Software & Services Privacy Policy

Table of Contents

1. Scope

2. General Principles

3. Notification of Changes

4. What personal information we collect

5. Use and Disclosure of Collected PII

6. Your Rights

7. Sale of Business

8. Changes to Policy

 

1. Scope

This policy applies to subscribers of Aquatic Informatics software and services. Please note this policy aligns itself with Aquatic Informatics’ internal Information Security Management System Policies.

2. General Principles

Aquatics Informatics ULC and its affiliates of Unit 1010, 601 West Hastings Street, Vancouver, BC V6B 1M8 (“AQI”) has established this privacy policy to comply with regulation and with the highest possible standards for safeguarding information security and privacy. This privacy policy governs the use of any information you provide to us through AQI service offerings or by using AQI’s software (“Service Offering”). The privacy policy also describes how we will use such information and the limited circumstances in which:

• Your information will be stored in a manner so as to comply with all applicable laws.
• If you object to your personal information being transferred or used as described in this Privacy Policy, please do not use the Service Offerings or obtain any software or services from AQI.
• Please note that this privacy policy does not apply to any information you supply to third party sites which may be linked from the Service Offerings.
• If you, as a Subscriber to our Service Offering have questions or concerns regarding this statement, please contact AQI.
• You expressly consent to our use and disclosure of your personal information in the manner described in this Privacy Policy by using AQI’s Service Offering or obtaining software from AQI.
• Policy is incorporated into and subject to the terms under which AQI provides Service Offerings or licenses software.
• AQI have appointed a data protection officer in countries where we are required to do so. For contact details of our data protection officers, please click here.
• AQI and, if applicable, its affiliates which you interact with are responsible for the processing of your personal data as described in this Policy.
• Please note that AQI maintain a separate AQI Website Privacy Policy to governs the use of AQI’s website (the “Site”).

3. Notification of Changes

If we decide to change this privacy policy, we will inform you so you may review such changes. Any changes will be effective immediately. If you do not agree to such changes then please contact us and we will not use your information in the new manner. We will only use information in accordance with the privacy policy under which your information was collected and to which you agreed.

4. What personal information we collect

4.1 Information We Collect

We collect the following personal information from you in order to provide you with the Service Offering (“PII”).

• Organization
• Name and title
• Email, phone or other contact information
• Login/username, password,
• Knowledge based questions and answers,
• Information about your role with organizations such as industry entities or governmental/regulatory authorities that use the Service Offerings.

4.2 Web and Internet Traffic Information

Due to the technical nature of providing the Service Offering, we may also obtain the following information:

• the IP address of your server(s);
• which features of the Service Offering you use;
• the times you access our Service Offering;
• the type of device you use to access our Service Offering;
• the type of browser you use to access the Service Offering;
• the content of any undeleted cookies that your browser previously accepted from us;

We use this collected information only to try to understand your preferences better and to manage the load on our servers, so as to improve our service, analyze trends, administer the service, improve service performance, and gather broad demographic information for aggregate use. We do not track the websites that you visit before or after you leave our Service platform.

4.3 Our use of “Cookies”

“Cookies” are small files of data that reside on your computer and allow us to recognize you as a AQI user if you log in to the Service Offering using the same device, computer or browser. We send a “session cookie” to your computer/device if and when you log in to your AQI account by entering your email address and password. These cookies allow us to recognize you if you use multiple functionality of the Service Offering during the same session, so that you don’t need to re-enter your password multiple times. Once you log out or close your browser, these session cookies expire and no longer have any effect. Disabling Cookies – Most web browsers are set up to accept cookies. You may be able to set your browser to warn you before accepting certain cookies or to refuse certain cookies. However, if you disable the use of cookies in your web browser, some features of the Service Offerings may be difficult to use or inoperable.

4.4 Customer service correspondence

If you send us correspondence, including emails or messages, we retain such information in the records of your account. We will also retain all related correspondence from AQI to you and all related records. We retain these records in order to measure and improve our customer service, or as required to comply with applicable law and/or regulation.

4.5 Questionnaires, surveys or profile data

From time to time, we may offer optional questionnaires and surveys to our users for such purposes as assessing users’ interests and needs. The use of the information collected will be explained in detail in the survey itself. If we collect personally identifiable information from our users in these questionnaires and surveys, the users will be given notice of how the information will be used prior to their participation in the survey or questionnaire.

4.6 Aggregated Data

Using the Service Offerings it is possible to collect aggregated anonymized data which is collected and stored without association with personal information and does not identify Customer in any way (“Aggregated Data”). All Aggregated Data is and will be, as between AQI and Customer, the property of AQI and not considered to be personal information.

5. Use and Disclosure of Collected PII

5.1 Internal Uses

We use the PII we collect about you in order to:

• verify your identity;
• provide our services;
• improve our services;
• communicate with you;
• authenticate your account, manage your account and provide you with support and maintenance;
• enforce our terms and conditions for use of the Service Offerings;
• manage and safeguard our business and security;
• perform functions as otherwise described to you at the time of collection; and
• to comply with legal and regulatory requirements;

We limit access to PII to those employees and agents who need to know the information to provide products and services to you.

Below is a summary of the purposes we collect PII.

Purpose	Legal Basis
Communicate with you	Legitimate interest
Send newsletters that you have opted to receive	Consent
Process and complete your product purchases and service engagements	Contractual
For marketing purposes, such as delivering personalized information about our products and services, conducting market research, and carrying out customer satisfaction surveys	Consent or legitimate interest
Conduct assessments and evaluations, including due diligence activities, particularly in the context of mergers and acquisitions	Legitimate interest or legal obligation
Facilitate corporate transactions, including sales, restructures, mergers, joint ventures, or other business dealings involving our assets or stock	Legitimate interest or legal obligation
Comply with legal and regulatory obligations and respond to official requests	Legal obligation
Establish, assert, or defend against legal claims	Legitimate interest
Detect and prevent security incidents and protect against malicious or illegal activities	Legitimate interest
Ensure the appropriate use of our products and services and continuously improve them	Legitimate interest
Perform administrative tasks necessary for the operation of our business	Legitimate interest
Conduct quality assurance to maintain high standards in our products and services	Legitimate interest
Establishment, exercise or defense of legal claims	Legal obligation or Legitimate interest

 

5.2 Disclosure to Third Parties

We will not disclose any PII information to third parties except in the limited circumstances described below, or with your express permission. These third parties are limited by law or by contract from using PII for secondary purposes beyond the purposes for which the information is disclosed. We disclose information appropriate to the circumstances as determined in our sole unfettered discretion.

We disclose PII in response to a subpoena, warrant, court order, levy, attachment, order of a court-appointed receiver or other comparable legal process, including subpoenas from private parties in a civil action.

If we merge or are acquired by another company then the successor company would have access to PII but would continue to be bound by this Privacy Policy.

We may share PII with our authorized service providers that perform certain services on our behalf. These services may include hosting or data colocation. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.

We disclose PII and any other information that we are required by applicable law to disclose to applicable parties including, without limitation, law enforcement authorities, regulators or auditors.

5.3 Our contacts with you

We communicate with users on a regular basis via email or other electronic means to provide requested services. We also communicate by phone to resolve customer complaints. We use your email address or phone number to: confirm various transactions related to your use of the Service Offering (including opening an AQI user account, changing user account passwords or adding or deleting authorized technical contacts); to send you notice of delivered messages, to send information about important changes to AQI’s products and services; to inform you about new pricing or products or services; to alert you to public security or privacy threats; and to send notices and other disclosures required by law. Generally, users cannot opt out of these communications, but they will be administrative in nature.

5.4 Communications

We communicate with users on a minimal basis for the purpose of AQI Service Offering communication, unless you opt-out of these communications, sent as an option in each communication. Communications may include, without limitation, email to explain new AQI products or services, new AQI Service Offering functionality or surveys for example.

5.5 Retention and deletion of information

We retain all records related to messages sent or received via AQI, your personal identification or any other information about you or pertaining to you for as long as you have an AQI account. When you become an AQI user, we also retain records and information about you throughout the application process. Once we terminate your AQI account, subject to applicable laws requiring us to retain records, AQI will delete any PII you have provided to AQI in relation to your use of the AQI Service Offering. Other terms in respect of PII retention are as follows:

(a) We will keep PII used to make a decision affecting you for at least one year after using it to make the decision.

(b) We will destroy PII as soon as it is reasonable to assume that the original purpose is no longer being served by retention of such PII and retention is no longer necessary for a legal or business purpose.

(c) We will take due care when destroying PII so as to prevent unauthorized access to the information.

5.6 Accessing your information and exporting it

You have the ability to review and update your PII by logging into your AQI account. You can also review and update your PII by contacting us. More information about how to contact us is provided below. Other terms applicable to reviewing your PII is as follows:

Upon written request to us, and authentication of identity, we will provide you your PII under our control. We will also give you information about the ways in which that PII is being used and a description of the individuals and organizations to whom that PII has been disclosed. We may charge you a reasonable fee for doing so and will make the information available within 30 days of receiving your request.

In some situations, we may not be able to provide access to certain PII (e.g., if disclosure is prohibited by law, or would reveal personal information about another individual, the personal information is protected by solicitor/client privilege, the information was collected for the purposes of an investigation or where disclosure of the PII would reveal confidential commercial information. Where an access request is refused, we will notify you in writing, document the reasons for refusal and outline further steps which are available to you.

You can disable your AQI account by request. We can disable, suspend or terminate it on terms applicable to the Service Offering you obtain from AQI. You can permanently disable and/or delete your AQI account at any time by contacting us.

These terms remain in effect after your account is disabled, suspended or terminated.

You can export a copy of content (including PII) if you want to disable or terminate your account provided you are current in payment of all fees due to AQI or not in breach of any agreement applicable to the Service Offering you are obtaining from AQI. Contact customer support for assistance in this.

We try to ensure that our Service Offering protects information from accidental or malicious deletion. Because of this, there may be delays between when you delete something and when copies are deleted from our active and backup systems.

5.7 Storage

Except to the extent we agree otherwise in writing, we may transfer PII across provincial, state or national borders to fulfill any of the above purposes, including to service providers located in the United States, Canada and other jurisdictions who may be subject to applicable disclosure laws in those jurisdictions. You may contact us to obtain information about our policies and practices regarding our use of service providers outside of your country, or to ask questions about the collection, use, disclosure or storage of PII by our foreign service providers

5.8 Incident Management

AQI maintain an Incident Management process, including the detection, reporting, and responding to data breaches. Reporting of data breaches including the timely notification to relevant customers.

5.9 Data Processing Agreement

Data processing is governed by our Data Processing Agreement (DPA), which forms part of the contractual terms for our Service Offerings. The DPA outlines the roles and responsibilities of both parties, the security measures implemented to protect personal data, and compliance obligations under applicable data protection laws (including GDPR and similar regulations).

6. Your Rights

Depending on the applicable law, you may have the right to:

• Object to the processing of your personal data;
• Request access to your personal data and obtain a copy of your personal data;
• Request correction of your personal data should your personal data be inaccurate, incomplete, or obsolete;
• Request erasure/deletion of your personal data;
• Withdraw your consent to future processing where we processed personal data based on your consent;
• Request restrictions on the processing of your personal data, including restricting the sale of or sharing of your personal data;
• Request the transfer of your personal data to yourself or a third party;
• Complain to a supervisory authority if you believe that our processing of your personal data infringes applicable data protection laws.

To exercise a right that you believe you may be entitled to under applicable law you can contact us directly by submitting a request through privacy@aquaticinformatics.com. We may need to verify your identity before we fulfil your request or, under applicable law, we may be unable to action your submission. We shall notify you in a timely manner of such decisions or requirements as necessary.

7. Sale of Business

If we are involved in a sale or transfer of all or some of our business assets or operations via a share or asset transaction, your personal data may be transferred to the acquiring organization who will be required to take at least the same or higher standards of care in the treatment of your personal data. Should such a sale or transfer occur, if required by law, you will be informed about this. 

8. Changes to Policy

From time to time we may update this Policy. The most updated copy will be found on our website. Please check our site periodically for updates.