1. Introduction
 

1.1. Purpose. This Privacy Policy ("Policy") establishes the terms and conditions under which DataSmart Inc. ("DataSmart," "we," "us," or "our") collects, uses, processes, stores, discloses, and protects personal and business data ("Client Data") provided by clients ("Client," "you," or "your") in connection with our data backup and restoration services ("Services").

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1.2. Acceptance. By accessing or utilizing our Services, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Policy.
 

2. Collection of Data
 

2.1. Personal and Business Data

2.1.1. Scope of Collection. We collect Client Data solely for the purpose of providing, maintaining, and improving the Services.

2.1.2. Types of Data. Client Data includes, without limitation, any files, documents, databases, or other digital information that you elect to back up or restore using our Services.
 

2.2. Website Data

2.2.1. Scope of Collection. We collect information regarding your interaction with our website ("Website Data"), which may include, but is not limited to, clicks, purchases, scroll activities, session durations, IP addresses, browser types, and other related analytics and metrics.
 

3. Use and Processing of Data
 

3.1. Personal and Business Data

3.1.1. Service Provision. Client Data is utilized exclusively for the purpose of providing the Services, including data backup, storage, replication, and restoration.

3.1.2. Encryption. All Client Data is encrypted at rest and in transit using industry-standard encryption protocols. Encryption is implemented with a client-defined password or encryption key generated by you during the initial setup of the environment.

3.1.3. Access Restrictions. DataSmart shall not access, view, or modify Client Data without your express prior written consent, except as necessary to comply with applicable laws or lawful governmental requests.

3.1.4. Restoration Process. In the event of a data restoration request, DataSmart may, with your express consent, access Client Data using the encryption key provided by you solely to facilitate the restoration process.

3.1.5. Data Replication. Client Data is replicated across a distributed network of servers to ensure high availability and data redundancy.
 

3.2. Website Data

3.2.1. Analytics and Improvement. Website Data is collected and processed for analyzing website performance, improving user experience, conducting market research, and facilitating transactions.

3.2.2. Third-Party Sharing. We may share Website Data with third-party service providers, partners, or affiliates who assist us in analytics, marketing, or other business operations.
 

4. Disclosure of Data
 

4.1. Personal and Business Data

4.1.1. Non-Disclosure Commitment. DataSmart shall not sell, rent, lease, or otherwise disclose Client Data to any third parties without your explicit consent, except as required by law, regulation, or valid legal process.
 

4.2. Website Data

4.2.1. Permitted Disclosures. We may disclose Website Data to third parties for the purposes outlined in Section 3.2, provided that such third parties are bound by confidentiality obligations consistent with this Policy.
 

5. Data Security and Protection
 

5.1. Security Measures.

5.1.1 DataSmart implements commercially reasonable administrative, technical, and physical safeguards to protect Client Data against unauthorized access, disclosure, alteration, or destruction.

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5.2. Limitations of Liability.

5.2.1 Notwithstanding the foregoing, DataSmart makes no representations or warranties regarding the absolute security of Client Data and shall not be held liable for any unauthorized access, breach, or loss of data resulting from actions of hackers, malicious actors, state actors, non-state actors, or other third parties beyond our reasonable control.
 

6. Modifications to the Privacy Policy
 

6.1. Right to Modify.

6.1.1DataSmart reserves the right, at its sole discretion, to modify, amend, or update this Policy at any time without prior notice.
 

6.2. Effective Date of Changes.
6.2.1Any such modifications shall become effective immediately upon posting the updated Policy on our website.
 

6.3. Continued Use.

6.3.1Your continued use of the Services after any modifications constitutes your acceptance of the revised Policy.
 

7. Resolution of Disputes
 

7.1. Mandatory Arbitration Agreement

7.1.1. Agreement to Arbitrate. Any dispute, controversy, or claim arising out of or relating to this Policy, including its existence, validity, interpretation, breach, or termination, shall be resolved exclusively by final and binding arbitration.
 

7.2. Arbitration Procedure

7.2.1. Governing Rules. The arbitration shall be conducted in accordance with the Arbitration Rules of the Canadian Arbitration Association in effect at the time of the arbitration, except as modified herein.

7.2.2. Location. The seat of arbitration shall be in the jurisdiction of Canada, specifically in the Province of [Insert Province].

7.2.3. Selection of Arbitrator. The arbitration shall be conducted before a single arbitrator selected solely by DataSmart.

7.2.4. Language. The language of the arbitration proceedings shall be English.
 

7.3. Waiver of Representation

7.3.1. No Legal Representation. You expressly waive any right to legal representation or counsel in any arbitration proceedings conducted pursuant to this Section 7.
 

7.4. Finality of Decision

7.4.1. Binding Award. The arbitrator's award shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction.
 

8. Limitation of Liability
 

8.1. No Liability for Unauthorized Access

8.1.1. Malicious Breaches. DataSmart shall not be liable for any loss or damage arising from unauthorized access to, alteration of, or deletion of Client Data due to breaches by hackers, malicious actors, state actors, or non-state actors.
 

8.2. Disclaimer of Warranties

8.2.1. "As Is" Basis. The Services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied.
 

9. Indemnification
 

9.1. Client's Obligations

9.1.1. Hold Harmless. You agree to indemnify, defend, and hold harmless DataSmart, its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services, or your violation of this Policy.
 

10. Governing Law and Jurisdiction
 

10.1. Applicable Law

10.1.1. Jurisdiction. This Policy shall be governed by and construed in accordance with the laws of the Province of [Insert Province], and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.
 

10.2. Jurisdiction for Non-Arbitrable Claims

10.2.1. Exclusive Jurisdiction. Subject to the arbitration provisions herein, you agree to submit to the exclusive jurisdiction of the courts located within the Province of [Insert Province], Canada, for the resolution of any disputes not subject to arbitration.
 

11. Severability
 

11.1. Invalid Provisions

11.1.1. Effect of Invalidity. If any provision of this Policy is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the Policy, and the remaining provisions shall remain in full force and effect.
 

12. Entire Agreement
 

12.1. Integration Clause

12.1.1. Complete Agreement. This Policy constitutes the entire agreement between you and DataSmart concerning the subject matter hereof and supersedes all prior or contemporaneous communications, agreements, and understandings, whether oral or written.
 

13. No Waiver
 

13.1. Rights and Remedies

13.1.1. Non-Waiver. No failure or delay by DataSmart in exercising any right, power, or privilege under this Policy shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise of any right, power, or privilege.


 

Schedules
 

Schedule A: Definitions
 

• "Client Data": All personal and business data provided by the Client for backup and restoration purposes, including files, documents, databases, or other digital information.

• "Website Data": Information collected from the Client's interaction with the DataSmart website, including clicks, purchases, scroll activities, session data, IP addresses, browser types, and analytics metrics.

• "Services": The data backup, storage, replication, and restoration services provided by DataSmart.

• "Encryption Key": A unique code generated by the Client during the initial setup, used to encrypt and decrypt Client Data.
  
   

Schedule B: Security Measures
 

• Encryption Protocols

  • Data at Rest: Utilizes Advanced Encryption Standard (AES) 256-bit encryption.

  • Data in Transit: Secured using Transport Layer Security (TLS) protocols.

• Distributed Server Architecture

  • Data Replication: Client Data is stored and replicated across multiple geographically dispersed data centers.

  • Availability: Ensures high availability, fault tolerance, and data redundancy.

• Access Controls

  • Authentication: Multi-factor authentication for all access points.

  • Authorization: Role-based access permissions.

  • Audits: Regular security audits and compliance checks.

• Monitoring and Detection

  • Network Monitoring: Continuous surveillance for suspicious activities.

  • Intrusion Detection Systems: Deployment of IDS to detect and prevent unauthorized access.

  • Vulnerability Assessments: Regular assessments to identify and mitigate potential security threats.
    
     

Schedule C: Arbitration Procedures
 

• Initiation of Arbitration

  • Notice Requirement: To initiate arbitration, the aggrieved party must provide written notice to the other party detailing the nature of the dispute and the relief sought.

• Selection of Arbitrator

  • Appointment: The arbitrator shall be appointed solely by DataSmart and shall possess expertise in the relevant subject matter.

• Arbitration Fees

  • Cost Sharing: Each party shall bear its own costs and expenses, and the fees and expenses of the arbitrator shall be shared equally.

• Confidentiality

  • Non-Disclosure: All arbitration proceedings, including documents and evidence, shall be confidential and not disclosed to third parties without mutual consent.
     

Schedule D: Data Breach Notification
 

• Notification Obligations

  • Timeliness: DataSmart shall notify the Client without undue delay upon becoming aware of a data breach affecting Client Data.
     

• Contents of Notification

  • Information Provided: The notification shall include the nature of the breach, affected data categories, approximate number of records affected, and measures taken or proposed to address the breach.
     

Schedule E: Third-Party Service Providers

• List of Third Parties

  • Availability: A current list of third-party service providers engaged by DataSmart can be provided upon request.

• Data Protection Obligations

  • Contractual Requirements: All third-party service providers are required to maintain confidentiality and data protection standards consistent with this Policy.