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Privacy Policy

Upfinity Inc. Last updated: July 27, 2026 · Effective: July 27, 2026


1. Who we are and our role

Upfinity Inc. ("Upfinity", "we", "us") is a company incorporated in Ontario, Canada, with its registered office at 140 Carlton Street, Toronto, ON, M5A 3W7, Canada. We operate Upfinity Talent (the "Platform"), a recruitment and candidate assessment service provided to employer organisations ("Clients").

Our role depends on whose information is involved:

  • For candidate information, the Client who invited you is the controller (PIPEDA: the "organisation" accountable for the information). Upfinity acts as a processor (service provider), handling information on that Client's documented instructions. If you are a candidate and want to exercise your rights, you may contact us and we will route your request, but the Client makes the final determination.
  • For Client account information (administrator names, work emails, billing details, usage data), Upfinity is the controller.
  • For our own service operation, security and improvement, Upfinity is the controller of limited operational data as described in Section 6.

Contact for privacy matters: privacy@upfinity.ca EU/UK representative (required under GDPR Art. 27 if we have no EU establishment): Upfinity Inc., 140 Carlton Street, Toronto, ON, M5A 3W7, Canada Privacy Officer (required under PIPEDA): Upfinity Inc.


2. Information we collect

2.1 Candidate information

Collected either from the Client, from your application (including via email or job boards such as Indeed), or generated by your use of the Platform:

Category Examples Source
Identity and contact Name, email address Client, your application
Application materials Résumé/CV file and its extracted text, stated experience, skills Your application
Role and process data Role applied for, application date, stage, attempt number Client, Platform
Assessment data Answers submitted, per-question timing, completion timestamps, score, pass/borderline/fail band Platform
Assessment integrity data Tab-switch counts, session/device changes, automatic lock events Platform
Technical data IP address, browser/device user agent, approximate location derived from IP (city/region/country) Platform
Assessment analysis AI-generated summary, skill and experience assessment, written-answer scoring, recommendation Platform (see Section 4)
Interview and outcome data Interview status, scheduling, decisions recorded by the Client, notes entered by the Client Client

We do not intentionally collect special category data (racial or ethnic origin, political opinions, religious beliefs, trade union membership, genetic or biometric data, health data, sex life or sexual orientation). Please do not include such information in your résumé or free-text answers. If it appears incidentally, we process it only as an unavoidable consequence of processing the document as a whole and apply the same protections described here.

We do not knowingly collect information from anyone under 16.

2.2 Client administrator information

Name, work email address, password (stored only as a salted cryptographic hash — never in readable form), role within the account, authentication session data, and records of actions taken in the Platform.

2.3 Information we do not collect

We do not use advertising cookies, third-party marketing trackers, or behavioural advertising. We do not sell personal information, and we do not "share" it for cross-context behavioural advertising as those terms are defined under US state privacy laws.


3. Why we process it, and our legal basis

Purpose Legal basis (GDPR) Basis (PIPEDA / Canada)
Delivering the assessment you were invited to complete Contract / steps prior to contract (Art. 6(1)(b)); legitimate interests of the Client in evaluating applicants (Art. 6(1)(f)) Implied consent through voluntary participation; reasonable purposes for employment consideration
Scoring assessments and generating candidate analysis Legitimate interests (Art. 6(1)(f)) — evaluating suitability for a role, balanced against candidate rights as described in Section 4 Reasonable purposes
Protecting assessment integrity (tab-switch and session monitoring) Legitimate interests (Art. 6(1)(f)) — fairness to all candidates; disclosed to you before the assessment begins Reasonable purposes; disclosed in advance
Retaining records to defend against or establish legal claims (e.g. discrimination complaints) Legal claims (Art. 9(2)(f) where relevant); legitimate interests (Art. 6(1)(f)) Legal requirement / legitimate business purpose
Retaining candidates in a talent pool for future roles Consent (Art. 6(1)(a)) — you may withdraw at any time Express consent
Platform security, abuse prevention, rate limiting Legitimate interests (Art. 6(1)(f)) Reasonable purposes
Client account administration and billing Contract (Art. 6(1)(b)); legal obligation for financial records (Art. 6(1)(c)) Contract; legal requirement

Where we rely on legitimate interests, you have the right to object (Section 8). We have documented a balancing assessment for each such purpose and will provide a summary on request.


4. Automated processing and AI — important disclosure

The Platform uses artificial intelligence to evaluate candidates. We want you to understand exactly what this means.

What the AI does. After you submit an assessment, objective questions are scored automatically against a predetermined answer key. Written answers and, where applicable, résumés are analysed by a large language model to produce a numeric score, a summary of strengths and concerns, and a recommendation. This analysis is provided to the Client as decision-support information.

What the AI does not do. The AI does not make hiring decisions. It does not reject candidates. A human representative of the Client reviews candidate information before any advancement, rejection, or offer decision is made or communicated. Where a Client has enabled automatic advancement based on a score threshold, this only adds a candidate to a list requiring human review before any contact occurs — it does not itself produce a decision or communication.

Your rights regarding automated processing. You have the right to:

  • Obtain meaningful information about the logic involved, and the significance and envisaged consequences of the processing;
  • Request human review of any assessment outcome;
  • Express your point of view and contest an outcome;
  • Not be subject to a decision based solely on automated processing which produces legal effects or similarly significantly affects you (GDPR Art. 22).

To exercise any of these, contact privacy@upfinity.ca or the Client directly.

Accuracy and limitations. AI-generated scores and summaries are probabilistic and can be wrong. They may reflect biases present in underlying models or in the question set. They should never be treated as a definitive measure of ability. We are implementing periodic reviews of assessment outcomes for disparate impact across protected characteristics.

Regulatory notices. Where required by applicable law, including New York City Local Law 144 and comparable statutes, the Client is responsible for providing candidate notice and for obtaining and publishing an independent bias audit before using automated employment decision tools in the relevant jurisdiction. Upfinity provides supporting information to enable this. Under the EU AI Act, recruitment AI systems are classified as high-risk and subject to additional obligations; Upfinity maintains supporting technical documentation, logging, and human-oversight measures in support of compliance, and is expanding this documentation on an ongoing basis.


5. Who we share information with

We share personal information only as follows:

  • With the Client who invited you — this is the purpose of the service.
  • Service providers (sub-processors) acting on our instructions under written contract:
Sub-processor Purpose Location
Vercel Inc. Application hosting United States
Neon Inc. Database hosting United States
Google LLC Email intake (Gmail API) and résumé file storage (Drive), where a Client enables this United States
Resend / Brevo / Google (SMTP) Transactional email delivery US / EU
OpenRouter, OpenAI, Anthropic, Google LLC (Gemini), NVIDIA, and DeepSeek Assessment and résumé analysis. Clients may bring their own API key for any provider; OpenRouter is the platform default. DeepSeek is excluded from the AI provider chain for any tenant serving EU/UK candidates — those tenants route only through the remaining providers. United States (OpenRouter, OpenAI, Anthropic, Google, NVIDIA); DeepSeek: People's Republic of China, not used for EU/UK data

A current list of sub-processors is maintained at /subprocessors. We provide Clients advance notice of changes.

  • Professional advisers, auditors, and insurers under confidentiality obligations.
  • Authorities, where required by law, court order, or lawful request — we will notify affected parties unless legally prohibited.
  • In a business transaction (merger, acquisition, asset sale), subject to equivalent protection and notice.

We do not sell personal information.

Note on AI sub-processors: where a third-party AI provider processes résumé or assessment content, we contract to prohibit use of that content for model training. Clients and candidates should be aware that content is transmitted to these providers for analysis.


6. Where information is stored and transferred

Personal information is stored and processed in the United States, and may be transferred to and processed in other countries where our service providers operate.

For transfers of EU/UK personal data outside the EEA/UK, we rely on:

  • European Commission Standard Contractual Clauses (and UK International Data Transfer Addendum where applicable), together with a transfer impact assessment; or
  • an adequacy decision where one applies — noting that Canada benefits from a partial adequacy decision covering commercial activities subject to PIPEDA.

For candidates in Canada: personal information may be stored or accessed outside Canada, including in the United States, and is therefore subject to the laws of those jurisdictions, including lawful access by their courts and authorities.


7. How long we keep information

Retention is set by the Client as controller, within the limits below.

Candidate information — default schedule

Data Retention
Candidate records, assessment results, résumés and derived analysis (Canada and US) 24 months from your last interaction (assessment submission, or last stage update)
Candidate records (EU/UK) [6–12 MONTHS — SEE NOTE] from the conclusion of the recruitment process, unless you consent to longer talent-pool retention
Assessment link tokens and in-progress session data Deleted or invalidated shortly after expiry or completion
Email delivery logs Retained indefinitely, to support regulatory and legal compliance requests
Security and authentication logs Retained indefinitely, to support regulatory and legal compliance requests
Client account and billing records Duration of the agreement plus the period required by tax and corporate law (typically 6–7 years in Canada)

Note on EU retention: EU data protection authorities generally expect recruitment data to be deleted within 6–12 months of a hiring decision absent consent, tied to the limitation period for discrimination claims in the relevant member state — the exact figure above is pending confirmation.

Reminder before deletion. Where we hold a valid email address, we will send a reminder before the end of the retention period, giving you the option to consent to remain in the Client's talent pool for future opportunities. If you do not respond, deletion proceeds.

What we retain after deletion. After the retention period, we permanently delete direct identifiers — name, email address, telephone number, résumé file and résumé text, free-text answers, IP address, device identifiers, and any account or record identifier linking back to you.

We retain a statistical record containing only: the role applied for, the score band, the assessment date to the level of month and year, the coarse experience bracket, and the outcome stage reached. These records are retained indefinitely for aggregate reporting, fairness monitoring, and assessment quality analysis.

We design these records so that they cannot reasonably be used to re-identify any individual, and we do not attempt re-identification. Where a residual re-identification risk exists in a particular dataset, we continue to treat that data as personal information and honour deletion requests against it.

Earlier deletion. You may request deletion before the end of the retention period (Section 8). We will comply unless we are required or permitted to retain specific information to establish, exercise or defend legal claims, or to meet a legal obligation — in which case we will tell you what we are retaining and why.


8. Your rights

Depending on where you live, you may have the right to:

  • Access the personal information we hold about you, and receive a copy
  • Correct inaccurate or incomplete information
  • Delete your information ("right to erasure")
  • Withdraw consent where processing is based on consent, at any time
  • Object to processing based on legitimate interests
  • Restrict processing in certain circumstances
  • Data portability — receive your information in a structured, machine-readable format
  • Human review of automated assessment outcomes, and to contest them (Section 4)
  • Not be discriminated against for exercising your rights (US state laws)
  • Complain to a supervisory authority

How to exercise them. Contact privacy@upfinity.ca. We will respond within 30 days (PIPEDA) or one month (GDPR, extendable by two further months for complex requests, with notice). We do not charge a fee unless a request is manifestly unfounded or excessive. We may need to verify your identity before acting.

If your information is held on behalf of a Client, we will forward your request to that Client and support them in responding.

Complaints.

  • Canada: Office of the Privacy Commissioner of Canada — priv.gc.ca
  • EU: your national supervisory authority
  • UK: Information Commissioner's Office — ico.org.uk
  • Elsewhere: your local data protection authority

9. How we protect information

Measures include: encryption in transit (TLS) and at rest; passwords stored only as salted hashes; encrypted storage of third-party access credentials; strict logical separation of each Client's data; role-based access control with individual administrator accounts; session authentication with CSRF protection; rate limiting and abuse detection; time-limited, single-use assessment links; and audit logging of significant actions.

No system is perfectly secure. Where a breach creates a risk to your rights and freedoms, we will notify the relevant supervisory authority within 72 hours (GDPR) and affected individuals without undue delay, and will report to the Office of the Privacy Commissioner of Canada where the breach poses a real risk of significant harm (PIPEDA).


10. Cookies and similar technologies

We use only strictly necessary cookies and browser storage: an authentication session cookie for administrators, a CSRF protection token, and local storage on the candidate assessment page to preserve answers if a connection drops. We do not use analytics, advertising, or tracking cookies. Strictly necessary cookies do not require consent, but we describe them here for transparency.


11. Changes to this policy

We will post any changes here with an updated effective date. For material changes affecting how we use your information, we will provide advance notice to Clients and, where practicable and required, to affected candidates.


12. Contact

Upfinity Inc. 140 Carlton Street, Toronto, ON, M5A 3W7, Canada Privacy enquiries: privacy@upfinity.ca Privacy Officer: Upfinity Inc. EU/UK Representative: Upfinity Inc., 140 Carlton Street, Toronto, ON, M5A 3W7, Canada

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