Data Processing Addendum

1. What This Addendum Is

This Data Processing Addendum forms part of our Terms of Service and applies whenever we handle personal information on your behalf: the callers who reach your lines, the customers you ask us to message, and the records we keep and deliver for you. On data protection it governs over the Terms; the Terms' limits of liability apply to it.

2. Who Is Responsible for What

Your callers and customers are yours. Under Canada's Personal Information Protection and Electronic Documents Act (PIPEDA), you are the organization accountable for their personal information, including what we handle for you. We process it as your service provider, only to provide the service and as you instruct. Where a law uses the words controller and processor, you are the controller and we are the processor.

3. Our Limited Appointment

You appoint us as your agent for a limited purpose: to answer calls to the lines you forward to us, to keep and deliver the record of each call, to send the confirmations and follow-up messages you configure, and to enter records into your systems. Every call we answer and every message we send under this appointment is made in your name and on your instructions, and you are its sender of record. The appointment gives us no authority to bind you to a price, a booking or a promise to a customer, and creates no duty beyond these terms.

4. Your Obligations

• Notice and consent. Tell your customers how you collect and use their information, and choose the recording notice your callers hear for the places you serve. Our default greeting tells every caller the call is recorded.
• Messages. Hold valid express or implied consent under Canada's Anti-Spam Legislation (CASL) for every commercial message we send for you, keep the records that prove it, and pass us every opt-out you receive through a channel we do not see.
• Calls. Before we place any telemarketing call for you, register with the National Do Not Call List, scrub the numbers and follow the CRTC Unsolicited Telecommunications Rules.
• Lists and instructions. Give us only contact lists you may lawfully use for the purpose you name, and only lawful instructions.
• Retention and requests. Set how long your records are kept, and answer your customers' requests to see, correct or delete their information; we help.

5. Our Obligations

• Process your callers' and customers' information only to provide the service and as you instruct, and never sell it.
• Limit access to the people who need it to run the service, under a duty of confidentiality.
• Protect it with safeguards suited to its sensitivity, including encryption in transit and access controls.
• Use service providers only in the categories in Schedule A, choosing providers that commit by contract to protect personal information and to use it only to provide their service to us; give you the current named list under confidentiality, and tell you before we add a new category.
• Tell you without undue delay if we learn of a breach of security safeguards affecting your information, and help you decide whether it creates a real risk of significant harm and meet any duty to notify.
• Help you answer requests from your customers to see, correct or delete their information.
• When the service ends, export your data on written request and make it anonymous as the Terms set out (24 months after the service ends), except records the law requires us to keep.

6. Where Information Is Processed

We are based in Canada. Some of our service providers process information in the United States. While it is outside Canada, information is subject to the laws of that country and may be accessed by its courts, law enforcement and national security authorities. You agree to tell your customers this where your own notice requires it.

7. Safety and Vulnerability Details

Your intake questions may ask, or a caller may volunteer, that an infant, an elderly person or someone medically fragile is in the home, or that the heat or water is out. We record those details only because your questions ask for them or the caller gives them, use them only so you can decide how quickly to respond, and deliver them to you with the call. We never use them for marketing, and recording them is not a judgment about anyone's safety: what happens next is your decision.

8. De-identified Data

With names, phone numbers, addresses and other identifiers removed, we may use call recordings and transcripts to improve the service and the AI that runs it. You can ask us in writing to leave your calls out. We never use a caller's voice, name or recording in our marketing.

9. Records and Cooperation

We keep a record of your acceptance of these terms (its version and time) and of the processing we do for you, and we answer reasonable written questions about how we protect your information.

10. Term

This addendum lasts as long as we hold personal information for you, including after the service ends.

Schedule A: Service Provider Categories

• cloud hosting, database and storage providers;
• a telephony carrier that routes and connects calls;
• speech-recognition and AI language providers that answer, transcribe and summarize calls;
• workflow automation tools that move a record from one step to the next;
• text-message carriers and email delivery providers;
• your own CRM and business systems, where you ask us to deliver records into them.

The named list is given to clients under confidentiality at signing and on request, and to any individual who makes an access request under our Privacy Policy.

Contact

Questions about this addendum go to our Privacy Officer at privacy@leadshiftautomation.com.

Lead Shift Automation Inc.
111 2nd Ave, Saskatoon, Saskatchewan, Canada