PRIVACY POLICY

Last Modified: July 5, 2020

The Next Path Software Consulting Inc. is a corporation formed pursuant to the Canada Business Corporations Act (R.S.C., 1985, c. C-44). Further to our terms of use (https://deadsimplechat.com/terms)(the "Terms"), this Privacy Policy sets out how we collect, store and use personal information and cookies. Unless otherwise indicated, any capitalized terms in this Privacy Policy have the same meaning attributed to them in our Terms.

By agreeing to our Terms or by using a chatroom embedded on a third party website, you consent to the collection and use of personal information in accordance with this Privacy Policy, which may update from time to time.

If you have questions about this Privacy Policy please contact our Privacy Officer by e-mail sent to compliance@deadsimplechat.com.

PART I: COLLECTION OF PERSONAL INFORMATION

The Personal Information of Other Individuals

To the extent you provide us with, or upload data that includes the personal information of another individual, you represent and warrant that you have that individual's consent to provide us with their information to use in accordance with this Privacy Policy and our Terms. If you do not have their consent, you agree not to upload or provide us, whether in a chatroom or otherwise, with any such personal information.

To establish an account with us, or to enter and use an online chatroom, we may collect the following personal information:

  • Full Name;
  • Username;
  • Billing Address
  • Email Address
  • Banking and/or credit card information if you become a paying subscriber;
  • IP address and location data, including geo-location data associated with your IP address;
  • Your chat logs for all chatrooms you participate in or may share personal information in;

  • Website statistics and analytics data regarding your use of our website and any individual chatrooms, wherever they are embedded;

  • Other types of raw data relating to how you interact with our website or a chatroom, for example, your browser information and session duration;

  • Profile photos (where you elect to upload them); and

  • All other information you voluntarily provide whether on our website, in a chatroom, in your communications with us or otherwise.

Social Media Account Login Providers

Where you elect to create an account using a social media account login provider, for example, using your Google account, you agree and acknowledge that they may provide us with certain profile and account information to establish your account.

Payment Processing

We may also collect credit card and payment information from you via a third-party payment processor. As of the last date this Privacy Policy was updated, we use Stripe, Inc., Stripe Payments Canada, Ltd. and their related entities (collectively " Stripe"), with their privacy policy available at https://stripe.com/en-ca/privacy

Although we may display their forms on our website, when you provide your payment details, you are providing them to Stripe. You acknowledge that Stripe may have their own agreements which apply to you. While we will not have access to your entire credit card number, we will be able to bill your credit card and may have access to certain card and payment details such as the name on your card, billing address and card expiration date. If you have questions regarding our payment processor, please contact us.

PART II: THE USE OF PERSONAL INFORMATION

We do not sell personal information to third-parties. However, we may use personal information to:

  • Facilitate the operation of the Dead Simple Chat App, including sharing or providing access to personal information to Third-Party Providers, see below for details;

  • Bill and collect money owed to us;

  • Verify your contact information, such as your email address or billing address;

  • Provide user support or to support and improve the Dead Simple Chat App or your use of a chatroom;

  • Communicate with you about your account or services we offer;

  • Send or display informational and promotional materials from us, our partners, advertisers or third parties to you. You may unsubscribe from such communications at any time;

  • Pursue available legal remedies to us and to prosecute or defend a court, arbitration or similar proceeding;

  • Block your usage of a chatroom, including by banning IP addresses associated with your account or your username from accessing a chatroom;

  • To meet legal requirements or seek legal advice from a lawyer in connection with your use of the Dead Simple Chat App or a chatroom; and

  • To enforce compliance with our Terms and applicable laws, rules and regulations.

  • For advertising and marketing Dead Simple Chat.

Our paying users may also download chat logs, conversation history and related metadata from chatrooms you participate in. Similarly, in using the Dead Simple Chat App, you acknowledge that while our Terms restrict the unlawful copying and sharing of personal information, we have no ability to preclude other chatroom users from copying and saving your chat history.

PART III: THE DISCLOSURE OF PERSONAL INFORMATION

Sharing Personal Information and Content if Required by Law

We may share personal information and any content collected, uploaded or provided to us if required by law, such as in response to a subpoena, court order or other legal process in any jurisdiction. If we are required by law to make any disclosure of your personal information or content, we may, but are not obligated to, provide you with written notice of such disclosure, if permitted by law.

Sharing Personal Information to Cooperate with Investigations and Law Enforcement

Absent a court order, subpoena or other legal requirement to disclose personal information or content in our possession or control, you agree that we may also share personal information and content you upload or which is associated with your account to cooperate with law enforcement authorities in the investigation of any criminal matter if we reasonably believe doing so is necessary or beneficial in protecting your safety, or the safety of any third-party.

Sharing Personal Information with Third-Party Providers

Our suppliers, partners, independent contractors (collectively " Third-Party Providers ") and/or employees, may have access to, or be shared personal information, including chatroom logs, to use in connection with one or more of the purposes for which the information was collected.

Our Third-Party Providers may have access to personal information in providing services to us, or providing you with access to the Dead Simple Chat App. We may use a variety of Third-Party Providers in order to host the Dead Simple Chat App and facilitate its ordinary use, including for example, hosting servers which store personal information.

As of the last revision date of this Privacy Policy, among others, we use the following Third-Party Providers who may have access to, or store your personal information and chat logs which may contain your personal information, by virtue of our use of their services:

  • Our email and data hosting providers include Google LLC together with their affiliated entities worldwide. For more information on their privacy practices please see https://policies.google.com/

  • Our application log provider is Datadog, Inc. and their affiliated entities worldwide. For more information on their privacy practices please see https://www.datadoghq.com/legal/privacy/

  • Our error monitoring software providers include:

We may also use Google LLC together with their affiliated entities worldwide, in order to use Google Analytics. For details, visit https://analytics.google.com/analytics/web/

We may update the above list of Third-Party Providers from time-to-time as the Dead Simple Chat App continues to evolve. Third-Party Providers may have their own agreements and privacy policies on the collection and use of personal information which either we or you provide them.

Your Personal Information May Not Be Stored in Canada

As we may have servers, Third-Party Providers, employees and other parties we share your personal information within locations both inside and outside of Canada, your personal information may become subject to foreign laws and foreign legal proceedings.

Sharing Personal Information if Our Business is Acquired

We may share personal information with our successors if our business or our Dead Simple Chat App are acquired by another legal entity. Disclosure in such circumstances is governed by the Personal Information Protection and Electronic Documents Act , SC 2000, c 5 in Canada.

Disclaimer and Warning About Sharing Personal Information Online

YOU ACKNOWLEDGE THAT WHEN SHARING PERSONAL INFORMATION ONLINE, THERE IS ALWAYS A RISK OF DATA BREACHES, INCLUDING DATA BREACHES IN WHICH THIRD PARTIES UNLAWFULLY ACCESS OUR SYSTEMS, OR THE SYSTEMS OF OUR THIRD-PARTY PROVIDERS, WHICH STORE PERSONAL INFORMATION.

WHILE WE TAKE MEASURES TO PROTECT PERSONAL INFORMATION, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, THIRD-PARTY PROVIDERS OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, INCLUDING BY WAY OF NEGLIGENCE, FOR THE LOSS OR THEFT OF YOUR PERSONAL INFORMATION OR ANY DAMAGES CAUSED AS A RESULT THEREOF, SO LONG AS WE WERE NOT DIRECTLY AND GROSSLY NEGLIGENT IN THE PROTECTION OF SAID INFORMATION.

Retention of Your Personal Information

We keep your personal information for as long as it is required for the purpose for which it was collected. There is no single retention period applicable to the various types of personal information collected. We have internal policies that may change from time to time on how long we maintain chatroom data.

PART IV: Our Use of Cookies

By using our Dead Simple Chat App, you consent to our use of cookies. This cookies policy explains what cookies are, how we use them and how Third-Party Providers may also use cookies on, or in connection with the Dead Simple Chat App.

What are Cookies?

Cookies are small text files sent to and automatically downloaded by your web browser (assuming you have cookies enabled) when you visit our website or use the Dead Simple Chat App. A cookie file is stored in your web browser and allows our website and Third-Party Providers we use to recognize you, track your activity across our and other websites and is usually used in conjunction with logging your IP address.

Cookies can be "persistent" or "session" cookies. Persistent cookies remain on your computer (in your browser files) or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser.

Can you block the use of Cookies?

Most web browsers allow you to disable the use of cookies. However, our website and Dead Simple Chat App or certain components of them may not operate properly.

Can you delete Cookies once downloaded?

Most web browsers also permit you to delete cookies. This is typically done via your web browser's settings, which vary depending on which web browser you use. For details on managing cookies settings using:

How we use Cookies

We use Cookies to provide Chat features and functionality to our customers and to Authenticate our customers when they try to login to chatroom

  • Remember choices or settings you have made on the website; or

  • Remembering your username.