IT on Demand™ a division of ⁽¹⁾ (“Avant Garde Technology”, “we”, “us”, or “our”), a company devoted to protecting against cybersecurity threats, views  personal data protection, i.e., privacy, as a fundamental responsibility.  This Privacy Policy (the Policy) explains how we fulfill this responsibility through the application of privacy principles set forth in laws such as the European Union’s General Data Protection Regulation (GDPR) (EU) 2016/679,  and compliance with other privacy laws to the extent applicable.  

Our efforts are guided by Privacy by Design principles set forth in the GDPR. Privacy by Design refers to having privacy as an objective when developing personal data collection and processing measures. While not an exhaustive list, some examples of situations in which we apply Privacy by Design include when (i) we develop the features of our products and services; (ii) we specify the business purposes for which we collect personal data when you use http://www.itondemand.ca and any of its sub-domains, (iii) you conduct business with IT on Demand or use IT on Demand products; (iv) we deploy any information systems that will be processing personal data, (v) we design and employ security measures to protect personal data in the systems our customers use; and (vi) we dispose of personal data that is no longer required to satisfy business or legal objectives.

This Policy was last updated at the date indicated above. We may change this Policy from time to time so please check back regularly to keep informed of updates. 

1. IT ON DEMAND’S PERSONAL DATA ROLES

IT on Demand collects personal data in furtherance of our business activities, as described below. IT on Demand typically collects such data directly, but may work through third parties.  When IT on Demand collects personal data directly or through a third party, IT on Demand is a data controller as defined and with the responsibilities provided in the GDPR. 

IT on Demand is a processor of personal data that has been collected from its customers’ use of IT on Demand products and services.  Under these circumstances, the customer is the data controller as defined and with the responsibilities provided in the GDPR.  IT on Demand’s processing of personal data collected through the use of its products and services is done in accordance with IT on Demand’s Data Processing and Protection Measures (DPPM) ⁽²⁾. 

IT on Demand has a separate privacy policy that governs how it collects, uses and manages personal data regarding IT on Demand employees. A link to our employee privacy policy can be found on the IT on Demand intranet.  

2. PERSONAL DATA WE COLLECT AND/OR PROCESS

General: We receive and store information, including information that can be used to identify you (Personal Data), entered on the IT on Demand Website (the Website), or received when, for example, you make inquiries about the Website or about IT on Demand partners, products or services. Except to the limited extent that may be necessary in the context of online job applications, we neither request nor collect Special Category Data. 

Information that we collect when you use the Website: When you use the Website, we automatically collect: 

• Navigation and click-stream data 
• HTTP protocol elements 
• Search terms 

We also collect information automatically through the use of cookies and web analytics. Cookies are small text files that websites store on visitors’ computer hard drives or mobile devices to collect analytics that are used to enhance and manage users’ experiences on the Website.

If you browse the Website without registering with us or creating an online account, we do not collect your Personal Data; however, you will not be able to access resources, such as reports, papers, or technical alerts or join technical forums.
Registering/creating an online account enables you to access Website resources.  We collect registrants’/account holders’ Personal Data, such as first and last name; telephone number; email address; job function and/or title; organization name, size and location; and whether the registrant/account holder is acting on a current customer’s behalf. 

Personal Data we collect when we obtain online feedback from you: We collect your name, online contact information, organization’s name, physical contact information, and any other Personal Data that you share when providing online feedback.

Personal Data we collect when you do business with IT on Demand: We may collect and process customer, vendor or business partner (Partner) Personal Data for Partners that conduct business with IT on Demand for themselves or on behalf of a customer, vendor, supplier, consultant, professional adviser or other third party. Partner Personal Data may be collected by IT on Demand whether or not such natural person is also a Website user. Examples of Partner Personal Data include: 

• Points’ of contact connection or communication details; 
• Business job title, responsibilities, department and organization; 
• Financial information if needed to take payment or fulfill contractual obligations or for related purposes; 
• Information necessary to evaluate IT on Demand’s and business partners’ or vendors’ performance; and 
• If you also hold an online IT on Demand account, we add any purchase information we collect, including details of the purchase and your business address, to your online account information. 

Personal Data you provide about another person: We rely on our Partners to bring this Policy to the attention of any individuals whose Personal Data the Partners share with us.  If anyone provides us information about another person, we may require the submitter to verify the data subject has consented to the sharing of their Personal Data with IT on Demand for the processing purposes, as set out in this Policy.  

Personal Data that we collect when you apply online for employment: You may submit Personal Data through our Website to be considered for IT on Demand employment. Such data includes your name, your address, your phone number, your email address, job preferences, experience, desired salary, relocation preferences, work authorization, security clearance, education, job skills and other information contained on your resume or curriculum vitae. IT on Demand uses such data solely for consideration of your candidacy for employment, to communicate with you and to generate related correspondence, including offer letters and employment agreements. Such data may also be used, subject to applicable local laws, to conduct necessary background checks for compliance and other employment related purposes. Finally, IT on Demand retains such data as legally permitted, such as when necessary to address your employment interest or otherwise process your application.

Your submission of such data constitutes your consent to its processing, as described above, including in the United States. 

Personal Data received from the use of certain IT on Demand products: IT on Demand products enable customers to monitor their networks to protect against cyber threats.  “On-Premise”  product deployments process data in customer managed networks, in accordance with customers’ configurations.  IT on Demand does not typically access customers’ end users’ Personal Data (End User Personal Data) for “On-Premise” deployments. 

IT on Demand may have access to End User Personal Data when customers use IT on Demand products or services via a cloud infrastructure (Cloud Services).   In all such cases, the Personal Data is processed in accordance with the customers’ configurations and directions.  Some examples of the type of End User Personal Data processed through customers’ use of the Cloud Services includes: 

• Subscriber ID information: ID of the customer sending or receiving files; User or Visitor ID that identifies the IP of the client visiting a file; and network users’ name, email address, company name, and country. 
• Communication information: email metadata, including email addresses of sender and recipient, sender email in SMTP transaction and email subject. 
• Traffic data: proxy log, web traffic logs, apache browsing logs, browsing and diagnostic logs, IP addresses, URL information, website session data and files submitted by users of IT on Demand products. 
• Such other data collected through customer configured policies in the IT on Demand products supporting the customers’ cybersecurity program.

In Section 4 below, we explain how End User Personal Data is processed in accordance with our customers’ decisions regarding what is necessary to protect monitored network users’ security and the customer’s other legitimate interests. Any IT on Demand use of End User Personal Data is in furtherance of the customers’ specified legitimate interest and ensuring the products or services work effectively.

Personal Data we obtain from other sources: We also may periodically obtain both Personal Data and non-Personal Data about you from IT on Demand subsidiaries, Partners and other third-parties to facilitate the legitimate interests of administering such business relationships.  We may add Personal Data and other information we obtain from these sources to Personal Data and other information we may already hold, such as updated business address information; purchase history; demographic information; and Partner credit information (for more information see Section 4 below). 

3. HOW WE USE YOUR PERSONAL DATA 

Personal Data: We use or may use Personal Data in line with the requirements of data protection laws and the “legitimate interests” we determine necessitate the collection. Such purposes include: 

• Creating and administering records about online accounts, including organizations’ purchase history; 
• To provide requested information, access to resources or other products or services; 
• To send customer service-related communications, including in relation to administering organizations’ online accounts and providing online services; 
• To provide technical product support and enhance product technical support services. 
• To address any communications sent to IT on Demand; 
• To provide product upgrade/enhancement alerts and announce new products or services, including by email, in accordance with your communication preferences. Please see the “Your Rights: Accessing and Changing Your Personal Data ” section below for information about how you can control these updates; 
• To request feedback and improve our Website, products and services, as appropriate; 
• To assess financial, credit or insurance risks arising from any existing or prospective business relationship with a Partner; 
• To complete and support the current activity, Website and system administration, and to improve the navigation and Website content; 
• To analyze Website users’ activities and decision making ⁽³⁾, for customers who opt in to sharing such data with us; 

Website usage data:  We use tools to measure Website visitor performance, click data, engagements with content on the Website, pathing, form completions, etc. We also aggregate such data without Personal Data and use it to analyze user behavior and make decisions about how to improve user experiences.

Marketing:  In accordance with your communication preferences, we may use mail, telephone, fax, email or other contact means to offer goods or services, announce promotions or provide other information. Where required by applicable law, prior approval will be obtained before sending direct marketing.  Consent may be withdrawn at any time by changing communications preferences.  Please submit your communications preferences to info@itondemand.ca. 

IT on Demand does not sell Personal Data to third parties. To be clear, our use of the word “sell” is intended to encompass sales, leases, rentals, or sharing for anything of value.

Anonymous and Non-Personal Data: We may generate, use and disclose anonymous and non-Personal Data from the Website for marketing and strategic purposes. Similarly, we may generate aggregated usage and statistical information related to Customers’ and end-users’ use of the products in order to facilitate analysis and comparisons.

End User Personal Data: As noted in Section 3 above, IT on Demand’s customers monitor use of their networks to protect against cyber threats. Under applicable data protection laws, customers are the “Data Controller” and IT on Demand is the “Data Processor” regarding End User Personal Data passing through the networks monitored with IT on Demand products. 

As Data Controllers of the End User Personal Data, our customers retain full responsibility for ensuring the End User Personal Data collected by their use of IT on Demand products is handled in accordance with applicable privacy laws and regulations.   

In its role as the Data Processor, IT on Demand will process the End User Personal Data as required to perform the service including to manage and administer IT on Demand’s customers’ services such as providing technical support, tailoring network monitoring policies, and developing product improvements.  IT on Demand complies with the laws applicable to Data Processor activities. We meet our obligations in this regard by ensuring our customer contracts (which incorporate the DPPM) (i) define each party’s respective obligations under applicable privacy legislation and (ii) require our customers to comply with relevant privacy legislation. 

4. SHARING YOUR PERSONAL DATA 

We may share Personal Data as follows:

• With IT on Demand affiliates, for the purposes described in Section 4 above; 
• With our service providers or agents solely to the extent necessary for them to provide services to IT on Demand or act on IT on Demand’s behalf; 
• In response to lawful subpoenas, court orders or other legal process, or as may otherwise be required by applicable law; 
• To IT on Demand auditors, legal representatives or similar agents; 
• To IT on Demand product resellers for the purposes of IT on Demand product sales and IT on Demand product support; 
• To Partners with which we collaborate;
• To any third party that purchases, or to which a IT on Demand entity transfers, all or substantially all of the IT on Demand assets or business (in which case the relevant IT on Demand entity will use reasonable efforts to ensure that the third party to which it transfers personal data uses it in a manner that is consistent with this Policy); 
• To credit reference agencies for the purposes of making periodic searches in the context of managing and taking decisions about IT on Demand’s relationship or prospective relationship with a IT on Demand Partner or job applicant. Information provided to credit reference agencies may affect information used by other credit providers to make decisions about Partners. 
• In an emergency where someone’s health or safety may be endangered, to the extent permitted by law.

IT on Demand’s policy is to maintain contracts with all third parties (other than law enforcement where the sharing is determined by law) with which it shares Personal Data.  Such contracts include provisions that restrict the access, use and disclosure of Personal Data in compliance with the express purposes provided in the contracts and our legal obligations, including those under GDPR, the CCPA, and other data protection laws, as applicable. 

5. YOUR RIGHTS: ACCESSING AND CHANGING YOUR PERSONAL DATA ⁽⁴⁾

IT on Demand seeks to ensure that your Personal Data and preferences are accurate and complete. If at any time you decide you want us to delete, correct, or provide you a copy of any Personal Data we have, or you think we have about you, submit a request with your name, and physical and e-mail addresses to info@itondemand.ca together with a description of the changes you request ⁽⁵⁾. You may also make changes by writing to IT on Demand at:

IT on Demand
Attention: Data Protection Officer
7668 Wagner Rd.
Edmonton, Alberta T6E 2W6

We may require you to provide additional information about your request, including information that will enable us to process your request, as described in Section 7, below. 

If we delete your information you will no longer be registered with us, you will not have access to services that are only available through registration and we will be unable to enforce your opt-out requests, if any ⁽⁶⁾.  However, we will continue to send you services-related (non-marketing) communications in connection with the administration of your organization’s account and products or services. 

As noted above, even if you are not registered with us, we collect Website navigation and click-stream data, HTTP protocol elements, and search term data.  This data is not identifiable to an individual, but is useful for optimizing Website experiences in general. 

Please note, requests of customer employees who are seeking deletion, correction, or a copy of Personal Data the customer may have collected through use of IT on Demand products/services, will be forwarded to the customer as the “Data Controller”.  

You may at any time go to our Communication Preference Center in order to elect not  to receive marketing messages from IT on Demand or its business partners. You do not need to de-register to make this choice.    

6. DATA ACCESS REQUEST DUE DILIGENCE

When we receive a request regarding Personal Data,we will undertake to confirm the authenticity of the requestor and, for requests received from third parties, the lawfulness of the request.  Our due diligence process involves:

• All requestors will be asked to verify their identity by providing a copy of a government-issued ID, e.g., passport, immigration card, driver’s license, etc.  
• For requests concerning data subjects other than the requestor, the requestor must provide evidence sufficient to verify the identity of the data subject, the reason it is believed that IT on Demand has the requested Personal Data, and evidence sufficient to verify that the third party is an authorized agent of the data subject (including a copy of the authorization).  

All such evidence must be provided in a form that IT on Demand can retain for audit purposes.  More information regarding the IT on Demand data access diligence can be found in the DPPM.

7.  QUESTIONS, OBJECTIONS AND COMPLAINTS

Where we are relying on our legitimate interests to process, collect, use, or disclose of  Personal Data (see section 4 above), the data subject  has the right to object to such processing, collection, use, or disclosure of such Personal Data. To exercise their right to object, the person should contact us as specified above. We will consider the objection and we will comply with it unless we have a compelling legitimate ground as permitted by applicable law.

IT on Demand is committed to reply to any questions and resolve any complaints, including complaints regarding our collection, use or disclosure of an individual’s Personal Data. Anyone with such inquiries or complaints may contact IT on Demand as specified above.

8. PROTECTING YOUR INFORMATION 

IT on Demand acknowledges your trust and is committed to protecting the personal data you provide to us. To prevent unauthorized access, maintain accuracy, and ensure proper use of such data, we employ appropriate physical, technical, and organizational security measures to seek to prevent unauthorised or unlawful processing of, or accidental loss, destruction or damage to your Personal Data. 

Website users can help further protect their Personal Data by using a secure web browser and by changing any access passwords regularly. Please note that data transmission over the Internet is not 100% secure and any information disclosed online can potentially be collected and used other than by the intended recipient. Please be aware that, by posting information to the Technical Forum via the Website, you may be making this information available to the public. You should be careful not to reveal any sensitive or other personal details about yourself.

9. CHANGES TO THIS POLICY 

We may revise this Policy from time to time as necessary to ensure it is accurate, complete and up-to-date. Notice of the revised policy will be provided by its posting to our Website.   The revised version will indicate its effective date.  Whenever you visit our Website we recommend you check the effective date to determine if the posted version has been changed since you last visited.  Of course, if a newer version has been posted we encourage you to review it.  Use of the Website  indicates acceptance of the Policy.

10. OTHER LINKS 

From time to time, the Website may contain links to other websites owned by non-IT on Demand affiliated entities and we may display advertisements from third parties on our Website. When you click on these links, you enter another website. IT on Demand is not responsible for the content, operation or privacy practices of such websites. Use of such websites will be subject to those sites’ terms of use, not IT on Demand’s. Unless expressly stated, we are not agents for those sites, nor are we authorized to make representations for them.

11. RETENTION OF PERSONAL DATA 

IT on Demand will only keep Personal Data it collects, as long as necessary, for the purpose or purposes (i) for which it was collected; (ii) of performing or fulfilling contractual obligations; (iii) of complying with law; and/or (iv) of responding to legal actions.

12. MONITORING AND COMPLIANCE 

We may monitor, store, review or disclose any information, including your Personal Data, obtained on or through the Website. Additionally, we may use IP addresses to identify a particular user if we believe it is needed to enforce compliance with these terms or to protect our company, employees, Website, or customers.