Privacy Policy

SHEARWATER RESEARCH PRIVACY POLICY

Last Updated: November 10, 2016.

Your privacy is important to Shearwater Research Inc. (“Shearwater”). This Privacy Policy explains how Shearwater collects, uses, discloses, retains and deletes your personal information, including information collected by Shearwater as a result of your use of Shearwater’s website, Shearwater services (including the Cloud service), Shearwater software (including computer software and mobile apps) and Shearwater products.

This Privacy Policy applies to all Shearwater products and services that do not have their own, specific privacy policy.

This Privacy Policy is accessible on www.shearwater.com and can be reviewed at any time. Shearwater encourages you to read this information and to understand the privacy settings.

Your Consent

By providing Shearwater with your personal information, you consent to the collection, use, disclosure, retention, and deletion of that information in accordance with this Privacy Policy and as otherwise permitted by applicable law.

If you are under the age of majority in the jurisdiction in which you live (which in most jurisdictions is either 18 or 19 years of age), then your parent or legal guardian must submit orders or register for Shearwater products and services (including registering for the Cloud service) on your behalf, and by doing so your parent/guardian consents, and confirms that you consent, to the collection, use, disclosure, retention, and deletion of your personal information in accordance with this Privacy Policy and as otherwise permitted by applicable law.

Personal Information

In this Privacy Policy, “personal information” means information about an identifiable individual.

Information That Shearwater Collects

(a) Information You Provide

You may give your personal information to Shearwater when you interact with Shearwater, including when you purchase a product or service from Shearwater through Shearwater’s dealer network, when you register a Shearwater product, when you download, register or use Shearwater software or when you register for or use a Shearwater service (including the Cloud service). In those circumstances, you can choose not to provide certain requested personal information, but then you might not be able to proceed with your intended interaction or otherwise receive the full benefit of Shearwater products, software, or services.

You may give your personal information to Shearwater by connecting Shearwater products, software, and services (including the Cloud service) to third party services (such as Facebook™), so that your personal information and other content is shared between Shearwater products, software and services, and the third party services.

You may give Shearwater the personal information of other individuals (such as your family or friends) when you post information or content about those persons to the Cloud service or in other situations. Please ensure that you have the consent of those individuals before you provide their personal information to Shearwater.

(b) Information that Other Persons Provide

Other users of Shearwater products, software, and services may provide Shearwater with information about you. Shearwater relies on those other users to obtain your consent to their disclosure of your personal information to Shearwater and to Shearwater’s use, disclosure and retention of the information that they provide to Shearwater.

Shearwater will respect the choices you make regarding the automated collection of your personal information as indicated in the settings of your Shearwater products, software and services (including your account profile for the Cloud service). For more information about those settings, please contact Shearwater at privacy@Shearwater.com.

Shearwater may automatically collect certain non-personal information regarding your use of Shearwater services (including the Cloud service), such as the dates and times that you access a service, the browsers, operating systems, software, and devices that you use to access a service and details of your use of a service. Shearwater may use that information for various purposes, including to administer and improve Shearwater products and services.

Shearwater products and software (including mobile apps) may collect and store information locally and then transmit that information to Shearwater when you connect the product or device to Shearwater services (including the Cloud service).

If you connect a Shearwater product to Shearwater software or a Shearwater service, the software or service may automatically collect certain information regarding the product and your use of the product. Shearwater may use that information to provide you with technical support regarding the product and to improve Shearwater products, software and services. For more information, please contact Shearwater at privacy@Shearwater.com.

Shearwater software may be configured to transmit to Shearwater certain diagnostic information and other information regarding your use of the software and related products and devices. Shearwater may use that information to provide you with technical support regarding the software or to improve Shearwater products, software and services. For more information, please contact Shearwater at privacy@Shearwater.com.

Shearwater’s website, online services, email messages, and advertisements may use “cookies” and other similar technologies, such as web beacons and pixel tags. Those technologies collect information that assists Shearwater to improve products, software and services, and customer communications. Shearwater may use information collected through technological means to recognize you as a user of Shearwater’s website or online services and to facilitate and improve your use of Shearwater’s website and online services. Shearwater may use web beacons, pixel or gif tags, and action tags to confirm that email messages have been delivered to and opened by you.

Much of the information that is automatically collected by technological means is non-personal information (because the information does not identify you), and Shearwater will deal with that non-personal information as explained below in this Privacy Policy unless applicable law requires otherwise.

You may choose to decline or disable cookies if your web browser or device permits, but doing so may affect your ability to access or use certain features of Shearwater’s website, products and services. You may not configure Shearwater software (including certain operating system software installed on certain Shearwater products). For more information, please contact Shearwater at privacy@Shearwater.com.

How Shearwater Uses Personal Information

Shearwater will respect the choices you make regarding the disclosure of your personal information as indicated in the settings of your Shearwater products, software and services (including your account profile for the Cloud service). For more information, please contact Shearwater at privacy@Shearwater.com..

Shearwater uses your personal information for various purposes, including: (a) to provide you with services (including to create and manage your accounts for Shearwater services) and to improve your experience; (b) to administer Shearwater’s relationship with you, including to contact and correspond with you regarding products and software you have purchased, downloaded or registered with Shearwater and Shearwater services for which you have registered; (c) to process and respond to your inquiries, requests and other communications with Shearwater; (d) to provide you with general information regarding Shearwater and its products and services, to the extent permitted by applicable law; (e) to administer and facilitate your participation in contests and promotions related to Shearwater products, software and services; (f) to maintain, protect and improve Shearwater products, software and services to develop new products, software and services; and (g) to protect and enforce Shearwater’s legal rights, interests and remedies and to protect the business, operations and customers of Shearwater or other persons.

Shearwater may combine your personal information collected by Shearwater through various sources (including information collected through Shearwater’s website and services and from Shearwater products and software).

Shearwater may use personal information to create non-personal information, and Shearwater may then use, disclose, transfer and retain the non-personal information as explained below in this Privacy Policy.

How Shearwater Discloses Personal Information

Shearwater will respect the choices you make regarding Shearwater’s disclosure of your personal information as indicated in the settings of your Shearwater products, software and services (including your account profile for the Cloud service). For more information, please contact Shearwater at privacy@Shearwater.com.

(a) Information That You Share

You may use Shearwater software and Shearwater services to share your personal information and other information (including the personal information of other individuals) and content (including photographs and videos of you and other persons) with other users of Shearwater services (including the Cloud service) and with other third party services (such as Facebook™). When you do so, the information and content that you share can be read, collected, used, retained and disclosed by other persons and by the operators of other services.

You are solely responsible for the information and content that you choose to share with other users or with third party services (such as Facebook™). Shearwater has no control over, or responsibility or liability for, the way in which the information or content that you share is collected, used, retained, or disclosed by other persons or by third party services. Shearwater encourages you to be careful when you share information or content.

(b) Specific Consents

In addition, Shearwater may disclose your personal information in accordance with the specific consents that you give when you provide the information to Shearwater and in accordance with the terms of use, terms of service or other agreements that you accept when you order Shearwater products, download or install Shearwater software, or register for Shearwater services.

Shearwater may disclose your personal information to Shearwater’s trusted suppliers and service providers to assist Shearwater in the provision of services to you, to provide products and services to Shearwater (including to conduct customer research and satisfaction surveys and to provide customer communications, data processing and data management and marketing services), to assist Shearwater to use your personal information in accordance with this Privacy Policy, and as otherwise permitted by applicable law.

(d) Law Enforcement/Legal Disclosures

Your personal information may be subject to access by, and disclosure to, law enforcement agencies in accordance with applicable law. Shearwater may disclose your personal information as required or authorized by applicable law, including to comply with a subpoena, warrant or court or arbitral order or litigation disclosure obligation. Shearwater may disclose your personal information to law enforcement agencies or other organizations if Shearwater reasonably believes the disclosure is necessary or appropriate in connection with national security, law enforcement or other issues of public importance, or if Shearwater reasonably believes the disclosure is necessary or appropriate to protect and enforce Shearwater’s legal rights, interests and remedies or to protect the business, operations or customers of Shearwater or other persons (including to enforce any of the terms of use, terms of service or other agreements that govern access to or use of any Shearwater products, software and services). Shearwater has no control over, or responsibility or liability for, the use, disclosure, retention and deletion of your personal information by the agencies, organizations or other persons to whom Shearwater discloses the information in the foregoing circumstances, and the use, disclosure, retention and deletion of the disclosed information by those agencies, organizations or other persons is not subject to this Privacy Policy.

(e) Shearwater Business Transactions

Shearwater may disclose your personal information in connection with a proposed or actual business transaction in which Shearwater is involved (such as a corporate reorganization, merger or acquisition, or the sale of some or all of Shearwater’s business or assets), but Shearwater will require the information recipient agree to protect the privacy of your personal information in a manner that is consistent with this Privacy Policy and applicable law.

Location of Personal Information

Shearwater may process, store and use your personal information at facilities in various countries, including Canada and the United States of America. The personal information protection laws of those other countries might be different from the laws of jurisdiction in which you reside, and might permit courts, government, law enforcement agencies, regulatory agencies and security authorities to access your personal information without notice. By providing Shearwater with your personal information, you consent to the transfer of your personal information to facilities located in other countries and the processing and storage of your personal information at those facilities.

Retention and Protection of Personal Information

Shearwater retains your personal information for the period reasonably necessary for the purposes set forth or referenced in this Privacy Policy or a longer retention period required or permitted by applicable law. Shearwater will delete or dispose of your personal information when Shearwater is no longer reasonably required to retain the information for the purposes set forth or referenced in this Privacy Policy or for legal compliance purposes.

Shearwater employs reasonable safeguards – including administrative, physical and technical security and safeguarding measures and solutions – appropriate to the sensitivity of the personal information in Shearwater’s possession or under Shearwater’s control in order to protect the information from unauthorized access, collection, use, disclosure, disposal or similar risks. Nevertheless, security risks cannot be eliminated and Shearwater cannot guarantee that your personal information will not be used or disclosed in ways not otherwise described in this Privacy Policy.

Accuracy and Access to Personal Information

Shearwater will rely on you to ensure that your personal information is as accurate, complete and up to date as necessary for the purposes for which Shearwater uses the personal information. You will promptly notify Shearwater of any changes to your personal information (including your Cloud account information) using the procedures made available for that purpose by Shearwater, including by updating your information through Shearwater’s website or using the Cloud service or by contacting Shearwater at privacy@Shearwater.com.

You may reasonably request access to your personal information and information about Shearwater’s collection, use, disclosure, retention and deletion of your personal information by submitting a written request to Shearwater at privacy@Shearwater.com. Subject to applicable exceptions and limitations prescribed by applicable law, you will be given reasonable access to your personal information and you will be entitled to challenge the accuracy and completeness of your personal information and to have the information amended as appropriate.

Shearwater may decline to process a request that is unreasonably repetitive, frivolous, vexatious or impracticable, that infringes or jeopardizes the privacy of other persons, or for which access is not required by applicable law.

Shearwater attempts to provide services in a manner that protects information from accidental or malicious destruction. Because of that, after you delete your information or content from Shearwater services, Shearwater might not immediately delete residual copies of the information or content from Shearwater’s systems.

Non-Personal Information

Shearwater creates and collects non-personal information (information that is not about an identifiable individual), including personal information that has been aggregated or otherwise depersonalized so that it no longer relates to an identifiable individual. Shearwater may use, disclose, transfer and retain non-personal information for any purpose and in any manner whatsoever.

If non-personal information is combined with personal information, then Shearwater will treat the combined non-personal information as personal information for the purposes of this Privacy Policy for as long as the non-personal information is combined.

Other Matters

(a) App Store Operators: You may obtain a copy of Shearwater software (including a mobile app) from an online app store operated by an unaffiliated third party (such as Apple and Google). You may be required to disclose your personal information to an app store operator in order to download a copy of Shearwater software. Shearwater has no control over, or responsibility or liability for, the collection, use, disclosure, retention and deletion of your personal information by any app store operator. Each app store operator’s use, disclosure, retention and deletion of your personal information are governed by the app store operator’s own privacy policy (not this Privacy Policy).

(b) Business Contact Information: To the extent permitted by applicable law, the provisions of this Privacy Policy concerning personal information do not apply to information (such as your name, position or title, business address, business telephone number, business fax number and business email address) that enables you to be contacted at a place of business.

(c) Other Shearwater Agreements: The agreements that you accept when you order or register for Shearwater products and services or install Shearwater software contain important provisions, including provisions disclaiming, limiting or excluding Shearwater’s liability and provisions determining the applicable law and exclusive jurisdiction for the resolution of disputes. To the extent permitted by applicable law, each of those provisions applies to any dispute that may arise in relation to this Privacy Policy or Shearwater’s collection, use, disclosure, retention and deletion of your personal information, and are of the same force and effect as if they had been reproduced directly in this Privacy Policy.

(d) Children: Shearwater does not knowingly collect personal information from or relating to children who are under 13 years of age (or equivalent minimum age in the relevant jurisdiction) without the consent of the child’s parent or legal guardian. Shearwater expects parents/guardians to supervise and monitor their child’s disclosure of personal information to Shearwater. Children who are under 13 years of age (or equivalent minimum age in the relevant jurisdiction) are not permitted to register a Shearwater product or register for a Shearwater service. Please immediately contact Shearwater at privacy@Shearwater.com if you believe that Shearwater has unintentionally collected personal information from a child under 13 years of age (or equivalent minimum age in the relevant jurisdiction) without the consent of the child’s parent/guardian. If Shearwater learns that it has inadvertently collected the personal information of a child under 13 years of age (or equivalent minimum age in the relevant jurisdiction) without appropriate parent/guardian consent, then Shearwater will use reasonable efforts to delete that information from Shearwater’s systems (except to the extent that retention of the personal information is required or permitted by applicable law). If a parent/guardian needs to access, correct or delete data submitted by their child, they may contact Shearwater at privacy@Shearwater.com.

(e) Other Websites/Services: Shearwater’s website, products, software, and services may contain links or connections to other websites or services. When you use those links or connections, you are contacting another website or service. Shearwater has no responsibility or liability for, or control over, those other websites or services or their collection, use, disclosure, retention and deletion of your personal information. Please refer to the privacy policies and terms of use that apply to those other websites or online services.

(f) Contacting Shearwater: If you have any comments or questions about this Privacy Policy or how Shearwater deals with your personal information, please contact Shearwater by mail, facsimile or email at: Shearwater Research Inc. – Privacy, Unit 250, 13155 Delf Place, Richmond, British Columbia, V6V 2A2, Canada, email: privacy@shearwater.com.

(g) Changes to this Policy: Shearwater may change this Privacy Policy from time to time by posting a new version of this Privacy Policy on Shearwater’s website. Shearwater’s collection, use, disclosure, retention and deletion of your personal information will be governed by the version of this Privacy Policy in effect at that time. Your continued dealings with Shearwater subsequent to any changes to this Privacy Policy will signify your consent to the collection, use, disclosure, retention, and deletion of your personal information in accordance with the changed Privacy Policy. Accordingly, you should check the “Last Updated” date of this Privacy Policy (at the top of this Privacy Policy) and review any changes since the last version.