Privacy Policy

Applicable to the Manitou Solution website

Welcome and thank you for your interest in Manitou Solution (“Manitou”), the website at https://manitousolution.com (the Site) and all related websites, downloadable software, mobile applications (including tablets) and other services provided by Momentum Technologies (“Momentum”, “we”, “us”, “our”).

This Privacy Policy applies to all Personal Data that may be collected when you access and use the Site or provide us with communications that you may have with us or our Service Providers in connection with the Site (collectively and combined with the Site, the “Service”).

This Privacy Policy (the Policy) describes the Personal Data we collect with or through the Service, how we use and disclose that Data, and the measures we take to protect that Data.

Please refer to the section entitled “Legal Definitions and References” at the end of this Policy for the definition of certain terms.

By visiting the Site, you agree to the practices described in this Policy.

Data collection for system configuration

 

1. Types of Data Collected

Types of Personal Data processed through the Site include the following: first name, last name, phone number, email address, name of your organization, province or state and city where your organization is located, number of employees, Cookies and Usage Data.

Full details of each type of Personal Data collected are provided in the sections dedicated to this Policy or by specific explanatory texts published before or at the time of data collection, when applicable.

Personal Data may be voluntarily provided by the User, or, in the case of Usage Data, collected automatically when you use the Site.

Unless otherwise indicated, all Data requested by the Site is mandatory and their absence may limit your access, in whole or in part, to the Site or make it difficult or impossible, in whole or in part, to provide our Services. In the event that the Site specifies that certain Data are not mandatory, Users are free not to communicate them without affecting the availability or operation of the Service.

Users who have doubts about the mandatory Personal Data are invited to contact us at:

Manitou Solution
A/S Momentum Technologies Inc.
825 Boul. Lebourgneuf, #412
Quebec, QC, G2J 0B9
1 877 669-8419
info@manitousolution.com

Any use of Cookies – or other tracking tools – on the Site by us or our Third Party Service Providers is intended to provide access to the Site and the Service to the User, in addition to the other purposes described in this document.

Each User is responsible for any Personal Data of third parties that he obtains, publishes or communicates through the Site and confirms that he has previously obtained the consent of the third party to provide us with such Data.

 

2. Treatment Methods and location of the Data

2.1. Treatment Methods

Momentum takes appropriate security measures to prevent unauthorized access, disclosure, modification or destruction of the Data.

The processing of the Data is carried out using computers or computer tools, following the procedures and organizational modes closely related to the purposes indicated. In addition to Momentum, the Data may be accessible, in certain cases, to certain categories of persons in charge of the operation of the Site (administration, sales, marketing, legal service, system administration) or to external parties including our Service Providers with which we are contractually bound to perform for certain portions of the Service (such as our third-party technical Service Providers, courier services, our hosting providers, IT companies, our communications agencies and our suppliers)

 

2.2. Legal Basis for Data Processing

Momentum may process Personal Data relating to Users if at least one of the following conditions applies:

• Users have given their consent for one or more specific purposes, for example via the completion of a form;
• the provision of Data is necessary for the performance of the Service;
• the processing is necessary for the legitimate interests of Momentum or any of its Service Providers, for example for purposes of personalization of the Service or marketing, to the extent permitted by applicable law;
• the processing is necessary to comply with a legal obligation to which Momentum or one of its Service Providers is subject or where applicable law requires it;
• the communication of the User’s Personal Data is required in the context of a lawsuit against Momentum or in the steps that may lead to legal action resulting from improper use of the Site or the Service or a related service provided by Momentum.

In any case, do not hesitate to contact us to find out more about the treatment process of your Data.

 

2.3. Location of the Data

The Data are processed in Canada, Province of Quebec, and in all other places where the parties responsible for processing are located.

Depending on the location of the User, data transfers may result in the transfer of Data from the latter to a country other than his own. To find out more about the place of processing of these transferred Data, Users can consult the section that contains details on the processing of Personal Data.

 

2.4. Conservation Time

Personal Data is processed and stored as long as required for the purpose for which it was collected.

Therefore:

• Personal Data collected for the purpose of providing the Service or for purposes related to the performance of a contract by Momentum at the request of the User must be retained until full provision of the Service or performance of the contract.
• Personal Data collected for the purposes of Momentum’s legitimate interests may be retained for as long as necessary to achieve those purposes, to the extent permitted by applicable law.

Momentum may be permitted to retain Personal Data longer whenever the User has consented to such treatment, as long as such consent is not withdrawn. In addition, Momentum may be required to retain Personal Data for longer whenever required for the performance of a legal obligation or at the order of an authority.

Once the retention period has expired, the Personal Data will be deleted or aggregated and anonymized for statistical purposes. Therefore, the right of access, the right of cancellation, the right of rectification and the right to portability of the data cannot be applied after the retention period has expired.

 

3.Purposes of the treatment

The User Data is collected to enable Momentum to provide the Service, as well as for the following purposes, as described below: Analysis and Maintenance and Contacting the User.

Users may find further information about the purposes of this processing and the specific Personal Data used for each purpose in the respective sections of this document.

 

4.Detailed information on the processing of Personal Data

Personal Data is collected for the following purposes:

 

4.1. Analysis and Maintenance

For operation and maintenance purposes, Momentum may collect via the Site files that record Users’ interactions with the Site (system logs) as well as Usage Data.

Momentum uses Google Analytics to monitor and analyze web traffic on the Site and to monitor the evolution of the User’s behavior.

Google Analytics is a web analytics service provided by Google LLC (“Google”). Google uses the Data collected to track and analyze the use of the Site, to prepare reports on its activities and to share them with other Google services. Google may use the Data collected to contextualize and personalize the advertising of its own advertising network.

Personal data collected: Cookies and Usage data.

Place of Processing: United States – Privacy Policy – Opt Out. Privacy Shield participant.

 

4.2. Contacting the User

Website Contact Form

By completing the contact form available on the Site and providing its Data, the User authorizes the use of this information by Momentum to respond to requests for information or any other request as indicated in the -head of the form as well as for any other purposes of follow-up or other uses permitted by the applicable laws, in particular for marketing purposes.

Personal Data collected includes, but is not limited to: email address, last name, organization name, number of employees, phone number, first name, city and province/state where the organization is located.

 

5. User Rights

Users may exercise certain rights with respect to their Data processed by Momentum or its Service Providers in accordance with this Policy.

In particular, Users have the right to do the following:

• Withdraw their consent at any time.
  Users have the right to withdraw their consent if they have already consented to the processing of their Personal Data.
• Oppose the processing of their data.
  Users have the right to oppose the processing of their Data if the processing is performed on a legal basis other than consent. Users may object to this treatment by providing a justification for their particular situation, except where the opposition is for processing for direct marketing purposes, where no justification is required.
• Access their Data.
  Users have the right to know which of their Data is being processed, to obtain information on certain aspects of the processing and to obtain a copy of the Data being processed, under certain conditions, when applicable.
• Check and get a correction.
  Users have the right to verify the accuracy of their Data and request that it be updated or corrected.
• Limit the processing of their data.
  Users have the right, under certain conditions, to limit the processing of their Data. In this case, their Data will only be processed for storage, subject to the limitations applicable to the retention of Data, as set forth in this Policy.
• Have their Personal Data deleted or erased.
  Users have the right, under certain conditions, to obtain the erasure of their Data collected within the framework of this Policy.
• Retrieve their data and transfer it to another controller.
  Users have the right to recover their Data in a structured, commonly used and machine readable format and, where technically possible, to transmit it to another processor without barriers of any kind. This provision applies, provided that the Data are processed by automated means and that the processing is based on the consent of the User, on a contract to which the User is party or on pre-contractual obligations.
• File a complaint.
  Users have the right to lodge a complaint with their data protection authority.

 

How to exercise these rights

Any request for the exercise of the User’s rights may be sent to Momentum free of charge using the contact details provided in this document. Momentum will make every effort to respond to your request as soon as possible, which will generally not exceed one month, with some exceptions.

 

5.1. Changes to this Policy

Momentum reserves the right to make changes to this Policy at any time by notifying Users on this page or elsewhere on the Site or – as far as technically and legally possible – by sending a notice to Users by email or otherwise in the event that the changes are likely to have a significant impact on the processing of the Data from the point of view of the User. It is strongly recommended to consult this page frequently, referring to the date of the last modification indicated at the bottom.

 

6. Legal Definitions and References

Personal Data (or Data)

Any information which, directly, indirectly or in relation to other information – including an email address – makes an individual identifiable.

Usage Data

Information collected automatically by Momentum via the Site (or by third-party Service Providers in connection with the Site), which may include the IP addresses or domain names of the computers used by the Users, the Uniform Resource Identifier (URL) addresses (or Uniform Resource Identifier), the time of visit or request, the method used to submit the request to the server, the size of the received file in response, the numeric code indicating the status of the server response (favorable result, error , etc.), the country of origin, the browser and operating system characteristics used by the User, the different details of the visit (time spent on the pages, path followed, sequence of pages visited) and other parameters concerning the operating system or the computer environment of the User.

User

The natural person using the Site which, unless otherwise indicated, corresponds to the Person Concerned.

Person Concerned

The natural person to whom the Personal Data refers.

Service Provider or Subcontractor (or Data Manager)

The natural or legal person, public authority, institution or other body that processes Personal Data, in whole or in part, on behalf of Momentum, as described in this Policy.

European Union (or EU)

Unless otherwise indicated, all references in this document to the European Union include all current Member States of the European Union and the European Economic Area.

Cookies

Small sets of data stored in the user’s device.

Legal Information

This Policy has been prepared in accordance with the provisions of several laws, in particular Article 13/14 of European Regulation 2016/679 (General Data Protection Regulation).

This Policy only applies to the Site, unless otherwise specified in this document.

Last revised: November 1, 2018

Personal Information Protection Policy

Manitou Application

PLEASE READ CAREFULLY OUR PERSONAL INFORMATION PROTECTION POLICY BEFORE USING THE MANITOU APP.

Momentum Technologies inc. (“MOMENTUM” or “we/us“) has implemented this privacy policy (the “Policy“), aware that, for users of the MANITOU mobile application (the “Application“), data quality, confidentiality, and security are paramount.

By accessing and using the Application, you on your own behalf consent to this Policy. More specifically, by accessing and using the Application, you expressly consent that the information you provide will be collected and used for the purposes mentioned below, in addition to the purposes for which you have expressly consented. This Policy is an integral part of the Terms of Use for the Application. To learn more about these conditions, please refer to your employer. If you do not agree to be bound by this Policy, please do not access or use the Application.

The Application is a mobile application reserved to authorized users of Manitou, our management system. More specifically, the Application allows you to query Manitou’s database in order to simplify time and expense account keeping and gathering of related information. For proper operation, the Application requires access to Manitou. To use it, you must be connected to the Internet and be able to send and receive data. The Application does not store any information on your mobile device.

The following sets out our practices for collecting and using information through the Application, including its functionalities, updates, and upgrades made available from time to time, as well as fixes and improvements that replace or complement the Application distributed under the same licence.

This Policy also aims to comply with Canadian laws relating to the protection of personal information and, where applicable, the General Data Protection Regulation (“GDPR“), but in the latter case and as required, specific measures can be agreed with us in advance.

This Policy may be updated or amended from time to time. If applicable, these changes will be effective immediately and will be incorporated into this Policy upon notice to that effect. This notice may be posted, including but without limitation, on the home page of the Application or at the beginning of the Policy update. Your continued use of the Application following the posting of such notice will be deemed to constitute your acceptance of the updated Policy.

1. Access to the Application

Personal Information. For the purposes of this Policy, the term “personal information” means any information or combination of information relating to a natural person and allowing them to be identified.

Access to the Application. To access the Application, you must use the same credentials you use to access Manitou.

2. Consent

Consent. In order to be valid, your consent to the collection, use, or disclosure of your personal information must be specific, clear, free, and informed. Depending on the sensitivity of your personal information, your consent may be express (given orally, in writing, or electronically) or implied (including when you voluntarily provide personal information).

Generally, we obtain your consent to the collection, use, or disclosure of your personal information when you log in to the Application, except where otherwise required or permitted by law. If you use the Application, you consent to the collection, use, or disclosure of your personal information required for that use.

Your employer may also send some of your personal information needed for you to use the Application, prior to your first connection, in order to create a profile for you in the Application and thereafter to keep it up to date, to which you hereby agree. For any questions relating to the information sent by your employer via the Manitou management system, please refer directly to them and to your organization’s internal policies.

By using the Application and communicating personal information in it or in Manitou, you agree that the personal information you send us will be used in accordance with this Policy and that some of your personal information will be accessible to your employer via the Application or Manitou.

You may also withdraw or restrict any consent given at any time, subject to legal and contractual restrictions and reasonable notice. To do this, please refer directly to your employer and your organization’s internal policies. Please note, however, that if you choose to withdraw your consent, totally or partially, certain services or features of the Application will no longer be accessible.

Responsibility of users. Employers are responsible for authorizing certain employees (principals) as authorized users of the Application. Each authorized user of the Application and/or Manitou, as an employer or principal, has sole responsibility for respecting the confidentiality and privacy of the authorized users of the Application and/or Manitou under any law or regulation governing the working relationship between these authorized users. Without limiting the foregoing, all users of the Application must be of the minimum age required to give valid consent under any applicable law and regulation for the purpose of collecting their personal information. All use of the Application must be legal and lawful.

3. Collection and Use of Information

Collection. We only collect personal information necessary for you to be able to use the Application. This information is that which you and/or your employer have shared via Manitou, your user account linked to Manitou, any other personal information disclosed, in particular, information linked to an expense account, and certain additional comments or statements on your health condition. If in doubt about the legality of the sensitive information requested, you should refer to your employer or principal and to the laws applicable to your workplace.

Use. We use the information thus collected in the Application to give you access to Manitou and update your profile, time management and collection, and any other related information.

We may use your information or your usage patterns in the Application to improve its functionality and personalize your customer experience. We may also access your account and your personal information in order to assist you and to provide technical support.

We do not use your information for marketing or advertising purposes. We do not sell or lease your personal information to third parties for commercial purposes. We do not use log files, cookies, or any other tracking tool or technology. The Application does not use geolocation.

Storage. Personal information that may have been collected through your use of the Application will only be kept in Manitou and only for the period of time necessary to achieve the purposes for which it is intended. No personal information is stored directly in the Application. Your personal information will be destroyed once the purposes for which it was collected are exhausted, or otherwise, for the time provided for by applicable law.

Disclosure. Your personal information entered into the Application will be shared with persons in your organization or linked to it, who also have access to this information through Manitou. Whenever we need to disclose personal information about you, we will endeavour not to disclose more information than is required under the circumstances.

In order to provide you with the Application and all of its functionalities, you agree that we may communicate your personal information to entities affiliated with our group or to our service providers, who need to have access to your information to assure the proper operation of the Application. In such cases, your personal information remains under our control. Otherwise, if we need to provide access to your personal information or to the content that you have transmitted through the Application, this is always done only (a) if we have obtained your consent; or (b) under a legal authorization or obligation, including if we believe in good faith that such disclosure is necessary in order to prevent imminent harm or to report suspected illegal activity.

Our communications with you. We may send you emails from Manitou during certain actions performed in the Application, in particular for confirmation or alerts.

It may be possible to activate or deactivate the “notification” function in the Application. We may send you notifications for the following reasons: reminders to fill out the timesheet, reminders to complete your expense account, reminders about an unsigned request for leave of absence, etc. You can turn these notifications on or off at any time by changing your settings in the Application; however, when the notifications are turned off, you will no longer have access to these reminder functions.

Security and protection of personal data. The personal information we collect is kept in a secure environment. We are committed to maintaining a secure online environment by integrating technological tools that meet industry standards for security and by periodically confirming the security of our systems. Our workers are required to respect the confidentiality of your information and to respect the governance rules that we have adopted in this regard. We are committed to doing business with third party service providers, whose security and confidentiality practices meet high standards for the protection of personal information, and to revalidating these standards from time to time.

However, as no mechanism offers perfect security, there is always some risk involved when using the Internet to send personal information or content.

In the event of a breach of confidentiality or security, MOMENTUM will take the necessary legal measures, and will send any notice to this effect when required.

Storage. MOMENTUM contracts with a third-party provider for the storage of all information collected, including personal information. Your personal information is kept and stored on our behalf in Canada, either in the province of Quebec or in the province of Ontario. All data is stored in servers with advanced encryption and protected against improper use and access by unauthorized persons.

Personal information protection impact analysis. When required, MOMENTUM will conduct a personal information protection impact analysis before rolling out new technologies that are highly likely to infringe upon your rights and freedoms, including your right to privacy.

Automated individual decision making. We recognize that you have the right to know whether your personal information is being processed by an automated decision-making system. Upon request, MOMENTUM will provide you with information to this effect. Unless required or permitted by law, you have the right to refuse to have a decision based exclusively on an automated system be made with respect to you, when that decision has legal consequences for you.

Abuse and unsolicited communications. We do not tolerate any abuse of the Application. If you notice that someone is abusing the Application, your account or username, or is using the Application abusively or inappropriately, please let us know.

Applicable law and jurisdiction. Subject to any law or application of public order jurisdiction, in particular under the GDPR, this Policy is governed exclusively by the laws of the province of Quebec and the federal laws applicable therein. Any dispute, remedy, or claim arising out of or in connection with this Policy, or the use of the Application, or its contents shall be resolved through good faith negotiations between the parties. If such negotiations prove to be insufficient, such dispute, remedy, or claim shall be submitted to the exclusive jurisdiction of the competent courts in the judicial district of Momentum, province of Quebec, Canada.

Right of access, rectification, opposition, and deletion. We are committed to recognizing the right of access to (including the right to data portability) and rectification for data of persons wishing to consult, modify, receive, or even delete information concerning them. We are also committed to offering you the right to object and delete your personal information. Upon such request, we will take the necessary steps to modify or delete your information within a reasonable time. For these purposes and given that the Application is linked to Manitou, you understand and accept that this may, in particular, require the active collaboration of your employer, over which MOMENTUM does not have control. Please note, however, that some information may remain in archived/backed up copies for our records or as otherwise required by law.

To exercise these rights or to communicate with us concerning any other requests or questions, you can send a written request to our Privacy Officer, Maud Dagorn, by e-mail at: support@manitousolution.com, or by mail to: Privacy Officer, 825 boul. Lebourgneuf, bureau 412, Quebec, QC, G2J 0B9.

Last revised: December 2, 2020