Privacy Policy

Last update : September 6th, 2023

This Privacy Policy describes how Okapya Software Solutions Inc. (“we“, “Okapya”) collects, processes, uses and shares personal information and/or personal data about individuals browsing the Okapya website (“Website”) and about individuals using the software applications made available by Okapya, either directly or through various software marketplaces (collectively the “Okapya Software”).

The use of the second person (“you“, “your“, “yours“) may refer to a Visitor or User depending on the context.

The contact details of the person responsible for processing personal data under this Privacy Policy are as follows:

Privacy Officer
Okapya Software Solutions Inc.
1200 Boulevard Saint-Martin O suite 130, Laval, Quebec H7S 2E4
privacy@okapya.com

1. Definitions

In this Privacy Policy:

“Customer” means an individual or a business who purchases Okapya Software or services from us.

“Customer Data” means data uploaded to the Okapya infrastructure by a Customer or a User.

“Personal Data” refers to information about an identifiable individual and is interchangeable with the term “personal information”.

“User Data” means personal data about individuals using the Okapya Software, including employees of our Customers.

“User” means an individual accessing or using the Okapya Software at the direction of a Customer.

“Visitor Data” means personal data about individuals visiting the Website or otherwise interacting with our digital content

“Visitor” means individuals visiting the Website or otherwise interacting with our digital content.

2. Legal basis for data processing

2.1 User Data

We process User Data on an individual basis only to manage access to Okapya Software and to fulfill our obligations to our Customers and marketplace owners, where applicable. We may process User Data in aggregated form, without reference to any identifiable individual, for our own purposes.

2.2 Visitor Data

We collect and process personal data about Visitors in connection with the operation of the Website in order to improve the quality of the Website, to learn about the browsing habits of Visitors, to organize advertising campaigns targeted based on Website traffic.

We may process Visitor Data based on your consent if you provided personal data voluntarily for a specific purpose (for example when you provide an email address to subscribe to our newsletter). Some Visitor Data is collected and processed based on our legitimate interests or your implied consent (for example technical data about your device collected for analytics purposes).

2.3 Customer Data

We may process personal data on behalf of Customers if Customers upload personal data to the Okapya Software. Such processing is performed solely on behalf of Customers and Customer Data is not processed by Okapya on its own behalf.

2.4 Our Role

Where applicable, Okapya acts as a “processor” with respect to Customer Data (which means that we do not control the purposes for which Customer Data is processed) and as a “controller” with regard to User Data and Visitor Data (which means that we control the purposes for which User Data and Visitor Data is processed).

2.5 Consent

Some jurisdictions allow processing based on implied consent and others based on legitimate interests. If processing of personal data is permitted only with consent, we process personal data based on implied consent and this Privacy Policy is meant to allow individuals to make an informed decision about withdrawing their implied consent.

3. Collection of personal data

3.1 User Information

We collect personal data that you provide directly to us through the interface of the Okapya Software or that you have provided to a marketplace operator or support platform provider. Collected information may include the data described below:

ID associated with the User account on the marketplace through which the Okapya Software is distributed;
Username;
Name;
Email address;

We may automatically collect technical information when Users interact with the Okapya Software, which may include:

Device information (operating system, language, device ID);
The IP address from which your device accesses the Okapya Software;
Usage data, on an anonymous basis;

3.2 Visitor Data

We collect the information that you provide directly to us (for example, by filling out a form) through the Website interface or otherwise. This information may include the data described below:

Name
Contact information (email, phone number)
Content of communications you send to us

We may automatically collect technical information when Visitors interact with the Website or other digital content we provide. Such information may include:

Device information (operating system, language, device ID)
The IP address from which your device accesses the Website;
Browsing and clickthrough data, such as pages viewed, number of connections to the Website, duration of a session, dates of connections to the Website, products viewed, page from which access to the Website is obtained;

3.3 Data from analysis tools

When you access the Website, we collect data from analytics tools such as Google Analytics. This data may include, for example, gender, age, interests. This data is not associated with you personally and is transmitted to us in aggregate form. You can deactivate Google Analytics on your browser through an add-on available at this address: https://tools.google.com/dlpage/gaoptout.

3.4 Data from social networks

We may collect Visitor Data from social networking sites or applications (Facebook, LinkedIn, Twitter, YouTube, etc.) when you interact with profiles that we operate on these social networking sites or applications. These sites or applications are also governed by their own policies relating to your personal data, which may differ from ours and may be applicable.

3.5 Tracking technologies

We use browser cookies and other tracking technologies to improve the performance of the Website and the Okapya Software, to personalize your experience on the Website, and to deliver advertisements to targeted audiences (based on Website traffic only). You can control the storage of browser cookies and other tracking technologies from your browser. Unless you have provided us with information about yourself from your mobile device or computer, cookies do not allow us to identify you. Some browser cookies are provided by our suppliers, and our suppliers may be able to combine some of the data collected through cookies with other data they hold about you.

4. Processing of personal data

We process personal data collected through the Website and the Okapya Software for the purposes described below.

4.1 Communication with Visitors

We use Visitor Data you provided (such as your name and email address) to send you communications about our company, products and promotions, but only if you agree to receive marketing communications from us. We comply with all applicable regulations regarding unsolicited emails. If you no longer wish to receive electronic communications from us, you may use the unsubscribe feature included in electronic communication or notify us at any time by writing to us at privacy@okapya.com.

4.2 Operation of the Okapya Software

We use User Data to identify Users and ensure that Users are authorized to use Okapya Software. We may use User Data in anonymous form to derive insights from Users’ usage of the Okapya Software in order to improve our products.

4.3 Personalization of our Website

We use Visitor Data to offer you content that corresponds to your situation or interests. For example, the home page of the Website may be displayed according to your language preferences and the products and services displayed may be different depending on your geographic location.

4.4 Maintenance and Security

We use User Data, Visitor Data and data from analytics tools to monitor Users’ use of the Okapya Software and Visitors’ use of the Website generally, to prevent misuse of the Website or the Okapya Software, to identify problems or bugs with the Website or the Okapya Software, and to determine which features need to be improved.

4.5 Personalized marketing and retargeting

We use Visitor Data to customize our advertising campaigns based on certain criteria, such as your subscription to our newsletter, your interest in our products and services, and navigational data, such as the pages you visited or the products you searched for or viewed on the Website. This data allows us to target audiences to partners offering advertising services. Neither User Data nor Customer Data is used for this purpose.

5. Disclosure of Personal Data

We only share or disclose personal data in the manner described in this Privacy Policy or when we have obtained your consent. Your personal data may be disclosed to the categories of persons described below for the following purposes.

5.1 Employees

Personal data is accessible to our officers and employees who must access it in order to use the same as set forth in this Privacy Policy and to provide our services to our Customers.

5.2 Customers

All User Data and Customer Data is available to our Customer. Any personal data that is entered into the interface of the Okapya Software may be shared with the relevant Customer.

5.3 Marketplace Owners

If Okapya Software is accessed through a marketplace, the marketplace owner may have access to User Data. Please refer to the marketplace owner’s privacy statement or privacy policy for more information about their processing of personal data.

5.4 Data Processors

We share personal data with data processors that allow us to provide our services more efficiently. We obtain confidentiality undertakings from these data processors with respect to the personal data provided to them. Such services may include hosting, sending automated emails, sending automated text messages or calls, customer service, technical support, analytics services.

A list of our data processors is available here.

5.5 Legal obligations

We may also disclose personal data to third parties if expressly permitted or required to do so by law, or if we are compelled to do so by a competent authority. We may disclose personal data in connection with legal proceedings if necessary to protect our rights or those of our Customers.

5.6 Transfer of business

In the event that the sale or restructuring of all or part of our business is contemplated, we may disclose personal data to the persons or organizations involved before and after the transaction, whether or not the transaction actually takes place. In such a case, these persons or organizations commit to us to maintain the confidentiality of personal data so disclosed and to use the same exclusively for the purpose of evaluating the feasibility of the transaction and in accordance with this Privacy Policy.

6. Personal Data storage and retention

User Data is stored electronically by our hosting provider, Heroku, on servers located in Canada or the United States. Okapya is headquartered in Canada and most processing of personal data is performed in North America. Some User Data is processed by our data processors through facilities that may be located in jurisdictions other than Canada, including the United States.

We retain Visitor Data until you request that we destroy it, or until our business no longer requires us to retain it. We do not undertake to retain Visitor Data for any period of time.

We retain User Data as long as the relevant User has access to the Okapya Software and for a reasonable period thereafter, not to exceed 24 months.

We may retain Customer Data based on the instructions of our Customers, or if we are authorized by applicable law to retain Customer Data. Customer Data is backed up daily and backup copies are kept in accordance with our hosting providers retention policies.

7. Security Measures

User Data, Customer Data and Visitor Data are hosted on servers operated by our data processors and are protected by security measures proportionate with the sensitivity of the data against unauthorized access. Click here for more information about the security practices of our data processors.

Our employees and suppliers are informed of the confidential nature of personal data collected through the Okapya Software or Website and are made aware of the appropriate security measures to prevent unauthorized access to personal data.

8. Individual Rights

8.1 Access your data

You may access User Data through your user account on the Okapya Software. Some Customer Data may only be available with the consent of our Customer.

If you would like to access other personal data (such as Visitor Data) we hold about you or to have inaccurate personal data modified in our files, you may make a written request at privacy@okapya.com.

We will respond to your request promptly (within 30 days of receipt).

8.2 Withdrawal of Consent

Your browser allows you to withdraw your consent to certain processing of Visitor Data, in particular by preventing the recording of browser cookies.

If you wish to withdraw your consent to the processing of Visitor Data beyond what is permitted by the Website or your browser, please notify us by writing to us at privacy@okapya.com. Using the Website or the Okapya Software entails some processing of your personal data. The only way to stop all processing of your personal data is to completely stop using the Website and the Okapya Software.

8.3 Objection

In certain circumstances, you have the right to object to the processing of your personal data that we carry out for the purpose of our legitimate interests. Your rights in this respect depend, among other things, on your place of residence. To object to the processing of your personal data, you can write to us at privacy@okapya.com.

8.4 Deletion

You may in certain circumstances have the right to request the deletion of personal data that we hold about you when its collection was not authorized. To make such a request, please write to us at privacy@okapya.com. We will respond to your request as soon as possible (no later than 30 days after receipt).

If you continue to use the Website or the Okapya Software, we may again collect certain personal data about you.

8.5 Complaint

Depending on your jurisdiction of residence, you may have the right to file a complaint regarding the processing of your personal data with a supervisory authority responsible for the protection of privacy.

Our business is governed by the laws and regulations applicable in Quebec and Canada and is subject to the jurisdiction of privacy protection authorities in Quebec and Canada. Other than as required by applicable law, any complaint or claim based on this Privacy Policy or on Okapya’s processing of your personal data should be filed with the authorities in the province of Quebec or in Canada.

8.6 Identity validation

We may verify the identity of individuals asking to exercise their rights with respect to their personal data. Any information collected to perform this verification will not be used for any other purpose.

9. Modifications

We may modify this Privacy Policy from time to time to reflect changes in our personal data processing practices. If a modification is made, the new statement will be available through the Okapya Software and on the Website at the following address https://okapya.com/privacy-policy/.

If we have collected your contact information, we will notify you of any material changes to our Privacy Policy by email before the changes take effect.

10. Additional Information

For any additional information with respect to our processing of personal data, you may contact us at the address indicated at the beginning of this Privacy Policy.