Introduction

Element AI Inc. ("we", “our” or “us”) is committed to protecting the Personal Information (as defined below) that we collect, store, use and may share in connection our websites (the “Websites”). Please also refer to our TERMS AND CONDITIONS. This Privacy Policy describes how we manage Personal Information, including how we use it, for what purposes it is collected and used, to whom it is shared and how to access it.

By using our Website, you consent to the collection, storage, use and sharing of your Personal Information as described in this Privacy Policy. Note that there is a specific section that applies to your information when you submit an application through our Careers page and when you submit your information through a contact form on our Website – we describe this more fully below.

This Privacy Policy only applies to our Websites, and though they may link to third party websites and pages, note that we are not responsible for the policies and procedures of such third parties. Where applicable, it is your responsibility to ensure that you review and agree with these third party policies and procedures.

We reserve the right to make modifications to this Privacy Policy from time to time in order to adapt it to any changes in applicable laws or our activities. The date of the latest version of this Privacy Policy is indicated at the top of this page. By continuing to use our Website or by submitting your information through a contact form, you are consenting to any changes to this Privacy Policy.

If you do not agree with any provisions of or changes to this Privacy Policy, please do not use our Website. You may also, at any time, communicate with us using the contact information at the bottom of the page in case you have any questions or concerns regarding this Privacy Policy.

1. How we collect personal information

At the present time, we only directly collect personal information when you submit your information through one of our forms, when you write us or contact us directly and when you submit your information through our Careers page. We treat any information that makes it possible to identify you as an individual as personal information (“Personal Information”). For example, we consider your name, postal address (including city, province/state, postal code and country), telephone number and e-mail address to be Personal Information.

2. Cookies

By using the Websites, you consent to receiving cookies from us and third party advertisers on our Website (should we decide to add any!). Cookies are alphanumeric identifiers that are transferred to your computer's hard drive through your web browser which enable us to retain certain information about your use of the Website, including the date of your last visit to the Website, the pages you visit on the Website, the files you download on the Website and the type of browser you use.

We also make use of cookies to obtain additional information generated by your computer, including your Internet Protocol (IP) address, information about your device (such as its type, the kind of browser you use) as well as information made available through your browser that provides information about the pages you’ve visited and how you arrived at the Website.

Cookies may also identify your location if you choose to share this information with us. Please note that some mobile applications may automatically collect the location of your mobile device using technologies such as GPS, Wi-Fi, or cell tower technology in order to tailor our services to your needs. Most mobile devices allow you to withdraw your permission to us to acquire such location data through device settings. If you have questions about how to disable your mobile device’s location services, we recommend that you contact your mobile device service provider or the device manufacturer. We use cookies to optimize the browsing experience, and it’s always possible for you to block them through your browser of choice. That said, the Websites are optimized for use with cookies, so the Websites may not function properly if you’ve disabled cookies.

3. Analytics tools

We also use certain analytics tools such as Google Analytics services to collect data for advertising and analytics purposes, including the collection of data via advertising cookies and identifiers.

We use HOTJAR in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices (in particular device's IP address (captured and stored only in anonymized form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), preferred language used to display our website). Hotjar stores this information in a pseudonymized user profile. Neither Hotjar nor we will ever use this information to identify individual users or to match it with further data on an individual user. For further details, please see Hotjar’s privacy policy by clicking on THIS LINK.

You can opt-out to the creation of a user profile, Hotjar’s storing of data about your usage of our site and Hotjar’s use of tracking cookies on other websites by following this OPT-OUT LINK.

4. Use of personal information

We may use the Personal Information that garner as set out in this Privacy Policy to:

  • Optimize the use of the Websites, and customize your experience;

  • When you submit information through a contact form, for us to contact you in connection with the content of the form;

  • Where you consent to these messages, send you messages and updates about our activities, and, sometimes, these may include updates from our partners. You can opt-out from these messages at all times by clicking through on the links made available in our messages, or through the contact information below;

  • Improve our Website and advertise more effectively by combining your Personal Information with other information collected by us from the third party sources described in Section 3; and

  • As otherwise described to you from time to time on the Websites.

5. Storage of personal information

While your Personal Information will be collected and stored on servers mainly in the United States and Canada, it may be shared with, stored and/or processed by third parties as set out by this Privacy Policy who are located in other countries.

While we use reasonable means to safeguard your Personal Information contractually or otherwise with such third parties, your Personal Information is subject to the legal requirements and governmental authorities of the foreign jurisdictions in which it is located (meaning that we may be legally required to disclose Personal Information to a governmental authority of a foreign jurisdiction in which your Personal Information is located).

6. Sharing of personal information

We may share your Personal Information with the following list of third parties. Please note that once we share your Personal Information with a third party, it becomes subject to such third party’s privacy practices, though we use commercially reasonable efforts to ensure that your Personal Information is used by such third parties in a manner that is consistent with this Privacy Policy.

  • Affiliates: We may share your Personal Information with our affiliates for the purpose of performing services on our behalf or for us.

  • Service providers: Your Personal Information may be shared with third parties acting on our behalf or for us, such as marketing and mailing platforms, customer relationship management systems and email providers.

  • Business transfer: We may share and transfer your Personal Information without your express permission where there is a corporate event requiring such transfer, such as a merger, acquisition, bankruptcy or sale of assets.
  • Other parties with your consent: Where you’ve expressly consented for your Personal Information to be shared with other third parties, we will share it in accordance with such consent.

  • Legal or administrative process: We may share your Personal Information with third parties if we believe that disclosure is reasonably necessary to enforce this Privacy Policy, to detect or prevent fraud, security or technical issues or to comply with any applicable law, regulation, legal process or governmental request.

7. Certain rights

Under certain circumstances and in accordance with EU/EEA or other applicable data protection laws, an individual may avail itself of the following rights by contacting us as set out below:

  • Access: entitled to ask if we are processing information and, if we are, request access to personal information. This enables the individual to receive a copy of the personal information we hold and certain other information about him or her;

  • Correction: entitled to request that any incomplete or inaccurate personal information we hold be corrected;

  • Erasure: entitled to ask us to delete or remove personal information in certain circumstances. There are certain exceptions where we may refuse a request for erasure, for example, where the personal information is required for compliance with law or in connection with claims;

  • Restriction: entitled to ask us to suspend the processing of certain personal information, for example to establish its accuracy or the reason for processing it;

  • Transfer: request the transfer of certain personal information to another party;

  • Objection: one may challenge when we are processing personal information based on a legitimate interest (or those of a third party) or for direct marketing purposes. However, we may be entitled to continue processing information;

  • Automated decisions: contest any automated decision made where this has a legal or similar significant effect and ask for it to be reconsidered;

  • Consent: where we are processing personal information with consent, withdrawal of consent.

Also you may have a right to make a complaint with a data protection supervisory authority, in particular in the country/province/state where you normally reside, where we are based or where an alleged infringement of data protection law has taken place.

8. Careers page

Our Careers Page has a specific opt-in whereby you consent to the application of this Privacy Policy for the Personal Information you submit through our online forms through which you can submit your application for job openings within Element AI. We may use your Personal Information to contact you directly in relation to your application, including with respect to new job openings if you’ve opted in to such messages. By submitting your Personal Information through our Careers Page, you agree that we may retain this Personal Information for a period of three (3) years from when you last applied for an opening.

At present, our Careers Page is managed through a third party software application through which our Talent Team accesses the Personal Information on a permission-basis. We also make use of the Personal Information you submit through the Careers Page for our human resources planning and management, including, for example, for statistical purposes. You can request your information to be deleted in accordance with this Privacy Policy, but such deletion will remove you from further consideration for any openings.

9. Right to access, delete or correct personal information

In accordance with applicable law, you may contact us to request access to your Personal Information – and we’ll evaluate this request in accordance with the Privacy Policy and applicable laws, and subject to the protection of our confidential information and that of third parties. Upon confirmation of your identity, you can also request in writing to modify or comment the Personal Information we hold, in accordance with applicable law.

10. Technical measures

We use market standard measures to help protect against the loss, theft, misuse and unauthorized access to your Personal Information, but, we cannot warrant or guarantee that such instances will not occur. With this in mind, and to the fullest extent allowed by applicable law, we disclaim any liability that does not result from our gross negligence or wilful misconduct.

11. Governing law

This Privacy Policy shall be interpreted and governed by the laws of the Province of Quebec. The courts located in Montreal, Québec, shall have sole and exclusive jurisdiction to hear any claims or disputes arising out of this Privacy Policy.

12. Contact us

In case of any questions or comments regarding this Privacy Policy or to keep your Personal Information accurate and complete, please communicate with us using one of the following contact methods: (i) email: PRIVACY@ELEMENTAI.COM; (ii) Legal Department, Element AI Inc., 6650 Rue Saint-Urbain, Montréal, QC H2S 3G9.