Tressl General Information

Privacy Policy

IMPORTANT – READ CAREFULLY: CrossingsCloud Inc., sometimes doing business as Tressl (“Tressl”, “We”, “we”, “Us”, “us”, “Our” or “our”) is committed to protecting your privacy. This Privacy Policy applies to the collection, use, and disclosure of personal information, including personal information relating to your (“You”, “you”, “Your”, “your”, “user”, or “User”) use and enjoyment of the services offered by Tressl and the content provided by Tressl on or through the services (collectively, the “Platform”), and our website located at the domain name www.tressl.ca, the domain name app.tressl.ca, the domain name www.crossingscloud.com, or affiliated sites providing Tressl services (the www.tressl.ca website, the app.tressl.ca website, the www.crossingscloud.com website, together with all of the foregoing uses and services, to be hereinafter referred to as the “Site”), whether such personal information is collected through the Site, the Platform, or otherwise. The Platform facilitates the electronic exchange of information for the application, review and approval processes for ground disturbances, facility crossings, road use requests, permitting, and other applications (the “Services”). Tressl does not act as approver or applicant, and does not process or assess any applications submitted or exchanged via the Site or Platform, but provides the Platform and Site as a conduit to connect approvers and applicants for the purposes of the Services. This Privacy Policy shall in no way alter the obligations and liability that each of the Users have to one another, including any obligations or liability owed in connection with the care, completeness, accuracy, and diligence of their respective applications, materials, and other work product.

In the Privacy Policy, users that create an account or sign in as guests to use the Platform or the Site are may be referred to as "Users", or “you”, or "You". Users who subscribe to the Platform or the Site may be referred to as “subscribers”, but reference to “Users” herein shall include both Users who subscribe to and register an Account (as defined herein) through the Platform or the Site and Users who do not register through the Platform or the Site. This Privacy Policy applies to all Users of the Platform and Site and covers all interactions, including but not limited to use of the Services and customer/contributor relations inquiries as well as all Services that may be managed through other sites.

READ THIS LEGAL CONTRACT CAREFULLY BEFORE MAKING ANY USE OF THE SITE, THE PLATFORM, AND THE SERVICES OR ANY OF THEM. BY MAKING ANY USE OF THE SITE OR PLATFORM (INCLUDING REGISTERING FOR AN ACCOUNT) OR THE SERVICES, YOU AGREE AND CONSENT TO THE PRACTICES AND POLICIES DESCRIBED IN THIS PRIVACY POLICY, AND TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION (AS HEREINAFTER DEFINED) BY TRESSL IN ACCORDANCE WITH THE TERMS OF THIS PRIVACY POLICY.

You acknowledge and agree that your use of the Site and Services in connection with the Site is also subject to Tressl’s “Terms and Conditions of Use of Service”, which may be accessed at https://app.tressl.ca/legal/terms-of-service.html.
  1. COLLECTION OF PERSONAL INFORMATION
    1. Through the Site, Tressl collects information about identifiable individuals (“Personal Information”) relating to use of the Site, the Platform, and the Services by Users, which may include but may not be limited to the following information:
      1. contact information that you provide us in connection with creating and maintaining an account registered with Tressl to enable you to use features of the Site, the Platform, and the Services (an “Account”), including the e-mail address(es), name(s), address(es), and telephone number(s) of you, your organization, and/or your organization’s employees who use the Site, the Platform, and/or the Services;
      2. demographic information that you provide us in connection with creating your Account, which is not unique to you, such as your postal code, age, gender, preferences, interests and favourites;
      3. usage information, including the information created from your use of the Services, the Platform and the Site, including metadata generated from and location information regarding your use of the Site and log data recording when you have used the Site;
      4. information that you provide to us for the purpose of obtaining or receiving updates about new products, promotions and services, and/or obtaining or receiving notifications, including e-mail notifications;
      5. information relating to any purchases you make of content included on the Site, the Platform and/or the Services or any other transactions that you enter into through our Site or our Platform, including your name, address, telephone number, email address, and other contact information; and
      6. contact information and address information associated with social media and other Internet accounts that you provide to us, including web address, profile and related information associated with your social media and other Internet accounts.
    2. Tressl only collects such Personal Information as is reasonably necessary for Tressl to fulfill the purposes as set out in this Privacy Policy, including Personal Information that is relevant to the legitimate purposes of the Platform, the Site, and the Services, and to enable Tressl to provide the requested Services and content and do business with you.
    3. With respect to the Personal Information of any third parties that you may provide to Tressl in connection with your use of the Site, the Platform and/or the Services, you are responsible for ensuring that you have any such third party’s consent to the collection, use, and disclosure of their Personal Information in accordance with the terms of this Privacy Policy, and you hereby represent and warrant that you have such consent.
  2. USE OF PERSONAL INFORMATION
    1. Personal Information submitted to us, whether through the Site, the Platform, the Services, or otherwise, may be used by us for the purposes specified in this Privacy Policy or as specified on the relevant pages of the Site or the Platform or otherwise specified in connection with the Services, and you hereby consent to same. By registering to create an Account or registering to purchase content and/or Services by or through the Site and Platform, you consent to the use of your Personal Information as indicated in this Privacy Policy. You may correct, amend, update, or delete your Personal Information and change other privacy preferences at any time by signing into your Account. If at any time you decide to retract your consent to this Privacy Policy, you will no longer be able to make use of Tressl’s Site, Platform, or the Services until you reissue your consent.
    2. Tressl may use your Personal Information to (and you hereby consent to each of the following uses):
      1. provide, update, maintain, administer and operate the Site and Platform and deliver and enable your use of the Services in connection with your use of the Site and Platform, and process transactions related to the content and the Services, or personalize the Site, the Platform, and/or the Services;
      2. develop tools and features through the use of other information to assess trends in use, search functionality, and other features of the Site, the Platform, and Services;
      3. communicate with Users and contributors;
      4. set up Accounts, maintaining Accounts, and related activities;
      5. inform you of other products, promotions or services available from Tressl and its partners;
      6. deal with inquiries, complaints, submissions and feedback relating to the Site, the Platform, and/or the Services; and
      7. verify compliance with agreements between you and us, including the Terms and Conditions of Use of Service associated with the Site, the Platform, and the Services.
    3. Tressl provides the Site, the Services, and the Platform to connect applicant Users and approver Users, and Tressl does not review, assess, process, or approve applications. Tressl offers no representation, warranty, or guarantee that applications will be approved, or that applications are in the correct form for approval.
    4. You acknowledge and agree that we may engage other companies and individuals (“Third Party Service Providers”) to perform some or all of the Services on our behalf. These Third Party Service Providers may require or be provided with access to your Personal Information in order to perform the Services on our behalf. We make commercially reasonable efforts to ensure that all Third Party Service Providers acting on our behalf are obligated to provide a comparable level of protection for your Personal Information to the level of protection that we provide, including using your Personal Information only to the extent necessary to provide the Services on our behalf.
    5. Personal Information that we collect may be uploaded, moved, stored, processed in, backed up and/or transferred between any of the countries in which we operate or may operate in order to enable us to collect, use, and/or disclose the Personal Information in accordance with this Privacy Policy. You acknowledge and agree that your Personal Information may be uploaded, moved, stored, processed in, backed up and/or transferred in Tressl’s discretion in jurisdictions other than Canada, including the United States, and you consent to the same. You also acknowledge and agree that your Personal Information may be transmitted, uploaded, or moved across international borders in Tressl’s discretion, and you consent to the same.
    6. Tressl may use your email address to notify you about: Tressl-related news, products, offers, surveys or promotions; actions that have been performed on the Site or Platform including interactions with us through the Site or Platform; and/or notices about your Account or Services. You may opt out of receiving such information by: (i) logging into your Account and disabling certain communication options; or (ii) clicking the unsubscribe link at the bottom of any marketing email you receive from Tressl.
  3. DISCLOSURE OF PERSONAL INFORMATION
    1. Any Personal Information provided by you, or that is derived automatically by or through the Site, the Platform, and/or the Services, is not sold, rented, or shared by us with any third party without your consent, except in the circumstances described in this Privacy Policy. This Article 3 does not apply to the practices of third-party sites that we do not control or manage.
    2. We may disclose your Personal Information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors, to the extent that such disclosure is reasonably necessary for the purposes set out in this Privacy Policy.
    3. You acknowledge and agree that We may use and/or disclose your Personal Information, without notice, if legally permitted to do so according to the relevant provisions of the Canada Personal Information Protection and Electronic Documents Act, S.C. 2000, c.5 and the Personal Information Protection Act, S.A. 2003, c. P-6.5, and/or any other relevant privacy enactment (collectively, the “Privacy Acts”). The Privacy Acts may permit the use and/or disclosure of Personal Information without notice if, for example: (a) the Personal Information could be useful in the investigation of a contravention of the laws of Canada, a province or a foreign jurisdiction; (b) the Personal Information is used or disclosed for the purpose of acting in respect of an emergency that threatens the life, health or security of an individual; and (c) the Personal Information is disclosed to comply with the edicts of the law, or to comply with a subpoena or warrant issued or an order made by a court. In any event, Tressl may release personal information when it believes in good faith that such release is necessary to: (i) comply with any law, order, rule, or regulation; (ii) enforce or apply this Privacy Policy or the Terms and Conditions of Use of Service or any other policy of Tressl; (iii) protect the rights (including intellectual property rights), property, or safety of Tressl, its members, employees, contractors, or others; and (iv) to exchange information with other companies and organizations for fraud protection and credit risk reduction or where ordered to by a court.
    4. We may disclose your Personal Information:
      1. in the event that we sell or buy any business or assets, in which case we may disclose your Personal Information to the prospective seller or buyer of such business or assets or (subject to confidentiality restrictions) during the due diligence process, in accordance with applicable law; and
      2. if Tressl or substantially all of its assets are acquired by a third party, in which case Personal Information held by it about its customers will be one of the transferred assets, in accordance with applicable law.
    5. We may also disclose your Personal Information to one or more Third Party Service Providers who perform some or all of the Services on our behalf. Tressl does not collect, and does not wish to collect, payment or credit card information relating to your purchases of products and services through the Site or the Platform. One or more outside credit card processing companies may be used by Tressl to process transactions and bill you for the Services offered by Tressl. Payments for the purchase of Tressl’s Services are processed through Stripe, and Stripe is responsible for the collection, use and disclosure of your credit card information. For more information on Stripe’s security practices, please see https://stripe.com/en-ca/legal. We make every effort to ensure any company with which we may share Personal Information protects that Personal Information and data in a manner similar to this Privacy Policy and to limit the use of such Personal Information to the performance of the services being provided to Tressl.
  4. CONSENT, WITHDRAWAL, AND DATA PROTECTION RIGHTS
    1. You hereby consent to the collection, use, and disclosure of your Personal Information as set out in this Privacy Policy, and acknowledge and agree that your Personal Information may be used by us in accordance with this Privacy Policy.
    2. You may withdraw your consent to the collection, use, and disclosure of your Personal Information as set out in this Privacy Policy at any time. Withdrawal of your consent to the collection, use, and/or disclosure of your Personal Information as set out in this Privacy Policy may result in the Site, the Platform, and/or the Services or certain aspects of the Site, the Platform, and/or the Services being unavailable to you. If you withdraw your consent to the collection, use, and/or disclosure of your Personal Information as set out in this Privacy Policy, Tressl reserves the right to limit your access or prevent you from accessing the Site, the Platform, and/or the Services.
    3. Depending on your location and subject to applicable law, you may have additional rights with respect to your Personal Information, including:
      1. “Right to be forgotten” - the right to request that we erase your Personal Information in certain circumstances provided by applicable law;
      2. “Data portability” - the right to request that we send to another company, where technically feasible, your Personal Information; and
      3. the right to request that we restrict the processing of your Personal Information in certain circumstances; for example, if you contest the accuracy of the Personal Information while we are verifying the accuracy thereof.
      In order to exercise these rights, you may contact Tressl’s designated Privacy Officer at privacy@tressl.ca. We will comply with your request to the extent possible and as required by applicable law.
  5. INFORMATION YOU GIVE US OR PUBLICLY DISCLOSE
    1. In addition to the provisions that explicitly relate to the use, collection, and disclosure of your Personal Information in this Privacy Policy, you acknowledge and agree that we may collect and store information from your computer, mobile device or tablet (via your use of the Site, the Platform, and/or the Services), including Personal Information, to assist us in providing, maintaining and modifying the Site, the Platform, and/or the Services, and you consent to same. For example, we may use the information (including Personal Information) that you provide for such purposes as facilitating your use of the Site, the Platform, and/or the Services, responding to your requests, providing the Services (e.g., storage of data, results, and information and processing of applications), and in other ways in communicating with you.
    2. If you disclose Personal Information or personally sensitive data through any public area of the Site, the Platform, and/or the Services, that Personal Information may be collected, used, and/or disclosed by other users. The collection, use, and disclosure of Personal Information and personally sensitive data made available in this fashion cannot be controlled by Tressl, and Tressl accepts no responsibility or liability for the unauthorized collection, use, and/or disclosure of Personal Information and personally sensitive data that you make available in this fashion.
  6. AUTOMATICALLY GATHERED INFORMATION
    1. We receive and store certain types of computer information whenever you interact with our Site. Examples of the information that we may automatically receive and store may include the Internet protocol (IP) address used to connect your computer to the Internet; computer and connection information such as browser type and version, operating system, and platform; and the full Uniform Resource Locators (URL) click stream to, through, and from our Site, including date and time information relating to your visits. We may use IP addresses to analyze trends, administer the site, track user's movement, to determine what aspects of the Site, Services, and Platform are the most popular, advertise, and gather broad demographic information for aggregate use.
    2. Such automatically gathered information may be used by Tressl for the operation of the Services provided to you via the Site and/or the Platform, to maintain the quality of the Services provided through the Site and/or the Platform, and to provide Tressl with general statistics relating to use of the Site and the Platform.
  7. SECURITY AND RETENTION OF PERSONAL INFORMATION
    1. Tressl secures your Personal Information from unauthorized access, use and disclosure by third parties. You acknowledge and agree that We may, at our sole discretion, use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use, and disclosure. For example, Tressl may secure the Personal Information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When Personal Information is transmitted to other web sites or third parties for the purposes specified above, we may also, or in the alternative, protect it through the use of encryption, such as by way of the Secure Socket Layer (SSL) protocol.
    2. There are always risks associated with providing Personal Information and sensitive data, whether in person, by phone, mobile, or tablet device, via the Internet or via other technologies. In particular, you acknowledge that the transmission of information and data over the Internet is inherently insecure, and there are no security systems that are completely safe or fool-proof against hacking or tampering. Tressl endeavours to take commercially reasonable precautions to prevent and minimize such risks in connection with your use of the Site, the Platform, and the Services, but Tressl offers no (and hereby expressly disclaims any) guarantee, representation, warranty, or covenant of any kind with respect to the same.
    3. You are solely responsible for controlling access to your Account(s) associated with the Site and Platform and the Services available through the Site and Platform, and maintaining the confidentiality and security of your accounts and related password information. You are entirely responsible for all activities that occur on or through your Account(s), and Tressl shall not be responsible for any losses arising out of the unauthorized use of any of your Account(s) associated with the Site, the Platform, and the Services available through the Site and Platform.
    4. Personal Information is not kept by Tressl for any longer than is necessary for the purposes identified in this Privacy Policy. Personal Information that is no longer required to fulfil the purposes identified in this Privacy Policy will be destroyed, erased, or made anonymous. Without limiting the foregoing or the purposes for which Tressl may retain Personal Information, Tressl:
      1. will retain Personal Information relating to your Account(s) for legitimate business and legal purposes including all records related to access and use of the Services by Users;
      2. when possible, will restrict the retention of Personal Information to the shortest possible time period; and
      3. when possible, will restrict the retention of Personal Information to the shortest possible time period; and
  8. COOKIES
    1. A “cookie” is a small text file consisting of alphanumeric identifiers that is placed on your hard disk by a Web page server. The identifier is then sent back to the Web page server each time the browser requests a page from the Web page server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you.
    2. We may use cookies on the Site to recognise a computer when a user visits the Site, improve the usability of the Site, sign in to the Site and/or Services, analyse the use of the Site, administer the Site, and personalise the Site for use by you. We may also make use of cookies through the Site for traffic analysis, advertising, and anonymous demographic profiling.
    3. Cookies do not typically contain Personal Information, but Personal Information that we store about you may be linked to the information stored in and obtained from cookies.
    4. By using and browsing the Site, you consent to cookies being used in accordance with this Privacy Policy. If you do not consent, you must disable cookies or refrain from using the Site.
    5. If you do not wish to receive cookies, or want to be notified of when they are placed, you may set your web browser to do so, if your browser so permits. If you wish to delete cookies, you may set your web browser to do so, if your browser so permits. You acknowledge and agree that if cookies are turned off or deleted, you may not be able to view certain parts of the Site or use certain of the Services available through the Site or certain features or functionalities thereof.
    6. Third-party product or service providers who have access to the Site may also use cookies, but we have no control of the use of cookies by such third party product or service providers or any other third parties.
  9. THIRD PARTY PRIVACY POLICIES AND LINKS
    1. The Site and the Platform may include links to, and details of, third party web sites or Internet resources. Any links on the Site or Platform are provided for your convenience. Tressl does not endorse, approve of, verify, attest to, or offer any representation or warranty with Tressl to, the accuracy of the content of such web sites that are linked or Internet resources that are linked from the Site and the Platform. If you decide to leave the Site or the Platform and access these third-party sites, you do so at your own risk.
    2. When you click on one of those links you are contacting another web site or Internet resource that may collect information about you, including Personal Information, voluntarily or through cookies. The privacy policies of such third parties may not mirror those of Tressl, and you should review the privacy policies of web sites or Internet resources which you choose to access from the Site or the Platform, so that you understand how those web sites or Internet resources collect, use and share your information. Tressl has no control over other web sites or Internet resources or their policies regarding the collection, use, and disclosure of your Personal Information, and Tressl accepts no responsibility or liability for the privacy practices of third parties, including any unauthorized collection, use, or disclosure of your Personal Information through third party web sites or Internet resources.
  10. MISCELLANEOUS
    1. This Privacy Policy may be changed, removed, added to or otherwise modified by Tressl from time to time at Tressl’s sole discretion and without any prior notice or liability to you. The collection, use, and disclosure of Personal Information by Tressl will be governed by the version of this Privacy Policy in effect at that time. All new, amended, or otherwise modified terms take effect immediately. Your continued use of the Site subsequent to any modifications to this Privacy Policy signifies that you consent to the collection, use, and disclosure of your Personal Information in accordance with the modified Privacy Policy. You should bookmark this page and periodically review this Privacy Policy to ensure that you are familiar with the most current version of the Privacy Policy.
    2. As we continue to develop our business, we may sell or buy other businesses and/or their assets. In such transactions, customer information shall be treated as a transferred business asset. In the event that Tressl (or all, or substantially all, of its assets) were to be acquired by a third party, Tressl’s customer information will be considered a transferred business asset.
    3. Any modification of this Privacy Policy must be agreed to in a writing signed by an authorized representative of Tressl, and must specifically reference this Privacy Policy. Tressl may modify the terms of this Privacy Policy at any time.
    4. By accessing or using the Site, the Services, or the Platform, you acknowledge and agree that this Privacy Policy and all matters relating to your use of the Site shall be governed by and construed in accordance with the laws of the Province of Alberta (without regard to conflict of law principles). All actions and disputes arising from or relating to this Privacy Policy and all matters as to your access and use of the Site, the Platform, and the Services or other materials shall be heard and decided exclusively before the courts located within the Province of Alberta, Canada.
    5. If you are entering this Privacy Policy on behalf of a company, you represent and warrant that you have authority to do so.
    6. Any reference to “agree”, “agrees”, “represent”, “represents”, “acknowledge”, “acknowledges”, or any “acknowledgement” by you in this Privacy Policy, shall refer in all cases to your acceptance of and consent to the collection, use, and disclosure of Personal Information under this Privacy Policy through making use of the Site, the Platform, or the Services.
    7. Tressl welcomes your comments regarding this Privacy Policy. If you would like more information on this Privacy Policy or Tressl’s organizational privacy policies, or if believe that Tressl has not adhered to the terms of this Privacy Policy, please contact Tressl’s designated Privacy Officer at privacy@tressl.ca. We will use commercially reasonable efforts to promptly identify and remedy any failure by Tressl to adhere to the terms of this Privacy Policy.