1. Protecting Your Privacy. This privacy policy (this “Privacy Policy”) is provided by Top of Mind Solutions Inc. (“Top of Mind”, “us”, “we”, “our”, or words of like meaning) and applies to this website and/or mobile application and any other websites, applications, features, widgets, or online services owned, operated, or controlled by Top of Mind (collectively, this “Site”). This Privacy Policy explains how we collect, use, and disclose personal information in Canada. This Privacy Policy is governed by and forms an integral part of this Site’s Terms of Use(the “Terms of Use”). Capitalized terms used but not otherwise defined in this Privacy Policy will have the meaning given to them in the Terms of Use. We appreciate the trust you (“you”, “your”, “yourself”, and words of like meaning) place in us when you choose to access, visit, and use this Site or purchase or provide Services by way of this Site, and we take that responsibility seriously. In general, “personal information” is information about an identifiable individual, subject to more particular definitions or interpretations under applicable law. This Privacy Policy does not apply to personal information about Top of Mind’s employees, partners, consultants, volunteers, or other temporary or permanent Top of Mind staff or other individuals assigned to Top of Mind (each, a “Top of Mind Member”), or to any information that is not personal information as defined in or interpreted under applicable law. Top of Mind offers and provides services and information to a wide range of users of this Site. We collect, use, and disclose personal information in accordance with Canadian privacy law as necessary to offer and provide users and potential users with services and information and generally to fulfill our responsibilities with respect to our business. 
  2. Information Collection. Top of Mind and this Site typically collect personal information directly from you or through our interaction with you, including by way of this Site. We may also obtain personal information about you from other sources. The types of personal information we collect and use will depend upon the user, the user’s use and interaction with this Site and Services, and the type of information and Services involved therewith. Subject to applicable law, the types of personal information we collect from you and third parties may include: 
    1. identifying information, such as your name, address, email address, contact details, and ID numbers as well as other information required to verify your identity, employment history, and academic and professional history and qualifications, such as your taxpayer information, tax filings, photo IDs, government ID numbers, and billing statements;
    2. certain demographic information, including age or birthdate, gender, postal or ZIP code, and other similar information about you;
    3. profile and account information, including contact, purchase, and preference information as well as your account password, information about any purchased or subscribed for products or services, any products or services in your online shopping cart or saved for future purchase, product or service review information, promotional information, and other information about any profile, account, or dashboard you may have with Top of Mind or this Site;
    4. preference information, such as your contact and marketing preferences and product and services interests;
    5. billing and financial information, including credit and account information, payment method and payment information (such as debit or credit card number and information), billing and shipping address, billings and income information related to the Site, and contact information (such as for receipts or order updates);
    6. purchase or order information, such as products or services you purchase or use;
    7. information regarding work done by you and other users for other users, including work details, substantive work product, work memos, project notes, time sheets, work histories, mouse clicks, keyboard strokes, and screen shots;
    8. call and video conference recordings, including information about your call or video conference and that you share when you call us on the phone or otherwise;
    9. incidental information about you relating to this Site or Content or products or services or information related to you or your business, including employment history and information, employment status, comments, opinions, evaluations, ratings, disputes, intentions, and social status;
    10. information about you that we collect in the course of providing Services, including personal information about you and third parties;
    11. information about you contained in communications within Top of Mind, between Top of Mind and third parties, and between Top of Mind and you, whether online or offline; 
    12. location information of your device that you use with our mobile application, if your device settings allow us to collect location information; 
    13. device and browsing information including IP addresses, information about your phone, tablet, computer, or device, online browsing activity, unique device identifiers, Cookie identifiers, device and browser settings and information, Internet service provider information, information about when and how you access and use this Site (such as the date and time of your visit or use), the websites you visit before coming and after leaving this Site, how you navigate and what you search for using this Site, the web pages and items and Services you view using this Site, and the Services you purchase; and
    14. information Top of Mind may collect with your consent or as permitted or required by applicable law.
  3. Use of Information. Top of Mind and this Site and our third party service providers use personal information to: 
    1. provide and improve this Site, the Content, and the Services, provide the Services to you, fulfill your orders, selections, and instructions and process your payments, process, maintain, and service any user account you may have with us, process your registrations, verify the information you provide to us to ensure it is valid, and notify you of services that we think you will like;
    2. communicate with you regarding Content and Services you request and respond to your requests and enquiries;
    3. administer our billing databases and issue and collect accounts;
    4. provide you with material and information regarding Services and to inform you of offers and promotions;
    5. conduct background checks and professional assessments on you and your organization and verify information provided by you and other users;
    6. assess proposals and projects from you and other users and the ability of you and other users to perform services and complete projects;
    7. personalize your experiences with us, including remembering your interests and preferences, customizing Services, facilitating your interactions with third parties, tracking and categorize your activity and interests on this Site (including by identifying the different devices you use), and enriching your experience on this Site;
    8. develop and use our knowledge management systems that contain personal information about you;
    9. market and advertise to you, including sending you marketing and advertising communications and customizing the marketing and advertising that we show you;
    10. understand how you use this Site and how to improve this Site;
    11. manage and administer our business, including to protect you against error, operate and improve upon our business and lawful business activities, maintain our programs, accounts, and records, conduct research, determine your satisfaction with Services, and detect and prevent fraud or misuse of this Site and the Content and Services; 
    12. defend or protect us, you, or third parties (including other users) from harm or in legal proceedings, protect our rights, protect our security and the security of our users, employees, and property, respond to court orders, lawsuits, subpoenas, and government requests, address legal and regulatory compliance, and notify you of Service or safety issues; 
    13. compile and aggregate information collected by way of the Site; and
    14. take such actions and do such things as permitted or required by applicable law or for purposes for which you otherwise provide your consent. 
  4. Disclosure and Sharing of Information. Top of Mind may disclose the personal information we collect about you to third parties, including: (i) where we are required or authorized to do so by law or by order of a court of competent jurisdiction; (ii) where it is necessary to collect fees, for instance, to a financial institution or collection agent; (iii) to regulatory (including self-regulatory) or governmental authorities; (iv) where you have instructed us to disclose your personal information to a third party for a designated purpose; (v) where we reasonably believe a third party requesting your information is your agent; and (vi) where you consent or as permitted or required by law. Where applicable, we will take steps to require that such parties treat your personal information in accordance with this Privacy Policy and use and disclose it only for the purposes for which it was collected or otherwise in accordance with applicable law.
  5. Your Consent. Each of Top of Mind and this Site collect, use, and disclose your personal information with your consent or as permitted or required by applicable law. Your consent may be express or implied, depending on the circumstances and the sensitivity of the personal information in question. In most cases, your consent to the collection, use, and disclosure of personal information by Top of Mind may be implied by the fact that you have provided the information to access or use this Site or Content or Services or where the collection, use, and disclosure of personal information relates to the provision of Services by Top of Mind. By providing us with personal information to complete a transaction or verify your credit card, you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason (e.g. newsletter subscription or marketing messages), we will ask you directly for your expressed consent and provide you with an opportunity to withdraw your consent. If you provide personal information about another person to us, we assume you have the consent of that individual to enable us to collect, use, or disclose their information as described in this Privacy Policy. If you choose to provide personal information to Top of Mind, we assume that you consent to the collection, use, and disclosure of your personal information as outlined in this Privacy Policy. If you do not consent, please do not provide your personal information or, where applicable, please exercise the opt-in or opt-out options offered. Subject to legal and contractual requirements and reasonable notice, you may refuse to consent to our collection, use, and disclosure of your personal information, or you may withdraw your consent to our further collection, use, and disclosure of information about you, by contacting us via email at info@topofmind.work or via the Contact Us page of this Site. If you withdraw your consent to certain uses of your personal information, we may no longer be able to provide certain Services. There are instances where Top of Mind may collect, use, or disclose your personal information without your consent, including to collect a debt you owe to us, to comply with a subpoena or court order, or to comply with the rules of court regarding the production of records. 
  6. Your Choices and Access Requests. Top of Mind strives to offer you choices about how your personal information is used and shared. Your choices include:
    1. Social Media Platforms and Networks. We encourage you to review your privacy options and settings with the social media platforms and networks you use to understand what choices you have about sharing information from those platforms and networks with us or this Site. 
    2. Mobile Location Choices. You may choose not to provide your location to us in connection with your use of this Site by declining any prompt requesting location information, and by customizing your mobile device settings to prevent sharing of location information. 
    3. Access Requests. If you have registered for an account, we allow you to access and update certain personal information that you have provided to us by logging into your account and using the features and functionalities available there. You may also make a request for access to personal information by contacting us via email at info@topofmind.work or via the Contact Us page of this Site. We are not able to grant all access requests, and we may request additional information from you in order to verify your identity before accommodating an access request.
    1. Top of Mind understands that your privacy is important to you and is committed to being transparent about the technologies it uses. 
    1. Top of Mind uses cookies, web beacons, pixels, clear gifs, and other similar tracking technologies (“Cookies”), which may be stored on or accessed from your device when you use or visit this Site or any website or app that posts a link to this Site. A cookie is a small text file that can be stored on and accessed from your device when you visit this Site. Other tracking technologies work similarly to cookies and place small data files on your devices or monitor your website activity to enable Top of Mind to collect information about how you use this Site. The use of Cookies on this Site enables us to create a more customized experience for you. It allows this Site to recognize your device as distinct from those of other users. Login Cookies eliminate the need for you to re-enter your username and password each time you return to this Site. By continuing to access and use this Site, you agree that Top of Mind can store and access Cookies.
    2. You may refuse to accept Cookies by activating or adjusting the appropriate setting of your Internet browser to reject the setting of all or some Cookies or alert you when a Cookie is placed on your device. However, if you refuse to accept Cookies or use your browser settings to block all Cookies, you may be unable to access or use this Site or functionalities of this Site (in whole or part). If you want to remove previously stored Cookies, you can manually delete these Cookies at any time. However, this will not prevent this Site from placing further Cookies on your device unless you adjust your Internet browser setting so that it will refuse Cookies. Unless you have adjusted your browser setting so that it will refuse Cookies, this Site will issue Cookies when you direct your browser to this Site. The data collected by this Site or through Cookies that may be placed on your computer will not be kept for longer than is necessary to fulfil the purposes set out in these Terms of Use. 
    3. Top of Mind uses Cookies to, among other things, identify you and your interests, to remember your preferences, to enhance your user experience, for marketing purposes (including targeted ads), to track your use of this Site, for analytical purposes. Top of Mind also uses Cookies to control access to certain content on this Site, to protect this Site, to prevent spam and fraud, for compliance purposes, and to process any requests that you make of Top of Mind or other users. 
    4. To administer this Site and for research purposes, Top of Mind may also contract with third-party service providers to track and analyze statistical usage and volume information from the users of this Site. These third-party service providers may use persistent Cookies to help us improve the user experience on this Site, manage the Content and Your Content, and analyze how users navigate and utilize this Site. Top of Mind may contract with third-party service providers to send emails to users who have provided Top of Mind with their contact information. To help measure and improve the effectiveness of Top of Mind email communications, or to determine whether messages have been opened and links clicked on, the third-party service providers may place Cookies on the devices of these users. 
    5. Top of Mind may use persistent Cookies to improve your experience of using this Site. This includes recording your acceptance of our Cookie policy to remove the Cookie message which first appears when you use this Site. Session Cookies are temporary and deleted from your machine when your web browser closes. Top of Mind uses session Cookies to help us track Internet usage. 
    6. If you have any questions regarding this Cookie policy, please contact us via email at info@topofmind.work or via the Contact Us page of this Site.
    7. If you have any questions regarding this Cookie policy, please contact us via email at info@topofmind.work or via the Contact Us page of this Site.
  8. Security and Fraud. Top of Mind takes reasonable steps to help protect the confidentiality and security of personal information you share with us through this Site and has implemented reasonable physical, organizational, and technological security measures to safeguard the personal information in our custody or control. These include safeguards to protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. Authorized Top of Mind Members, agents, representatives, and authorized third parties have access to your personal information. You can generally visit Top of Mind website without providing any personal information. However, given that electronically submitted data is not one hundred percent (100%) secure, we make no warranties as to the security of any such personal information that you submit, which you do at your own risk. We encourage you to take steps to help protect the confidentiality and security of your account and personal information, including by doing the following: 
    1. if you have a user account, reviewing your account periodically and immediately reporting any unexpected activity or unrecognized information;
    2. installing the latest security updates and anti-virus software on your computer to help prevent malware and viruses;
    3. using strong and complex passwords (i.e. with a minimum of seven alphanumeric case-sensitive characters);
    4. not using the same password on more than one website;
    5. not sharing your password with others;
    6. password-protecting your computer and mobile device; and
    7. signing out or logging off of website sessions so that your session is closed, especially when using a public computer.

You may come in contact with websites, emails, or texts that try to lure you into providing personal information with an offer purporting to be from Top of Mind. Top of Mind does not sponsor or endorse these offers. If you become aware of any potentially fraudulent activity on a website or in an email or text, please forward the information to us via email at info@topofmind.work or via the Contact Us page of this Site so that we can follow up. 

Last updated: November, 2022