1.5 As used herein, the following terms shall have the following meanings:
"Affiliate" means a corporation that controls, is controlled by, or is under common control with, CWC.
"CaseWare Cloud Services" means those Cloud Services offered by CWC to Customers.
"Cloud Infrastructure" means those computing devices, including servers, networking equipment, data storage devices, and associated software used in the provision of the Cloud Services.
"Cloud Services" means computing resources provided by way of the Internet and may include the provision of storage, software, platform, computing services or other resources.
"Cloud Services Agreement" means an applicable agreement for the provision of CaseWare Cloud Services between a Customer and CWC.
"Customer" means a party who has entered into a CaseWare Cloud Services Agreement for the provision of CaseWare Cloud Services with CWC and who has authorized you to access and use the CaseWare Cloud Services, so provided;
"Desktop Program" means computer software program or programs offered by Affiliates of CWC to Licensees for installation and execution on computing systems owned or operated by Licensee, but does not include the CaseWare Cloud Services.
"Licensee" means a party who has entered into a valid license agreement for a Desktop Program with an Affiliate of CWC and who is authorized to use and access the Desktop Program.
"Personal Information" means information about an identifiable individual, and may include information such as a person's name, email address, residential address, telephone number, bank account details, and in some cases, more sensitive information such as but not limited to gender, demographic information, family status, investment particulars, consumption preferences, business expenditures, credit score, accounting data, social security or social insurance numbers, bank account information, passports, drivers licenses and payment card information.
"Subscriber Data" means any content, information, and data input by you using the Cloud Services as provided for a Customer by CWC, and data derived therefrom.
"Website" means www.caseware.com, and any other website operated by CWC or its Affiliates in providing the CaseWare Cloud Services and includes all related webpages, and all related websites operated by Affiliates, but does not include any third-party websites which are linked to or may link from the Website whether or not such third-party websites are used in connection with the CaseWare Cloud Services, and does not include the access or use of the CaseWare Cloud Services themselves.
1.6 CWC has the following Affiliates:
CaseWare Europe Limited
CaseWare International Inc.
CaseWare LatinoAmerica, S.R.L.
CaseWare Asia Ptd. Ltd.
CaseWare IDEA Inc.
CaseWare IDEA B.V.
CaseWare Software Holding Limited
CaseWare UK Limited
CaseWare RCM Inc.
CaseWare Beijing Limited
CaseWare Hong Kong Limited
CaseWare Greater China Pte Ltd.
2.0 Questions or Complaints?
CaseWare Cloud Ltd.
1 Toronto St, Suite 1400
Toronto ON M5C 2V6
Telephone: (416) 867-9504
Fax: (416) 867-1906
3.1 In accessing or using the CaseWare Cloud Services you may provide CWC with, and CWC may collect, Personal Information such as:
last name, first name, address and date of birth;
communication data (e.g. telephone number, email, IP addresses, mac addresses);
contract master data;
billing and payment data;
IT usage data (e.g. user ID, passwords, roles, geolocation data, website usage, cookie related data, tracking and analytics data);
bank data (e.g. bank account details and credit card number);
and credit rating data (e.g. payment behavior and balance sheets).
3.2 CWC may also collect Personal Information about you from other sources including third parties from whom we have purchased business contact information and from publicly accessible websites, such as your company's website, professional network services, or press releases.
3.3 CWC may, at its option, combine Personal Information you have provided to CWC with data collected from other sources as described above. CWC may process this data to update, expand, and analyze our existing marketing records; identify new customers; and send marketing emails, as permitted by law.
Head of Technology Operations & Security
5.0 Legal Bases
Consent: In some cases, CWC will ask you for your consent to process your personal data, such as when we need your consent for marketing purposes. You can withdraw your consent at any time, which will not affect the lawfulness of the processing before your consent was withdrawn. If you would like to withdraw your consent, you can do so by emailing firstname.lastname@example.org.
Legitimate Interest: CWC processes certain data for the legitimate interests of CWC, its Affiliates, partners, or customers. These legitimate interests include, for example, contacting you to provide support or sending you marketing information (subject to applicable law); detecting, preventing, and investigating illegal activities and potential security issues; providing the CaseWare Cloud Services; and maintaining and improving the Website, the CaseWare Cloud Services and the CaseWare Desktop Programs. CWC will rely on our legitimate interests for processing Personal Information only after balancing our interests and rights against the impact of the processing on individuals.
Performance of a Contract: CWC processes Personal Information in order to provide the CaseWare Cloud Services, and to perform our obligations under an agreement with you or a Customer.
Other Legal Bases: In some cases, we may have a legal obligation to process your personal data, such as in response to an order of court of law or regulatory authority. We also may need to process your Personal Information to protect vital interests, or to exercise, establish, or defend legal claims.
5.2 CWC collects Personal Information directly from you and only obtains Personal Information from other organizations (e.g., your bank or other third-party service providers) when you provide CWC with the account numbers, passwords or other credentials required to retrieve the Personal Information and for the purpose of providing you with CaseWare Cloud Services.
5.4 You can opt out of any e-mail communication sent by CWC or its Affiliates. CWC's e-mails will contain clear and obvious instructions describing how you can be removed from any mailing list. CWC will remove you at your request within a reasonable amount of time.
6.0 Identifying Purposes
CWC collects, uses and discloses Personal Information only for the purposes of providing CaseWare Cloud Services, the Website and in improving Cloud Services or Cloud Infrastructure, the Website and Desktop Programs, and for such other ancillary purposes consented to by you as set out herein or as required by law.
7.0 Limiting Collection
7.1 Use of CaseWare Cloud Services may require you to provide Subscriber Data. That Subscriber Data may include Personal Information.
7.2 CaseWare may collect Personal Information directly from you when you:
register to use the CaseWare Cloud Services;
use the CaseWare Cloud Services;
provide Subscriber Data; and
contact CWC for support.
7.3 CWC also uses common information-gathering technologies for indirectly collecting usage data, including cookies, web beacons and similar technologies to automatically collect information that may contain Personal Information from your computing or mobile device as you use the CaseWare Cloud Services. CaseWare may gather certain information automatically in connection with the use of the CaseWare Cloud Services by individual users. This information may include IP address (or proxy server), device and application identification numbers, location, browser type, Internet service provider and/or mobile carrier, the pages and files viewed, searches, operating system and system configuration information and date/time stamps associated with your usage.
7.5 You can always choose not to provide Personal Information to CWC, but it may mean that CWC is unable to provide you with CaseWare Cloud Services or access to the Website.
8.0 Limiting Use, Disclosure and Retention of Personal Information
8.1 CWC collects, uses and discloses information (which may include Personal Information) for the following purposes:
To verify your identity.
To contact you for the purposes of product information, service updates, billing notifications, or notifications relating to the CaseWare Cloud Services. In particular, CWC requires you to give us necessary contact information such as name and email address. We also ask for unique identifiers (log-in password names). CWC uses such contact information to send information about CWC's or its Affiliates' products and services.
To assist you with technical support issues.
To comply with any laws, regulations, court orders, subpoenas or other legal process or investigation and to protect CWC, its Affiliates and other individuals from harm.
To improve and enhance CWC Service offerings. CWC may use Personal Information provided by its users in an anonymous, and/or aggregated fashion to improve or enhance its Cloud Services and other service offerings. For example, the Personal Information may be used to analyze overall trends, to help us provide and improve our Website and CaseWare Cloud Services and to guarantee their security and continued proper functioning, to provide necessary functionality, to assess and improve Customer and user experience of the CaseWare Cloud Services, to identify future opportunities for development of the CaseWare Cloud Services, to identify customer opportunities.
8.3 It is your responsibility to keep your password or other forms of authentication to the CaseWare Cloud Services safe. You agree to notify us as soon as possible if you become aware of any misuse of your password, and immediately change your password within the CaseWare Cloud Services.
9.2 You are responsible for ensuring that the information you have provided is truthful, accurate, reliable and complete, and does not infringe the rights of others.
9.3 CWC will retain Subscriber Data provided by you or the Customer as long as the Customer remain(s) a subscriber of the CaseWare Cloud Services in good standing, in accordance with the CaseWare Cloud Services Agreement. CWC will retain and use your Personal Information as necessary to comply with CWC's legal obligations, resolve disputes, and enforce agreements with CWC.
10.0 Where Your Personal Information is Stored
10.1 CWC uses third party data hosting providers (e.g. Amazon Web Services) to host its Cloud Services and Subscriber Data for Customers on servers located throughout the world. A complete list of third party hosting providers may be found on https://www.casewarecloud.com/security.html#security.
10.2 Upon subscribing to the CaseWare Cloud Services, CWC shall inform Customer of the preferred jurisdiction in which a server that has been allocated to host Customer's Subscriber Data and Personal Information is located. Customer may consent to such allocation, or refuse a server so allocated. If Customer consents, Subscriber Data for Customer will be stored on a server in the preferred jurisdiction. If Customer refuses allocation of a server, CWC may not be able to provide Customer with CaseWare Cloud Services.
10.3 At present, CWC uses servers in the United States, Australia, Canada and Europe. For Customers of the CaseWare Cloud Services in the United States, CWC will attempt to allocate a server in the United States. For Customers of the CaseWare Cloud Services in Europe, CWC will attempt to allocate a server in Europe. For Customers of CaseWare Services in Canada, CWC will attempt to allocate to a server in Canada. For Customer to the CaseWare Cloud Services in Australia, CWC will attempt to allocate a server in Australia.
10.4 By entering personal information into the CaseWare Cloud Services, you consent to that Personal Information being hosted on servers where allocated. Each data hosting provider's role is limited to providing a hosting and storage service to CWC, and CWC has taken reasonable measure to ensure that our data hosting providers will not access the data, and will use the necessary level of protection for, Personal Information. They do not control, and are not permitted to access or use your personal information, except for the limited purpose of storing the information. CWC may further access the Personal Information from its locations in Canada for the purposes described in Section 8.
10.5 If you do not want your Personal Information to be accessed or transferred to a server as described above, You should not provide CWC with Personal Information or use the CaseWare Cloud Service.
11.1 CWC is committed to protecting the security of your Personal Information and we take all reasonable precautions to protect it from unauthorized access, modification and disclosure. CWC uses technical and organizational measures that provide a level of security appropriate to the risk of processing your Personal Information. For example, your Personal Information is stored on secure servers that are encrypted, and all data transferred between you and the CaseWare Cloud Services is encrypted.
11.2 However, the Internet is not in itself a secure environment and CWC cannot give an absolute assurance that your Personal Information will be secure at all times. Transmission of Personal Information over the Internet is at your own risk and you should only enter, or instruct the entering of, Personal Information to the CaseWare Cloud Services within a secure environment.
11.3 CWC will advise you at the first reasonable opportunity, and as required by law, upon discovering or being advised of an incident where your Personal Information is lost, stolen, accessed, used, disclosed, copied, modified or disposed of by unauthorized persons or in an unauthorized manner.
12.0 Individual Access
CWC makes no claim to your Subscriber Data. Upon request, CWC will provide you with a list of the third-party service providers used to host your Subscriber Data, and the countries in which our servers are located.
14.0 Challenging Compliance
Head of Technology Operations & Security