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NewTotalix™ is deployable from 1 December 2026 Join the waitlist Privacy Statement Upstream Works Software Ltd. (“Upstream Works,” “we” or “us”) is committed to maintaining the accuracy, confidentiality and security of your personal information. This Privacy Statement explains how we handle information that can be used to directly or indirectly identify an individual (“Personal Data”) in accordance with applicable law. Our general commitments to privacy are that: We will only collect, keep, use and share Personal Data for the legitimate purposes explained below, or where we are legally required to do so. We will retain Personal Data only as long as required, secure it appropriately during that period, and give you the means to keep it up to date. We will be as clear as possible about what Personal Data we collect and how we process it. A. General information When does this Privacy Statement apply? This Privacy Statement applies to Personal Data that you provide to us through our website, www.upstreamworks.com, or that we collect automatically when you visit it, and to Personal Data derived from it as described below. It does not cover Personal Data we process on behalf of our customers within our products, which is governed by our agreements with those customers. Who is the data controller? For the purposes of the EU General Data Protection Regulation (“GDPR”), the UK GDPR and similar data protection laws, the data controller is Upstream Works Software Ltd., 7777 Weston Road, Suite 1000, Woodbridge, Ontario, Canada L4L 0G9. Where a registration form on this website is operated with a partner, the data controller may vary depending on the purpose of the collection, and the form will say so. What does Upstream Works do with your Personal Data? Upstream Works processes your Personal Data on one or more of the following grounds: as required by applicable law (see Section B); to perform a contract or potential contract with you (see Section C); where you have given your consent (see Section D); where Upstream Works has a legitimate interest (see Section E). How long does Upstream Works retain my Personal Data? Where we process Personal Data as required by law, we keep it for as long as that law requires. Where we process it to perform a contract with you, we keep it only as long as needed to fulfill the contract. Where we process it based on your consent, we keep it as long as needed for the purpose, or until you withdraw your consent. In all cases, where mandatory law requires us to keep Personal Data longer, or where we need it to assert or defend legal claims, we keep it until the end of the relevant retention period or until the claims are settled. Where will my Personal Data be processed? Upstream Works has affiliates and third-party service providers in several countries, so we may transfer your Personal Data outside the country where you live. Our primary processing takes place in Canada, which the European Commission has found to provide an adequate level of data protection for commercial organizations. Some of our service providers process Personal Data in the United States, including: Amazon Web Services, Inc., which provides hosting services; Google LLC, which provides web analytics and advertising measurement services; LinkedIn Corporation, which provides advertising measurement services; Paminga, Inc., which provides our marketing automation services; Microsoft Corporation, which provides website heatmaps and session recordings through Microsoft Clarity; Salesloft, Inc., which we use to send our marketing emails and track how recipients interact with them; HostPapa, Inc., which we use to host our corporate website. For transfers of Personal Data from the European Economic Area (“EEA”), the United Kingdom or Switzerland to the United States, we rely on the service provider’s certification under the EU-U.S. Data Privacy Framework, the UK Extension to it, or the Swiss-U.S. Data Privacy Framework where the provider participates. Otherwise, we rely on Standard Contractual Clauses approved by the European Commission, or other safeguards recognized by applicable law. Use of cookies, web beacons and similar technologies This website uses cookies to remember your settings, to understand how the site is used, and for marketing and analytics. Cookies are small text files placed on your browser to store information. By themselves, cookies do not tell us your email address or other information that identifies you. However, if you provide Personal Data to us, for example by submitting a form on this website, that Personal Data may be linked to information stored in our cookies. We also use small pieces of code, called “web beacons” or “pixels,” embedded in our web pages and marketing emails. Web beacons may count page views and collect aggregate usage statistics. They may also record which pages you visit, and, once you submit a form or click a link in one of our emails, connect that browsing activity to the Personal Data you have provided. Web beacons may also deliver cookies as described in our Cookie Policy. The analytics and marketing technologies we use on this website are: Google Analytics, to understand how visitors use the website; Google Ads, to measure the effectiveness of our advertising; LinkedIn Insight Tag, to measure the effectiveness of our LinkedIn advertising; Paminga page-tracking beacon, used by our marketing automation platform to record the pages you visit and, if you submit a form or interact with our emails, associate those visits with your contact record so that we can send you relevant information; Microsoft Clarity, to show us heatmaps and recordings of how visitors scroll, click and move through our pages, so that we can find and fix problems with the website. Clarity is set to mask anything typed into a form, and we use what it collects only to improve the website. We also use Salesloft to send marketing emails. These emails contain web beacons and tracked links that tell us whether and when you opened an email and which links you clicked, and we record that activity against your contact record. You can limit this tracking by turning off automatic image loading in your email program, and you can stop receiving marketing emails at any time using the unsubscribe link in any of them. How we ask for your consent depends on where you are: European Union and EEA: no analytics or marketing cookies or beacons are used until you choose “Accept all.” “Essential only” is offered on the first screen with equal prominence. United Kingdom, Switzerland and Brazil: Google Analytics measures visits in aggregate from your first page, with cross-device tracking and advertising personalization turned off, and you can turn it off in one click. Microsoft Clarity, Google Ads, the LinkedIn Insight Tag and the Paminga beacon are used only after you choose “Accept all.” Quebec: if your browser is set to Canadian French, no analytics or marketing cookies or beacons are used until you choose “Accept all.” United States, the rest of Canada, Australia, New Zealand, Japan, Hong Kong, Mexico and (until May 2027) India: these technologies are used when you arrive, and you can opt out in one click from the notice shown on your first visit. The site honors Global Privacy Control as an opt-out of marketing cookies. If your browser is set to US Pacific time (which includes California) or sends Global Privacy Control, Microsoft Clarity records your visit only after you choose “OK” or “Accept all.” Everywhere else: we ask first. You can change your choice at any time using the “Do Not Sell or Share My Personal Information” link in the footer of every page. You may also block or delete cookies in your browser, although this may affect how the website works. For more information, see our Cookie Policy. What are my rights as a data subject? You may ask Upstream Works at any time what Personal Data we process about you, and request that we correct or delete it. We can delete your Personal Data only where we have no legal obligation or overriding right to keep it. If you ask us to delete your Personal Data, you may no longer be able to use Upstream Works services that depend on it. Where we process your Personal Data based on your consent or to perform a contract with you, you may also ask for a copy of the Personal Data you provided to us. To do so, contact privacy@upstreamworks.com and tell us the information or processing activity your request concerns, the format you would like, and whether it should go to you or another recipient. We will respond in accordance with applicable law. You may ask us to restrict further processing of your Personal Data where: you tell us the Personal Data we hold about you is incorrect, for as long as we need to check its accuracy; we have no legal basis to process it; we no longer need it, but you need us to keep it to establish, exercise or defend legal claims; we process it based on legitimate interest and you object, for as long as we need to determine whether we have an overriding interest or legal obligation. You may also object at any time to our use of your Personal Data for direct marketing, including the marketing activity supported by the technologies described above. Privacy rights for U.S. residents Depending on the U.S. state where you live, you may have the right to know what Personal Data we collect and how we use it, to access, correct or delete it, and to opt out of the “sale” or “sharing” of Personal Data, or its use for targeted advertising, as those terms are defined under state law. Our use of advertising technologies such as Google Ads and the LinkedIn Insight Tag may be considered “sharing” under some state laws. You can opt out using the “Do Not Sell or Share My Personal Information” link in the footer of every page. We honor the Global Privacy Control signal from your browser as an opt-out from marketing cookies, and the website confirms this by displaying “Opt-Out Request Honored.” To exercise your other rights, contact privacy@upstreamworks.com. We will not discriminate against you for exercising these rights. Privacy for Canadian residents Upstream Works handles Personal Data in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy laws, including Quebec’s Act respecting the protection of personal information in the private sector. Sean Snider, our Data Protection Officer, is responsible for our compliance with this Privacy Statement and can be reached at privacy@upstreamworks.com. We send commercial electronic messages only in accordance with Canada’s Anti-Spam Legislation. Special categories of Personal Data When you register for an event or seminar, Upstream Works may ask about accessibility needs or dietary requirements so that we can accommodate you. We use this information only with your consent. If you choose not to provide it, we may not be able to make the relevant arrangements. Right to lodge a complaint If you believe Upstream Works is not processing your Personal Data in accordance with this Privacy Statement or applicable law, you may lodge a complaint with the data protection authority in the country where you live, or with the Office of the Privacy Commissioner of Canada. Use of this website by children This website is not intended for anyone under the age of 16. If you are under 16, you may not register on or use this website. Links to other websites This website may contain links to websites operated by others. Upstream Works is not responsible for the privacy practices or content of those websites. Updates to this Privacy Statement Upstream Works may change this Privacy Statement from time to time. We will post the updated version on this page with a new revision date. Further information If you have any questions about this Privacy Statement, contact our Data Protection Officer, Sean Snider, at privacy@upstreamworks.com. B. Where Upstream Works uses your Personal Data based on the law Upstream Works complies with applicable data protection laws. We may be required to process and retain your Personal Data to meet our obligations under those laws. C. Where Upstream Works uses your Personal Data based on a contract If you order goods or services from Upstream Works, we use the Personal Data you enter in the order or registration form only to process your order or provide the requested goods or services. This may include taking steps before entering the contract, responding to related inquiries, providing shipping and billing information, and handling customer feedback and support. The Personal Data you enter is usually your company name, company email address, company postal address, job title and role. We may contact you to fulfill our contractual obligations, for example to confirm the opening of your company account, send payment notices, inform you of changes to our products and services, and send other non-marketing communications relevant to our business relationship. Because these communications are needed to maintain the business relationship, you generally cannot opt out of them. If you take part in tutorials or training provided by Upstream Works, we may track your learning progress to make it available to you and to improve our products and services. If you provide Personal Data when requesting customer support, we use it only to resolve technical issues with our products and services, and keep it only as long as needed to resolve the issue and maintain our support logs. D. Where Upstream Works uses your Personal Data based on your consent With your consent, Upstream Works may use your name, email and postal addresses, telephone number, job title, basic information about your employer, and information about your prior interactions with us (for example, webinars, seminars, events, newsletters, website visits and responses to our emails) to send you marketing communications. This may include information collected through the web beacons described in Section A. You may withdraw your consent at any time by using the unsubscribe link in any marketing email, or by contacting privacy@upstreamworks.com. Once you withdraw consent, Upstream Works will stop processing the Personal Data covered by that consent unless legally required to continue. If we must keep your Personal Data for legal reasons, we will restrict it from further processing and keep it only for the period the law requires. If an Upstream Works service requires your consent, we will no longer be able to provide that service. E. Where Upstream Works uses your Personal Data based on legitimate interest In some cases, Upstream Works may process your Personal Data based on a legitimate interest, such as inviting you to take part in questionnaires and surveys, or measuring and improving the performance of our website and advertising. You may object to this processing, and we will stop unless we can demonstrate a compelling legitimate interest to continue. Revised October 29, 2026