TSUNAMI SOLUTIONS LTD PRIVACY POLICY
Your privacy is important to us. Tsunami Solutions Ltd., its subsidiaries and affiliates (collectively, “Tsunami“, “us“, “we“) are committed to maintaining the privacy, security and accuracy of the personal information they collect, use and disclose in accordance with applicable legislation. This privacy policy (the “Privacy Policy“) is a statement of principles and guidelines concerning the protection of personal information of our individual clients, individual service providers and other individuals (“you“) (with the exception of our personnel, whose personal information is collected, used and disclosed in accordance with our Personnel Privacy Policy).
CONSENT
BY SUBMITTING PERSONAL INFORMATION TO TSUNAMI OR ITS AGENTS, YOU AGREE THAT WE MAY COLLECT, USE AND DISCLOSE SUCH PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY, THE PRIVACY PREFERENCES YOU HAVE MADE KNOWN TO US AND AS PERMITTED OR REQUIRED BY LAW. Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the identified purposes at any time by contacting us. If you refuse or withdraw your consent, we may not be able to provide you or continue to provide you with certain services or information that may be of value to you.
1. Who are we?
Tsunami is an established national and international leader in remote monitoring services. The Tsunami Scatterling™ product has long been recognized as the premiere safety option for remote worker safety monitoring. The speed and efficiency of Scatterling™ has ensured the safety and quick emergency response of countless workers in many different fields. This effective and simple system has proven time and time again to provide effect response in emergency situations as well as to provide peace-of-mind that workers are safe and secure.
2. What personal information do we collect?
Canadian privacy legislation defines personal information broadly as information about “an identifiable individual” or as information that allows an individual to be identified. The types of personal information that we may collect from you from time to time include: your name, address, telephone number, e-mail address, your alternate telephone number (e.g. during a vacation), payment information (for billing purposes), your billing preferences (such as “quarterly”, “monthly”, etc.). In addition, from time to time, we may ask you to provide us with more detailed information regarding your, occupation, and contact information. For example, in the case of an emergency we need to know who to contact in order to aid Scatterling™ users.
3. Why do we collect your personal information?
We collect your personal information for the purposes listed below:
(a) To provide the product, service or information you requested
If you are a customer of one of our services, we use your name, telephone numbers and address (postal and/or e-mail) in order to deliver the product, service or information you requested and to follow up with you about the transaction (i.e., send a bill, notify you that your subscription is expiring, etc.).
(b) To process payment
Your credit card number, debit card number, or banking information for pre-authorized payments is used only for processing payments and for presenting you with payment options – not for marketing purposes.
(c) To send you information
From time to time we may send you further information about our company, its offers, or other products produced under its name.
(d) Other purposes
In addition, from time to time, we may use your personal information for the following purposes:
to detect and protect Tsunami and other third parties against error, fraud, theft and other illegal activity, and to audit compliance with Tsunami policies and contractual obligations;
to understand your needs and preferences, including to contact and communicate with you and to conduct surveys, research and evaluations;
to obtain audited statements regarding numbers of subscribers per service;
to engage in business transactions, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Tsunami;
for any other purpose we may indicate to you from time to time.
4. To whom do we disclose your personal information?
We may disclose your personal information to the following third parties in the following circumstances:
(a) Disclosure to Service Providers We may disclose your personal information to other companies that provide services on our behalf, including label printers, invoice printers, fulfillment contractors, auditors, our software developers (including website developers and hosts), data processing, document management and office services. In addition, we may disclose your personal information to an organization or individual retained by Tsunami to evaluate your creditworthiness or to collect debts outstanding on an account or to our auditors. We will only provide those companies the information they need to deliver the service and they are prohibited from using that information for any other purpose.
(b) Disclosure to Affiliates and Business Units We may disclose your personal information to any of the companies and business units that form part of the Tsunami group (i.e. amongst Tsunami Solutions Ltd., its subsidiaries and affiliates) in order to serve you better and to provide you with information about our group’s products and services.
(c) Disclosure in Business Transfers Tsunami may be involved in the sale or transfer of some or all of its business. As part of that sale or transfer, Tsunami may disclose your personal information to the acquiring organization, but will require the acquiring organization to agree to protect the privacy of your personal information in a manner that is consistent with this Privacy Policy.
(d) Law Enforcement and Legal Disclosure Tsunami may disclose your personal information to a government institution that has asserted its lawful authority to obtain the information or where Tsunami has reasonable grounds to believe the information could be useful in the investigation of unlawful activity, or to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with court rules regarding the production of records and information, or to Tsunami’s legal counsel.
If you would prefer for us NOT to share your information as described above in sections 4(a)-4(d), simply inform us (see “Contact Us” below).
5. Control of your personal information
At Tsunami, we want you to be able to maintain control over how we use your personal information. In particular:
You may have the right to “opt out” of some or all of the identified purposes, uses and disclosures listed in sections 3 and 4 above.
You always have the option to instruct us not to use your name, address, e-mail address, etc. beyond providing you with the product, service or information you requested. See “Contact Us” below.
E-mail communications will always include an identification of the sender.
As mentioned above, we may not be able to provide you with our services if you withdraw your consent to our use of your personal information.
6. Where is your personal information stored?
Your personal information is stored in secured locations and on servers controlled by Tsunami, located either at our offices or at the offices of our service providers. For access to your personal information, please contact our Chief Privacy Officer using the contact information in the “Contact Us” section below.
7. How can you access your personal information?
Upon written request, subject to certain exceptions, Tsunami will inform you of the existence, use, and disclosure of your personal information and will give you access to that information. Access requests should be sent to our Chief Privacy Officer, using the contact information in the “Contact Us” section below.
8. How do we protect your personal information?
We make every reasonable effort to protect against the loss, misuse, and alteration of personal information under our control. Our security policies are periodically reviewed and enhanced as necessary.
Only authorized employees and suppliers have access to your personal information. Where information is sent to a third party for processing, we make sure, through our contracts with them, that all your information is kept secure. We keep your information for the time we are providing you with a product or service, and for a reasonable time thereafter in the event that you wish to resume service.
We operate secure data networks protected by industry standard firewall and password protection systems. Credit card information is processed using industry-standard encryption and security. We do not collect personal information from bulletin boards or forums. However, we cannot guarantee that personal information voluntarily disclosed in chat rooms or discussion boards will not be collected and used by others, which may result in unsolicited messages to you from other parties.
9. Privacy and our websites
Tsunami sometimes collects personal information through its various websites. In this section, we provide you with additional information regarding such collection.
Cookies – When an individual visitor accesses the Tsunami websites, we may use a browser feature called a “cookie” to collect information such as the type of Internet browser and operating system the visitor uses, the domain name of the websites from which the visitor came, date and duration of the visit, number of visits, average time spent on our websites, pages viewed and number of cookies accumulated. A cookie is a small text file containing a unique identification number that identifies the visitor’s browser, but not necessarily the visitor, to our computers each time our websites are visited. Unless a visitor specifically informs us (e.g. by enrolling for our services or sending us correspondence from the websites), we will not know who the individual visitors are. In addition to the identified purposes described in our Privacy Policy, we may use this website information and share it with other organizations with whom we have a commercial relationship to measure the use of our websites and to improve the functionality and content of the websites. Visitors can reset their browsers either to notify them when they have received a cookie or refuse to accept cookies. However, if a visitor refuses to accept cookies, he or she may not be able to use some of the features available on our websites.
Online Communications – In order to provide our website visitors with a product, service or information, visitors may voluntarily submit personal information to us for purposes such as asking a question, obtaining information, subscribing to, reviewing or downloading a publication, participating in contests and surveys. If you are known to Tsunami as a registered user of an online service, we may combine and store personal information about your use of our websites and the online information you have provided with certain other online and offline information we may have collected.
E-Mail Communications – Occasionally, we may send marketing or promotional e-mail communications to you with information that may be useful, including information about the products and services of Tsunami and other third parties with whom we have a relationship. We will include instructions on how to inform us of preferences if recipients decide they do not want to receive any future marketing or promotional e-mails from Tsunami.
Also, if you send us an email message, we may retain that message and your email address, as well as any response we send you.
Searches – For your convenience, search functions are sometimes provided on our websites. We keep logs of the words searched to learn more about what kind of information our visitors are seeking, and thus improve our services.
Hyperlinks – For your convenience, Tsunami’s websites sometimes contain hyperlinks to websites managed by third parties. By activating these hyperlinks, you will leave Tsunami’s websites for those of the third parties, which may have different privacy policies and practices than Tsunami. Tsunami cannot be held liable for the use of such third party websites.
Advertising to Children – We believe that none of Tsunami’s websites appeal directly to children of 13 years old or less. We do not knowingly direct our advertising at children under the age of 13, except as permitted by law.
Individuals Under 18 – No personal information should be submitted or posted on our websites by individuals under 18 years of age without their parent’s or guardian’s permission. We may request name, address, phone number, email address and date of birth from an individual under 18 years of age for contest participation so that we may notify him or her if selected as a winner. In the event we do so, we will request their parent’s or guardian’s consent prior to collection.
No information collected from online guests under 18 years of age is used for any marketing or promotional purposes whatsoever by Tsunami. Unless otherwise disclosed at collection, we do not provide any personal information collected through any Tsunami website from individuals under 18 years old, regardless of its source, to any third party for any purpose whatsoever.
10. Changes to the Privacy Policy
Tsunami reserves the right to modify or supplement this Privacy Policy at any time. If we make a change to this Privacy Policy, we will post such change on our websites and make such revised policy and change available upon request to the Tsunami Chief Privacy Officer. However, Tsunami will obtain the necessary consents required under applicable Privacy Laws if it seeks to collect, use or disclose an individual’s personal information for purposes other than those to which consent is obtained unless otherwise required or permitted by law.
Prior to January 1, 2004 some Tsunami websites may have collected personal information, such as e-mail address, using privacy policies which differ from the statement above. In such cases where information has already been provided, customers will be contacted and informed of the new policy practices before any new use is made of their personal information.
11. Contact Us
Tsunami has appointed a Chief Privacy Officer to oversee compliance with this Privacy Policy and applicable Privacy Laws. You can contact the Tsunami Chief Privacy Officer at:
Tsunami Chief Privacy Officer
#201 - 1523 East Pender St.
Vancouver, BC
V5M 3Z1
Appendix 1
What are “fair information practices”?
In Canada, “fair information practices” with regards to your personal information are reflected in a series of principles developed by the Canadian Standards Association and incorporated into Canadian privacy legislation, designed to ensure that companies treat your personal information fairly, protect its confidentiality and provide the means by which individuals can maintain a reasonable level of control over how their personal information is collected, used and disclosed. Tsunami collects, uses and discloses your personal information by employing “fair information practices” as described in the following ten privacy principles:
Principle 1 – Accountability
Tsunami is responsible for personal information under its control and has designated a Chief Privacy Officer who is accountable for Tsunami’s compliance with this Privacy Policy and the Privacy Laws. Contact information for the Chief Privacy Officer is provided in the Contact Ussection of this Privacy Policy. In addition, our accountability for the personal information we collect continues even if we disclose it to other organizations. For example, whenever we disclose your information to another organization (such as to one of our service providers), we will put in place contractual and other safeguards to help ensure that they appropriately protect your personal information.
Principle 2 – Identifying the Purposes for Collection of Personal Information
Tsunami will identify the purposes for which your personal information is collected at or before the time the personal information is collected. Some of the identified purposes for which Tsunami typically collects, uses and discloses personal information are described in Section 3 of this Privacy Policy. If we intend to collect, use or disclose your personal information for additional purposes, we will either revise this Privacy Policy (and provide you with notice) or seek your consent.
Principle 3 – Obtaining Consent for Collection, Use or Disclosure of Personal Information
We will obtain your informed consent for the collection, use, or disclosure of your personal information, except as permitted by law. For example, we ask that you provide us with your consent to collect, use and disclose your personal information for the purposes described in Section 3 of this Privacy Policy. You may withdraw consent at any time to some or all of the purposes indicated, subject to legal or contractual restrictions and reasonable notice. Please note, however, that in some circumstances, we may not be able to provide you with our services if you withdraw your consent to our use of your personal information.
Principle 4 – Limiting Collection of Personal Information
Tsunami will limit the collection of personal information, both the amount and the type of information, to that which is necessary for the purposes identified by Tsunami. In addition, Tsunami will collect your personal information by fair and lawful means, and not by misleading or deceiving you about the purpose for which information is being collected.
Principle 5 – Limiting Use, Disclosure, and Retention of Personal Information
Tsunami will not use or disclose personal information for purposes other than the identified purposes for which it was collected, except with your consent or as required or permitted by law. Tsunami will retain your personal information only as long as necessary to fulfill the identified purposes.
Principle 6 – Accuracy of Personal Information
Tsunami will endeavor to ensure that your personal information will be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used. Tsunami will update personal information as and when necessary to fulfill the identified purposes or upon notification from the subject individual. Tsunami will not routinely update personal information, unless such process is necessary to fulfill the identified purposes. If ever your contact and/or other personal information changes, please feel free to contact us, so that we can update our records.
Principle 7 – Security Safeguards
Tsunami will protect your personal information by security safeguards appropriate to the sensitivity of the information. For example, the computer servers on which we store your personal information are protected by firewalls and other industry standard security features. In addition, your personal information is only made available to our employees and service providers who have a “need to know” in order to offer you our services or otherwise fulfill the purposes identified in Section 3 above.
Principle 8 – Openness Concerning Policies and Practices
Tsunami will make readily available to you specific information about our policies and practices relating to the management of personal information. For example, the most recent version of this Privacy Policy will always be available on the Tsunami website atwww.TsunamiSolutionsLtd.com and upon request to the Chief Privacy Officer using the contact information in the “Contact Us” section.
Principle 9 – Individual Access to Personal Information
Upon written request, subject to certain exceptions, Tsunami will inform you of the existence, use, and disclosure of your personal information and will give you access to that information. If access is denied, Tsunami will notify you in writing, give reasons for the denial, and inform you of the recourses open to you. If access is granted, Tsunami will give you a reasonable opportunity to review your personal information. You will be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
Principle 10 – Challenging Compliance
You have the right to address a challenge concerning compliance with this Privacy Policy to Tsunami’s Chief Privacy Officer.