1.6 As used herein, the following terms shall have the following meanings:
- “Affiliate” means a corporation that controls, is controlled by, or is under common control with, CWI.
- “CaseWare Cloud Services” means those Cloud Services offered by CaseWare Cloud Ltd. (“CWC”) to its customers.
- “Cloud Services” means computing resources provided by way of the Internet and may include the provision of storage, software, platform, computing services or other resources.
- “Cloud Services Agreement” means an applicable agreement for the provision of CaseWare Cloud Services between a customer and CWC.
- “Desktop Program” or “Desktop Programs” means ” means computer software program or programs offered by CaseWare to Licensees for installation and execution on computing systems owned or operated by Licensee , and may include of one or more programs generally known as "CaseWare"®, "CaseWare Working Papers" ™, "Working Papers" ™, "AuditAgent"®, "CaseWare Connector"™, “Connector” ™, "CaseWare Financials" ™, “CaseWare IFRS Financials” ™, “CaseWare GAAP Financials” ™, "CaseWare Review" ™, “CaseWare Review and Compilation” ™, "CaseWare Audit"™, “CaseWare CPA Canada Engagement Templates”™, “CaseWare CGA Audit Templates”™, “CaseWare Audit International” ™ ,”CaseWare Audit US” ™, ”CaseWare SSARS 21” ™, “CaseWare Audit System” ™, “CaseWare GoBetween” ™, “CaseWare Open Engagement”®, “CaseWare OpenEngagement” ™, “CaseWare SDK”, “CaseWare COM”, "CaseWare Time" ™, "Practice Administration" ™, "CaseWare Time and Billing"™, "TimeAgent" ™, "CaseWare Today" ™, "CaseWare XBRL Benchmarking" ™, “CaseWare Scenarios” ™, “CaseWare Not For Profit” ™, “CaseWare GASB” ™, “CaseWare CAFR” ™, “BizSuite” ™ , “CaseWare IDEA”™, “IDEA” ®, “IDEA Server”™, “IDEA Smart Analyzer – Financial” ™, “IDEA Advanced Statistical Methods” ™, “IDEA Smart Analyzer – Tax” ™, “IDEA DART” ™, “CaseWare Monitor” ™, “CaseWare QuickVid” ™, “CaseWare Quick Upload” ™, and “CaseWare Cloud” ™.
- “Licensee” means a party who has entered into a valid license agreement for a Desktop Program with one of CWI or its Affiliates and who has authorized you to use and access the Desktop Program.
- “Personal Information” means information about an identifiable individual, and may include information such as a person’s name, email address, residential address, telephone number, bank account details, credit scores and payment card information.
- “Registrant Data” means any content, information, and data, including any Personal Information, provided or input as part of licensing or registering to use a Desktop Program.
- “Website” means www.caseware.com, and includes all related webpages, and all related websites operated by Affiliates, but does not include any third-party websites which are linked to or may link from the Website whether or not such third-party websites are used in connection with but does not include the access or use of the CaseWare Cloud Services themselves.
1.7 CWI has the following Affiliates:
- CaseWare Cloud Ltd.
- CaseWare Europe Limited
- CaseWare International Inc.
- CaseWare LatinoAmerica, S.R.L.
- CaseWare Asia Ptd. Ltd.
- CaseWare IDEA Inc.
- CaseWare IDEA B.V.
- CaseWare Software Holding Limited
- CaseWare UK Limited
- CaseWare RCM Inc.
- CaseWare Beijing Limited
- CaseWare Hong Kong Limited
- CaseWare Greater China Pte Ltd.
2.0 Questions or Complaints?
CaseWare Cloud Ltd.
1 Toronto St, Suite 1400
Toronto ON M5C 2V6
Telephone: (416) 867-9504
Fax: (416) 867-1906
3.1 In accessing the CaseWare Website or using the Desktop Programs you may provide CaseWare with, and CaseWare may collect, Personal Information such as:
- last name, first name, address and date of birth;
- communication data (e.g. telephone number, email, IP addresses, mac addresses);
- contract master data;
- billing and payment data;
- IT usage data (e.g. user ID, passwords, roles, geolocation data, website usage, cookie related data, tracking and analytics data);
- bank data (e.g. bank account details and credit card number);
- and credit rating data (e.g. payment behavior and balance sheets).
3.2 CaseWare may also collect Personal Information about you from other sources including third parties from whom we have purchased business contact information and from publicly accessible websites, such as your company’s website, professional network services, or press releases.
3.3 CaseWare may, at its option, combine Personal Information you have provided to CaseWare with data collected from other sources as described above. CaseWare may process this data to update, expand, and analyze our existing marketing records; identify new customers; and send marketing emails, as permitted by law.
Head of Technology Operations & Security
5.0 Legal Bases
Consent: In some cases, CaseWare will ask you for your consent to process your personal data, such as when we need your consent for marketing purposes. You can withdraw your consent at any time, which will not affect the lawfulness of the processing before your consent was withdrawn. If you would like to withdraw your consent, you can do so by emailing email@example.com.
Legitimate Interest: CaseWare processes certain data for the legitimate interests of CWC, its Affiliates, partners, or customers. These legitimate interests include, for example, contacting you to provide support or sending you marketing information (subject to applicable law); detecting, preventing, and investigating illegal activities and potential security issues; providing the CaseWare Desktop Programs; and maintaining and improving the Website and the Desktop Programs. CaseWare will rely on our legitimate interests for processing Personal Information only after balancing our interests and rights against the impact of the processing on individuals.
Performance of a Contract: CaseWare processes Personal Information in order to provide the Desktop Programs, and to perform our obligations under an agreement with you or a Licensee.
Other Legal Bases: In some cases, we may have a legal obligation to process your personal data, such as in response to an order of court of law or regulatory authority. We also may need to process your Personal Information to protect vital interests, or to exercise, establish, or defend legal claims.
5.2 CaseWare collects Personal Information directly from you and only obtains Personal Information from other organizations (e.g., your bank or other third-party service providers) when you provide CaseWare with account numbers, passwords or other credentials required to retrieve the Personal Information and for the purpose of providing you with the Desktop Programs.
5.3 You can opt out of any e-mail communication sent by CaseWare. CaseWare’s e-mails will contain clear and obvious instructions describing how you can be removed from any mailing list. CaseWare will remove you at your request within a reasonable amount of time.
6.0 Identifying Purposes
6.1 CaseWare collects, uses and discloses Personal Information only for the purposes of providing and improving CaseWare Desktop Programs, and in improving the Website and CaseWare Cloud Services, and for such other ancillary purposes consented to by you as set out herein or as required by law.
7.0 Limiting Collection
7.1 Use of CaseWare Desktop Programs may require you to provide Registrant Data, which may include Personal Information.
7.2 CaseWare may collect Personal Information directly from you when you:
- register to use a Desktop Program;
- contact CaseWare for support; and
- visit CaseWare’s Website, or input data into the Website.
7.3 CaseWare also uses common information-gathering technologies for indirectly collecting usage data, including cookies, web beacons and similar technologies to automatically collect information that may contain Personal Information from your computing or mobile device as you navigate the Website. CaseWare may gather certain information automatically in connection with the use of the Website by individual users. This information may include IP address (or proxy server), device and application identification numbers, location, browser type, Internet service provider and/or mobile carrier, the pages and files viewed, searches, operating system and system configuration information and date/time stamps associated with your usage.
7.5 When visiting the Website, CaseWare or an authorized third party may place a cookie on your browser and/or device, which collects information, including Personal Information, about your online activities over time and across different sites. Cookies allow CWC to track usage, determine browsing preferences and improve and customize the Website experience and CaseWare Cloud Services or Desktop Programs.
7.7 Additionally web beacons may be used on the Website and in email communications. For example, CaseWare may place web beacons in marketing emails that notify CaseWare when a link in an email directs you to one of our websites. Such technologies are used to operate and improve our Website and email communications.
7.8 You can always choose not to provide Personal Information to CaseWare, but it may mean that CaseWare is unable to provide you with CaseWare Desktop Programs, or access to the Website.
8.0 Limiting Use, Disclosure and Retention of Personal Information
8.1 CaseWare collects, uses and discloses information (which may include Personal Information) for the following purposes:
- To verify your identity.
- To provide you with the CaseWare Desktop Programs. CaseWare may collect contact, billing or credit information including phone numbers, email addresses and physical addresses. CaseWare Cloud Services may, for example, require data related to you in order to provide CaseWare Desktop Programs, or to promote or offer you products, services and offers (including new and other Services which are offered by CaseWare) that may be relevant to you. Collected Personal Information may also be used to review compliance with applicable Desktop Program license agreements.
- To contact you for the purposes of product information, service updates, or notifications relating to the CaseWare Desktop Programs. In particular, CaseWare requires you to give us necessary contact information such as name and email address. We also ask for unique identifiers (log-in password names). CaseWare uses such contact information to send information about CaseWare’s products and services.
- To monitor and/or improve system usage, server and software performance. CaseWare may use Personal Information such as login information and IP addresses of computers which access the Website to help identify you and to gather broad demographic information.
- To assist you with technical support issues.
- To comply with any laws, regulations, court orders, subpoenas or other legal process or investigation and to protect CaseWare and other individuals from harm.
- To improve and enhance CaseWare service offerings. CaseWare may use Personal Information provided by its users in an anonymous, and/or aggregated fashion to improve or enhance its Desktop Programs, Cloud Services and other service offerings. For example, the Personal Information may be used to analyze overall trends, to help us provide and improve our Website and CaseWare Cloud Services and to guarantee their security and continued proper functioning, to provide necessary functionality, to assess and improve Customer and user experience of the CaseWare Cloud Services, to identify future opportunities for development of the CaseWare Cloud Services, or to identify customer opportunities.
8.3 It is your responsibility to keep your password or other forms of authentication to the Desktop Programs safe. You agree to notify CWC as soon as possible if you become aware of any misuse of your password, and immediately change your password within the Desktop Programs.
9.2 You are responsible for ensuring that the information you have provided is truthful, accurate, reliable and complete, and does not infringe the rights of others.
9.4 CaseWare may at its own discretion, retain or delete any Registrant Data or Personal Information provided by you. CaseWare may retain and use your Personal Information as necessary to comply with CaseWare’s legal obligations, resolve disputes, and enforce agreements with CaseWare.
10.0 Where Your Personal Information is Stored
10.1 CaseWare uses third party data hosting providers (e.g. Amazon Web Services) to store your Personal Information on servers located throughout the world. A complete list of third party hosting providers may be found on https://www.casewarecloud.com/security.html#security.
10.2 By providing Personal Information you consent to that Personal Information being hosted on servers in Canada. CaseWare has taken reasonable measure to ensure that unauthorized access the data, and will use the necessary level of protection for, Personal Information.
11.1 CaseWare is committed to protecting the security of your Personal Information and we take all reasonable precautions to protect it from unauthorized access, modification and disclosure. CaseWare uses technical and organizational measures that provide a level of security appropriate to the risk of processing your Personal Information. For example, your Personal Information is stored on secure servers that are encrypted.
11.2 However, the Internet is not in itself a secure environment and CaseWare cannot give an absolute assurance that your Personal Information will be secure at all times. Transmission of Personal Information over the Internet is at your own risk and you should only enter, or instruct the entering of, Personal Information to the CaseWare Website or Desktop Programs within a secure environment.
11.3 CaseWare will advise you at the first reasonable opportunity, and as required by law, upon discovering or being advised of an incident where your Personal Information is lost, stolen, accessed, used, disclosed, copied, modified or disposed of by unauthorized persons or in an unauthorized manner.
12.0 Individual Access
Upon request, CWC will provide you with a list of the third-party service providers used to host your Personal Information, and the countries in which our servers are located.
14.0 Challenging Compliance
Head of Technology Operations & Security