Privacy Policy

(Effective November 27, 2023)

Welcome!

Welcome to the Advally website located at https://www.advally.com/ (the “Website”) which includes all subdomains (including the “Client Portal” at https://reporting.advally.com) and subpages present and future. We are delighted that you have chosen to visit us and / or use the Client Portal.

The Bishop Way, Inc. (the company that owns and operates the Website) takes your privacy and security of personal date very seriously. We have provided and will continue to provide a secure environment and this strict Privacy Policy (the “Policy”) that describes the limited ways your information is used and the limited access to such information. We ask that you read it carefully.

Key Elements of this Policy

Here are the key elements of this Policy needed to make an informed decision about your consent for our collection, use and disclosure of your personal data. By submitting any personal data to us via any means, you consent to such collection, use and disclosure. You can find the details in the rest of the Policy.

Some Terms

Before we really get started, here are a few terms we think you should know as you read this Policy.

“Data Protection Laws” refers to the laws that are designed to protect your personal data and privacy in the place where you live. These include: (1) the “GDPR”, the European data protection law which stands for “General Data Protection Regulation”, with the official name Regulation (EU) 2016/679 of the European Parliament and of the Council; (2) “PIPEDA” (Personal Information Protection and Electronic Documents Act), which is the Canadian Data Protection Law that applies to our activities in Canada; (3) An Act Respecting the Protection Of Personal Information in the Private Sector (the “Quebec Privacy Act”) as amended by Law 25, which applies to our activities in Quebec; (4) the California Consumer Privacy Act (“CCPA”) which applies to our activities in the United States in certain circumstances; and (5) the “UK GDPR” which applies to our activities in the United Kingdom; please note that when this Policy refers only to the “GDPR”, this includes the UK GDPR as applicable. Advally is committed to adhering to all these applicable Data Protection laws.

“Personal data” – this is information we collect from you or about you and which is defined in the GDPR as “any information relating to an identified or identifiable natural person.” It can be as simple as your name or your email, or something more complicated like an online identifier (usually a string of letters and / or numbers) that gets attached to you. Under PIPEDA, the CCPA and the Quebec Privacy Act, the equivalent concept is “personal information”, which is roughly the same. Any mention of “personal data” in this Policy shall also mean personal information.

About Us and Contacting Us

The Website is owned and operated by The Bishop Way, Inc. d.b.a Advally, a corporation located in Montreal, Canada at the address listed below. Where this Policy refers to “Advally” it may refer to The Bishop Way, Inc. and / or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in this Policy shall also refer to Advally and / or its Representatives. In this Policy, a Website visitor or user may be referred to as “you” or “your”.

Under the GDPR, Advally is a “Data Controller”. That means we collect personal data directly from you and determine the purpose and means of “processing” that data. “Processing” is a broad term that means collection, use, storage, transfer or any other action related to your personal data; it is used in this Policy in that way. Under PIPEDA, Advally is an “organization”, and under the Quebec Privacy Act, Advally is an “enterprise”. PIPEDA uses the phrase “collection, use and disclosure” and the Quebec Privacy Act uses “collects, holds, uses or communicates to third parties” as the rough equivalent to the “processing” of the GDPR. When we use “processing” in this Policy, you can substitute either of those phrases.

If you want to ask us anything about what’s in this Policy, or anything else privacy- or data- related, or exercise any of your available privacy rights, you can contact:

Allen Mendelsohn

Advally Data Protection and Privacy Officer

privacy@advally.com

or:

Allen Mendelsohn

Advally Data Protection and Privacy Officer

5165 Sherbrooke St West, Suite 500

Montreal, QC,

Canada

H4A 1T6

Your Rights

You have the following rights regarding your personal data held by Advally, and other rights. Please note that not necessarily all of these rights may be available to you; this depends on the Data Protection Laws where you are located that apply to you. These rights may be exercised without affecting the price you pay for any Advally services, if any.

• The right to withdraw at any time your consent for Advally to process your personal data;
• The right to have your personal data erased from Advally’s records;
• The right to have any hyperlink from Advally that is attached to your name removed;
• The right to access your personal data and any relevant information around its processing and use;
• The right to have a copy of your personal data given to you in an easy to read format so that you can transfer it to another data processor or data controller;
• The right to have your personal data corrected or updated if you believe it is inaccurate or out of date;
• The right to opt out of marketing communications we send you, at any time;
• The right to know whether Advally sells or shares your personal data (and if so, who gets it). Please refer to that information elsewhere in this Policy, though you can contact our us if you need additional information or clarifications;
• The right to demand that Advally not sell your personal data. Please note we do not sell your personal data;
• The right to restrict the processing of your personal data if it is inaccurate or if our processing or use of it is against the law; and
• The right to refuse any marketing or advertising targeted at you by Advally.

If you wish to exercise any of these rights, please contact us at the contact information above, or refer to the relevant sections further in this Policy.

Please note that if you request erasure of your personal data, we shall do it to the extent feasible. However, Advally reserves the right to retain some of your personal data for a reasonable time in order to satisfy certain legal obligations or under a legal procedure of any sort. Furthermore, deletion of your personal data may prevent you from using all or a portion of the Website or the Client Portal.

Limited Personal Data Collected from You and What We Use It For

Advally limits the amount of personal data we collect to only what is necessary and appropriate for the identified purposes. We will not use or disclose your personal data for purposes other than those for which it was collected, except with your consent or as permitted or required by applicable law.

In the table below, please find all the personal data we may collect from you directly, what we use it for, and the legal basis under the GDPR for us having and processing this personal data. Under PIPEDA, the CCPA and the Quebec Privacy Act, the legal basis is your informed consent, and by submitting this personal data you acknowledge having granted this consent to Advally.

Where you have provided personal data further to the contract between you and us, if you fail to provide such data or withdraw your consent to use such data, you may no longer be able to access the Client Portal.

Personal Data Collected About You from Third Parties and What We Use It For

Sometimes we get personal information about you from third parties. This table explains the details about this personal information – what it is, where it came from and what we do with it.

Furthermore, to the extent that analytics identifiers and advertising identifiers are generated from third parties, these may be considered personal data collected from third parties, and you can find details about that further below in this Policy

Sensitive Personal Data

We do not collect any of what the GDPR considers sensitive personal data from you, unless you voluntarily submit it to us, which we encourage you not to do.

Who We Transfer Your Personal Data To

We routinely share some of your personal data with certain types of third parties who are identified in the table below along with what they do with it. Please note that some of those third-party recipients may be based outside your home jurisdiction. If you are in the European Economic Area or the United Kingdom— please see the “Transfer of Your Personal Data Outside of the European Economic Area” further down in this Policy for more information including on how we safeguard your personal data when this occurs. If you are in Quebec, please see the “Transfer of Your Personal Data Outside of Quebec” section further down in this Policy for information on how we safeguard your personal data when this occurs.

We will share personal data with law enforcement or other public authorities if: (1) we are required by applicable law in response to lawful requests, including to meet national security or law enforcement requirements; (2) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person, or any violation of any Advally Terms of Use or Terms and Conditions; or (3) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Website infrastructure or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of the Website infrastructure or the Website generally).

We may also share personal data: (1) to a parent company, subsidiaries, joint ventures, or other companies under common control with Advally (in which case we will require such entities to honour this Policy); (2) if Advally merges with another entity, is subject to a corporate reorganization, sells or transfers all or part of its business, assets or shares (in which case we will require such entity to assume our obligations under this Policy, or inform you that you are covered by a new privacy policy).

We will never share your personal data with other third parties except under these circumstances. We do not sell or rent your personal data to any third party for direct marketing purposes or any other purpose.

Advally Advertising and Opting Out

Advally uses AdRoll, Google Ad Manager, Meta Business, LinkedIn Ads, and Reddit Ads advertising services (the “Advertising Networks”) to serve you advertising and by visiting the Website you consent to this use, unless you have rejected such cookies (please see the Cookies section below). Specifically, Advally uses the remarketing features of interest-based advertising of the Advertising Networks that deliver you advertisements that will be of particular interest to you, based on your browsing and activity history interacting with the Website. These advertisements will appear on third-party websites around the web. The Advertising Networks use specific cookies or pixels (as described in the Cookies section below) to allow them to serve these ads around the web. You may prevent this type of advertising by deleting the appropriate cookies associated with each network through your browser, though this may not be permanent. For a more permanent solution, you may opt out of such advertising by clicking on the Digital Advertising Alliance YourAdChoices option on advertisements or using the NAI (Network Advertising Initiative) online opt-out tool.

Limited Gathering of Information for Statistical, Analytical and Security Purposes

Advally automatically collects certain information using the “Third-Party Analytics Programs” Google Analytics, HubSpot and Similarweb to help us understand how our users use the Website, but none of this information identifies you personally, except via an alphanumeric string. For example, each time you visit the Website or log in to the Client Portal, we automatically collect (as applicable) your IP address, browser and computer or device type, access times, the web page from which you came, the web page(s) or content you access, and other related information. We use information collected in this manner only to better understand your needs and the needs of Website visitors and users in the aggregate. Advally also makes use of information gathered for statistical purposes to keep track of the number of visits to the Website, the specific pages on the Website, and users with a view to introducing improvements to the Website.

Your IP address and other relevant information we collect using the Third-Party Analytics Programs may be used in order to trace any fraudulent or criminal activity, or any activity in violation of any applicable Advally Terms of Use.

Tracking Technology (“Cookies” and Related Technologies)

Advally uses tracking technology (“cookies” and related technology such as tags, pixels and web beacons) on the Website and by interacting with the Website you agree to their use. Cookies are small text files placed on your computer or device when you visit a website or use an online service, in order to track use of the site or service and to improve the user experience by storing certain data on your computer or device. By default, all non-necessary cookies are turned off when you first visit the Website; you can use our cookie management tool in the cookie banner presented to you to accept or decline categories of cookies.

Specifically, we use cookies and related technologies for the following functions:

• to enable your logging-in to the Client Portal;
• to enable the interest-based advertising from the Advertising Networks as described further up in this Policy;
• to provide general internal and user analytics on the Website and to conduct research to improve the content of the Website using the analytics programs as described above in this Policy;
• to combine information about your visit to the Website with your Contact Information if you fill out a contact form, so that we may contact you about Advally and any services you may be interested in, using the Third-Party Analytics Program HubSpot; and
• to assist in identifying possible fraudulent activities.

Your browser or device can be set to refuse cookies or delete them after they have been stored. You can refer to your browser’s or device’s help section for instructions, but here are instructions for the most commonly-used browsers and operating systems:

• Google Chrome
• Mozilla Firefox
• Microsoft Edge
• Microsoft Internet Explorer
• Opera
• Apple Safari
• iOS
• Android

Please note that deleting or refusing certain cookies may reduce your user experience by requiring you to re-enter certain information, including information required to use the Client Portal. Furthermore, deleting or refusing certain cookies may prevent certain functions, including in the Client Portal, from working at all.

How We Protect Your Personal Data

We have implemented very strict technical and organisational procedures for ensuring that, by default, only personal data which are necessary for each specific purpose of the processing are processed by us. These procedures prevent your personal data from being lost; or used or accessed in any unauthorised way. Examples of such procedures include restricted access to offices, training of personnel, using passwords and well-defined internal policies and information technology practices.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable supervisory authority of a suspected data security breach where the Data Protection Laws requires us to do so, and within the time frame required by the applicable Data Protection Law.

Advally uses only industry best practices (physical, electronic and procedural) in keeping any data collected (including personal data) secure. In addition, we use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to host and operate the Website, and these third parties have been selected for their high standards of security, both electronic and physical. For example, Advally uses vendors such as Digital Ocean, a recognized leader in secure data, for hosting of the Website and related data, and storage of data including personal data.

All information, including personal data, is transferred with encryption using Secure Sockets Layer (“SSL”) or Transport Layer Security (“TLS”), robust security standards for Internet data transfer and transactions. You can use your browser to check Advally’s valid SSL security certificates on the Website.

Internal Procedures and Policies

In addition to the measures to protect your personal data described in the previous section, we have drafted and implemented certain internal procedures and policies regarding personal data, including the following:

1. A framework for the keeping and destruction of the personal data, including where we may keep anonymized data;
2. Defining and describing the roles and responsibilities of the members of Advally personnel throughout the life cycle of the personal data; and
3. A process for dealing with individual complaints and requests for personal data and exercising of the individual’s rights under Data Protection Laws.
4. A management and IT policy and procedure for addressing potential data breach incidents involving personal data in the custody of Advally.

Transfer of Your Personal Data Outside of the European Economic Area (EEA) and the United Kingdom (U.K.)

For our European users, we endeavour to keep your personal data inside the EEA or the U.K. (as applicable). However, certain of our data processors (and Advally) are in other countries where your personal data may be transferred. However, these countries are limited to countries with particular circumstances that protect your data, specifically:

• Canada has been determined to have an “adequate level of protection” for your personal data under European data protection law.
• The United States. Your personal data is only transferred to companies in the United States that: (1) have signed agreements with us or have informed us that they are GDPR-compliant; and (2) have concluded the Standard Contractual Clauses for the transfer of personal data outside the EEA or the U.K.

That’s it! You have the right, however, to refuse to have your data transferred outside the EEA or the U.K. Please contact our privacy officer to make that request. Please note that making this request may prevent you from being able to use a portion or all of the Services, though we will make every attempt to ensure this is not the case.

Transfer of Your Personal Data Outside of Quebec

For our Quebec users and visitors, we endeavour to keep your personal data in Quebec. However, certain of our third-party service providers are in other provinces or countries where your personal data may be transferred. When this happens, we do the following to safeguard your personal data:

1. We will perform what the Quebec Privacy Act calls an “Assessment of the privacy-related factors” (what is generally called a “Privacy Impact Assessment,” or “PIA”) prior to the personal data leaving Quebec. If the PIA does not meet our standards and the standards required by the Quebec Privacy Act, we will not transfer your personal data to such a service provider; and
2. If the PIA allows us to transfer the personal data to such a service provider outside Quebec, we will sign what is generally called a “Data Processing Agreement,” or DPA, or conclude other contractual provisions with the service provider, which protects the person data transferred to them and limits their use of it to what we have contracted with them to do. This DPA will adhere to the requirements of the Quebec Privacy Act.

Furthermore, any time we are considering sending your personal data outside Quebec to a third party who is not a service provider, we will perform a PIA. If the PIA does not meet our standards and the standards required by the Quebec Privacy Act, we will not transfer your personal data to such third party. 

Supervisory Authorities and Complaints

If you are in the EEA or the U.K., under the GDPR you have the right to make a complaint to the appropriate supervisory authority. If you are not satisfied with the response received or the actions taken by our Data Protection and Privacy Officer, or if you would like to make a complaint directly about Advally’s data practises, we invite you to contact the supervisory authority in your country. If you are in the U.K., you should contact the Information Commissioner’s Office who is the supervisory authority. You can reach them in a variety of ways, including by phone (0303 123 1113 in the UK) and mail (Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF). If you are in France, you should contact the Commisssion Nationale de l'Informatique et des Libertés who is the supervisory authority there. Their contact information can be found here.

The full listing of all Data Protection Authorities (the supervisory authorities) across the EEA can be found here.

If you are in Canada and you are not satisfied with the response received or the actions taken by our Data Protection and Privacy Officer, you can make a complaint to the Office of the Privacy Commissioner of Canada. Instructions on how to do so can be found on their website. In Quebec you can make a complaint to the Commission d’accès à l’information du Québec with information found on their website.

Data Retention

Your personal data will only be kept for as long as it is necessary for the purpose needed for that processing. For example, we will retain your Client Information only for as long as you have an account with us to use the Client Portal.

We may have to keep your data for a longer period of time to satisfy our requirements under any applicable law.

Automated Decision-Making

Advally does not use any automated decision-making processes in providing the Website.

Children’s Privacy Statement

The Website is not intended for children under the age of 16. We do not knowingly collect any personal data from a child under 16. If we become aware that we have inadvertently received personal data from a person under the age of 16 through the Website, we will delete such information from our records.

Changes to This Privacy Policy

The date at the top of this page indicates when this Policy was last updated. Every now and then, we will have to update this Policy, and we will update it no less than once every 12 months. You can always find the most updated version at this URL, and we will always post a notice on our Website if we make big changes. If you have a Advally account to use the Client Portal or any other Advally service, we will also email you to tell you the Policy has been updated, and what the important changes are.

Thanks for reading! Please keep your personal data safe; we promise to do the same.

© The Bishop Way, Inc. d.b.a. Advally 2023