Last Revised Date: March 2014

Privacy Policy

nModal Solutions Inc. and its divisions, affiliates and subsidiaries ("nModal") respects the privacy and the integrity of any information that you provide in the use of nmodal.com, datamartist.com, analyticscanvas.com, their sub-domains, Google Sheets or Docs add-ons, any related websites and any features, content, or application services offered from time to time by nModal in connection therewith (collectively, the “Websites”) and services. This Privacy Policy explains our policy regarding the collection, use and disclosure of your personal information. By visiting our Websites or using any of our services, whether individually or on behalf of a company or other entity, you acknowledge and accept the practices and policies outlined in this Privacy Policy.

This Privacy Policy will be continuously assessed against new technologies, business practices and our customers' needs. As we update, expand and diversify our products and services, this Privacy Policy may evolve. Please check this Privacy Policy from time to time for updates by checking the date of the "Last Revised Update" at the top of this document. If we make any material changes to this Privacy Policy, we will notify you here. A link to our Privacy Policy will be provided at the bottom of each web page on our Websites. You acknowledge and agree that your access of our Websites and your use of our services following any posted changes to the Privacy Policy indicate your acceptance of such changes.

Consent

You acknowledge and agree that by accessing our Websites or using our services you fully understand, accept and voluntarily consent to the collection, use, retention and disclosure of personal information in accordance with this Privacy Policy. It is always your choice whether or not you provide us with your personal information; however, a decision to withhold personal information may restrict or prevent us from providing you with a particular product or service. We will only collect, use, and disclose your personal information with your consent, except where otherwise permitted or required by applicable law or regulatory requirement.

If users have questions or concerns regarding this statement, or feel that nModal has not complied with the Policy, they should first contact privacy@nmodal.com .

Collection of personal information

In order to use certain features of our services you must first complete a registration process and establish an account (“Account”) on our Websites (or grant access to the applicable information via third party authorizations such as Google Analytics and Google Drive).  During registration for your Account you may be required to provide basic information such as a user name, company, and email address and establish a password.  nModal will retain this information and associate it with your Account.  Users may, should they wish to provide more information through the use of optional fields provided.  This information is maintained confidential, used only as outlined by this Privacy Policy. We may store this information with third party service providers operating in the “cloud” located outside of Canada (“nModal Servers”). In addition, to place an order for services nModal will also acquire your IP address and direct you to our payment processor (see the section entitled Fastspring (Bright Market LLC))

Trial and License activation and validation

In order to activate a either a trial version or a licensed version of nModal software, or to use either free or paid versions of Google Sheets or Docs add-ons, the application will communicate with nModal Servers, and hardware information, IP address, and depending on product type, user name and other information will be sent and stored to determine if a given machine or user is eligible for a trial activation, and to track the use of licenses. This information is used for licensing monitoring and enforcement purposes, and to enable nModal to manage API quotas and other operational matters.

Automatic Error reporting

In order to maintain the high level of quality and stability of nModal software, critical errors are reported automatically to the central licensing server. The machine ID, account number and error details are transmitted securely and stored to enable nModal to understand and correct software issues.

Application use tracking

In order to monitor and ensure compliance with our and third party licensing agreements and quotas, the Analytics canvas software connects to the nModal Servers at each launch of the application, to validate the trial or subscription Account, and reports via a secure web service during use of the software to report activity for tracking purposes.  The activity reporting starts upon activation of the free trial period.

The following information is transmitted to the nModal Servers:

Analytics Canvas Account Number, Google user ID, Machine ID, and a list of Google Analytics Profiles Accessed, along with counts of API calls made to the Google Analytics API, and other APIs.

In addition, user actions are tracked to provide insight into use patterns and to help nModal determine the popularity of different application features, and plan development of new features and enhancements as well as to allow nModal to direct support, technical assistance and product and service offers more effectively to users.

No information regarding the content of the queries (i.e. which metrics, dimensions, filters etc.), nor any actual web analytics data are ever collected by nModal. nModal tracks for example, that a query is created using a specific part of the application, but not what the specific structure of the query is, nor the actual data involved.

This information is used for licensing and internal marketing purposes, but will not be shared with third parties except in a completely anonymous and aggregated form.

Storage

nModal maintains information about you for as long as we provide service to you, and longer for related business activities. After information is no longer necessary for our business purposes, we (i) destroy the information unless there is an outstanding request or order to preserve the information; or (ii) anonymize the information and use it for aggregated statistical purposes to help improve service and application functionality. This anonymized and aggregated information may be shared with others.

Communications from the Websites

Updates & Notifications 

The email address of Account holders are used for confirmation of a successful account creation, for product updates and to inform our users of upcoming features and to promote other nModal services and solutions.  Account holders can opt out from the updates at any time by emailing myaccount@nmodal.com . Users also have the right to opt in or opt out of communications related to such services as, but not limited to, new application launches, promotions and events. 

Service Announcements

On rare occasions it is necessary to send out a strictly service related announcement.  For instance, if the products and/or services are temporarily suspended for maintenance, nModal might send users an email.  Generally, users may not opt-out of these communications, though they can deactivate their Account.  However, these communications are not promotional in nature. 

Customer Service

nModal communicates with users on a regular basis to provide requested services.  In regards to issues relating to their Account, nModal generally replies via email.

Surveys

Occasionally, nModal’ Websites may request information from users via surveys.  Participation in these surveys is completely voluntary and the user therefore has a choice whether or not to disclose information.  The requested information typically includes marketing or product feedback information and, in some cases, optional contact and / or demographic information.  If provided, contact information may be used for testimonials or to request additional feedback information. Users will be advised and given an opportunity to consent or opt-out of such uses.  Anonymous survey information will be used for purposes of monitoring or improving the use and satisfaction of the nModal Websites and nModal products and/or services.  Users’ personal information obtained from surveys is not shared with third parties unless nModal provides prior notice and the choice to users.  Though nModal may use an intermediary to conduct these surveys or contests, the intermediary may not use users’ personal information for any secondary purposes.

Eligibility

nModal does not intentionally collect or use personal information about individuals under the age of 13.  Consequently, use of our Websites and all related services by children under the age of 13 is strictly prohibited.  nModal reserves the right to delete, move, edit, refuse to post or take other appropriate action with respect to any messages, information or files which nModal, in its sole discretion, deems objectionable or otherwise in violation of the terms and conditions of this Privacy Policy, Website Terms of Use and any other agreement between the parties.

Cookies 

A cookie is a piece of data stored on the users’ computer or cellular phone tied to information about the user.  nModal uses session ID cookies. nModal may also use cookies to store certain preferences about the user's use of the services and to link users that have signed up for a free trial or purchased a subscription to their web site activities. This information will not be shared with third parties, but be used exclusively to allow nModal improve its website and application design and to provide the best experience to users.  For example, cookies may be used to allow a user to set a preference to skip a verification screen when capturing information.

Web and Mobile Internet Site Activity

Like most standard Web and mobile internet sites, nModal stores and uses web server log files.  These files include information about web browsers, such as internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track users’ movement solely for the internal use of nModal. 

In addition nModal uses third party tracking tools such as Google Analytics, and Google Ad words to track web visitors.

Sharing

nModal will not share any information provided by users, except as follows:

Aggregated and anonymous use data

When communicating with customers, partners and service providers, nModal may provide insight into how its customers use its applications and services. Such use data will be made anonymous and be aggregated in a way to protect the privacy of clients except in case where clients have granted explict permission, such as case studies or testimonials.

Forums

While using our Websites, you may have opportunities to post reviews or other personal information in public forums at your own discretion. Please understand that when you post such information, it is made public and is not subject to this Privacy Policy. You should exercise caution when deciding to disclose any personal information in a publically-available forum such as the Websites and agree to indemnify nModal  for any damages or claims resulting from any of your postings. nModal may but is not obligated to monitor postings and at its discretion remove any content submitted

When NModal Discloses User Information

nModal may share users' personal information with its affiliates, subsidiaries and service providers (both within and outside of Canada) for the sole purpose of providing the nModal service to the user, provided that the information is required for and used only for such purpose and provided the information is used in accordance with this Privacy Policy.  nModal will otherwise only release personal information to third parties in the following limited circumstances:  (i) if a law, regulation, search warrant, subpoena or court order legally requires nModal to do so; (ii) if nModal's rights or property or the rights or property of nModal's affiliates, subsidiaries, service providers or the users of nModal's Websites or services are in jeopardy; or (iii) if the personal safety of users of nModal's Websites or services or other members of the public is in jeopardy.

Business Transitions

In the event nModal goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users’ personal information will, in most instances, be one of the assets transferred.  Users will be notified via email prior to a change of ownership or control of their personal information.  If, as a result of the business transition, the users’ personal information will be used in a manner different from that stated at the time of collection, users will be given a choice to decline such different use.

Fastspring (Bright Market, LLC)

You may choose to use Fastspring as your payment method for products and services purchased from our Websites or through our services.  You acknowledge and agree that nModal may disclose personal information to Fastspring such as your name and email address so that Fastspring may contact you directly for personal information such as credit card information.

You acknowledge and agree that nModal makes no representation, warranty, covenant, or claim regarding, and nModal expressly disclaims and denies any responsibility or liability for, directly or indirectly, the privacy practices in regard to any personal information that we disclose on your behalf or you provide to Fastspring directly or any other party in relation to purchasing a product or service from our Websites.

You acknowledge and agree that our terms and policies do not govern any other party.

You acknowledge our recommendation to review the applicable privacy and data gathering practices, of any third party to which you provide personal information.

Links

Our Websites may contain links to other sites.  Please be aware that nModal is not responsible for the privacy practices of such other sites.  nModal encourages its users to be aware when they leave the nModal site and to read the privacy statements of each and every web site that collects personal information.  This privacy statement applies solely to information collected by the nModal through its Websites or in providing services.

Security

nModal employs security measures in order to prevent the loss, misuse, unauthorized access, theft and alteration of personal information under nModal's control.  However, no transmission over the Internet can be guaranteed to be completely secure.  Consequently, nModal, its affiliates, subsidiaries, service providers and their respective officers, directors, employees and agents do not represent, warrant or guarantee that personal information will be protected against misuse, loss or alterations and do not accept any liability for personal information submitted to or collected by them nor for your or third parties' use or misuse of personal information.

Correcting/Updating/Deleting/Deactivating Personal Information

If a user’s personal information changes, the user may update this information on the nModal Website. If a user no longer desires to use nModal’s products or services, nModal provides a way to delete/deactivate users’ personal information by emailing nModal at myaccount@nmodal.com and referencing their username and email.

Notification of Changes

Should nModal decide to change its Privacy Policy, changes will be posted on the nModal Website.

Interpretation of this Privacy Policy

This Privacy Policy does not create or confer upon any individual any rights, or impose upon nModal any obligations, in addition to any rights or obligations imposed by Canada's applicable federal and provincial privacy laws.  Should there be any inconsistency between this Privacy Policy and Canada's applicable federal and provincial privacy laws, this Privacy Policy will be interpreted to comply with the applicable privacy laws.

Use of our Websites and services outside of Canada.

If you are a resident of a country other than Canada and use or submit personal information to nModal, you consent to the transfer of your personal information to Canada and to any of our service providers located outside of Canada. If you are using our service in a country other than the country to which the service is directed, you understand and agree that we may provide a different level of data protection than required by your country of residence.

Contact Information

If users have any questions or suggestions regarding nModal’s privacy policy, or wish to obtain information on how to access their personal information held by nModal, please contact nModal at: privacy@nmodal.com or write us at:

nModal Solutions Inc.

648 Windermere Ave
Toronto Ontario
CANADA
M6S 3L8