Legal

These terms of service (the “Agreement”) are between Tailgate Technologies Inc., a federal Canadian corporation (“Tailgate”, “we” or “us”), and the Customer. They govern the use of Tailgate: our website at usetailgate.ca, the Tailgate web console, the Tailgate member app, and the setup, training and support we provide with them (together, the “Services”). “Customer” means the company that signs up for the Services, and “you” means the Customer and anyone using the Services on its behalf.

By using the Services, or by signing an order that refers to this Agreement, you agree to it. If you accept it for a company, you confirm that you have authority to bind that company. Where a Customer has a signed agreement with us, that agreement takes priority where the two differ.

1. The Services

1.1 Access. Subject to this Agreement, we make the Services available to the Customer and the people it invites (“Users”) for as long as this Agreement is in effect.

1.2 Changes. We improve the Services regularly and may add, change or remove features. If a change materially reduces what a Customer pays for, we will tell its administrators ahead of time.

1.3 Maintenance and availability. We work to keep the Services available and may suspend them briefly for maintenance, which we plan to keep disruption low. The member app is built to keep working offline and to sync when a connection returns.

1.4 Service providers. We use third-party service providers to run the Services. Our handling of personal information with them, including processing outside Canada, is described in our privacy policy.

2. Accounts and Users

2.1 Invitations. Accounts are created by invitation from a Customer. The Customer decides who to invite and what role each person has, and removes people who should no longer have access.

2.2 Responsibility for Users. The Customer is responsible for what its Users do in the Services and for making sure they follow this Agreement.

2.3 Security. Keep sign-in details private. Tell us or your company administrator right away if you think someone else has used your account.

3. Customer data

3.1 Ownership. Records the Customer and its Users put into the Services for the Customer (“Customer Data”) belong to the Customer. Nothing in this Agreement gives us ownership of Customer Data.

3.2 Users’ own certifications. Certifications and tickets a User keeps in their personal wallet in the member app are not Customer Data. They belong to the User, follow them between employers, and the Customer sees them only while the User belongs to the Customer’s company.

3.3 Our use. The Customer allows us to store, process and transmit Customer Data to provide, secure, support and improve the Services, and to produce statistics that do not identify any person or company.

3.4 Personal information. Our privacy policy explains how we handle personal information. The Customer is responsible for having the right to put its Users’ personal information into the Services and for telling them how it is used, including when the member app records where their phone was at a punch.

3.5 Export. The Customer can export its records from the Services at any time while it has access. Access ends when this Agreement ends, so the Customer should export what it needs before then.

4. Acceptable use

The Customer and its Users will not:

• use the Services for anything unlawful, or to store records they have no right to keep;
• try to access accounts, companies or data that are not theirs;
• interfere with the Services, test them for weaknesses without our written permission, or overload them;
• resell, sublicense or share the Services with anyone other than its Users;
• copy the Services or use them to build a competing product.

We may suspend access that breaks these rules or puts the Services or other customers at risk. We will tell the Customer as soon as reasonably practicable.

5. Templates and compliance

The Services include default safety forms, inspections and other templates, and let the Customer build its own. Templates are a starting point, not legal or safety advice. The Customer is responsible for its safety program, for making sure its forms and records meet the requirements that apply to it, including any COR audit and provincial occupational health and safety law, and for the decisions it makes using the Services.

6. Beta features

Some features may be labelled beta or early access. They are provided as is, may change or be removed, and may not be as reliable as the rest of the Services. We may use any feedback you give us about the Services freely, without paying for it.

7. Fees and payment

7.1 Fees. Fees, if any, are set out in the Customer’s order or plan. The member app is free for invited Users.

7.2 Invoices. Unless the order says otherwise, invoices are due within 30 days, in Canadian dollars.

7.3 Taxes. Fees do not include applicable taxes, such as GST, HST, PST or QST, which are added to invoices.

7.4 Late payment. If an invoice is more than 30 days overdue, we may suspend the Services after giving the Customer notice and a chance to pay.

8. Confidentiality

Each party will keep the other’s non-public information confidential, use it only for this Agreement, and protect it at least as carefully as its own. This does not cover information that is public, already known to the receiving party, or that must be disclosed by law.

9. Warranties and disclaimer

We will provide the Services with reasonable skill and care. Beyond that, and to the extent the law allows, the Services are provided “as is” and “as available”. We do not promise they will be uninterrupted or error-free, or that every error can be fixed.

10. Limitation of liability

To the extent the law allows:

• neither party is liable to the other for indirect, special or consequential losses, or for lost profits, revenue, data or goodwill;
• each party’s total liability under this Agreement is limited to the fees the Customer paid us in the 12 months before the event that gave rise to the claim.

These limits do not apply to a party’s breach of confidentiality, to amounts the Customer owes us, or to liability that cannot be limited by law.

11. Term and termination

11.1 Term. This Agreement starts when the Customer first uses the Services and continues until it ends under this section.

11.2 Ending for convenience. Either party can end this Agreement with 30 days’ written notice. Prepaid fees for a period that has started are not refunded unless the order says so.

11.3 Ending for cause. Either party can end this Agreement right away by written notice if the other seriously breaches it and does not fix the breach within 30 days of being told, or becomes insolvent.

11.4 After it ends. Access to the Services ends. We keep the Customer’s records until it asks us to delete them, and we delete them on request, subject to any retention the law requires of us. Sections that by their nature should continue, including 3, 8, 9, 10 and 12, continue after this Agreement ends.

12. General

12.1 Governing law. This Agreement is governed by the laws of Ontario and the federal laws of Canada that apply there. The parties agree to the exclusive jurisdiction of the courts of Ontario.

12.2 Changes to this Agreement. We may update this Agreement by posting a new version here with a new date. If a change is significant, we will tell Customer administrators at least 30 days before it takes effect. Continuing to use the Services after that means accepting the change.

12.3 Notices. We send notices to the email address of the Customer’s account owner, and the Customer sends notices to legal@usetailgate.ca. Our mailing address is available on request. A notice sent by email takes effect on the next business day after it is sent.

12.4 Assignment. Neither party may transfer this Agreement without the other’s consent, except to a buyer of all or most of its business.

12.5 Force majeure. Neither party is responsible for a delay or failure caused by events beyond its reasonable control, other than paying money owed.

12.6 Entire agreement. This Agreement, our privacy policy and any signed order are the whole agreement between the parties about the Services.

12.7 Language. The parties have expressly required that this Agreement and related documents be drawn up in English. Les parties ont expressément exigé que la présente convention et les documents qui s’y rattachent soient rédigés en anglais.

Contact

Questions about this Agreement: support@usetailgate.ca

Tailgate is software for Canadian contractors: time, equipment, safety, materials and projects, on the web and in a member app for crews. This policy explains how Tailgate Technologies Inc. (“Tailgate”, “we” or “us”) collects, uses, shares and protects personal information. It applies to our website at usetailgate.ca, the Tailgate web console and the Tailgate member app, together “the Services”.

We handle personal information in line with Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy laws, including Québec’s Law 25.

Consent

When you create a Tailgate account, you agree to our terms of service and, by ticking the box that says so, consent to the collection, use and disclosure of your personal information as this policy describes. By visiting our website or otherwise using the Services, you also consent to this policy. We keep a record of when you agreed and to which version. Where the law requires express consent, we ask for it separately, for example before the member app reads your location or sends you notifications.

You can withdraw your consent at any time by contacting our Privacy Officer, subject to legal or contractual limits and reasonable notice. Withdrawing consent to something the Services need to work, such as keeping your time records, may mean your employer has to limit or end your access.

Information we handle for our customers

Tailgate is sold to companies. When your employer uses Tailgate, the records it keeps about your work belong to your employer. We process them on your employer’s behalf and on its instructions, and your employer decides what is recorded. If you have a question about your work records, or want to access or correct them, start with your employer. We will help them answer you.

Depending on the modules your employer uses, these records include:

• Account details: your name, email address, phone number if you add one, the companies you belong to and your role in each.
• Time records: clock-ins and outs, the job sites and jobs they belong to, timesheets and approvals, time off, pay classifications and rates.
• Safety records: hazard assessments, toolbox talks, inspections, signatures and attached photos, and incident reports, which can include details of injuries and the treatment given.
• Equipment records: tools and vehicles you hold, hand off or return, and their inspections.
• Project records: job photos, documents, visit reports and materials.
• Punch locations: when you clock in, switch job site or clock out in the member app and have allowed location access, the app reads your device’s location once, at that moment, and attaches it to the punch. Your employer’s administrators see how far it was from the job site. The location can be approximate, and it records where the phone was, not proof of where work was done. The app never reads your location in the background or tracks your movements.

Your certification wallet

Certifications and tickets you add to your wallet in the member app are yours, not your employer’s. They follow you if you change employers, and you choose which company can see them. If you create a share link for them, anyone with the link can view the certifications it includes until the link expires or you revoke it.

Information we collect for our own purposes

• Using the Services: device type, operating system, app version, the screens and features you use, and crash and error reports. In the web console and member app, this is linked to your account so we can support you and fix problems.
• Security logs: sign-ins, failed sign-in attempts and account changes, with the IP address and browser or device they came from. We use these to protect accounts and investigate misuse.
• Push notifications: a notification token for your device, so we can send the notices you and your employer have turned on.
• Our website: pages viewed, how you arrived and basic device information, collected with analytics tools.
• Contacting us: what you send us when you book a demo, ask for support or report a bug, such as your name, email, company and message.

We do not sell personal information, and we do not use it for advertising.

How we use personal information

• To provide the Services your employer signed up for: recording, syncing and showing the records above.
• To create and secure accounts, sign you in, and send the emails and notifications the Services need, such as invitations, password resets and account alerts.
• To provide support, find and fix problems, and improve the Services.
• To produce statistics that do not identify any person or company.
• To meet legal obligations, enforce our terms, and prevent fraud and abuse.

How we share personal information

Service providers. We engage service providers to help us provide the Services. They may only use personal information to perform their service for us, and we require them to protect it. They help us with:

• hosting the website, web console and member app, and storing files and photos;
• running the application database where work records are kept;
• signing people in and keeping security logs;
• sending email;
• delivering push notifications, using your device’s notification token and the notification’s content;
• product analytics and error tracking;
• reading supplier invoices uploaded to the Services and matching their lines to a company’s materials;
• checking job-site addresses and placing them on a map;
• distributing the member app through the Apple App Store and Google Play.

For details of these service providers and where they are located, contact our Privacy Officer.

Your employer. Your employer’s administrators can see the records described above for their company.

People you share with. When you create a share link, we show its recipient what you chose to share.

Legal and compliance. We may disclose personal information where the law requires or permits it, for example to respond to a court order or a lawful request from a regulator or law enforcement, or to protect the rights and safety of our users and the public.

Sale of business. If Tailgate is sold, merged or reorganized, personal information may be transferred to the buyer under this policy.

Where information is stored

Our service providers may be located in Canada, the United States or other countries, and personal information may be stored and processed outside the province of Québec. Information held in another country is subject to that country’s laws and may be accessed by its courts, law enforcement or other authorities. For details of our service providers and their locations, contact our Privacy Officer.

Cookies and analytics

Our website only uses analytics if you allow them when it asks. You can change your answer at any time with the Privacy choices link at the bottom of the page.

The web console and member app use analytics and crash reports linked to your account: which screens and features are used, and what went wrong when something fails. We use them to support you, fix problems and improve the Services, never for advertising. They are on when you start using the Services, as part of the consent above. You can turn them off at any time with the Usage analytics switch on your web profile page or in the member app’s Settings, and the choice applies on every device you use. Turning them off stops future collection; it does not delete what was already collected. We do not record your screen or sessions. Our analytics provider is located in the United States.

The web console also uses cookies to keep you signed in. You can block cookies in your browser, though signing in needs them.

How long we keep information

We keep personal information for as long as we need it for the purposes above, or longer where the law requires.

Work records are kept while your employer’s account is active, because many of them are records your employer must keep, such as time and safety records. When a company closes its account, access ends straight away, so a company should export what it needs before closing. After that, we keep its records until the company asks us to delete them, because they may still be needed in an audit or a dispute, and we delete them on request unless the law requires us to keep them.

Security logs are kept to protect accounts and investigate misuse. Backup copies are deleted on a rolling schedule.

Your privacy rights

Subject to the law, you can:

• ask what personal information we hold about you, how we use it and who we have shared it with;
• ask for a copy of it;
• ask us to correct information that is inaccurate or incomplete;
• withdraw your consent, as described above;
• delete your account, as described below.

For records your employer keeps, we will pass your request to your employer. We answer within the time the law allows, generally 30 days, and tell you if we need to extend it and why. We may need to confirm your identity first.

If you are not satisfied with our answer, you can complain to the Office of the Privacy Commissioner of Canada, or in Québec to the Commission d’accès à l’information.

Deleting your account

You can delete your Tailgate account yourself:

• In the member app: open your profile and choose Delete account.
• On the web: sign in at app.usetailgate.ca, open your account page and choose Delete my account.

Either way, we email you a link to confirm. Following it deletes your sign-in account, password and sessions, and signs you out everywhere. Your phone number, profile photo, notification tokens and preferences are deleted too.

Some information stays, because your employer may need it as a record of work done:

• your name and email address, as they appear on records you created or signed, such as safety forms, timesheets and incident reports;
• certifications in your wallet, and photos attached to records;
• security logs of your account’s sign-ins.

If you own a company, deleting your account needs one more step. If the company has other members, hand ownership to one of them first. If you are its only member, deleting your account also closes the company.

If you can’t sign in, email our Privacy Officer and we will help you delete your account.

Safeguards

We protect personal information with measures that fit its sensitivity: encryption in transit, access limited to the people and systems that need it, and a revision history on key records. No system is perfectly secure. If a breach creates a real risk of serious harm, we will tell you, your employer where it involves their records, and the regulators the law requires, including the Privacy Commissioner of Canada and, in Québec, the Commission d’accès à l’information.

Children

The Services are workplace tools and are not directed at children under 14. If we learn that we hold personal information about a child under 14 without the consent the law requires, we will delete it.

Changes to this policy

We may update this policy from time to time. We will post the new version here with a new date, and if a change is significant, we will tell company administrators before it takes effect.

Contact us

Questions, requests and complaints go to our Privacy Officer at legal@usetailgate.ca.