Privacy Policy

Last Updated: November 18th, 2024.

This privacy policy (“Privacy Policy”) describes how 9303-4338 Québec Inc., doing business as Gaiia (“our”, “us” or “we”), collects, uses, shares, and stores your personal information when you are using and/or accessing our website gaiia.com (the “Website”), the web application app.gaiia.com, our mobile application, our products and services related to the operations support systems and business support systems for communications service providers (the “CSP”) referred to as Gaiia (collectively, the “Services”) on or in which this Privacy Policy is posted, linked, or referenced.

Depending on the context, “you” or “your” means End Customer, Representative or Website Visitor:

When you purchase goods or services from the CSP and have access to certain functionalities made available through the Services, you are referred to as an “End Customer”.
When you are acting on behalf of a CSP (e.g., as a customer support agent of the CSP, or an account administrator of the CSP), you are referred to as “Representative”.
When you are visiting and/or using our Website without being logged in to a Gaiia account, you are referred to as a “Website Visitor”.

By using the Services, you accept the terms of this Privacy Policy and our other policies, such as our Website Terms and Conditions and, upon acceptance, our Terms of Use (the “Additional Terms”), and consent to our collection, use, disclosure, and retention of your personal information as described in this Privacy Policy. If you have not done so already, please also review our Additional Terms. The Additional Terms contain provisions that limit our liability to you and require you to resolve any dispute with us on an individual basis and not as part of any class or representative action. IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY OR OUR ADDITIONAL TERMS, THEN PLEASE DO NOT USE ANY OF THE SERVICES.

Please note that this Privacy Policy does not apply to information collected through third-party websites or services that you may access through the Services or that you submit to us through email or other electronic message or offline. Some third-party providers may place cookies or pixels—small data files stored on your hard drive or in device memory—on your browser or hard drive. We encourage you to carefully review the privacy policies of any third-party website you access.

What We Collect

End Customers. Our Services are intended for use by the CSP and when we are acting as your CSP’s service provider, we will process your personal information in accordance with the terms of our agreement with your CSP. If your CSP provides you with access to our Services, your use of our Services is subject to your CSP’s policies. Your CSP is responsible for making sure that your privacy rights are respected, including ensuring appropriate disclosures about collection of personal information and use that happens in connection with their services. Please refer to the privacy policy or notice of your CSP for information regarding their privacy practices, choices and controls, or contact your CSP directly. The personal information we collect directly or indirectly about End Customers on your CSP’s behalf may include:

Identification information, such as first name, last name, title, date of birth, gender;
Contact information, such as billing address, email address, phone numbers;
Transaction information, such as certain billing information, payment dates, billing cycle dates, which payment service provider you use, products or services purchased or other consuming histories or tendencies. We do not collect any payment data when you are using a payment service provider, such as GoCardless, Interac or Stripe (a “Payment Service Provider”);
Profile information, such as password, purchases or order made by you, your preferences about languages;
Geolocation information, such as longitude and latitude from your IP address or mobile device location, city and state;
Marketing information, such as your preferences for receiving marketing communications and details about how you engage with them; and
Other information not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

We may collect your personal information by various means, such as online, via access or use of our Website, our web application, by your consent given through our online forms and/or phone call, and by the use of cookies.

Representatives. To provide the Services to the CSP, we may collect, use and share the personal information of Representatives. The personal information we collect from Representatives may include:

Registration and contact information, such as your name, your account log-in credentials and your profile picture;
Geolocation data from your mobile device such as GPS coordinates, longitude and latitude of the device’s current location and timestamps; and
Other information not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

When signing in to Gaiia using a third-party account, such as a Google or Microsoft account, you are granting our application permission to access certain information from such account, including your name, email address, and profile picture. We use this information solely for the purposes of providing you with our application’s services. Use, disclosure and retention of such information is treated in accordance with this Privacy Policy.

When using our mobile application, you are granting our application permission to access certain location information from your mobile device, including GPS coordinates, longitude and latitude of the device’s current location, and timestamps. We use this data solely to provide GPS-based location of the mobile device, update statuses and routes in our Services even when the app is closed or not in use. We collect this data to provide our application’s Services and location-based functionalities. Use, disclosure and retention of such information is treated in accordance with this Privacy Policy. We will obtain your explicit consent before collecting and using your location data. You can change your location permissions at any time through your mobile device settings.

Please note, however, that personal information does not include business contact information, such as your name, title, or business contact information and as such, this type of information is not subject to this Privacy Policy.

Website Visitors. When you are a Website Visitor who is not an End Customer or a Representative, and you are visiting and/or accessing our Website, the personal information we collect from you may include:

Feedback and correspondence, such as information you provide to us when you are exchanging with us, including when you contact us with questions or feedback, or submitting a request; and
Other information not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

Automatic Data Collection. We may automatically record certain information about how you use our Services (we refer to this information as “Log Data”). Log Data may include information such as a user’s IP address, device and browser type, operating system, the pages or features available through our Services to which a user browsed and the time spent on those pages or features, the frequency with which the Services are used by a user, search terms, the links made available through the Services that a user clicked on or used, the time zone setting and location, and other statistics. We use this information to improve and enhance the Services by expanding its features and functionality and tailoring it to our users’ needs and preferences.

If you have consented to their uses (to the extent required under applicable laws), we may use cookies, local storage or similar technologies to analyze trends, administer the pages made available through the Services, track users’ movements around the pages made available through the Services, and to gather demographic information about our user base as a whole. Users can control the use of cookies and local storage at the individual browser level.

Information We Will Never Collect. We do not collect any other personal information outside of what is outlined in this Privacy Policy, unless you give it to us directly, such as filing out a form, giving feedback, communicating via third-party social media websites or any other means.

Use of Personal Information

We use the collected personal information for various purposes or as otherwise described at the time of collection:

Service Delivery. We use your personal information to:

provide, operate and improve the Services and our business;
register you as a user of Services;
enter into and perform contracts where we fare supplying services to you;
communicate with you about the Services, including by sending announcements, updates, security alerts, and support and administrative messages; and
provide support for the Services, and respond to your requests, questions and feedback.

When you use our Services as required by your CSP, our processing of your personal information in connection with such Services is governed by a contract between us and your CSP. We process your personal information to provide the Services on behalf of your CSP.

Research and Development. We may use your personal information for research and development purposes, including to analyze and improve the Services and our business. As part of these activities, we may create aggregated, de-identified or other anonymous data from personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you.

Compliance and Protection. We may use your personal information to:

comply with applicable laws, lawful requests, and legal processes, such as to respond to subpoenas or requests from government authorities;
protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
audit our internal processes for compliance with legal and contractual requirements and internal policies;
enforce the Additional Terms that govern the Services; and
prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

With Your Consent. We may use, share or collect your personal information with your consent, such as when required by law.

Disclosure of Your Data

We may share your data with the following parties and as otherwise described in this Privacy Policy or at the time of collection.

Affiliates. We may disclose your personal information to our subsidiaries and corporate affiliates (i.e., our family companies that are related by common ownership or control) for purposes with this Privacy Policy.

Authorities and Others. We may disclose your personal information for law enforcement purposes, with government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the “Compliance and Protection” purposes described above.

Business Transfers. We may share personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or part of our business or assets. These deals can include any merger, financing, acquisition, reorganization, divestiture, or in the event of bankruptcy or dissolution.

Professional Advisors and Service Providers. We may share personal information with those who need it to work for us. These recipients may include our employees as well as third-party companies and individuals to administer and provide the Services on our behalf, as well as lawyers, bankers, auditors, and insurers.

Data Retention

We retain information we collect as long as it is necessary and relevant to fulfill the purposes outlined in this Privacy Policy. In addition, we retain personal information to comply with applicable law where required, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Additional Terms, and other actions permitted by law. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymize your personal information (so that it can no longer be associated with you) in which case we may use this information indefinitely without further notice to you.

We employ industry standard security measures designed to protect the security of all information submitted through the Services. However, the security of information transmitted through the Internet can never be guaranteed. We are not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. Users of the Services are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of any of our digital services. In order to protect you and your data, we may suspend your use of any of the Services, without notice, pending an investigation, if any breach of security is suspected.

Your Rights

Depending on applicable laws, you may have the following rights with respect to your personal information:

the right to ask us for an overview of your personal information that we process;
the right to ask us to transfer your personal information directly to you or to another entity, including in a structured, commonly used and machine-readable format. This may apply to personal information that we process by automated means and with your consent or on the basis of a contract with you. We will transfer your personal information where it is technically feasible;
the right to have your personal information deleted if we no longer need it for its original purpose, if you object to us processing your personal information for our own legitimate interests or for personalized commercial messages, if you withdraw your consent for processing your personal information, if we unlawfully process your personal information, or if a law requires us to erase your personal information;
the right to object to us using your personal information for our own legitimate interests. We will consider your objection and whether processing your personal information has any undue impact on you that requires us to stop doing so. You cannot object to us processing your personal information if we are legally required to do so (for example if we are obliged to fulfill a contract with you);
we sometimes use systems to make automated decisions based on your personal information if this is necessary to fulfill a contract with you or if you gave us consent to do so. In such cases, you have the right to object to such automated decisions and ask for an actual person to make the decision instead;
if your personal information is incorrect, you have the right to ask us to rectify it. If we shared such data about you with a third party in compliance with this Privacy Policy, it is our obligation to notify this change to the third party;
the right to ask us to restrict using your personal information if in your opinion the information is inaccurate, if we are processing the data unlawfully, or if you have objected to us processing your personal information for our own legitimate interests; and
should you not be satisfied with the way we have responded to your concerns, you have the right to submit a complaint to us using the contact information further up in this Policy. If you are still unhappy with our reaction to your complaint, you can also contact the data protection authority in your country.

Please note that deletion of your personal information may make it impossible for you to use the Services.

Third Party Payment Service Provider

The Services provide functionality allowing you to make payments using the payment services provided by the Payment Service Provider. When you use such a service to make a payment to us, your personal information will be collected by such Payment Service Provider and not by us and will be subject to such Payment Service Provider’s privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, the Payment Service Provider’s collection, use, and disclosure of your personal information.

Limitation of Liability

We, and/or our respective officers, directors, shareholders, owners, officials, partners, partnership, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns, will not be held liable for any losses or damages (pecuniary or otherwise) resulting from the misuse of any information collected through the Services not in violation of this Privacy Policy or any applicable laws.

Compliance with Canada Privacy Laws

This Privacy Policy and our practices in general are designed to be in compliance with Canada’s Personal Information Protection and Electronic Documents Act (S.C. 2000, c.5) and Québec’s An Act Respecting the Protection of Personal Information in the Private Sector (R.S.Q. c. P-39.1) and any amendments thereof.

International Data Transfers

We have offices outside of the province of Quebec and the EU and your personal information may be transferred to, and processed in or from, Canada (including outside the province of Quebec) and the United States or other locations outside of your state, province, country or other governmental jurisdiction where privacy laws may not be as protective as those in your jurisdiction.

EU users should read the important information provided below about the transfer of personal information outside of the European Economic Area.

Changes to this Privacy Policy

We may change this Privacy Policy at any time. We encourage you to periodically review this page for the latest information about our privacy practices. If we make any changes, we will change the Last Updated date above.

Any modifications to this Privacy Policy will be effective upon our posting of the new terms and/or upon the implementation of the changes to the Services (or as otherwise indicated at the time of posting). In all cases, your continued use of the Services after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.

Contact Us

We have established procedures to receive complaints and inquiries regarding our policies and practices relating to the management of personal information, including the retention and destruction of personal information, the role and responsibilities of Gaiia’s employees, directors and officers. We will inform individuals who make inquiries or lodge complaints of the existence of the relevant procedures. If you have any question or comment about this Privacy Policy, please do not hesitate to contact our Data Protection Officer at security-privacy@gaiia.com.

Notice to California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

This section provides additional details about the personal information we collect about California consumers and the rights afforded to them under the California Consumer Privacy Act or “CCPA”.

For more details about the personal information we collect from you, please see the “What we Collect” section above. We collect this information for the business and commercial purposes described in the “Use of Personal Information” section above. We share this information with the categories of third parties described in the “Disclosures of Your Data” section above. We do not sell (as such term is defined in the CCPA) the personal information we collect (and will not sell it without providing a right to opt out).

Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories of specific pieces of personal information we collect (including how we use and disclose this information), to delete their personal information, to opt out of any “sales” that may be occurring, and not to be discriminated against for exercising these rights.

California consumers may make a request pursuant to their rights under the CCPA by contacting us at security-privacy@gaiia.com. Please note that you must verify your identity and request before further action is taken. As a part of this process, government identification may be required. Consistent with California laws, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requesters’ valid government issued identification, and the authorized agent’s valid government issued identification.

Notice to European Users

The information provided in this notice applies only to individuals in the European Economic Area, Switzerland, and the United Kingdom (collectively, the “EU”) and “personal information” as used in this Privacy Policy is equivalent to “personal data” as defined in the European Union General Data Protection Regulation (“GDPR”).

You may address privacy-related inquiries to our EU representative pursuant to Article 27 GDPR:EU:EU-REP.Global GmbH, Attn: 9303-4338 Quebec inc (dba ‘Gaiia’), 24114 Kiel, Germanygaiia@eu-rep.global www.eu-rep.global

Sensitive Data. Some of the information you provide us may constitute sensitive data as defined in the GDPR (also referred to as special categories of personal data), including identification of your race or ethnicity on government-issued identification documents.

Legal Basis for Processing. We only use your personal information as permitted by law. We are required to inform you of the legal basis of our processing of your personal information, which are described in the table below. If you have any questions about the legal basis under which we process your personal information, contact us at gaiia@eu-rep.global.

Processing PurposeLegal BasisTo provide our ServiceOur processing of your personal information is necessary to perform the contract governing our provision of the Services or to take steps that you request for the Services.To communicate with you

To optimize our Services

For compliance, fraud prevention, and safety

For research and development | These processing activities constitute our legitimate interests. We make sure we consider and balance any potential impacts on you (both positive and negative) and your rights before we process your personal information for our legitimate interests. We do not use your personal information for activities where our interests are overridden by any adverse impact on you (unless we have your consent or are otherwise required or permitted by law).|| To comply with law | We use your personal information to comply with applicable laws and our legal obligations.|| With your consent | Where our use of your personal information is based upon your consent, you have the right to withdraw it anytime by contacting us at gaiia@eu-rep.global. |

Use for New Purposes. We may use your personal information for reasons not described in this Privacy Policy, where we are permitted by law to do so and where the reason is compatible with the purpose for which we collected it. If we need to use your personal information for a related purpose, we will notify you and explain the applicable legal basis for that use. If we have relied upon your consent for a particular use of your personal information, we will seek your consent for any unrelated purpose.

Your Rights. Under the GDPR, you have certain rights regarding your personal information. You may ask us to take the following actions in relation to your personal information that we hold:

Opt-out. Stop sending you direct marketing communications which you have previously consented to receive. We may continue to send you service-related and non-marketing communications.
Access. Provide you with information about our processing of your personal information and give you access to your personal information;
Correct. Update or correct inaccuracies in your personal information;
Delete. Delete your personal information;
Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice;
Restrict. Restrict the processing of your personal information;
Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.

You can submit these requests by email to gaiia@eu-rep.global. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or response to your requests regarding your personal information, you may contact us at gaiia@eu-rep.global or submit a complaint to the data protection regulator in your jurisdiction.

Cross-Border Data Transfer. We process personal data in Canada and the United States and data protection laws may be different from those in your country of residence. You consent to the transfer of your information, including personal information, to Canada and the United States as set forth in this Privacy Policy by using our Services.

Whenever we transfer your personal information out of the EU to Canada and the United States or countries not deemed by the European Commission to provide an adequate level of personal information protection, the transfer will be based on a data transfer mechanism recognized by the European Commission as providing adequate protection for personal information.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal information out of the EU.