Privacy Policy of www.clusterpos.com

This Application collects certain Personal Data from its Users.

This document can be printed for consultation using the print command in the settings of any browser.

Owner and Data Controller 

Cluster Systems, 8585 Boulevard Decarie, Montreal, QC H4P 2J4 

Contact email of the Owner: [email protected]

Types of Data Collected 

Among the types of Personal Data that this Application collects directly or through third parties are: email address; first name; last name; company name; country; state; postal code; city; address.

Complete details on each type of Personal Data collected are provided in the sections dedicated to this privacy policy or through specific explanatory texts published before the Data collection.

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

Unless stated otherwise, all Data requested by this Application is mandatory and its absence may make it impossible for the Application to provide the Services. In cases where this Application specifies that certain Data is not mandatory, Users are free not to communicate such Data without any consequences to the availability or functioning of the Service.

Users who have doubts about which Personal Data is mandatory are encouraged to contact the Owner.

Any use of Cookies – or other tracking tools – by this Application or by the owners of third-party services used by this Application aims to provide the Service requested by the User, in addition to other purposes described in this document and in the Cookie Policy, if available.

Users are responsible for any third-party Personal Data obtained, published, or communicated through this Application and confirm that they have the third-party’s consent to provide the Data to the Owner.

Methods and Location of Data Processing 

Processing Methods 

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

Data processing is carried out using computers or IT tools, following procedures and organizational methods strictly related to the purposes indicated. In addition to the Owner, Data may be accessible, in certain cases, to specific categories of persons involved in the operation of this Application (administration, sales, marketing, legal service, system administration) or external parties (such as third-party technical service providers, email services, hosting providers, IT companies, communication agencies), appointed, if necessary, as Data Processors by the Owner. An updated list of these parties may be requested from the Owner at any time.

Legal Basis for Processing The Owner may process Personal Data relating to Users if one of the following applies:

• Users have given their consent for one or more specific purposes; Note: According to certain laws, the Owner may be allowed to process Personal Data until the User objects (“opt-out”), without having to rely on consent or one of the following legal bases. However, this condition does not apply where the processing of Personal Data is subject to European data protection law.
• The provision of Data is necessary for the performance of a contract with the User or for any pre-contractual obligations of the User.
• The processing is necessary to comply with a legal obligation to which the Owner is subject.
• The processing is related to a task carried out in the public interest or in the exercise of official authority vested in the Owner.
• The processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.

In all cases, the Owner will be happy to help clarify the specific legal basis that applies to the processing and, in particular, whether the provision of Personal Data is a legal or contractual requirement or a requirement necessary to enter into a contract.

Location of Processing 

Data is processed at the Owner’s headquarters and in any other places where the parties involved in the processing are located.

Depending on the User’s location, data transfers may involve transferring Data to a country other than their own. For more information on the location of the processing of these transferred Data, Users can consult the section that contains details about the processing of Personal Data.

Users also have the right to know the legal basis for Data transfers to a country outside the European Union or to any international organization governed by public international law or established by two or more countries, such as the UN, as well as the security measures taken by the Owner to protect their Data.

If such a transfer occurs, Users can learn more by consulting the relevant sections of this document or inquire with the Owner using the contact details provided.

Data Retention Period 

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

Therefore:

• Personal Data collected for the purpose of performing a contract between the Owner and the User will be retained until the contract is fully performed.
• Personal Data collected for the purposes of the Owner’s legitimate interests will be retained as long as necessary to achieve those purposes. Users can find specific information regarding the legitimate interests pursued by the Owner in the relevant sections of this document or by contacting the Owner.

The Owner may be allowed to retain Personal Data for longer periods whenever the User has given consent to such processing, as long as this consent is not withdrawn. Furthermore, the Owner may be required to retain Personal Data for a longer period whenever required for the performance of a legal obligation or by an order of an authority.

Once the retention period has expired, the Personal Data will be deleted. Therefore, the right to access, the right to erasure, the right to rectification, and the right to data portability cannot be exercised after the expiration of the retention period.

Purpose of Processing 

The Data related to the User is collected in order to allow the Owner to provide its Service, fulfill its obligations, respond to law enforcement requests, protect its rights and interests (or those of its Users or third parties), detect any malicious or fraudulent activity, as well as for the following purposes: Registration and authentication, Contact management and sending messages, Advertising, and Contacting the User.

For precise information about the Personal Data used for each purpose, the User can consult the section “Detailed Information on the Processing of Personal Data.”

Detailed Information on the Processing of Personal Data 

Personal Data is collected for the following purposes using various services:

Contacting the User: Mailing list or newsletter (this Application) Subscription to the mailing list or newsletter adds the User’s email address to the contact list of those who may receive electronic messages containing commercial or promotional information regarding this Application. Your email address may also be added to this list if you register for this Application or after making a purchase.

Personal Data processed: address; email address; postal code; last name; company name; country; first name; city; state.

Contact Management and Sending Messages This type of service allows managing a database of email addresses, phone numbers, or other contact details to communicate with the User. These services may also collect data regarding the date and time the User views the message, the time they interact with it, such as by clicking on links contained in the message.

Sendgrid (Sendgrid) Sendgrid is an email management and message-sending service provided by Sendgrid Inc.

Personal Data processed: email address; last name; company name; country; first name.

Location of processing: United States – Privacy Policy.

Registration and Authentication User registration or authentication allows this Application to identify the User and give access to dedicated services.

According to the description below, third parties may provide registration and authentication services. In this case, this Application may access Data stored by these third parties for registration or identification purposes.

Some of the services listed below may also collect Personal Data for targeting and profiling purposes. For more information, please consult the description of each service.

Google OAuth (Google LLC) Google OAuth is a registration and authentication service provided by Google LLC connected to the Google network.

Personal Data processed: various types of Data listed in the service’s privacy policy.

Location of processing: United States – Privacy Policy. Participant in the Privacy Shield.

Advertising This type of service allows using the User’s Data for advertising communication purposes. These communications are displayed as banners and other advertisements on this Application, potentially based on the User’s interests.

This does not mean that all Personal Data is used for this purpose. The information and terms of use are described below.

Some of the services listed below may use Trackers to identify the User. They may also use behavioral targeting techniques, such as displaying ads tailored to the User’s needs and behavior, including those detected outside of this Application. Please consult the privacy policies of the relevant services for further information.

Apart from any opt-out feature provided by any of the services below, Users can opt out of this processing at any time by visiting the Network Advertising Initiative opt-out page.

Users can also disable certain advertising features through their applicable device settings, such as mobile device advertising settings or general advertising settings.

Direct Email Marketing (DEM) (this Application) This Application uses the User’s Data to offer services and products provided by third parties or unrelated to the product or service provided by this Application. Personal Data processed: email address; last name; first name.

User Rights 

Users may exercise certain rights regarding their Data processed by the Owner. In particular, Users have the right to:

• Withdraw their consent at any time. Users have the right to withdraw consent if they have already given consent to the processing of their Personal Data.
• Object to the processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out based on a legal basis other than consent. Details are added in the relevant section below.
• Access their Data. Users have the right to know if their Data is being processed by the Owner, obtain information about certain aspects of the processing, and obtain a copy of the Data being processed.
• Verify and obtain rectification. Users have the right to verify the accuracy of their Data and request its update or correction.
• Limit the processing of their Data. Users have the right, under certain conditions, to limit the processing of their Data. In such cases, the Owner will process their Data only for storage.
• Request the deletion or erasure of their Personal Data. Users have the right, under certain conditions, to obtain the deletion of their Data by the Owner.
• Retrieve their Data and transfer it to another data controller. Users have the right to retrieve their Data in a structured, commonly used, and machine-readable format and, if technically feasible, to transmit it to another data controller without any hindrance. This provision applies provided that the Data is processed by automated means and the processing is based on the User’s consent, on a contract the User is a party to, or on pre-contractual obligations.
• Lodge a complaint. Users have the right to lodge a complaint with their competent data protection authority.

Information Regarding the Right to Object to Processing 

When Personal Data is processed in the public interest, in the exercise of official authority vested in the Owner, or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a reason related to their particular situation to justify the objection.

However, Users should be aware that if their Personal Data is processed for direct marketing purposes, they can object to this processing at any time without any justification. To find out if the Owner processes Personal Data for direct marketing purposes, Users can refer to the relevant sections of this document.

How to Exercise These Rights 

Any request to exercise the User’s rights can be addressed to the Owner using the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as soon as possible, and always within one month.

Further Information on Data Processing and Collection Legal Action 

The User’s Personal Data may be used for legal purposes by the Owner in court or in steps leading to legal action resulting from improper use of this Application or related Services.

The User is aware that the Owner may be required to disclose Personal Data at the request of public authorities.

Further Information Regarding the User’s Personal Data 

In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information regarding specific services or the collection and processing of Personal Data.

System Logs and Maintenance 

For operation and maintenance purposes, this Application and any third-party services may collect files that record interactions with this Application (system logs) or use other Personal Data for this purpose (such as the IP address).

Information Not Included in This Policy 

Additional information regarding the collection or processing of Personal Data may be requested from the Owner at any time. Please consult the contact details at the beginning of this document.

How “Do Not Track” Requests Are Handled 

This Application does not support “Do Not Track” requests. Please refer to the privacy policy of third-party services to determine whether they accept “Do Not Track” requests.

Changes to This Privacy Policy 

The Owner reserves the right to make changes to this privacy policy at any time by informing its Users on this page and possibly in this Application or – as far as technically and legally possible – by sending a notification to Users through the contact details available to the Owner. It is highly recommended to consult this page frequently, referring to the date of the last modification at the bottom.

If the changes affect the processing activities carried out based on the User’s consent, the Owner must collect the User’s new consent when necessary.

Definitions and Legal References

Personal Data (or Data) Any information that, directly or indirectly, in combination with other information – including a personal identification number – allows the identification or identifiability of a natural person.

Usage Data Information collected automatically by this Application (or by third-party services employed by this Application), which may include IP addresses or domain names of computers used by Users who use this Application, URI addresses (Uniform Resource Identifier), request times, methods used to submit requests to the server, file size received in response, server response status code (successful result, error, etc.), country of origin, browser and operating system features used by the User, time details per visit (e.g., time spent on each page within the Application), and details related to the path followed within the Application with a special reference to the sequence of pages visited, and other parameters related to the User’s operating system or computing environment.

User The individual using this Application who, unless stated otherwise, corresponds to the Data Subject.

Data Subject The natural person to whom the Personal Data refers.

Processor (or Data Processor) The natural or legal person, public authority, institution, or any other organization that processes Personal Data on behalf of the Data Controller, as described in this privacy policy.

Data Controller (or Owner) The natural or legal person, public authority, institution, or any other organization that, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this Application. Unless otherwise specified, the Data Controller is the Owner of this Application.

This Application The means by which the User’s Personal Data is collected and processed.

Service The service provided by this Application as described in the relevant terms (if applicable) and on this site/application.

European Union (or EU) Unless otherwise stated, any references to the European Union in this document include all current EU member states and the European Economic Area.

Legal Information This privacy policy has been prepared in compliance with the provisions of several legislations, including Article 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).

This privacy policy concerns only this Application, unless stated otherwise in this document.

Privacy Policy of www.clusterpos.com

This Application collects certain Personal Data from its Users.

This document can be printed for consultation using the print command in the settings of any browser.

Owner and Data Controller 

Cluster Systems, 8585 Boulevard Decarie, Montreal, QC H4P 2J4 

Contact email of the Owner: [email protected]

Types of Data Collected 

Among the types of Personal Data that this Application collects directly or through third parties are: email address; first name; last name; company name; country; state; postal code; city; address.

Complete details on each type of Personal Data collected are provided in the sections dedicated to this privacy policy or through specific explanatory texts published before the Data collection.

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

Unless stated otherwise, all Data requested by this Application is mandatory and its absence may make it impossible for the Application to provide the Services. In cases where this Application specifies that certain Data is not mandatory, Users are free not to communicate such Data without any consequences to the availability or functioning of the Service.

Users who have doubts about which Personal Data is mandatory are encouraged to contact the Owner.

Any use of Cookies – or other tracking tools – by this Application or by the owners of third-party services used by this Application aims to provide the Service requested by the User, in addition to other purposes described in this document and in the Cookie Policy, if available.

Users are responsible for any third-party Personal Data obtained, published, or communicated through this Application and confirm that they have the third-party’s consent to provide the Data to the Owner.

Methods and Location of Data Processing 

Processing Methods 

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

Data processing is carried out using computers or IT tools, following procedures and organizational methods strictly related to the purposes indicated. In addition to the Owner, Data may be accessible, in certain cases, to specific categories of persons involved in the operation of this Application (administration, sales, marketing, legal service, system administration) or external parties (such as third-party technical service providers, email services, hosting providers, IT companies, communication agencies), appointed, if necessary, as Data Processors by the Owner. An updated list of these parties may be requested from the Owner at any time.

Legal Basis for Processing The Owner may process Personal Data relating to Users if one of the following applies:

• Users have given their consent for one or more specific purposes; Note: According to certain laws, the Owner may be allowed to process Personal Data until the User objects (“opt-out”), without having to rely on consent or one of the following legal bases. However, this condition does not apply where the processing of Personal Data is subject to European data protection law.
• The provision of Data is necessary for the performance of a contract with the User or for any pre-contractual obligations of the User.
• The processing is necessary to comply with a legal obligation to which the Owner is subject.
• The processing is related to a task carried out in the public interest or in the exercise of official authority vested in the Owner.
• The processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.

In all cases, the Owner will be happy to help clarify the specific legal basis that applies to the processing and, in particular, whether the provision of Personal Data is a legal or contractual requirement or a requirement necessary to enter into a contract.

Location of Processing 

Data is processed at the Owner’s headquarters and in any other places where the parties involved in the processing are located.

Depending on the User’s location, data transfers may involve transferring Data to a country other than their own. For more information on the location of the processing of these transferred Data, Users can consult the section that contains details about the processing of Personal Data.

Users also have the right to know the legal basis for Data transfers to a country outside the European Union or to any international organization governed by public international law or established by two or more countries, such as the UN, as well as the security measures taken by the Owner to protect their Data.

If such a transfer occurs, Users can learn more by consulting the relevant sections of this document or inquire with the Owner using the contact details provided.

Data Retention Period 

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

Therefore:

• Personal Data collected for the purpose of performing a contract between the Owner and the User will be retained until the contract is fully performed.
• Personal Data collected for the purposes of the Owner’s legitimate interests will be retained as long as necessary to achieve those purposes. Users can find specific information regarding the legitimate interests pursued by the Owner in the relevant sections of this document or by contacting the Owner.

The Owner may be allowed to retain Personal Data for longer periods whenever the User has given consent to such processing, as long as this consent is not withdrawn. Furthermore, the Owner may be required to retain Personal Data for a longer period whenever required for the performance of a legal obligation or by an order of an authority.

Once the retention period has expired, the Personal Data will be deleted. Therefore, the right to access, the right to erasure, the right to rectification, and the right to data portability cannot be exercised after the expiration of the retention period.

Purpose of Processing 

The Data related to the User is collected in order to allow the Owner to provide its Service, fulfill its obligations, respond to law enforcement requests, protect its rights and interests (or those of its Users or third parties), detect any malicious or fraudulent activity, as well as for the following purposes: Registration and authentication, Contact management and sending messages, Advertising, and Contacting the User.

For precise information about the Personal Data used for each purpose, the User can consult the section “Detailed Information on the Processing of Personal Data.”

Detailed Information on the Processing of Personal Data 

Personal Data is collected for the following purposes using various services:

Contacting the User: Mailing list or newsletter (this Application) Subscription to the mailing list or newsletter adds the User’s email address to the contact list of those who may receive electronic messages containing commercial or promotional information regarding this Application. Your email address may also be added to this list if you register for this Application or after making a purchase.

Personal Data processed: address; email address; postal code; last name; company name; country; first name; city; state.

Contact Management and Sending Messages This type of service allows managing a database of email addresses, phone numbers, or other contact details to communicate with the User. These services may also collect data regarding the date and time the User views the message, the time they interact with it, such as by clicking on links contained in the message.

Sendgrid (Sendgrid) Sendgrid is an email management and message-sending service provided by Sendgrid Inc.

Personal Data processed: email address; last name; company name; country; first name.

Location of processing: United States – Privacy Policy.

Registration and Authentication User registration or authentication allows this Application to identify the User and give access to dedicated services.

According to the description below, third parties may provide registration and authentication services. In this case, this Application may access Data stored by these third parties for registration or identification purposes.

Some of the services listed below may also collect Personal Data for targeting and profiling purposes. For more information, please consult the description of each service.

Google OAuth (Google LLC) Google OAuth is a registration and authentication service provided by Google LLC connected to the Google network.

Personal Data processed: various types of Data listed in the service’s privacy policy.

Location of processing: United States – Privacy Policy. Participant in the Privacy Shield.

Advertising This type of service allows using the User’s Data for advertising communication purposes. These communications are displayed as banners and other advertisements on this Application, potentially based on the User’s interests.

This does not mean that all Personal Data is used for this purpose. The information and terms of use are described below.

Some of the services listed below may use Trackers to identify the User. They may also use behavioral targeting techniques, such as displaying ads tailored to the User’s needs and behavior, including those detected outside of this Application. Please consult the privacy policies of the relevant services for further information.

Apart from any opt-out feature provided by any of the services below, Users can opt out of this processing at any time by visiting the Network Advertising Initiative opt-out page.

Users can also disable certain advertising features through their applicable device settings, such as mobile device advertising settings or general advertising settings.

Direct Email Marketing (DEM) (this Application) This Application uses the User’s Data to offer services and products provided by third parties or unrelated to the product or service provided by this Application. Personal Data processed: email address; last name; first name.

User Rights 

Users may exercise certain rights regarding their Data processed by the Owner. In particular, Users have the right to:

• Withdraw their consent at any time. Users have the right to withdraw consent if they have already given consent to the processing of their Personal Data.
• Object to the processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out based on a legal basis other than consent. Details are added in the relevant section below.
• Access their Data. Users have the right to know if their Data is being processed by the Owner, obtain information about certain aspects of the processing, and obtain a copy of the Data being processed.
• Verify and obtain rectification. Users have the right to verify the accuracy of their Data and request its update or correction.
• Limit the processing of their Data. Users have the right, under certain conditions, to limit the processing of their Data. In such cases, the Owner will process their Data only for storage.
• Request the deletion or erasure of their Personal Data. Users have the right, under certain conditions, to obtain the deletion of their Data by the Owner.
• Retrieve their Data and transfer it to another data controller. Users have the right to retrieve their Data in a structured, commonly used, and machine-readable format and, if technically feasible, to transmit it to another data controller without any hindrance. This provision applies provided that the Data is processed by automated means and the processing is based on the User’s consent, on a contract the User is a party to, or on pre-contractual obligations.
• Lodge a complaint. Users have the right to lodge a complaint with their competent data protection authority.

Information Regarding the Right to Object to Processing 

When Personal Data is processed in the public interest, in the exercise of official authority vested in the Owner, or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a reason related to their particular situation to justify the objection.

However, Users should be aware that if their Personal Data is processed for direct marketing purposes, they can object to this processing at any time without any justification. To find out if the Owner processes Personal Data for direct marketing purposes, Users can refer to the relevant sections of this document.

How to Exercise These Rights 

Any request to exercise the User’s rights can be addressed to the Owner using the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as soon as possible, and always within one month.

Further Information on Data Processing and Collection Legal Action 

The User’s Personal Data may be used for legal purposes by the Owner in court or in steps leading to legal action resulting from improper use of this Application or related Services.

The User is aware that the Owner may be required to disclose Personal Data at the request of public authorities.

Further Information Regarding the User’s Personal Data 

In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information regarding specific services or the collection and processing of Personal Data.

System Logs and Maintenance 

For operation and maintenance purposes, this Application and any third-party services may collect files that record interactions with this Application (system logs) or use other Personal Data for this purpose (such as the IP address).

Information Not Included in This Policy 

Additional information regarding the collection or processing of Personal Data may be requested from the Owner at any time. Please consult the contact details at the beginning of this document.

How “Do Not Track” Requests Are Handled 

This Application does not support “Do Not Track” requests. Please refer to the privacy policy of third-party services to determine whether they accept “Do Not Track” requests.

Changes to This Privacy Policy 

The Owner reserves the right to make changes to this privacy policy at any time by informing its Users on this page and possibly in this Application or – as far as technically and legally possible – by sending a notification to Users through the contact details available to the Owner. It is highly recommended to consult this page frequently, referring to the date of the last modification at the bottom.

If the changes affect the processing activities carried out based on the User’s consent, the Owner must collect the User’s new consent when necessary.

Definitions and Legal References

Personal Data (or Data) Any information that, directly or indirectly, in combination with other information – including a personal identification number – allows the identification or identifiability of a natural person.

Usage Data Information collected automatically by this Application (or by third-party services employed by this Application), which may include IP addresses or domain names of computers used by Users who use this Application, URI addresses (Uniform Resource Identifier), request times, methods used to submit requests to the server, file size received in response, server response status code (successful result, error, etc.), country of origin, browser and operating system features used by the User, time details per visit (e.g., time spent on each page within the Application), and details related to the path followed within the Application with a special reference to the sequence of pages visited, and other parameters related to the User’s operating system or computing environment.

User The individual using this Application who, unless stated otherwise, corresponds to the Data Subject.

Data Subject The natural person to whom the Personal Data refers.

Processor (or Data Processor) The natural or legal person, public authority, institution, or any other organization that processes Personal Data on behalf of the Data Controller, as described in this privacy policy.

Data Controller (or Owner) The natural or legal person, public authority, institution, or any other organization that, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this Application. Unless otherwise specified, the Data Controller is the Owner of this Application.

This Application The means by which the User’s Personal Data is collected and processed.

Service The service provided by this Application as described in the relevant terms (if applicable) and on this site/application.

European Union (or EU) Unless otherwise stated, any references to the European Union in this document include all current EU member states and the European Economic Area.

Legal Information This privacy policy has been prepared in compliance with the provisions of several legislations, including Article 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).

This privacy policy concerns only this Application, unless stated otherwise in this document.