services, you must register by providing information, including your name and credit card information for those customers ordering products other than the no-charge products.

   Certain other personal contact details and other information may be requested from time to time or collected in the course of use of the Platform.

   We also collect other data and Personal Information concerning you, particularly if an employer elects to use the Advanced Features in the Platform.

   Your data are also shared with subprocessors. For more information, refer to: https://www.agendrix.com/subprocessors.

4. Advanced Features

1. The Platform offers a Photo Punch feature that verifies the identity of the person coming to and leaving work using facial recognition technology. The Platform also offers a geolocation feature used to verify that you are at your workplace or any other location expected by the employer when you come to and leave work.

   Should your employer elect to use the Photo Punch feature, a photo of your face will be taken with the device on which the Platform is used and saved on the Platform so as to namely verify your identity when you come to or leave work. Further, you may wish to add your picture to your user profile by uploading it to the Platform.

   If an employer chooses to use the Geolocation feature, your geographic location will be transmitted and saved on the Platform as you enter and exit work during check-in and check-out. You can disable the geolocation feature in the settings of the device on which the Platform is used if such device allows it.

5. Use of Your Personal Information

1. We may use Personal Information concerning you for the following purposes:

1. To conduct the transactions required on our Platform and for the use of our products (note that we use an external Stripe service to let you make payments, where applicable, and that this service is subject to its own terms and conditions of use);

2. To track your orders and accounts;

3. To communicate information required for the operation of Agendrix products (work schedules, including planning, communications, time recording (stationary and mobile time clocks), timesheets (attendance sheets) and distribution/coordination of services in the field and at customers’ locations) and other information related to work attendance management. To further clarify, this information will be communicated to or accessible by employers through the Platform;

4. The photos taken using the Photo Punch feature will be used to perform a preliminary verification of the identity of the person clocking in for or out of work; in cases where the Platform is unable to recognize the facial features of the photographed person, a notification will be sent to the employer. The employer will be able to review the photos at their discretion. The photos of you that are taken while using the Photo Punch feature can also be used to feed and train the Platform's facial recognition technology to make it more reliable;

5. When coming to or leaving work using the Geolocation feature, your geographic position will be transmitted to the employer in order to verify that you are at your workplace or any other location expected by the employer at that time;

6. To understand and identify your needs and preferences in order to offer you custom services;

7. Without restricting the generality of the foregoing, we may access one or more users’ accounts in order to observe their behaviour within the application, to assist them (technical support), to correct one or more data items, to import employee lists, to import a list of resources transmitted to us by email or otherwise by a customer representative to establish schedules, or to create messages, comments or notes in our products’ various modules. In particular, we take these actions to make recommendations to users on their use of Agendrix products; and

8. Finally, even after you cease to be an authorized user of one of our customers, we may send you notices by email, SMS and/or Facebook at the addresses you provide, (i) in the course of operation of our products, (ii) to inform you of changes in Agendrix product features and (iii) to inform you of special offers. Note that you may withdraw your consent to this at any time by following the procedure described under the heading Withdrawal of Consent.

2. Your Personal Information will not be used for purposes other than those listed above, except with your consent or as required or authorized by law.

6. Communication of Your Personal Information

1. Agendrix customers use Agendrix products to manage the work schedules and work attendance of their employees, volunteers, representatives, consultants, agents, mandataries and other third parties acting for their benefit or on their behalf. In this context, an Agendrix customer has full access to the Personal Information on all of its authorized users that is recorded in Agendrix products. Each Agendrix customer, as an employer or principal, is solely responsible for ensuring respect for its authorized users’ confidentiality and privacy, and the enforcement of all laws and regulations governing labour relations between the Agendrix customer and the users.

   Except in the cases and subject to the conditions described herein, disclosure of your Personal Information to a third party requires your consent. We may nonetheless disclose your Personal Information without your consent where authorized or required by law. Each time we are required to disclose Personal Information about you, we will endeavour not to disclose more information than is required under the circumstances.

   Please note that if a third party to whom we transmit Personal Information about you operates in a foreign jurisdiction, local legislation may permit other third-party access to your Personal Information without your consent.

7. Sensitive Information

1. As a general rule, Agendrix products should not be used to collect sensitive information, such as medical information, personal financial information, social insurance numbers or information about criminal or penal convictions. However, users may sometimes collect and exchange sensitive information using Agendrix products. In particular, you could be asked to enter information on medical or personal reasons for your work absences. The obligation to comply with all laws applying to medical and other sensitive information (including, where applicable, the Health Insurance Portability and Accountability Act for the U.S.) rests solely with your employer or principal. Where there is doubt about the legality of the sensitive information requested, you must refer to your employer or principal and to the applicable laws of your place of work.

8. Retention of Your Personal Information

1. We retain Personal Information concerning you only for the time needed to accomplish the purpose for which it was collected, to meet legal requirements regarding retention and for the time needed to protect our legitimate business interests.

   Agendrix products are not intended to be used for the maintenance of user records. Should you need to record Personal Information for any purpose, we invite you to copy this information over to your personal devices or in paper form.

9. Withdrawal of Consent

1. You may at any time withdraw your consent to the collection, use and disclosure of your Personal Information, provided that reasonable notice is given. Please note that if you choose to withdraw your consent to the collection, use or disclosure of your Personal Information in general, you may no longer be able to use Agendrix products, in whole or in part.

   At any time, you may also withdraw your consent to receiving notices by email, SMS and/or Facebook by changing the communication settings in your account.

10. Questionnaires and Surveys

1. By agreeing to use the Platform, you allow Agendrix to conduct surveys from time to time in order to collect Personal Information that you agree to provide voluntarily. You will not be required to participate in these surveys nor to provide the Personal Information requested. When Personal Information is provided, Agendrix uses it to draw up a general profile of its Platform’s users. If Agendrix has obtained your consent to this at the time your Personal Information is collected, it may subsequently communicate with you to obtain your comments on its products and services. You may withdraw your consent to such contact at any time by sending an email notice whose subject line contains the expression “Withdrawal of consent” to the following address: [email protected].

11. Use of Browsing Software

1. During your visit to our Platform, we may possibly use a browser feature called “cookie” to collect information anonymously and build your visitor profile on our Platform. A cookie is a small text file containing a unique identification number that identifies the browser – not the user – to our computers each time you visit our Platform.

   Your use of this Platform enables us to automatically compile certain information concerning your user profile. We use this information to adapt our Platform to your preferences and to compile statistics on consultation and usage of our Platform in order to improve it.

   If you so desire, you can configure your browser to alert you each time you receive cookies, or to refuse them. You do not need to accept cookies to visit our Platform. If you refuse them, however, you may be unable to use certain features of our Platform.

12. Protection and Accuracy of Data

1. Agendrix has implemented a series of security measures designed to protect your Personal Information from loss, theft, or any unauthorized consultation, disclosure, reproduction, use or modification. These security measures include physical, administrative and technological measures that are reasonable given the sensitivity of the information and its use, quantity, distribution and support.

   We further acknowledge that it is important for Personal Information to be accurate, complete and current, and we take reasonable measures to ensure the accuracy and comprehensiveness of the information that is used or communicated. Nonetheless, it is up to you to inform us of any significant change affecting your Personal Information that may arise in the course of our business relationship. If you believe your account has been used inappropriately or that its security may have been compromised, please communicate with us immediately.

13. How to Access and Update Your Information

1. You have the right to consult and access Personal Information that is retained about you. You can also request correction of your Personal Information if it is inaccurate, incomplete or ambiguous, or if it has been collected, disclosed or retained in violation of the law.

   You can update your Personal Information at any time by signing in to your account on the Platform.

   Any questions or concerns regarding this Policy or the collection, use or communication of your Personal Information, including requests for access or correction, may be addressed to our Privacy Officer identified in Section 16.

14. Processing of Personal Information of Persons Located in the European Economic Area (EEA) and/or in the European Union (EU)

1. Agendrix complies with the provisions of the GDPR. This Section 14 applies exclusively for the processing of Personal Information in connection with the EEA and the EU, insofar as this processing takes place while the persons concerned are in the EU or EEA and where the processing activities are related to the offering of goods or services or related to monitoring the behaviour of these people, to the extent where such behaviour takes place within the EEA or the EU. In case of conflict between this Section 14 and the rest of the Policy, the provisions of this Section shall prevail.

2. 14.1 Consent

1. If your consent is provided in a written statement that deals with other subjects, Agendrix will ensure that the consent requested for the processing of Personal Information is clearly distinct.

3. 14.2 Collection, Retention and Use of Personal Information

1. Agendrix will not keep Personal Information longer than is necessary to implement the purposes for which it was collected, and Agendrix will take reasonable steps to communicate in advance the period during which this Personal Information may be kept or the criteria for determining this period.

4. 14.3 Automated Individual Decision-Making

1. Agendrix recognizes that you have the right to know whether your Personal Information is processed by an automated decision-making system. Upon request, Agendrix will provide you with information on how this automated system works. Unless required or permitted by law, you have the right to refuse that a decision based exclusively on an automated system be taken with respect to you, when such decision has legal consequences for you.

5. 14.4 Impact Analysis Relating to the Protection of Personal Information

1. Agendrix will carry out an impact analysis relating to the protection of Personal Information before implementing new technologies that are likely to infringe your rights and freedoms, including your right to privacy.

6. 14.5 Right to Erasure

1. Where the law so provides, you have the right to require Agendrix to withdraw and erase your Personal Information in the shortest possible time.

7. 14.6 Accuracy and Protection

1. Before collecting Personal Information, Agendrix will implement appropriate technical and organizational measures to ensure the protection of Personal Information.

   Agendrix will not share Personal Information with agents, representatives, consultants, data processing companies or suppliers of external service unless they ensure that appropriate measures have been put in place to protect Personal Information.

8. 14.7 Responsibility

1. Agendrix ensures that it is responsible for protecting Personal Information and that it is able to demonstrate compliance with the GDPR when it processes Personal Information.

15. Procedure for Complaint, Right of Access or Rectification

1. Agendrix will take the necessary measures to facilitate the exercise of your right to access, rectify or obtain Personal Information. You can always obtain confirmation from Agendrix that Personal Information about you is subject to processing. You can make an access request with the Privacy Officer using the contact information specified in Section 16 of this Policy.

   You will be informed of the measures taken following your access request as soon as possible.

   Any rectification or erasure of Personal Information will be communicated to third parties to whom this information has been disclosed.

16. Privacy Officer

1. The Privacy Officer for Agendrix is Charles Vallières. For any questions or requests regarding this Policy, you can contact the Privacy Officer at [email protected].

17. Amendment of This Policy

1. Agendrix reserves the right to amend the content of this Policy at any time. Any change made will appear on our Platform and be brought to your attention when you sign in. We recommend that you print a copy of this Policy for your files and to review this section of our Platform periodically.

2. This Policy was last modified on August 27, 2020.