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Trilogy Software Inc. ("Trilogy"/"we"/"us"/"our") is committed to protecting your privacy. We make the websites www.taxcycle.com, app.taxcycle.com and www.protaxcommunity.com (the "Website") as well as professional tax preparation software and related cloud services for accountants and bookkeepers (the "Services"). As you use our Services, we want you to be clear how we’re using information and the ways in which you can protect your privacy.
Our Privacy Policy explains:

  • What information we collect and why we collect it.
  • How we use that information and when we disclose it.
  • How to access and update your personal information.

Your privacy matters to us so please take the time to familiarize yourself with our policies, and if you have any questions please contact us at privacy@trilogysoftware.com

Last update: November 15, 2018

Purpose of this Privacy Policy

This Privacy Policy aims to give you information on how Trilogy collects and processes your personal information through your use of the Website and the Services, including any information you may provide when you sign up for a demo of our Services, when you create an account and a profile with us, when you purchase or use our Services, when you search our Website, when you subscribe to our email alerts, when you contact our customer service, when you participate in surveys, public forums, chats, or when you respond to one of our requests for suggestions and other content.

Please note that neither the Website nor the Services is intended for children under 16 years of age. No one under age 16 may provide any information to or on this Website or through our Services. We do not knowingly collect personal information from children under 16. If you are under 16, do not: use or provide any information on this Website or on or through any of its features; use any of the interactive or public comment features of this Website; or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us.

It is important that you read this Privacy Policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal information about you so that you are fully aware of how and why we are using your information. This Privacy Policy supplements the other notices and is not intended to override them.

Controller or Processor

To the extent that Trilogy holds information about you due to your use of our Services, Trilogy is the controller and responsible for your personal information. To the extent that Trilogy holds information about you due its presence in content uploaded by Trilogy customers, Trilogy acts as a processor.

If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact us using the details set out below.

Contact Details

Our full details are:
Trilogy Software Inc.
Email address: privacy@trilogysoftware.com
Postal address: Trilogy Software Inc., 800 – 1333 8 ST SW, Calgary AB, T2R 1M6
Telephone number: 1-888-841-3040

You also may have the right to make a complaint at any time to your local supervisory authority for data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach the regulator so please contact us at privacy@trilogysoftware.com in the first instance.

Third-party Links

This Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share information about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Website, we encourage you to read the privacy notice of every website you visit.

Personal data, or personal information, means any information relating to an identifiable person who can be directly or indirectly identified. It does not include data which cannot be related to an identifiable person (anonymous data).
We may collect, use, store and transfer different kinds of personal information which we have grouped together follows:

  • Identity Data includes first name, last name, username or similar identifier.
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Financial Data includes payment card details.
  • Transaction Data includes details about payments to and from you and other details of products and/or Services you have purchased from us.
  • Technical Data includes internet protocol (IP) address, your mobile device’s unique ID number, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Website and Services.
  • Profile Data includes your username and password, purchases or orders made by you, your location, preferences, feedback and survey responses.
  • Usage Data includes information about how you use our Website, app(s) and Services, such as the buttons, controls, products and ads you click on, pages of our application or Website that you visit, the time spent on those pages, your search queries, the dates and times of your visits, but also about the webpage you were visiting before you came to our Website app(s) and the webpage, app(s) you go to next.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
  • Client Data includes any personal information regarding your clients that may be included in any information that you submit through the Services.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from personal information but is not considered personal information in law as this information does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data or Client Data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect Aggregated Data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information which will be used in accordance with this Privacy Policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. We may in certain instances receive tax return files from you which contain Special Categories of Personal Data about your clients. These files are sent to us with your permission to assist in diagnosing software issues and are solely used for this purpose.

If you fail to provide personal information

Where we need to collect personal information by law, or under the terms of a contract we have with you and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our Services). In this case, we may have to cancel a Service you have with us, but we will notify you if this is the case at the time.

We use different methods to collect data from and about you, including through:

  • Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
    • sign up for a demo of our software or Services;
    • create an account and profile with us;
    • purchase one of our Services;
    • subscribe to our email alerts;
    • complete one of our online forms to receive our reports and case studies;
    • download our software;
    • access one of our help topics or videos;
    • contact our customer service;
    • agree to share your screen with our customer service agents;
    • provide web or in-product logs to our customer service agents;
    • participate in our online or in-person training;
    • post to our online community;
    • participate in our opinion surveys;
    • enter in any contests we may offer;
    • request marketing to be sent to you; or
    • give us some feedback.
  • Automated technologies or interactions. As you interact with our Site, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data and Usage Data about you if you visit other websites employing our cookies. Please see our Cookie Policy for further details.
  • Third parties or publicly available sources. We may receive personal information about you from various third parties and public sources as set out below:
  • Technical Data from the following parties:
    1. analytics providers, such as Google Analytics;
    2. search information providers, such as Google.
  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
  • Your Client Data is only collected by us when you submit information on your clients (if applicable) to us through the Services (including through any file storage service on your local device or through a cloud-based storage provider), when your send a client file to us for review by email or another feedback mechanism, or when you grant us permission to collect information directly from the Canada Revenue Agency. This information may include information such as Social Insurance Numbers, birth dates, tax returns, financial information, tax return information, fund names and other similar information. We use this information solely for the purpose of providing you with the Services. We do not collect your Client Data from any other source. You control what Client Data we collect and may change your preferences at any time.

We will only use personal information when the law allows us to. Most commonly, we will use personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.
  • The types of lawful basis that we will rely on to process your personal data are:

Legitimate Interest – this means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact 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 the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities.

Performance of Contract – this means processing your information where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Compliance with a Legal or Regulatory Obligation – this means processing your personal information where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Generally we do not rely on consent as a legal basis for processing your personal information other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal information

We have set out below, in a table format, a description of all the ways we plan to use your personal information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your information. Please contact us if you need details about the specific legal ground we are relying on to process your personal information where more than one ground has been set out in the table below.


Purpose/Activity

Type of Data

Lawful basis for processing including basis of legitimate interest

To register you as a new customer

  1. Identity
  2. Contact

Performance of a contract with you

To facilitate your use of the Services

  1. Identity
  2. Contact
  3. Financial
  4. Transaction
  5. Client Data

Performance of a contract with you

To process and deliver your order including:

  1. Manage payments, fees and charges
  2. Collect and recover money owed to us
  1. Identity
  2. Contact
  3. Financial
  4. Transaction
  5. Marketing and Communications
  1. Performance of a contract with you
  2. Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include:

  1. Notifying you about changes to our terms or Privacy Policy
  2. Asking you to leave a review or take a survey
  1. Identity
  2. Contact
  3. Profile
  4. Marketing and Communications
  1. Performance of a contract with you
  2. Necessary to comply with a legal obligation
  3. Necessary for our legitimate interests (to keep our records updated and to study how customers use our Services)

To administer and protect our business, Website and Service (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

  1. Identity
  2. Contact
  3. Technical
  4. Aggregated
  1. Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)
  2. Necessary to comply with a legal obligation

To use data analytics to improve our website, services, marketing, customer relationships and experiences

  1. Technical
  2. Usage
  3. Aggregated

Necessary for our legitimate interests (to define types of customers for our Services, to keep our Website and Service updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to you about services that may be of interest to you

  1. Identity
  2. Contact
  3. Technical
  4. Usage
  5. Profile

Necessary for our legitimate interests (to develop our Services and grow our business)

Marketing

We strive to provide you with choices regarding certain personal information uses, particularly around marketing and advertising. You may elect to opt out of receiving any further marketing or advertising emails from us through the mechanism provided in those emails.

Opting out

You can ask us to stop sending you marketing messages at any time by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal information provided to us as a result of a service purchase, service experience or other transactions.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our Websites may become inaccessible or not function properly. Please see our Cookie Policy for further details.

Change of purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at privacy@trilogysoftware.com.

If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

We may have to share your personal information with the parties set out below for the purposes set out in the table in section 4, above.

  • Third Party categories as set out below:
    • Service providers who provide IT and system administration services.
    • Social networking sites to which you have linked your account.
    • Professional advisers including lawyers, bankers, auditors and insurers based in Canada and the United States who provide consultancy, banking, legal, insurance and accounting services.
    • Regulators and other government authorities who require reporting of processing activities in certain circumstances.
  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal information in the same way as set out in this Privacy Policy.

We require all third parties to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information for specified purposes and in accordance with our instructions.

We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment. We have implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you. You are also responsible for helping to protect the security of your Personal Information. For instance, never give out your password, and remember to log out of your account and close your browser window when you have finished using the Website, so that other people using the same computer will not have access to your Personal Information.

We will only retain personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

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.

We are required by law to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax and other legally required purposes.

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

You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information although in certain limited circumstances, we may not be able to make all relevant information available to you such as where that information also pertains to another user. We will endeavour to deal with all requests for access and modifications in a timely manner.

We will make every reasonable effort to keep your Personal Information accurate and up-to-date. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service.

We reserve the right to change this Privacy Policy at any time. If we decide to change this Privacy Policy in the future, we will post an appropriate notice on the Website's home page. Any non-material change (such as clarifications) to this Privacy Policy will become effective on the date the change is posted and any material changes will become effective 30 days from their posting on the Website. Unless stated otherwise, our current Privacy Policy applies to all Personal Information that we have about you and your account. The date on which the latest update was made is indicated at the bottom of this document. We recommend that you print a copy of this Privacy Policy for your reference and revisit this policy from time to time to ensure you are aware of any changes. Your continued use of the Website and Services signifies your acceptance of any changes.

You can help by keeping us informed of any changes, such as a change of address or telephone number. If you would like to access your information, if you have any questions, comments or suggestions, or if you find any errors in our information about you, please contact us at: privacy@trilogysoftware.com.

If you have a complaint concerning our compliance with applicable privacy laws, we will investigate your complaint and if it is justified, we will take appropriate measures.