Updated: September 2020

PRIVACY POLICY

Welcome!

Welcome to Heyday! We hope you will enjoy and appreciate using our “Services”, which may be visiting or using the website at https://www.heyday.ai or any subdomain thereof (the “Website”), downloading and using our Heyday application (the “App”), or interacting with our conversational AI platform (the “Chatbot”). We want you to know we take your privacy and protection of personal data very seriously. We are providing this Privacy Policy (the “Policy”) to tell you about who we are, what personal data we collect from you and about you, and what we do with your personal data, all while you use the Services or otherwise interact with us. The Policy also explains your rights under the law, and how you can contact us and the necessary authorities to enforce those rights. Please read it carefully.

Key Elements of this Policy

Here are the key elements of this Policy so you can know the important parts right away 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 get started with the details, 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. This includes: (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; and (3) the California Consumer Privacy Act (“CCPA”) which applies to our activities in the United States in certain circumstances. Heyday 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 and the CCPA, 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

 Heyday Technologies Inc. (“Heyday”) is a duly-incorporated company in the Province of Quebec, Canada. Where this Policy refers to “Heyday”, it may refer to Heyday Technologies Inc. and / or its shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns, depending on the context.

Under the GDPR, Heyday 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.

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 email:

 

Heyday Privacy Officer

privacy@heyday.ai

 

Here is the mailing address for you as well:

Heyday Privacy Officer

1400-4200 Boul. St-Laurent

Montréal, QC

Canada

H2W 2R2

    

Your Rights 

 You have the following rights regarding your personal data held by Heyday, 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 of the Services. Notwithstanding that, exercising certain of these rights may affect your ability to use some or all of the Services. 

 

  • The right to withdraw at any time your consent for Heyday to process your personal data;
  • The right to have your personal data erased from Heyday’s records;
  • 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;
  • The right to have your personal data corrected or updated if you believe it is inaccurate or out of date;
  • The right to know whether Heyday 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 Privacy Officer if you need additional information or clarifications;
  • The right to demand that Heyday 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 targeted at you by Heyday.

 

If you wish to exercise any of these rights, please contact our Privacy Officer at the contact information above. 

 

Personal Data Collected from You and What We Use It For

 

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 legal basis is your informed consent, and by submitting this personal data you acknowledge having granted this consent to Heyday.

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, we will no longer be able to provide certain Services to you. 

 

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

 Sometimes we get personal data about you from third parties. This table explains the details about this personal data – what it is, where it came from, what we do with it, and legal basis for us having and processing this personal data under the GDPR. Under PIPEDA, the legal basis is your informed consent.

Sensitive Personal Data

We do not collect any of what the GDPR considers sensitive personal data from you, unless you voluntarily submit it through the Chatbot, 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. Some of those third-party recipients may be based outside your home jurisdiction. If you are in the European Economic Area — 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.

 

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 Heyday’s terms or contract that governs your relationship with us; or (3) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Services infrastructure or the Internet in general (such as voluminous spamming or denial of service attacks). 

We may also share personal data: (1) to a parent company, subsidiaries, joint ventures, or other companies under common control with Heyday (in which case we will require such entities to honour this Policy); (2) if Heyday 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 your personal data to any third party for direct marketing purposes or any other purpose.

Tracking Technology (“Cookies” and Related Technologies) 

Heyday uses tracking technology (“cookies” and related technology such as tags, pixels and web beacons) in the Services and by interacting with the Services 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. 


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


  • to enable your signing-in to the Services;
  • for the proper functioning of the Chatbot in certain circumstances;
  • to provide general internal and user analytics and to conduct research to improve the content of the Services using analytics programs listed above in this Policy; 
  • to facilitate online advertising, as described more fully below in this Policy; and
  • to assist in identifying possible fraudulent activities.


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

 

 

Please note that deleting or blocking certain cookies may reduce your user experience by requiring you to re-enter certain information, including information required to use our Services. Furthermore, deleting certain cookies may prevent certain functions, or the entirety of the Services, from working at all. 

 

Email Communications and Compliance with Anti-Spam Laws

 

Heyday uses MailChimp to manage our mailing list and send out emails, and HubSpot for managing clients and potential clients and sending them emails (MailChimp and HubSpot, collectively the “Email Service Providers”). Personal data is transferred to the Email Service Providers in order for the emails to function properly. Your personal data is only used to send out emails properly; the Email Service Providers do not use this personal data for any other purpose, and will not transfer or sell your personal data to any other third party. For more information, please refer to MailChimp’s Privacy Policy and HubSpot’s Product Privacy Policy.

 

You may unsubscribe from Heyday’s mailing list at any time, by following the link at the bottom of all Heyday emails. Other types of emails, such as transactional, relational, and other emails related to the Services will not have an opt-out option as they are necessary for the use of the Services. 

 

Heyday’s practices in regards to its email are designed to be compliant with anti-spam laws, specifically the law unofficially called “CASL”, or Canada’s Anti-Spam Law (S.C. 2010, c. 23). If you believe you have received email in violation of these laws, please contact us using the contact information further up in this Policy.

 

Heyday Advertising and Opting Out

 

Heyday currently uses Google AdWords and Display Network and by using our Services you consent to this use. Specifically, Heyday uses the remarketing features of interest-based advertising of Google AdWords that delivers you advertisements that will be of particular interest to you, based on your browsing and activity history interacting with the Services. These advertisements will appear on third-party websites around the web. Google uses specific cookies to allow them to serve these ads around the web. You may prevent this type of advertising by deleting the appropriate Google cookie through your browser, though this may not be permanent. For a more permanent solution, you may opt out of such Google advertising by adjusting your Google ad settings or using the WebChoices online opt-out tool

 

Heyday also advertises using Facebook Custom Audience, to display advertisements to you on Facebook or in Facebook Messenger that will be of interest to you, and by using the Services you consent to this use. Facebook may collect or receive information from our Services and other applications and use that information to provide measurement services and targeted ads. If you do not want to receive such Facebook advertisements, you can opt-out of such advertising by adjusting your Ad Preferences settings while logged in to Facebook. 

 

Heyday also uses the following advertising services, and we have provided instructions about how you can opt out:

 

 

How the Application Accesses Your Device (“Permissions”)

 

The following is a complete listing and description of what functions on your device that were developed by third parties are accessed and / or modified by the Application. Unless otherwise specified, these permissions apply to both iOS devices and Android devices. Where noted, these will function with explicit user permission only. You acknowledge that denying explicit permission may affect or reduce your user experience with the Services.

 

  • Camera – Allows the Application to access to your camera to take photos and videos (user permission only)
  • Location - Allows the Application to access your current location (user permission only)
  • Photo/Media/Files –The Application may read, write, modify or delete contents related to the Application stored on your device (user permission only)
  • Notifications - The Application may send you notifications (user permission only)

 

Using Your Device’s Settings and Uninstall the Application

 

For the Application, you can access and change certain user settings from the settings menu on your device. You may also uninstall the Application; uninstall methods may vary depending on your device or iOS or Android version. Heyday has no control over these functions and denies any responsibility for your use thereof, and any data or personal data sent to third parties as a result of said activities.

 

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 unauthorized way.

 

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.

 

Heyday 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 operate the Services, and these third parties have been selected for their high standards of security, both electronic and physical. These third parties are limited to Amazon AWS

 

Finally, 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 Heyday’s valid SSL security certificate.

 

Transfer of Your Personal Data Outside of the European Economic Area (EEA)

 

For our European users, we endeavour to keep your personal data inside the EEA. However, certain of our data processors (and Heyday) 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. 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) participate in the Standard Contractual Clauses (SCCs); and (2) have signed agreements with us or have informed us that they are GDPR-compliant. 

 

That’s it! You have the right, however, to refuse to have your data transferred outside the EEA. 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.

 

Supervisory Authorities and Complaints

 

If you are in the EEA, 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 Privacy Officer, or if you would like to make a complaint directly about Heyday’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 Commission 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

 

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 account information for as long as you have an account with us and an additional 30 days for record-keeping purposes. 

 

Automated Decision-Making

 

Heyday uses certain automated decision-making processes, taking some of your personal data, to reply to your queries in the Chatbot. 

 

Children’s Privacy Statement

 

The Services are 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 Services, 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 in the Services if we make big changes. If you have a Heyday account, we will also email you to tell you the Policy has been updated, and what the important changes are.