1. INTRODUCTION

SideDrawer Inc. ("SideDrawer", "we", "us") has created this Privacy Policy ("Privacy Policy") in order to set out how we collect, use, and disclose personal information through our Website and in the course of providing our SideDrawer software-as-a-service platform (the "Platform"), our mobile app (the "App") and related services (collectively, the "Services"), each as more particularly described below and in our Terms of Use.
 

SideDrawer offers a technology solution for customers and professional service providers ("PSPs"), in which users have the ability to keep their personal, financial and important records organized for life allowing PSPs to collaborate and communicate with their clients through a single, living repository. The Website, App and Platform allows users to quickly capture their critical life documents. It also provides the ability to establish permission-based access to PSPs and other Collaborators (define below) who can collaborate with their clients' records in real-time.
 

The privacy of our users is of great importance to us. By visiting our website located at SideDrawer.com, including subpages, (collectively, the "Website"), or using the App, Platform or Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy and you hereby consent to the collection, use and disclosure of your Personal Information in accordance with this Privacy Policy.
 

2. WHAT DOES THIS PRIVACY POLICY COVER?

This Privacy Policy covers our collection, use and disclosure of information about identifiable individuals and information which can be used to identify an individual ("Personal Information"). Personal Information may be collected about visitors to the Website, as well as our customers, their end users, and other users who use the App, Platform or Services.
 

This Privacy Policy covers the activities of SideDrawer only. This Privacy Policy does not apply to the practices of companies that we do not own or control, including our PSP customers who may use the Services to collect Personal Information of third parties, or other third-party websites. If you submit any Personal Information to SideDrawer or the Platform, Website, App or Services, you are responsible for ensuring that you have obtained the necessary authorizations and consents from the relevant individuals in order to make such Personal Information available to us for use in accordance with this Privacy Policy.
 

3. COLLECTION OF PERSONAL INFORMATION

3.1 User Account Information. In order to use the Platform, Website, App and Services, users may be required to have a valid SideDrawer account to log in ("Account"). When you register for the Services or create an Account, SideDrawer collects certain Personal Information from you (collectively, "Account Information") to set up and administer your Account:
 

  • Name
  • Email address/es
  • Mobile number/s
  • Residential address/es

 

3.2 Records. The purpose of the SideDrawer Website, App, Platform and Services is to allow users to store personal records and documents. Accordingly, SideDrawer collects and stores these personal records that users choose to upload, which include Personal Information, such as financial, legal, health, investment and estate records. SideDrawer does not generally access the Personal Information contained in your records. However, SideDrawer will keep track of what types of documents and records have been uploaded.
 

3.3 Collaborators. Users may invite third parties, known as "Collaborators", to upload, view and/or edit content and records in the user's Account. SideDrawer collects the name and email address of such Collaborators from the requesting user.
 

3.4 Payment Information. For customers who purchase paid Services, including Premium Services (as defined in our Terms of Use), a valid credit card number, type, expiration date, name and billing address (collectively, "Payment Information") is collected, stored, used and processed by Stripe Inc. ("Stripe"), our third-party payment processing company, and not by us.
 

Accordingly, the collection, storage, use and processing of your Payment Information is governed by Stripe's applicable terms of service available at https://stripe.com/us/terms and privacy policy available at https://stripe.com/us/privacy. However, sometimes we may request and receive some of your Payment Information from Stripe in order to complete certain transactions you initiated through the Services, to enroll you in a discount or other rebate program you elected to participate in, to protect against or identify potentially fraudulent transactions, or otherwise as necessary to manage our business.
 

4. USE OF PERSONAL INFORMATION

In addition to the purposes identified above, in order to provide the Services and value derived from using the Website, App or Platform, we need to collect and process information about you. SideDrawer may use Personal Information to:
 

  • authenticate access to the Account and provide access to the Services, including through the use of multi-factor authentication;
  • provide, operate, maintain and improve the Platform, Website, App and Services;
  • send technical notices, updates, security alerts and support and administrative messages, including alerts related to your document deadlines and expiry dates;
  • provide and deliver the Services and features you request, process and complete transactions, and send you related information, including confirmations and invoices;
  • respond to comments, questions, and requests and provide customer service and support;
  • communicate with customers about services, features, surveys, newsletters, offers, promotions, and provide other news or information about us and our select partners;
  • investigate and prevent fraudulent transactions, unauthorized access to the Services, and other illegal activities;
  • personalize and improve the Services, and provide content, features, and/or advertisements that match your interests and preferences or otherwise customize your experience on the Platform, Website and App;
  • monitor and analyze trends, usage, and activities in connection with the Services and for marketing or advertising purposes (for example to suggest documents and information that may be missing, such as a will or insurance policy, and recommend PSPs that you might need to complete services related to missing records);
  • enable you to communicate, collaborate, and share files with users you designate; and
  • for other purposes which we will notify you about and seek your consent.

 

5. COOKIES

When you visit the Website, App or Platform, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Website, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Website, and information about how you interact with the Website. We refer to this information as "Device Information".
 

We collect Device Information using the following technologies:
 

  • "Cookies" are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
  • "Log files" track actions occurring on the Website, and collect data including your IP address, browser type, internet service provider, referring/exit pages, and date/time stamps.
  • "Web beacons", "tags", and "pixels" are electronic files used to record information about how you browse the Website.

 

A cookie is a small data file that is stored on your device. Cookies cannot be used to see any other data on your computer, nor can they determine your email address or identity.
 

We may use "persistent cookies" for customer registration ID and login password for future logins to our service.
 

We may use "session cookies" to enable certain features of our service, to better understand how you interact with our Services and to monitor aggregate usage and web traffic routing on our Website, App and Platform.
 

The Website, App and Platform may also use technologies such as beacons, scripts, and tags. These technologies may be used for analyzing trends, administering the website, tracking users' movements around the website, and gathering demographic information about our user base as a whole. Various browsers may offer their own management tools for removing these types of tracking technologies.
 

We may also use third-party ad companies to help provide some of our advertising services. These third parties may place cookies on your computer and collect data about your online activities across websites or online services when you are logged into the third-party service, including for targeted advertising.
 

For more information about how targeted advertising works, you can visit the Network Advertising Initiative's ("NAI") educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
 

You can opt out of targeted advertising by using the links below:
 

 

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance's opt-out portal at: http://optout.aboutads.info/.
 

6. STORAGE LOCATION AND TRANSFER OF PERSONAL INFORMATION

SideDrawer processes and stores its data, including Personal Information, on servers located in Canada, the United States and other jurisdictions in the world. SideDrawer also transfers data to the third-party service providers described on our Sub-Processors webpage, available here: https://sidedrawer.com/supbrocessors.html ("Sub-Processors").
 

By submitting Personal Information or otherwise using the Services, you agree to this transfer, storing or processing of your Personal Information in the jurisdictions in which our Sub-Processors are located. You acknowledge and agree that your Personal Information may be accessible to law enforcement and governmental agencies in such jurisdictions under lawful access regimes or court order.
 

7. DISCLOSURE OF PERSONAL INFORMATION WITH THIRD PARTIES

7.1 Disclosure to Other Users. Users have the option of sharing Personal Information from their Account with other users, known as Collaborators, who may need to view, upload or edit content on the user's behalf. These Collaborators may include PSPs such as estate planners, accountants and lawyers, who need to access the user's records stored through the Services, in order to provide professional services to the users. Records and Personal Information are only shared with those Collaborators who the user has designated. Users can update their settings to add or remove Collaborators and revise specific permissions of Collaborators.
 

7.2 Service Providers and Business Partners. We may from time to time employ third parties to perform tasks on our behalf and we may need to share Account Information and other Personal Information with them to provide certain services. Unless we tell you differently, such third parties do not have any right to use the Personal Information we share with them beyond what is necessary for them to provide the tasks and services on our behalf. The third parties we currently engage includes third party companies and individuals employed by us to facilitate our services, including the provision of database management, payment processing and customer relationship management tools, including the Sub-Processors.
 

7.3 Business Transfers. If our business (or substantially all of our assets) are acquired by a third party, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information may be made available or otherwise transferred to the new controlling entity, where permitted under applicable law.
 

7.4 With Your Consent. If we need to use or disclose any Personal Information in a way not identified in this Privacy Policy, we will notify you and/or obtain consent as required under applicable privacy laws.
 

7.5 As Required by Law. We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. Further, we may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law.
 

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
 

  • satisfy any applicable law, regulation, legal process or governmental request; enforce our contracts (including our Terms of Use), as well as investigation of potential violations of such contracts; and
  • detect, prevent, or otherwise address fraud, security or technical issues.

 

The above may include exchanging information with other companies and organizations for fraud protection and spam/malware prevention. Notwithstanding the general terms of this policy, the collection, use, and disclosure of Personal Information may be made outside of the terms herein to the extent provided for in any applicable privacy or other legislation in effect from time to time, or pursuant to court orders.
 

8. RETENTION

We will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. When an Account becomes inactive for an extended period of time, we will delete the Account and related data with prior advance notice to the Account holder.
 

Our customers may use the Services to store records of their clients, including Personal Information, in accordance with their own retention policies.
 

We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained Personal Information will remain subject to the terms of this Privacy Policy.
 

9. PROTECTION OF PERSONAL INFORMATION

SideDrawer uses technological safeguards designed to protect your Personal Information from loss and unauthorized access, copying, use, modification or disclosure. For example, we take the following measures:
 

  • We use AES 256-bit encryption for data at storage and AES 256-bit encryption for data during transmission;
  • We limit our own access to your Personal Information by ensuring that only authorized persons have access and such access requires a secure password. Only employees who "need to know" in order to fulfill their job requirements have access to your personal information; and
  • We train our employees to keep clients' Personal Information private and confidential.

 

Unfortunately, no data transmission over the Internet is 100% secure. As a result, while we strive to protect your Personal Information, we cannot guarantee the confidentiality or security of any information you transmit to us, and you do so at your own risk.
 

10. ACCESS, CORRECTION AND ACCURACY RIGHTS TO PERSONAL INFORMATION

You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information, although in certain limited circumstances, and as permitted under law, we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.
 

We will make every reasonable effort to keep your Personal Information accurate and up to date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service.
 

11. RESIDENTS OF THE EUROPEAN ECONOMIC AREA ("EEA")

The legal basis on which SideDrawer relies to process Personal Information (known as "Personal Data" under the European Union's General Data Protection Regulation) are consent, fulfillment of our contracts with customers, as well as pursuit of legitimate business activities.
 

Where we collect Personal Data directly from the data subjects, such as our customers, and make decisions in regards to processing such Personal Data, we act as the data controller. Otherwise, where we process Personal Data on behalf of third parties (such as when our customers use the Services to process Personal Data of their clients), we are the data processor.
 

If you are a resident of the EEA, you have certain data protection rights. SideDrawer takes reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. If you wish to be informed of what Personal Data we hold about you and if you want it to be removed from our systems, please contact us using the contact information set out below. Note that where we act as the data processor on behalf of a customer, you will be required to contact the data controller directly to exercise your rights.
 

In certain circumstances, where we act as data controller, you have the following data protection rights:
 

  • Request access to your Personal Information (commonly known as a "data subject access request"). This enables you to receive a copy of the Personal Information we hold about you where we are the data controller and to check that we are lawfully processing it.
     
  • Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected, though we may need to verify the accuracy of the new information you provide to us.
     
  • Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your Personal Information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
     
  • Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
     
  • Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios: (a) if you want us to establish the information's accuracy; (b) where our use of the information is unlawful but you do not want us to erase it; (c) where you need us to hold the information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your information but we need to verify whether we have overriding legitimate grounds to use it.
     
  • Request the transfer of your Personal Information to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
     
  • Withdraw consent at any time where we are relying on consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

 

Please note that we may ask you to verify your identity before responding to such requests.
 

You have the right to complain to a data protection authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the EEA.
 

If you wish to exercise any of the rights set out above, please contact us using the contact details below.
 

12. CALIFORNIA PRIVACY RIGHTS

This section provides additional details about the Personal Information we collect about California consumers and the rights afforded to them under the California Consumer Privacy Act (the "CCPA").
 

For more details about the Personal Information SideDrawer has collected over the last 12 months, please see the section "Information you provide us" above. We collect this Personal Information for commercial purposes described above. SideDrawer does not sell (as that term is defined in the CCPA) the Personal Information we collect.
 

Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories or specific pieces of Personal Information we collect (including how we use and disclose this Personal Information), to delete their Personal Information, to opt out of any "sales" of Personal Information that may be occurring, and to not be discriminated against for exercising these rights.
 

California consumers may make a request pursuant to their rights under the CCPA by contacting us at the contact information below. We will verify your request using the information associated with your account, if available, including email address. Government identification may be required. Consumers can also designate an authorized agent to exercise these rights on their behalf.
 

13. CHANGES TO THIS PRIVACY POLICY

We may amend this Privacy Policy from time to time. Use of Personal Information we collect is subject to the Privacy Policy in effect at the time such information is collected, used or disclosed. If we make material changes or changes in the way we use Personal Information, we will notify you by posting an announcement on our Website or sending you an email prior to the change becoming effective. You are bound by any changes to the Privacy Policy when you use the Website, App, Platform or Services after such changes have been first posted.
 

14. ADDITIONAL INFORMATION

If you have any questions or concerns about our Policy, how it might apply to you, or if it does apply to you, please contact our Privacy Officer. You can:
 

  • send an e-mail to privacy@sidedrawer.com
  • mail us at SideDrawer Inc., 3335 Yonge St, Suite 401, Toronto, ON, M4N 2L9.

 

Your use of the Website, the App, Platform or the Services means that you agree to our collection, use, and disclosure of the Personal Information you share with us, as explained in this Policy. If you do not agree with this Policy, or the Terms of Use, please do not use the Website, the App, Platform or the Services.
 

Last Updated: March 30, 2020