(LAST UPDATED: March 2021)
Introduction, Acceptance, Definitions, and Modifications
“Customer” means any individual or legal entity having registered and paid (or using a free trial) to use Wisk’s Services;
“Services” means the software services developed and owned by Wisk that record, monitor and manage alcohol inventory (and perform related functions) in bars, restaurants or other establishment(s) that you own and / or operate. The Services include the Application and the Website, which work in combination;
“User” means any natural person who is authorized by Customer to access and use the Services; and
“Website” is the website located at www.wisksolutions.com which is owned and operated by Wisk, and includes all subdomains thereof, present and future. The Website forms an integral part of the Services and as such, any reference to the Services, may also be a reference to the Website, depending on the context.
For greater certainty, in this Policy “you” or “your” may refer to either a Customer or a User, depending on the context.
Additional definitions may be made throughout this Policy, but they will be recognizable as they will be capitalized, bolded, and in quotation marks. Additional definitions may also be found in the Services Agreement (the “Agreement”), and will have the same meaning in this Policy as they do there. The definitions found in this Policy shall also apply to the Agreement.
By visiting and / or using the Website, by entering into the Agreement with us for use of the Services, by downloading, using or accessing the Application, or by submitting Personal Information (as defined below) to us on or through the Website, the Application or via other means, you consent to Wisk’s collection, use and disclosure of your Personal Information (as defined below) in accordance with this Policy (as amended from time to time) and as permitted or required by law.
If you are an individual using the Services on behalf of Customer, you represent and warrant that you have the capacity and authority to accept the Policy on behalf of Customer. If you are Customer, you represent and warrant that you have the legal or contractual authority to submit Personal Information of your Users as envisioned by the Services, and have obtained those Users’ consent to allow Wisk to collect, use and disclose their Personal Information as described in this Policy.
Where the present Policy refers to “Wisk”, it may refer to Wisk Solutions Inc. and / or its officers, directors, employees, agents or representatives, depending on the context.
Wisk reserves the right, at any time and without prior notice, to modify or replace any of this Policy. The revised Policy will be posted on the Website and will be made available through the Application. It is your responsibility to check the Policy periodically for changes. Your use of the Services following the posting of any changes to the Policy constitutes acceptance of those changes. If we make any substantial changes to the Policy that materially affect the way we treat Personal Information, we will use commercially reasonable efforts to notify you, including by sending a notice to the primary email address specified in your account if you are a Customer.
Your consent to our maintenance of your personal data may be withdrawn at any time.
If you have any questions about the Policy or if you wish to inquire about and / or access or correct any Personal Information Wisk holds about you, please contact:
Wisk Solutions Inc. 280 rue Papineau La Prarie, Quebec Canada J5R 5H8
Attn: Privacy Officer
General Statement of Privacy and Protection of Personal Information
Wisk takes your privacy and the security of Personal Information (as defined below) very seriously. This Policy describes our practices with respect to Personal Information.
What Does This Policy Cover?
This Policy covers the treatment of personal information, i.e. any information about you as an identified or identifiable individual (“Personal Information”) that you voluntarily submit to us or that we otherwise collect about you when you access or use the Services.
This Policy does not apply to the general practices and treatment of information (whether personal or not) by third parties that Wisk does not own or control, including but not limited to any third-party websites or services that you elect to access through the Website and / or Application or via a link from the Website and / or Application (“Third-Party Website”), or to individuals that Wisk does not manage or employ. While we attempt to facilitate access or link only to those Third-Party Websites that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third-Party Websites. We encourage you to carefully review the privacy policies of any Third-Party Website you access.
Personal Information Collected and its Uses
The following is a list of Personal Information collected from you when you use the Services and what we use it for.
“Contact Information”. You may submit information such as your name, email address, company name, mobile phone number and postal address (collectively, “Contact Information”) on the contact forms on the Website and / or the Application. We use this Contact Information in order to respond to your inquiry. If you have used a contact form to sign up for our newsletter, we will use the Contact Information to send you the newsletter; please see the Email Communications section further in this Policy for more information.
“Customer Information”. In order to use the Services, you will be required to enter into the Agreement and submit Personal Information about you and Customer, which may include, but may not be limited to, your name, email address, Customer’s company name, your mobile phone number, your job title, the postal address of Customer, the venue size and POS partner (collectively, “Customer Information”). This Customer Information is used to manage your account, facilitate your use of the Services, and communicate with you about your account.
“Billing Information”. We use Stripe to process any payments you make to us. As a Customer, you will be required to enter the following information in order to purchase a subscription to use the Services (when not using a free trial): credit card number, credit card expiry date, security (CVV) number, and billing address (if different from your company address) (your “Billing Information”). Billing Information used to process the credit card transaction for your purchase(s) and as otherwise described in the “Secured Payments” section below in this Policy.
“User Information”. As a Customer, you or your Users are required to enter your first and last name and email address (“User Information”). User Information is used to allow for the proper functioning of the Services, and to communicate information about the Services to Users.
In addition to the uses described above, we may also use Personal Information you have submitted to provide technical support and other customer service you may request from time to time.
Non-Personal Information and its Uses
In addition to the personal User Information described above, Wisk also collects certain non-personal information including, but not limited to, stocks, bottles, and sales statistics through ordinary use of the Services by Customers and Users. We may use non-personal information in the ordinary course of running our business. This information is tied to Customer or User login details, but is not about an individual so is not considered Personal Information for the purposes of this Policy.
Security and Encryption of Information
The file containing your Personal Information is maintained on our servers or those of our service providers. Wisk uses industry-standard practices (physical, electronic and procedural) in keeping any data collected (including Personal Information) secure. Wisk uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services, and these third parties have been selected for their high standards of security, both electronic and physical. Please note that these third parties may not be located in your home jurisdiction – see the “Transfer of Personal Information Outside Your Home Jurisdiction” section further in this Policy for more information. When you are subscribing to the Services, all transaction data, including credit card information, is transferred by encrypted Secure Sockets Layer (“SSL”), the standard for Internet transactions.
Please note that instant messenger, Facebook and Twitter are not secure means of communication as communications via these methods may be subject to interception, loss, or alteration. While we welcome your comments and suggestions, we encourage you to carefully examine what Personal Information you send to Wisk via these methods.
Disclosure of Personal Information to Third Parties
Your Personal Information is accessible to a limited number of personnel who need access to the information to perform their duties.
Personal Information may be transferred to or otherwise processed by service providers who perform certain functions on our behalf such as data hosting, processing and storage, payment processing. These service providers may not be located in your home jurisdiction – see the “Transfer of Personal Information Outside Your Home Jurisdiction” section further in this Policy for more information.
Email Communications and Compliance with Anti-Spam Laws
Wisk uses your Personal Information to contact you via email during the registration process and as necessary to contact you in relation to your use of the Services, including to notify you of any significant changes to this Policy.
We may also use your Personal Information to send you information and offers that we believe you might be interested in. You can unsubscribe from these communications at any time by contacting us as described above, or by using the unsubscribe feature provided in the communication (if any).
Access, Verification, Correction and Deletion of Personal Information
You have the right to: (i) request access to the Personal Information that Wisk holds about you; (ii) verify what Personal Information Wisk holds about you; (iii) ask for your
Personal Information to be corrected or updated; and (iv) withdraw your consent to the use by Wisk of your Personal Information and have it deleted from our records. To exercise any of these rights or to obtain more information, please contact us:
• By email at: email@example.com
• By telephone at: +1 (855) 678-9475
• By mail at: 488 Wellington St W #304, Ontario, Canada, M5V1E3
Please note that deletion of your Personal Information may make it impossible for you to use the Services, or certain portions thereof.
Unless otherwise required by law, we retain Personal Information collected from you for as long as your account is active or for the period of time necessary to fulfill the purposes for which we initially collected it. As a result, if you request deletion of your Personal Information, Wisk may retain some of your Personal Information for a reasonable time in order to satisfy our legal obligations, or where we reasonably believe that we have a legitimate reason to do so.
Transfer of Personal Information Outside Your Home Jurisdiction
Customers and Users may access the Website from any country in the world. Wisk and its third-party vendors, including service providers and hosting partners, are located in the United States and Canada. You acknowledge that Wisk and our third-party vendors may be located in jurisdictions or countries where the privacy laws may not be as protective as those in your home country, state, province or other governmental jurisdiction, and consent to the transfer of your Personal Information to such countries. Without limiting the generality of the foregoing, Users in the European Union acknowledge and agree that their Personal Information may be transferred to the United States.
Tracking Technology (“Cookies”) and Related Technologies
Wisk uses tracking technology (“cookies” and related technology such as tags, pixels and web beacons) on the Website and by using the Services, you agree to their use. Cookies are small text files placed on your hard drive when you visit a website, in order to track use of the site and to improve the user experience by storing certain data on your computer. The Services uses “session cookies,” which improve your user experience by storing certain information from your current visit on your computer while you are a User.
• to facilitate your signing-in to the Services;
• to keep track of your preferences while using the Services;
• to provide general internal and user analytics;
• to conduct research to improve the content of the Services using analytics programs as described above in this Policy;
• to facilitate the payment processing of repeated payments for subscriptions to the Services;
• to assist in identifying possible fraudulent activities.
Risks Associated with the Internet
Unfortunately, despite Wisk’s best efforts to ensure that third parties will not access or obtain your Personal Information through your use of the Services, complete confidentiality and security cannot currently be guaranteed on the Internet. Communication via the Internet is subject to interception, loss, or alteration. You acknowledge and agree that Wisk cannot be held responsible for damages resulting from the transmission of confidential information or Personal Information over the Internet and that such communications are at your own risk.
Limitation of Liability
Wisk, our affiliates, and each of our respective Representatives, will not be held liable for any losses or damages, direct or indirect, pecuniary or not pecuniary, resulting from the misuse of any information collected by any third party, or any misuse of any information collected through the Services.
© Wisk Solutions Inc. 2021
This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Statement of WISK Solutions Inc. and its subsidiaries (collectively, “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.
Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
Personal information does not include:
· Publicly available information from government records.
· De-identified or aggregated consumer information.
· Information excluded from the CCPA's scope, like:
o health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
o personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
We obtain the categories of personal information listed above from the following categories of sources:
· Directly from our clients or their agents. For example, from documents that our clients provide to us related to the services for which they engage us.
· Indirectly from our clients or their agents. For example, through information we collect from our clients in the course of providing services to them.
· Directly and indirectly from activity on our website (www.wisk.ai). For example, from submissions through our website portal or website usage details collected automatically.
· From third-parties that interact with us in connection with the services we perform. For example, from Point-of-Sale Companies when they refer us clients and provide the client information.
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
· To fulfill or meet the reason for which the information is provided. For example, if you provide us with stock information in order for us to help you do the inventory of your venue, we will use that information to take the inventory and help you keep track of your stock count and variance reports .
· To provide you with information, products or services that you request from us.
· To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
· To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
· To improve our website and present its contents to you.
· For testing, research, analysis and product development.
· As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
· To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
· As described to you when collecting your personal information or as otherwise set forth in the CCPA.
· To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Protected classification characteristics under California or federal law.
Category I: Professional or employment-related information.
We disclose your personal information for a business purpose to the following categories of third parties:
· Our affiliates.
· Service providers.
· Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.
In the preceding twelve (12) months, we have not sold any personal information.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
· The categories of personal information we collected about you.
· The categories of sources for the personal information we collected about you.
· Our business or commercial purpose for collecting or selling that personal information.
· The categories of third parties with whom we share that personal information.
· The specific pieces of personal information we collected about you (also called a data portability request).
· If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
o sales, identifying the personal information categories that each category of recipient purchased; and
o disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either: Phone number, email, or website (must have at least two ways to contact)
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
· Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
· Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
· Deny you goods or services.
· Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
· Provide you a different level or quality of goods or services.
· Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.
If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at: firstname.lastname@example.org