Introduction, Definitions, Modifications and Acceptance

Welcome to the Sofdesk Websites. We are confident that you will find our Services useful. This Privacy Policy (the "Policy") covers several different Websites, Services, and situations, so please refer to the following definitions for clarification:

"Device" refers to the handheld or tablet device through which you may be accessing and using the Services through a mobile version of a Website.

"Project" refers to the installation of solar panels on a Property by a Solar Installer (a "Solar Project") or installation, repair or maintenance of roofing materials or gutters by a Roofer (a "Roofing Project"). Project also includes the plans for the Project, as created through the Services by a Solar Installer or Roofer.

"Property" refers to a residential or commercial property where solar panels may be installed, or roofing materials or gutters may be installed, repaired or maintained as part of a Project.

"Quote" refers to an estimate for completion of a Project created by a Solar Installer or Roofer and potentially delivered to a Property Owner.

  • "Draw My Roof Services" allows a Property Owner to use a software tool to estimate the energy savings that may be incurred by installing solar panels on their Property, and receive Quotes from Solar Installers to complete the Solar Project.
  • "My Solar Installer Services" allows a Property Owner to enter information about their Property in order to receive Quotes from Solar Installers for a Solar Project.
  • "Roofer World Services" allows a Property Owner to enter information about their Property in order to receive Quotes from Roofers for a Roofing Project.
  • "Roofgraf Services" refers to the software services created by Sofdesk that allows Roofers to purchase Leads and create Quotes for Roofing Projects, and related functions.
  • "Solargraf Services" refers to the software services created by Sofdesk that allows Solar Installers to purchase Leads and create Quotes for Solar Projects, and related functions.

"Sofdesk" refers Sofdesk Inc., a duly incorporated company in the Province of Quebec, Canada. Where the present Policy refers to "Sofdesk", it may refer to Sofdesk and / or its affiliates, subsidiaries, employees, officers, directors, subcontractors, agents, partners or representatives, depending on the context. Any reference to "we", "our", or "us" in this Policy shall also refer to Sofdesk Inc.

"Subscription" refers to the purchase of access to the use of certain of the Services for a pre-determined period of time, as more fully described in the Terms of Use.

"Users" refers to anyone using any of the Services. In this Policy, a Website visitor or Services User may also be referred to as "you". When a Services User has created an account and is logged in, they may be referred to as a "Logged-in User". Where a Subscription to Services allows for multiple Users, additional Users may be referred to as "Authorised Users" (and in such case the User who created the account may be referred to as the "Primary User"). The Services include the following types of Users:

  • "Property Owner" refers to the owner of a Property who may be using certain of the Services to receive Quotes for Projects.
  • "Roofers" refers to local contractors who are using the Services in various capacities relating to Roofing Projects.
  • "Solar Ambassadors" refers to Users who have signed up to participate in the Draw My Roof Refer a Friend program.
  • "Solar Installers" refers to local contractors who are using the Services in various capacities relating to Solar Projects.

In addition to the above-mentioned Users, there may be other individuals or entitles who interact with the Websites or Services. These include "Distributors" of solar installation kits or other materials, "Financial Institutions" which may provide financing for Projects, and "Utilities" who may be involved in the solar industry.

"Websites" refers to all of the Websites which are owned and operated by Sofdesk, and includes all their respective subdomains, present and future. Websites refers equally to desktop or mobile versions. The present Policy overs your visiting or use of any and all of the Websites. The Websites are currently limited to the following:

Additional definitions shall be made throughout this Policy, but they will be recognizable as they will be capitalized, bolded, and in quotation marks. Additional definitions may also be found in the Terms of Use, and will have the same meaning in this Policy as they do there. The definitions found in this Policy shall also apply to the Terms of Use.

By visiting any of the Websites and / or using any of the Services, by clicking or tapping the acceptance button upon signing up for an account, or by registering for an account, you agree to be bound by the terms of the Policy. By submitting Personal Information to us on a Website, through the Services or via other means, you consent to Sofdesk’s collection, use and disclosure of such Personal Information (as that term is defined hereinbelow) in accordance with this Policy (as amended from time to time) and as permitted or required by law. If you do not agree to all the provisions contained in the Policy, you are not authorized to use the Services. If you are an individual using the Services on behalf of a corporation or other registered organization ("Legal Entity"), you represent and warrant that you have the capacity and authority to accept the Policy on behalf of the Legal Entity, and hereby agree to the collection, use, and disclosure of Personal Information on behalf of that Legal Entity.

Sofdesk reserves the right, at any time and without prior notice, to modify or replace any of the Policy. Any changes to the Policy can be found at this URL. It is your responsibility to check the Policy periodically for changes. Your use of the Services following the posting of any changes to the Policy constitutes acceptance of those changes. If there are any significant changes to the Policy that materially affect the way we treat your information, we will use commercially reasonable efforts to notify you by sending a notice to the primary email address specified in your account, or by posting a prominent notice when you log in to your account for the first time following those changes.

The Policy should be read in conjunction with the Terms of Use, as both these documents govern your use of the Services.

If you have any questions about the Policy or if you wish to inquire about and / or access any Personal Information Sofdesk holds about you, please contact:

Sofdesk Legal
legal@sofdesk.com

or:

Sofdesk Legal
642 De Courcelle St., PH4
Montreal, QC
Canada
H4C ‎3C5

General Statement of Privacy and Protection of Personal Information

Sofdesk takes your privacy and security of Personal Information very seriously. We have provided and will continue to provide a secure environment and this strict Policy that describes the limited ways the information is used and the limited access to such information.

What Does This Privacy Policy Cover?

This Policy covers the treatment of personally-identifiable information, i.e. any information that identifies an individual or Legal Entity, or can be used in conjunction with other information to identify an individual or Legal Entity ("Personal Information") and other information gathered by Sofdesk when you are visiting the Websites and / or using the Services. This Policy also covers Sofdesk’s treatment of any Personal Information that Sofdesk may share with its business partners or other third parties under very limited circumstances.

This Policy does not apply to the general practices and treatment of information (whether Personal or not) by third parties that Sofdesk does not own or control, including but not limited to any third-party websites or services that you elect to access through the Services or via a link from the Services ("Third-Party Websites"), or to individuals that Sofdesk does not manage or employ. While we attempt to facilitate access or link only to those Third-Party Websites that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third-Party Websites. We encourage you to carefully review the privacy policies of any Third-Party Websites you access. We have named and provided links to the most important of these Third-Party Websites elsewhere in this Policy.

Finally, this Policy does not cover any Personal Information you send to Sofdesk via any non-secured, non-encrypted mode of communications such as email, instant messenger or other messaging service, or Twitter or any other social media, as communications via these methods may be subject to interception, loss, or alteration. While we welcome your comments and suggestions sent to us in this manner, we encourage you to carefully examine what Personal Information you send to Sofdesk via these methods.

No Collection of Personal Information as a Matter of Course

Sofdesk does not, as a matter of course, gather any of your Personal Information while you visit the Websites or are using the Services, unless you are asked to provide such information, for example by signing up for an account or submitting information about your Property in order to receive a Quote. Personal Information is only gathered with your informed consent. Where you have provided Personal Information, it will only be used for the stated purpose, as detailed more specifically in the next section.

Personal Information Collected and Its Uses

The following is an exhaustive list of Personal Information collected from you when you use the Services and what we use it for. You acknowledge and agree that you are submitting this Personal Information with your informed consent.

  • "Contact Information": If you are a Financial Institution, Utility or any other company or an individual filling out a contact form on one of the Websites, you may be asked for Contact Information including your name, company name (if applicable), address, phone number, and email address. We only use this Contact Information to respond to your inquiry or request, and if you are a Financial Institution or Utility, to research your company to determine your eligibility to participate in the Services.

  • "Quote Information": If you are a Property Owner seeking a Quote for a Solar or Roofing Project, you will be asked for your full name, your email address, your phone number, and the address of your Property. This Quote Information will be transferred to other Services Users (specifically Solar Installers or Roofers as applicable) so that they may contact you and submit a Quote. If you submit Quote Information, you consent to the transfer of your Personal Information to these third parties. If you are using the Draw My Roof Services, your Property address will also be used to facilitate using the Services.

  • "Account Information": As specified in the Terms of Use, Users of the certain of the Services will be required to create an account and enter the following Personal Information in order to use the Services, which varies depending on which of the Services is to be used:
    • To create a Solargraf or Roofgraf account, you will be required to enter your first and last names, your email address, phone number, company name and company address. You will also be asked for your credit card information as described in the next sub-section of this Policy entitled "Billing Information".

    • To create a Draw My Roof Refer a Friend account, you will be asked for your first and last names, email address, address and phone number. You may also create an account using valid Facebook login credentials.

  • This Account Information is used to manage your account, to verify your credentials for logging-in to the Services, to communicate with you information about your account, to communicate with you information about the Services, and to verify your eligibility to become a Services User in certain circumstances.

  • "Billing Information". If you are Solar Installer or Roofer paying Fees for your Subscription or addition credits, Leads, or other options, you will be required to enter the following information in order to pay the Fees: your credit card number, credit card expiry date, name on the credit card, and security (CVC) number. Billing Information is only used to process the credit card transaction for your payment of Fees, and to facilitate repeat payments. For more details on the treatment of your Billing Information, please see the Secured Payments section further below in this Policy.

  • "Solar Ambassador Information": If you have signed up for a Draw My Roof Refer a Friend account as a Solar Ambassador, you will be asked for the email address associated with your PayPal account, in order that we may pay you the Finder’s Fees that are due to you, as more fully explained in the Terms of Use. Furthermore, when you submit Personal Information of third parties, specifically Referred Friends, you represent and warrant that you have their informed consent to submit their Personal Information (in the form of their full name, email address, and optional phone number) so that we might invite them to use the Draw My Roof Services.

In addition to the functions and uses just described, Sofdesk may also use your Personal Information you have submitted in order to:

  • Conduct user surveys, and research and analysis about your use of, or interest in, our products and services;
  • Communicate with you about Sofdesk and third-party products and services. For more information about use of your email address, please refer to the "Email Communications" section further in this Policy;
  • Perform general User support; and
  • Perform any functions as otherwise explicitly described to you at the time of your submission of your Personal Information.

Security of Information

Sofdesk uses only industry best practices (physical, electronic and procedural) in keeping any data collected (including Personal Information) secure. In addition, Sofdesk uses 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. For example, Sofdesk uses Amazon Web Services, a recognized leader in secure data, for hosting of the Websites and Services, and storage of User data including Personal Information. Please note that these third parties may not be located in your home jurisdiction – please see the "Transfer of Personal Information Outside Your Home Jurisdiction" section further in this Policy for more information.

Non-disclosure of Personal Information to Third Parties

Except as provided in the next paragraph and specified elsewhere in this Policy, Sofdesk does not divulge any Personal Information gathered via the Services to third parties. Moreover, Sofdesk does not sell, rent, trade or license any Personal Information regarding its Websites’ visitors or Users to third parties. Only the employees, representatives, subcontractors, officers, agents, or assigns of Sofdesk are responsible for the management and development of the Websites and Services, and only these individuals have access to the information collected there. These employees, representatives, subcontractors, officers, agents or assigns all have been instructed to comply with the Policy, and are under contractual obligations of non-disclosure.

Notwithstanding anything in the Policy to the contrary, we may share any information we have collected about you or that you have submitted (whether Personal Information or not): (1) in response to subpoenas, court orders, or legal process, or to establish, protect, or exercise our legal rights or defend against legal claims or demands; (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 the Terms of Use; (3) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Websites or Services infrastructure or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of the Websites or Services infrastructure or the Websites or Services generally); (4) to a parent company, subsidiaries, joint ventures, or other companies under common control with Sofdesk (in which case we will require such entities to honour this Policy); (5) if Sofdesk merges with another entity, is subject to a corporate reorganization, or 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).

Transfer of Personal Information to Third-Party Services

Sofdesk uses certain "Third-Party Services" in order to augment the functionalities of the Websites and Services. When you submit Personal Information to us for the use of these functionalities you acknowledge and agree to the transfer of Personal Information to these Third-Party Services. The Third-Party Services used and the information sent to them and the purposes for their use are:

  • Where you have chosen to create an account and / or log in to certain of the Services using your Facebook or other social media account ("Social Media Service"), or choose to share Website or Services content through any Social Media Service, we may transfer Personal Information to the Social Media Service in the form of your login credentials if you are not already logged-in to the Social Media Service on the computer or Device being used. Your Personal Information is transferred securely and only used in order to log in and to verify your identity for the purposes of creating an account, logging in to your account, or sharing content.
  • Where you are using the Services as a Property Owner to determine if you qualify for financing of a Project from a Financial Institution, your Personal Information is transferred to that Financial Institution (via an API) in order to determine if you pre-qualify for financing.
  • Sofdesk uses the Twilio for sending out of communications via SMS. Personal Information (your mobile number) is transferred to Twilio, but only for the purposes of sending out communications.
  • Sofdesk uses Google Maps and other mapping and address services to help pinpoint your address when using the Services but no Personal Information is sent to these Third-Party Services, with the exception of your location, to the extent this is considered Personal Information.

Email Communications and Compliance with Anti-Spam Laws

Sofdesk currently uses mailgun and other "Email Providers" to manage our mailing list and to send out emails. Personal Information is transferred to the Email Providers in order for the mailing list and email to function properly. Your Personal Information is only used for the proper sending out of email; the Email Providers do not use this Personal Information for any other purpose, and will not transfer or sell your Personal Information to any other third party. You may unsubscribe from receiving commercial or promotional emails from us at any time by following the link at the bottom of any email sent to you. Other types of emails, such as transactional, relational, and other emails related to the Services you are using will not have an opt-out option as they are necessary for the use of the Services. If you prefer not to have us share your email with selected third-party providers of goods and services that may be of interest to you, you can notify us at any time by emailing us at hello@solargraf.com

Sofdesk’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) and the American CAN-SPAM Act. If you believe you have received email in violation of these laws, please contact us using the contact information further up in this Policy.

Secured Payments

Sofdesk currently uses the "Third-Party Payment Processors" Elavon and Authorize.net for processing of secured payments of Fees for purchases of Subscriptions and other purchases in the Services. When you make a payment of Fees through the Services, your Billing Information is transferred securely via SSL from the Services to the Third-Party Payment Processor being used. No Billing Information is ever stored on servers controlled by Sofdesk. The Third-Party Payment Processors have our permission to store, on behalf of Sofdesk, the data pertaining to the executed transactions by Users (including all Billing Information) with the goal of ensuring a secure method of payment and proof of purchase archive, allowing for the protection of Users, and for follow-up as needed. This data may be used for validation and registration purposes of Users, and to trace any fraudulent activities if necessary.

Limited Gathering of Information for Statistical, Analytical and Security Purposes

Sofdesk may automatically collect certain information using third-party analytics programs such as Google Analytics, to help us understand how our Users use the Services, but none of this information identifies you personally. For example, each time you visit the Websites or use the Services, we automatically collect (as applicable) your IP address, browser and computer or Device type, access times, the web page from which you came, the web page(s) or content you access, and other related information. We use information collected in this manner only to better understand your needs and the needs of the Websites and Services Users in the aggregate. Sofdesk also makes use of information gathered for statistical purposes to keep track of the number of visits to the Websites, the specific pages on the Websites, and Users of the Services with a view to introducing improvements to the Websites and Services.

Your IP address and other relevant information may be used in order to trace any fraudulent or criminal activity, or any activity in violation of the Terms of Use.

Aggregated Information

In addition to the information collected by the analytics program as described in the previous section, we may also generate, use and disclose aggregated and / or anonymized information and statistics about the Services and Services Users for marketing and strategic purposes. However, no User of our Services will be individually identifiable from these aggregated and / or anonymized information and statistics.

General Information Transfer from the Services

Any information (Personal or not) the Services collect while you use them may be stored locally on your Device or computer and then transferred to servers controlled by Sofdesk, and Sofdesk may obtain this information as a result of the data being sent to our servers from the Services. The information, however, is only used (or not used) by Sofdesk as described elsewhere in this Policy.

Verification, Correction and Deletion of Personal Information

You have the right to: (i) verify what Personal Information Sofdesk holds about you; (ii) ask for your Personal Information to be corrected or updated; and (iii) to withdraw your consent to the use by Sofdesk of your Personal Information and have it deleted from our records. If you wish to inquire about and verify and / or correct Personal Information Sofdesk holds about you, or if you wish to have all your Personal Information permanently deleted from our records, please contact us using the contact information further up in this Policy. Please note that deletion of your Personal Information may make it impossible for you to use the Services, or certain portions thereof, and Sofdesk and its Representatives accepts no responsibility for any damages, pecuniary or otherwise, resulting therefrom. If you request deletion of your Personal Information, Sofdesk reserves the right to retain some of your Personal Information for a reasonable time in order to satisfy our legal obligations or under a legal procedure of any sort.

The above paragraph applies equally to any third party Personal Information you have submitted to us with their permission.

Transfer of Personal Information Outside Your Home Jurisdiction

Services Users may access the Services from any country in the world, though in certain countries the functionalities of the Services may be limited. Sofdesk and its third-party vendors, including service providers and hosting partners, are located in the United States and Canada. You acknowledge that Sofdesk and our third-party vendors may be located in jurisdictions or countries where the privacy laws may not be as protective as those in your home country, state, province or other governmental jurisdiction, and consent to the transfer of your Personal Information to such countries. Without limiting the generality of the foregoing, Services Users in the European Union acknowledge and agree that their Personal Information may be transferred to the United States.

Tracking Technology ("Cookies") and Related Technologies

Sofdesk uses tracking technology ("cookies" and related technology such as tags, pixels and web beacons) on the Websites and in Services and by using the Services you agree to their use. Cookies are small text files placed on your computer or Device when you visit a web site, in order to track use of the site and to improve the user experience by storing certain data on your computer. The Website uses "session cookies," which improve your user experience by storing certain information from your current visit on your computer or Device while you are a Logged-in User.

Specifically, we use cookies for the following functions:

  • to facilitate your signing-in to the Services;
  • to facilitate your payment processing for the payment of Fees;
  • to keep track of your preferences while using the Services;
  • to provide general internal and User analytics;
  • to conduct research to improve the content of the Services using analytics programs as described above in this Policy;
  • to facilitate online chat services; 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. Please note that deleting these cookies may reduce your user experience on the Services by requiring you to re-enter certain information, including information required to use the Services, such as account login information. Furthermore, deleting cookies may prevent certain functions from working at all. Sofdesk and its Representatives shall not be held responsible for any function that may not operate after you delete cookies, or any losses or damages (pecuniary or otherwise) arising from those functions not operating, or having reduced functionality.

Risks Associated with the Internet and Wireless Data Transmission

Despite Sofdesk’s best efforts to ensure that third parties will not access or obtain your Personal Information through your use of the Services, complete confidentiality and security cannot currently be guaranteed on the Internet and / or where data is transferred via digital wireless technology of any type. Communication via the Internet or wireless data transmission is subject to interception, loss, or alteration. You acknowledge and agree that Sofdesk and its Representatives cannot be held responsible for damages resulting from the transmission of confidential information or Personal Information in this manner and that such communications are at your own risk.

Limitation of Liability

Sofdesk, and / or its Representatives, will not be held liable for any losses or damages (pecuniary or otherwise) resulting from the misuse of any information collected by any third party, or any misuse of any information collected through the Services not in violation of the Policy.

Compliance with Privacy Laws

This Policy and Sofdesk’s practices in general are designed to be in compliance with Canada’s Personal Information Protection and Electronic Documents Act ("PIPEDA", S.C. 2000, c. 5) and Quebec’s An Act Respecting the Protection Of Personal Information in the Private Sector (R.S.Q. c. P-39.1). If you have any questions regarding this compliance, please contact us using the contact information further up in this Policy.

Address
642 De Courcelle St, PH4,
Montreal, QC, Canada, H4C ‎3C5
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