1. Our Commitment to Privacy
Personal privacy is important, and We acknowledge and respect the desire of individuals for personal privacy. 

Our Privacy Policy is intended to comply with the British Columbia Personal Information Protection Act and the European Union (“EU”) General Data Protection Regulation (“GDPR”). It also has some provisions which are intended to apply to residents of other jurisdictions.

We intend to regularly review Our privacy policies and practices and reserve the right to change the contents of this Privacy Policy at any time. 

Notice that changes to our Privacy Policy have been made will be indicated on the Policy with the date it was last updated.


2. Who We Are
Umso Software Inc., is a company formed under the laws of British Columbia, Canada (“Umso”, “Our”, “Us”, and “We”) with a delivery address of #900-2025 Willingdon Avenue, Burnaby, B.C., Canada  V5C 0J3.

We provide an online software application and related services enabling subscribers to build their own websites.

With respect to personal information related to Subscribers and Users in the EEA (but not with respect to End Users), Umso is the controller in relation to the processing activities described in this Privacy Policy.

3. Key Terms

In this Privacy Policy, the terms below have the following meanings:

“Application” means Our proprietary Web-based software application called Umso™ and all associated documentation and other materials utilized by Subscribers or made available to you by Us for use in accessing the Website and using the Services to create a Subscriber Platform.

“EEA” refers to the European Economic Area.

“End Users” refers to individuals who visit or use any Subscriber Platform and the related services of our Subscribers.

“personal information” refers to any information received, collected, maintained, or otherwise processed by Us that relates to an identified or identifiable individual respectively identifies, or could be used to identify, an individual.

“Services” means the Application, the subscription to which provides you with an account or access to the functionality and feature set for the Application, to create a Subscriber Platform, whether the trial version, startup version, growth version, or business version or any other version available from time to time from Us, Our hosting services, or any other functions utilized by you or made available to you in conjunction with accessing the Website and the Application.

“Subscribers” are persons who have registered with Us to use Our Services.

“Subscriber Platform” means the website created by a Subscriber using the Application and Services.

“Users” means, depending on the context, unregistered visitors to Our Website and/or Subscribers.

“Web Site” means https://www.umso.com, any subdomains thereof, and any successor websites.

“you” and “your” refers to a User.


4. Application of this PolicyThis Privacy Policy applies to all Users. This Privacy Policy is not intended to override the terms of any agreement you have with Us, nor any rights you may have under other applicable data privacy laws.

Prior to accessing or using Our Services, please read this policy and make sure you fully understand Our practices in relation to your personal information. If you read this Privacy Policy and do not agree to Our practices, you must immediately leave and discontinue all use of any of Our Services. If you have any questions or concerns regarding this Privacy Policy, please contact us at privacy@umso.com.

5. What is Personal Information?
“Personal information” is personally identifiable information such as your name, residential address, business address, and e-mail address or any other information that relates to an identified or identifiable individual respectively that identifies or can be used to identify an individual. 

We are not in the business of collecting anyone’s personal information except to the extent it’s needed in relation to using Our Services, supporting the use of Our Services by Users, and communicating with Users and prospective Users.

We collect personal information when you provide it to Us, such as if you choose to communicate or register with Us before or after Using any of Our Services. This information may include details about yourself, including your name, telephone number, business mailing address, and email address to participate in any Services We may offer. 


6. How do We Process Personal Information (including Legal Bases)?

(i) If you register for Our Services, purchase and/or register domain names, use any of Our Services, or when you contact Us directly (by email or a support ticket), you may provide Us personal information, such as your name, email address, phone number, payment information (for Subscribers), Goods and Services Tax or VAT number identification information you include in your communications with Us, and personal information contained in scanned identification documents (such as an ID card, driver’s license, passport, or official company registration documents). With respect to personal information relating to individuals in the EEA, the legal basis for this processing activity is performance of a contract unless you are not our contractual partner in which case the legal basis is our legitimate interest in complying with the contractual obligations with the relevant contractual partner (e.g. your employer or commissioner).

(ii) We also collect personal information (name, contact details, information regarding technical issues, contents of your communication) to allow Us to contact Users or potential Users in the normal course of business, including providing technical support services, providing information on our latest software announcements and software updates, carrying out surveys or if you apply for employment with Us. With respect to personal information relating to individuals in the EEA, the legal basis for:

- communication in the context of applications for employment is performance of a contract (including taking steps upon your request prior to entering onto an employment contract).

- non-marketing communication is performance of a contract unless you are not our contractual partner in which case the legal basis is our legitimate interest in complying with the contractual obligations with the relevant contractual partner (e.g. your employer or commissioner) respectively in responding to your contact.

- direct marketing activities (e.g., email marketing) is your consent or, where we have not obtained such consent, our legitimate interest in promoting our Services.

(iii) When you visit Our Website, or download and/or use any of Our Services, We may collect personal information regarding your usage (such as IP address, behavior on the Website, information on the device in use, operating system, time of visit / use, Internet service provider (ISP), browser type and language, referring and exit website and applications, date/time stamp and clickstream data) for security or fraud prevention purposes. With respect to personal information relating to individuals in the EEA, the legal basis for this processing activity is compliance with legal obligations in relation to data security and, to the extent such obligation does not exist, our legitimate interest in rectifying faults, ensuring the security of Our Website and Service and in preventing fraud. 

(iv) We also collect personal information on an aggregated basis, such as Users’ browsing and click-stream activity on or relating to the Services, and non-identifying personal information regarding Users’ computing device, operating system, internet browser, country, city, screen resolution, language, and keyboard settings, internet service provider, referring/exit pages, and date/time stamps. With respect to personal information relating to individuals in the EEA, the legal basis for collecting and aggregating such information is our legitimate interest in understanding the use of Our Website and Services and in improving them, or consent where we have obtained such. The aggregated information may be used as explained in Section 7 below. 

(v) We may process personal information in the context of corporate transactions (e.g., reorganization, merger, sale, sale of assets, joint venture). This may concern any of the data categories indicated in the purposes described in Section 6 (i) to (iv). With respect to personal information relating to individuals in the EEA, the legal basis for this processing activity is our legitimate interest in effectively disposing of our assets and make economically sensible decisions about the development of Umso.

(vi) We process personal information to comply with legal obligations to which We are subject (e.g. under tax law). This may concern any of the data categories indicated in the purposes described in Section 6 (i) to (iv). With respect to personal information relating to individuals in the EEA, the legal basis for this processing activity is compliance with legal obligations. 

(vii) We may process personal information to safeguard our rights. This may concern any of the data categories indicated in the purposes described in Section 6 (i) to (iv). With respect to personal information relating to individuals in the EEA, the legal basis for this processing activity is our legitimate interest in establishing, exercising and/or defending legal claims.

We may receive personal information about you from certain third-party sources:

- security providers or fraud detection and prevention providers who assist Us in screening out visitors to the Website associated with fraud. This information will be processed for the purposes explained in Section 6 (ii) above;

- social media platforms (if you log-in or sign-up using your social media account, We may receive personal information from that service including your username and basic profile personal information). This information will be processed for the purposes explained in Section 6 (i) above.

We may also collect personal information of End Users, solely for and on our Subscribers’ behalf (as further described in Section 8 below). The personal information of End Users for example will include the country, city, referring source, pages visited on a Subscriber’s Platform, the computing device, software operating system, and log data but ultimately depends on what the Subscriber is collecting via Subscriber’s Platform.

In summary, we use personal information for providing the Services; enabling Us to improve and expand the Services; supporting Our Subscribers; contacting Users including for promotional purposes; analyzing Our performance; for security purposes; and to comply with applicable laws.


7. Non-Personal Information

We also collect non-personally identifiable information about Users in a number of ways, including tracking visits to Our Website through your IP address, computer settings, or search keywords used which let Us know more about whether different aspects of Our Website are informative or of interest to potential Users and Subscribers. 

We may collect, use, transfer, and disclose non-personally identifiable information for any purpose. However, to the extent that IP addresses or similar identifiers are considered personal information by local law, We also treat these identifiers as personal information. 

If We combine non-personally identifiable information with personal information, the combined information will be treated by Us as personal information for so long as it remains combined.

Anonymous or “non-personal” information gathered by Umso through accessing Our Website or communicating with Us may be used for technical, research, and analytical purposes. Information collected through surveys may be used by Us to analyze Our Services, target market, and to develop or enhance Our Services.

8. End Users of Subscribers

We may process (including but not limited to collection and storage) certain personal information of End Users on behalf of Subscribers and at their direction. For example, each of our Subscribers can build their own forms to collect personal information of End Users and other data via their own website. Such personal information may then be stored with Umso, on the Subscriber’s behalf.​

In this context, (a) We are considered a “Processor” and not a “Controller” (as both such capitalized terms are defined in the GDPR, and including their capitalized cognates) of such personal information of End Users; and (b) the Subscribers controlling and operating their own Subscriber Platforms are considered as the “Controllers” of such personal information of End Users, and are responsible to them for complying with all laws and regulations that may apply to the processing and control of such personal information of End Users, including all privacy and data protection laws of all relevant jurisdictions.

​Where Umso processes personal information of End Users on behalf of a Subscriber, Umso will conclude a data processing agreement with such Subscriber as necessary under applicable laws and regulations.

If you are an End User and wish to exercise your rights under applicable privacy and data protection laws and regulations, please directly reach out to the Subscriber to whose Subscriber Platform your request relates. 


9. The extent we share personal information and where it is processed 
Unless you specifically authorize Us to release your personal information, or release is required or permitted by law, We will not sell, lease, license, or trade your personal information to any other third parties. 

Personal information collected by Us is processed (including storage) in Oregon, in the United States of America. Subscribers’ websites and the personal information of End Users are Processed and stored in Toronto, Canada, Mumbai, India, and Frankfurt, Germany, and some of the personal information of End Users may also be processed (including storage) in Oregon. To the extent We transfer personal information of residents of the EU anywhere outside of Europe, We will ensure that (a) there is a level of protection deemed adequate by the European Commission (a list of countries deemed adequate is available here) or (b) that the relevant Model Standard Contractual Clauses approved by the European Commission (as included in the implementing decision (EU) 2021/914 of June 4, 2021) are in place. Where We rely on Model Standard Contractual Clauses approved by the European Commission Module Two (transfer from controllers to processors) is relevant for transfers to service providers processing personal information on our behalf or Module One (transfer from controllers to controllers) insofar as the transfer is made to other third parties.

For more information about these transfers and the transfer mechanisms (including a copy thereof) used with respect to them, please contact us at privacy@umso.com. 

Like other companies, We have business relationships with other service providers whose services complement our Services. We use:

• Alphabet Inc., a United States company, for its website analytics on Our Website

• Amazon Web Services, a United States company for cloud services;

• Automattic, a United States company for its Akismet spam protection services;

• Profitwell, a subscription revenue analytics company in the United States;

• Pusher Limited, a company formed in England, for its cloud hosting services;

• Functional Software Inc., a United States company, for its Sentry application monitoring and error reporting software service;

• NewRelic, a server monitoring company in the United States

• Wildbit LLC, a United States company for its Postmark email processing services;

• Stripe, a payment processor in the United States;

• Intercom, a customer support services company in the United States;

• Mixpanel Inc., a product analytics company in the United States;

• Skcript Technologies Private Limited (FeatureOS) in India;

• ClickHouse, Inc., a database service company in the United States;

• Igil Webs SRL (FirstPromoter), an affiliate management company in Romania; 

(collectively, “Other Service Providers”). 

We and Our Other Service Providers that store or otherwise process your personal information on Our behalf are contractually committed to keep it protected and secured, in accordance with industry standards and regardless of any lesser legal requirements which may apply in their jurisdiction.

Thus, personal information may be subject to disclosure in accordance with the laws applicable in Canada, the United States, the EU, Germany, and India as well as the jurisdictions where the Other Service Providers physically locate their servers or store their data in relation to the services provided to Us. 

We only share personal information with our Other Service Providers in the normal course of using their software services offered to Us as a user/subscriber, ancillary to our business of providing our Services. The type of personal information we share includes the scope of personal information we receive including identifiers, such as your name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, or other similar identifiers; and commercial information, such as information regarding the type of Services subscribed for from Us.

Your personal information and the personal information of End Users may be accessible to regulatory, law enforcement, and national security authorities of those jurisdictions, and may be subject to disclosure in accordance with the laws of those countries or jurisdictions. Such laws may or may not provide the same level of protection for personal information as do the applicable laws of the jurisdiction in which you or your End Users ordinarily reside.

Further, we may share personal information with authorities, courts and/or consultants (e.g., lawyers, auditors), insofar as we are legally obliged to do so, or where this is necessary to safeguard our rights.

If Umso is involved in a merger, acquisition, or any form of sale of some or all of Our assets, We may transfer any and all personal information We collect to the relevant third party respectively to the extent permitted under applicable law. 

If we have any bona fide reason, We may share personal information if we believe doing so will help protect the rights, property, or personal safety of Umso, any of our Users, any End Users, or any member of the general public, with or without notice to you, as permitted under applicable law.

You are responsible to inform your End Users of the extent to which We collect, process, and use their personal information in the course of our provision of Services to you and on your behalf.


10. Informed Consent

For personal information of Our Users, We will only request personal information that We need and will only ask for it when it’s needed. 

Generally, this is going to be in the context of doing business with Users or prospective Users interested in Our Services. 

So if We ask you for personal information, it will either be self-evident why We’re asking for such information, or if not, We’ll explain to you why such personal information is needed and what We are going to do with it. Information on the use of personal information is provided in Section 6 above.

We will seek your prior consent to the collection, use, disclosure and other processing of the information as required by applicable privacy legislation. Your consent may be provided orally, or through use of Our Website as permittable under applicable law. With respect to personal information relating to individuals in the EEA, the legal bases We rely on for the processing of personal information are stated in Section 6 above.

Some examples associated with Our processing of your personal information will relate to subscribing for our Services, technical support services, sending invoices, following up on payments, or responding to communications requesting more information about Us or Our Services.

Where We rely on your consent for the processing of personal information, you’ll always have the right at any time to withdraw your consent from any such processing or collection of your personal information by contacting Us by email at privacy@umso.com. But withdrawing your consent is subject to certain allowable exceptions (e.g., We need the personal information to provide or to continue to provide Our Services, or, if the withdrawal of your consent would frustrate the performance of a legal obligation We may have. This is explained in more detail below under Section 22). Such exception does not exist with respect to the processing of personal information relating to individuals in the EEA on the basis of consent; such consent can be withdrawn at any time. Please note that the withdrawal of consent does not affect the lawfulness of processing based on such consent before its withdrawal.

Note that if you decide to withhold or withdraw your consent to certain uses of your personal information, We may not be able to provide Our Services to you.


11. Storage under applicable law

With respect to personal information related to individuals in the EEA, we will rely on the legal bases as stated in Section 6 above.

Subject to applicable laws in British Columbia, in Canada, in the United States, We may collect, use, or store personal information without your consent in the following limited circumstances:

- when the personal information is available from a public source (e.g., a telephone directory);
- to protect Us, Our Users, and others with whom We may do business, from fraud;
- to investigate an anticipated breach of an agreement or a contravention of law; or
- when such collection, use, or disclosure of personal information is permitted or required by applicable law.


12. Cookies and Other Technologies
Yes, Umso and Our Other Service Providers use “cookies” to collect information, helping Us understand User behaviour and preferences insofar as Our Services are concerned. 

A cookie is a small text file that is stored on the device you use to access a website. 

“Cookies” contain a unique identification number that identifies your browser to Our computers each time you visit Our Website.

We may collect information about your mobile device, computer, or other hardware device from which you access Our Website including your IP address, operating system, and browser type. This is statistical data about Our Users’ browsing actions and patterns.

Our Website, email messages, and advertisements for Our Application or Services may use cookies and other technologies such as pixel tags and web beacons. These technologies help us better understand User behavior, make Our Website a bit more user-friendly by remembering site preferences and language settings, tell us which parts of Our Website people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as nonpersonal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, We also treat these identifiers as personal information. 

Similarly, to the extent that non-personal information is combined with personal information, We treat the combined information as personal information for the purposes of this Privacy Policy.

Umso also uses cookies and other technologies to remember personal information when you use Our Website and Services. Our goal in these instances is to make your experience with Us more convenient, personal, and safe from security breaches. For example, keeping you signed in, keeping your preferences, providing you with the Service you have decided to obtain from Us, understanding how you use Our Website, monitoring and analyzing the performance, operation, and effectiveness of Our Services, and for security purposes and fraud-protection purposes and in order to identify and prevent cyber-attacks.

Knowing someone using your computer or device has downloaded Our Application or is interested in a particular Service helps Us make our marketing and email communications more relevant to your interests. We may provide you with customized advertisements, content, and information; monitor and analyze the effectiveness of Our Website content and third-party marketing activities; and monitor aggregate site usage metrics such as total number of visitors and pages viewed. And knowing your contact information helps Us provide you with better customer service.

13. Types of Cookies
We use the following types of cookies to help improve your engagement with Our Website, identify repeat visitors, and offer an improved personalized service than would otherwise be available without using cookies:

Essential Cookies: these enable you to browse the Website and use essential features like secure and private areas.

Analytical cookies: these allow Us to recognize and count Users and see how Users move around Our Website when using it. This helps us improve the way Our Website works, for example, by making it easier for Users to find what they are looking for.

Function cookies: these enable you to navigate Our Website and gain full access to its features and secure areas, including e-billing services. These are also used to recognize you when returning to Our Website. This may enable Us to personalize content (for example, greet you by name or acknowledge what region you are from).

Marketing cookies: are used to deliver advertisements more relevant to your personal interests, to limit the amount of times you see an ad and measure the effectiveness of ads.

Performance cookies: these allow Us to analyze and improve the performance of Our Website to provide you with a better visitor experience.

Preferences & Features cookies: these remember choices you made on previous visits to Our Website so We can provide enhanced, more personal features as well as enabling automated completion of forms with information previously provided.

Targeting cookies: these record your visits to Our Website, the pages you have visited, and the links you followed to affiliated Websites. We use this information to make Our Website more relevant to your interests.

Cookies We use include ones We design, as well as cookies from Our Other Service Providers. Information from cookies is retained by Us for up to two years.

The cookie table below provides you with information about the type, categories, purpose, and duration of cookies placed by Us and Our Other Service Providers.