Terms of Use

1.1 Accounts

To access SimplePIA, you must register for, and hold, an Account for your use. By creating an Account you confirm that you:

• possess the legal right and ability to enter into a legally binding agreement with us; and
• agree to use SimplePIA only in accordance with these Terms and applicable laws.

1.2 Registration Process

As part of registering for, and activating, your Account, you will need to provide us with information, including personal information about you, which we collect to operate our business and SimplePIA and to ensure SimplePIA remains safe and secure for users. This information will include your email address and billing information for paid subscriptions. You may optionally provide additional information, including your name, job title, and organization name.

1.3 Account Security

When you register and activate your Account, you will enter your email address (as the username) and a password. You are responsible for keeping your password secure and are responsible for all use and activity carried out under your Account on SimplePIA.

2.1 SimplePIA Overview

SimplePIA facilitates your creation, management, and completion of Privacy Impact Assessments (PIAs) by providing certain functions as described on our website, including:

• PIA creation and management tools
• Pre-built templates and frameworks
• Collaboration features for team-based assessments
• Export and reporting capabilities
• Risk assessment and mitigation tracking

2.2 Updates to SimplePIA Functions

From time to time, we may (in our sole discretion):

• change or update SimplePIA or its functions; or
• agree to provide new functions.

Such updates or new functions may be subject to additional terms and fees as notified to you by SimplePIA.

2.3 Term

These Terms commence when you first access SimplePIA and will continue until terminated by you or SimplePIA in accordance with these Terms.

3.1 Subscription Fees and Additional Fees

• In order to access SimplePIA, you may be required to pay a subscription fee as published on our website, SimplePIA, or as otherwise agreed with you for your chosen subscription period. All fee amounts are in Canadian dollars unless otherwise indicated.
• Subscription Fees (including any required taxes) are payable in advance for the relevant Subscription Period and SimplePIA may terminate your Account and these Terms where you have not paid the relevant Subscription Fees, or where the Subscription Period has expired.
• SimplePIA may vary the Subscription Fee on reasonable advance notice with such varied Subscription Fee to apply at the commencement of your next Subscription Period.
• Your subscription will automatically renew at the end of the applicable Subscription Period, unless you cancel your subscription before the end of the then-current Subscription Period. The cancellation will take effect the day after the last day of the then-current Subscription Period. SimplePIA does not provide refunds or credits for any partial Subscription Period, except as expressly stated in these Terms.

4.1 Privacy Obligations

Each party must, in the performance of these Terms, comply with applicable privacy laws in respect of any personal information, including without limitation the British Columbia Personal Information Protection Act (PIPA), the Personal Information Protection and Electronic Documents Act (PIPEDA) in Canada, and any other relevant jurisdictional privacy laws.

4.2 Personal Information Collection Notice

We collect, store, use and disclose personal information about you in order to provide you with use of SimplePIA and for purposes otherwise set out in our Privacy Policy.

View Privacy Policy

4.3 Use of De-identified Information

Privacy Made Simple may de-identify information that is made available to Privacy Made Simple in connection with SimplePIA and use or disclose such information in a de-identified form for the purposes of making available relevant functionality to you and as otherwise described in our Privacy Policy.

5.1 General Requirements

You must:

• comply with all applicable laws and professional obligations in connection with these Terms and your use of SimplePIA and any related services;
• cooperate and comply with all reasonable directions of SimplePIA in relation to your use of SimplePIA;
• notify SimplePIA immediately if you become aware of any actual or potential defect in SimplePIA or related services;
• comply with these Terms in full at all times.

5.2 Prohibited Activities

Except as otherwise permitted under these Terms, you must not:

• distribute, sub-license or otherwise transfer all or any part of SimplePIA to any other person;
• attempt to disassemble, decompile or otherwise reverse engineer SimplePIA;
• alter, customize, modify, or create derivative works of SimplePIA;
• expose SimplePIA, or any data to reasonably avoidable cyber risks;
• supply inaccurate data to SimplePIA or any other person through SimplePIA;
• do any act that would have an adverse impact on the reputation or standing of SimplePIA;
• do any act that is unlawful or is prohibited by any Laws applicable.

5.3 Records

You will maintain accurate and complete records and documents related to your interaction with and use of SimplePIA and the related services, including as required by law.

6.1 Our Intellectual Property Rights

Unless otherwise indicated, we own or license from third parties all rights, title, and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in SimplePIA and any material made available through SimplePIA (SimplePIA Content).

6.2 License to SimplePIA and Content

SimplePIA grants you a limited, non-transferable, non-exclusive license to use SimplePIA and SimplePIA Content for the duration of these Terms solely for the purpose of creating and managing Privacy Impact Assessments.

6.3 Feedback License

To enable Privacy Made Simple to use your feedback (or other deidentified material you may provide) for its business purposes and to improve SimplePIA, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use the feedback you provide to us for these purposes.

7.1 Technical Requirements

You acknowledge that you are responsible for ensuring that your information technology and other systems are able to work in conjunction with SimplePIA.

7.2 No Professional Advice

SimplePIA, SimplePIA Content and the related services do not constitute professional privacy, legal, or compliance advice, nor do they replace professional privacy or legal consultation.

7.3 PIA Content Responsibility

While SimplePIA provides templates and guidance for creating Privacy Impact Assessments, the accuracy, completeness, and appropriateness of the content within your PIAs remains your sole responsibility.

8.1 Suspension

Where practicable, we will provide you with notice of any outages or suspensions of SimplePIA. We reserve the right to restrict, suspend or terminate your access to SimplePIA without notice (although we will provide prior notice wherever practicable).

8.2 Termination

You may terminate your use of SimplePIA by closing your account through your Account settings. We may terminate your access to SimplePIA if we reasonably believe you have breached any of these Terms, if we withdraw SimplePIA from market, or if we consider it reasonably necessary to comply with applicable law.

8.3 Effect of Termination

On termination, you must pay all outstanding fees, the license to use SimplePIA will cease, and we may delete any data or content provided to us, subject to applicable law.

9.1 Disclaimer

SimplePIA and related services are provided 'as is' without warranty or guarantee of any kind. We will not be liable for any direct or indirect loss, damage or expense which may be suffered due to your use of SimplePIA, inaccessibility of SimplePIA, unauthorized access to data, or interference with your computer systems.

9.2 Limitation of Liability

To the extent permitted by law, our aggregate liability for loss sustained by you in connection with these Terms during any consecutive twelve month period is limited to the fees you have paid for SimplePIA during that period.

You must at all times indemnify, hold harmless, and release Privacy Made Simple and our related bodies corporate from and against any loss, liability, demand, claim, action, or expense (however arising and whether present or future, fixed or unascertained, actual or contingent) incurred or suffered by Privacy Made Simple or its related bodies corporate in connection with or arising from:

• any claim made by a third party in relation to any act or omission by you in connection with your use of SimplePIA, except to the extent the loss is attributable to the unlawful or wilful misconduct of Privacy Made Simple or its related bodies corporate;
• any breach of applicable law (including privacy laws), professional obligations, or these Terms by you or your personnel;
• any willful, unlawful, fraudulent, or negligent act or omission by you or your personnel;
• any damage to or loss of property, or injury, to the extent caused by your (or your personnel's) negligent or wilful acts or omissions;
• your use of SimplePIA, SimplePIA Content, or related services, except to the extent the loss is attributable to the unlawful or wilful misconduct of Privacy Made Simple or its related bodies corporate;
• any infringement or misappropriation of intellectual property rights by you or your personnel in connection with your use of SimplePIA, SimplePIA Content, or related services, except where caused by an act or omission of Privacy Made Simple or its related bodies corporate.

11.1 Governing Law

These Terms are governed by the law of British Columbia, Canada and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in British Columbia, Canada.

11.2 Updates to Terms

We may modify, update or replace any or all of these Terms from time to time by providing reasonable and, where practicable, 30 days' prior written notice. Continued use of SimplePIA following the notice period shall be deemed acceptance of the updated Terms.

11.3 Independent Contractors

Each party is acting in the capacity of independent contractor. These Terms do not constitute any partnership, trust, agency, joint venture or employment relationship between the parties.

11.4 Dispute Resolution

If a dispute arises in connection with these Terms or your use of SimplePIA, the parties agree to first attempt to resolve the dispute informally and in good faith. If the dispute cannot be resolved within thirty (30) days, the parties will refer the matter to non-binding mediation administered by the Vancouver International Arbitration Centre (VanIAC) under its applicable mediation rules. The mediation will be conducted in English in British Columbia, Canada. Each party will bear its own costs unless otherwise agreed in writing. Nothing in this clause prevents either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction in British Columbia, Canada.

11.5 Contact Information

For questions regarding these Terms of Use, please contact us at [email protected]