Privacy Policy

March 13, 2024

We take your privacy very seriously.

This Privacy Policy (this “Policy”) applies to Personal Information Ibbaka Performance Inc. (“Ibbaka”) collects from individuals (“you” or “your”) that access our websites and web-based resources we make available through them (the “Websites“), and our subscription-based software services (the “Services”).  “Personal Information” is any personal data or personally identifiable information that can be used to directly or indirectly identify an individual.  This Policy sets out what types of information Ibbaka collects about you, how we will use your Personal Information and our data privacy and protection practices in the collection, processing, use, storage, transfer and disclosure of Personal Information.  

Personal Information we collect

Ibbaka collects Personal Information that is (1) provided to us directly by you, (2) collected through automated means; and (3) collected from other sources.  

1.     Personal Information You Provide to Ibbaka

·       Contact Information.  we collect contact information such as your email address, names, job title/role, password when you sign up for our Services as a user, fill out online forms, register online, contact Ibbaka for support or interact with us when we reach out to you by phone or email in our sales and marketing efforts.

·       Billing Information. we collect contact information for billing purposes, including a name, billing address and payment preferences if you make a purchase through us.  Please note that your financial account number and payment details will be collected and stored by a third-party payment processor on our behalf, and not by Ibbaka.  

·       Career Information. when you submit an application for employment or a resume to Ibbaka directly or online, or if you participate in an interview, we will collect Personal Information such as your name, email address and other contact information you provide, date of birth, qualifications and certifications, work eligibility and employment history together with any additional information you may choose to provide such as social media profiles.

·       Other Information. we collect any other information you may provide to us through participation in surveys, contests, seminars, webinars, conferences or other events.

2.     Personal Information Collected Through Automated Means Ibbaka collects Personal Information about how you access our Websites and the Services, usage information and cookie information.  Personal Information collected will include server logs from browsers of our customer users, IP addresses, browser type, language preferences, device type, operating system, location, cookie information (described in more detail below) and information about how you use and interact with the Websites and Services.  

3.     Personal Information Collected from Other Sources In addition to the information described above, we may also obtain information from public sources and methods, such as information available on public APIs and the internet, and third party sources that we trust, such as trustworthy data providers, social media or channel partners and resellers we have contracted with to deliver our products and services to you through their organization. 

How we use Personal Information

We use your information for various purposes depending on the types of information we have collected from and about you:

·       Use of the Services.  We use your Personal Information to create your accounts, verify your identity, provide and maintain our Services and Websites, process payments, to respond to your inquiries and requests for information or materials, to provide technical support, to communicate with customers and their users through emails or through the Services in connection with updates, maintenance security alerts or other issues concerning our Services and to generally provide you with more effective and efficient customer service.

·       Development of the Services. We use your Personal Information to engage in analysis and research regarding use of the Services, improve the Services, and develop new products and services; and to suggest Services that may be of interest to you.

·       Sales and Marketing.  We use your Personal Information market and inform customers and their users about new products and services, including new features of the Services and to measure the effectiveness of our advertising and deliver relevant advertising to you.

·       Compliance with applicable laws or to defend our rights.  To comply with any procedures, laws, and regulations which apply to us where it is necessary for our legitimate interests or the legitimate interests of others; or to establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others.

·       Other purposes.  With your consent for other purposes, including to post testimonials or reviews of the Services for promotional purposes. 

·       Careers. To process job applications, receive job alerts, conduct applicable background or reference checks and for our diversity, equity and inclusion programs.  

Aggregate/De-Identified Information. 

We may aggregate and/or de-identify any information collected through our Services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use such information for any purpose, including without limitation for research and marketing purposes, and may also disclose such data to any third parties, including advertisers, partners, and sponsors.

Legal bases for processing (for UK/EEA users)

If you are an individual in the United Kingdom or European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable EEA and UK laws. We collect and use your information where one or more of the following legally permitted bases for processing applies:

·       Consent: you’ve given us consent to use your Personal Information for a specific purpose;

·       Performance of a contract entered into with Ibbaka: the information is needed to provide the Services we’ve agreed to or are about to agree to provide under a contract;

·       Legal obligation: we need to process your data to comply with a legal obligation that applies to us or a customer such as in response to a court order or a subpoena; or

·       Legitimate interest: our use of Personal Information is reasonably necessary to achieve our legitimate business interests.

If you have consented to our use of your Personal Information, you have the right to revoke your consent any time. If we are using your Personal Information based on the legitimate interest described above, you may object to that use, however, you may no longer be able to use the Services as a result.

How we disclose your Personal Information

Ibbaka will only disclose your Personal Information as follows:

·       Service Providers. We provide access to or disclose your information to select third parties who help us deliver or improve our Websites and Services or perform services on our behalf, including billing and payment, advertising and marketing, analytics, fraud prevention, research, data storage, security, and consulting and legal services.

·       Your Company. If you are a customer or a user of our Services, we may provide your information to the company you are engaged or employed by to fulfill and enforce our applicable sales agreement with your company, and to inform your company regarding usage, support, or training needs.

·       Protection of Ibbaka and Others. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by applicable law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process (e.g. a subpoena or court order); (b) enforce any contracts with you; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Ibbaka, its agents and affiliates, its users and/or the public.

·       Business Transactions. In accordance with applicable legal obligations, your Personal Information may be provided to third parties in connection with a merger or acquisition (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Ibbaka or our assets, or as part of a corporate reorganization or stock sale or other change in corporate control or business change, including for the purpose of determining whether to proceed or continue with such transaction or business relationship.

·       Aggregate/De-Identified Information. From time to time, we may disclose Aggregate/De-identified Information about use of the Services or our user base to partners and others in our discretion, but such information will not identify you personally.

·       With Your Consent or at Your Direction. In addition to the sharing described in this Policy, we may disclose information about you to third parties whenever you consent to or direct such disclosure.

Information for International Users

Your information is maintained and processed by us and our third-party service providers in Canada, the United States, and elsewhere. Thus, your information may be maintained, processed, and stored in other jurisdictions that may have different data protection laws than those in your country of residence. In the event that your information is transferred in these ways, please note that we comply with applicable legal requirements governing the transfer of information across borders. By accessing our Websites or using the Services, you agree to and acknowledge these transfers.

Third Party Websites and Integrations

Our Websites and Services may contain links to third-party websites and integrations with third-party services.  If you choose to visit these sites and use their services, please note that we are not responsible for their content or privacy practices. The collection, use, and disclosure of your information on these sites and services will be subject to the privacy policies of the third party, and not this Policy. We urge you to read the privacy policies of these third parties if you choose to use their sites and services. 

How we protect Personal Information

Ibbaka uses a variety of technical and organizational security measures to protect your Personal Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction.   In addition to appropriate policies, security procedures and logical and physical access controls, Ibbaka uses secure server hosting, firewall protection and standard secure data storage practices.  However, no Internet or email transmission is ever fully secure or error free. Please keep this in mind when disclosing any information to us online. 

How long we keep your Personal Information

We will only keep your Personal Information for as long as it is necessary for the purposes set out in this Policy unless: (a) a longer retention period is required or permitted by law; or (b) your Personal Information has been turned into Aggregate/De-Identified Information such that it can no longer be traced back to you.

Your Data Protection Rights

Your local laws (e.g., if you are a citizen or resident of the European Economic Area, United Kingdom, or Canada) may provide the following data protection rights: 

·       Right to access: you can request copies of your Personal Information.

·       Right to rectification: you can request corrections to your Personal Information.

·       Right to erasure: you can request that we erase your Personal Information, subject to certain exceptions under applicable laws.

·       Right to restrict processing: you can request that we restrict the processing of your Personal Information subject to certain exceptions under applicable law.  Please note that restricting processing may also limit the availability of certain products, services or information to you that may impact your use of the Services.

·       Right to object to processing: you can object to us processing your Personal Information, subject to certain exceptions.  Please note that objecting to processing may also limit the availability of certain products, services or information to you that may impact your use of the Services

Where we process your Personal Information for direct marketing purposes, you can exercise your right to object at any time without providing any specific reason for your objection.

·       Right to data portability: you can request that we transfer your Personal Information to another organization or directly to you, subject to certain exceptions.

If you would like to exercise any of these rights, please contact us using the contact information listed at the end of this Policy.

In some cases, we act as a processor for our customers (for example, when a customer or its user uploads your information to our Services in order for us to return information about you company for value or pricing analysis).  If these circumstances apply to you and you wish to exercise any rights you may have under applicable data protection laws with respect to any information that we have collected about you, please direct your query to the relevant customer, as in such circumstances the customer is the data controller of your Personal Information. We will provide reasonable assistance to our customers to give effect to data subject rights as appropriate and required by applicable laws. If you are uncertain whether we process your Personal Information as a controller or a processor in any specific context, you can contact us at as described below for more information.

Marketing Options

If, in accordance with applicable legal requirements, we send you marketing communications regarding our Services or the services of third parties that we believe will be interesting to you, you can ask us to stop sending such communications at any time by contacting us using the information in the “Contact Information” section below.  In our marketing email messages, you can also opt out by following the instructions located at the bottom of such emails. Please note that, regardless of your request, we may still use and disclose certain information as permitted by this Policy or as required by applicable law. For example, you may not opt out of certain transactional emails from us, such as those confirming your requests or providing you with updates regarding our Policy or other terms.

Cookies

We use “cookies” to improve the experience of the Website and Services. A cookie is a text file that is placed on an individual’s hard disk by a web page server, often including an anonymous unique identifier.

Cookies cannot be used to run programs or deliver viruses to individual computers.

Cookies are uniquely assigned to individuals and can only be read by a web server in the domain that issued the cookie to such individual. We primarily use cookies to record current login information but do not use permanent cookies. 

When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or home address. We (or service providers on our behalf) may then send communications and marketing to these email or home addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout.

Changes to Our Privacy Policy

This Policy was last updated on the date referenced at the bottom of this page. We will make any revised Policy accessible in the Services or through our Websites, so you should review this Policy periodically. 

If we make material changes to this Policy, we will notify you via a general notice on our Websites, a pop-up notice, or some other method as required by applicable laws. 

By continuing to use the Services or Websites, you are confirming that you have read and understood the latest version of this Policy.

How to contact us:

If you have any questions about Ibbaka’s Privacy Policy, the Personal Information we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us.

Email us at: legal@ibbaka.com.

Or write to us at:

Ibbaka Performance Inc.
2619 W. 3rd Avenue
Vancouver, BC, V6K1M4

This Privacy Policy was last updated on March 13, 2024.