Privacy Policy

As the operators of the fieldeffect.com website, Field Effect Software Inc., having its registered office at 207-825 Exhibition Way, Ottawa, ON, K1S 5J3 (“We“, “Us“, “Field Effect”) is committed to protecting and respecting your privacy. This Privacy and Cookies Policy (“Policy“) relate to services provided through our website (“Website”) and software solutions (the “Services”) and set out the basis on which the personal data collected from you, or that you provide to Us will be processed by Us. Please read the following carefully to understand our views and practices regarding your personal data and how We will treat it.

For the purpose of applicable privacy laws, including the European General Data Protection Regulation (“GDPR”):

  • In respect of the personal information of users of the Website and the Services and business contacts and prospects of Field Effect, the Data Controller is Field Effect;
  • In respect of the personal data of employees/personnel and clients of our business Customers (“Customers”) that we process in the course of providing Services to our Customers, Field Effect processes personal information as a data processor on behalf of its Customers who use Our Services, and our Customer’s privacy policy and the terms of any agreement entered with Our Customer, rather than this Privacy Policy, will apply to our processing of your personal information.

Information we collect from you

We collect and process some or all of the following types of information from you:

  • Information that you provide by filling in forms on the Website. This includes information provided to request a demo or further information or services, or to apply for an employment position. It may include your name, mailing address, email address, telephone number, and personal information such as work and educational history and references as contained within your resume/cv.
  • If you contact Us, We may keep a record of that correspondence.
  • Details of all actions that you carry out through the Website and of the provision of Services to you, including for example, personal information provided when you register software, download a software update, register for support, sign up for additional Service offerings, register for a seminar or participate in a review/survey of our Services.
  • Details of your visits to the Website including, but not limited to, traffic data, location data, weblogs and other communication data, the site that referred you to our site and the resources that you access.

If you submit any personal information relating to other people in connection with your use of the Website or Services, you represent that you have the authority to do so and permit Us to use the information in accordance with this Privacy Policy.

Uses made of your information

We use information held about you in the following ways:

  • To ensure that content from the Website is presented in the most effective manner for you and for your computer.
  • To provide you with information, products or Services that you request from us or which we feel may interest you or our Customer.
  • As part of the buying and selling process, we obtain and process the personal information you give us such as your name, address and email address and any information required for payment processing.
  • To carry out our obligations arising from any contracts entered into between our Customer and Us.
  • To notify you about changes to Our Services and provide you with information that is relevant to your use of the Services.
  • Where you or your employer are a prospective Customer, to provide you with information about our Services for marketing purposes; with your permission, we may send you emails about our company, new products and other updates.
  • For Our business purposes, such as performing data analysis and audits, developing new products, improving our Services, and identifying usage trends.
  • As we believe to be necessary or appropriate to: (a) comply with legal process; (b) respond to requests from public and government authorities; (c) enforce Our terms and conditions and agreements with Customers; (d) protect Our operations; (e) protect Our rights, privacy, safety or property; and (f) allow Us to pursue available remedies or limit the damages We may sustain.

Where your information is processed by Us as a result of the use of our Services by Our Customer, we rely on legitimate interests in performing our contract with Our Customer as the lawful basis on which We collect and use your personal data.

Disclosure of your information

We may disclose/transfer your personal information to third parties:

  • in the event that We sell or buy any business or assets, in which case We may disclose your personal data to the prospective seller or buyer of such business or assets in compliance with applicable law in the jurisdictions in which We operate;
  • if We or substantially all of our assets are acquired by a third party, in which case personal data held by us about Our Customers will be one of the transferred assets, in compliance with applicable law in the jurisdictions in which We operate;
  • if We are under a duty to disclose or share your personal data in order to comply with any legal obligation or in order to enforce or apply Our Terms of Service and other agreements, but We will endeavour to minimise such disclosure to only that reasonably necessary and, where possible, to provide you with notice of such disclosure;
  • to protect the rights, property, or safety of Field Effect, the Website, Our users and any third party We interact with to provide the Website of Services;
  • to Our third party service providers who will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to Us. Certain providers may be located in or have facilities that are located in a different jurisdiction from either you or Us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located and may be accessible to law enforcement or other authorities within that jurisdiction;
  • otherwise as permitted or required by applicable law in the jurisdictions in which We operate, including to: (a) comply with legal process; (b) respond to requests from public and government authorities; (c) enforce Our terms and conditions; (d) protect Our operations; (e) protect Our rights, privacy, safety or property; and (f) allow Us to pursue available remedies or limit the damages we may sustain.

How we store your personal information

Security

We take appropriate measures to ensure that all personal information is kept secure including security measures to prevent personal data from being accidentally lost, or used or accessed in an unauthorised way, for the duration of your use of Our Services. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where We are legally required to do so.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do Our best to protect your personal information, We cannot guarantee the security of your information transmitted to the Website, therefore any transmission remains at your own risk. Once we have received your information, We will use strict procedures and security features in order to prevent unauthorised access.

Keeping your personal information up to date

If your personal details change you may update them by accessing the relevant page of the Website, or by contacting Us using the contact details below.

Where we store your personal information

The information that We collect from you and process as a result of your use of the Services is stored and processed primarily in Canada, and may be transferred to, and stored at, and processed by, personnel operating outside of Canada who work for us or for one of our third party suppliers. Such personnel maybe engaged in, among other things, the fulfilment of your orders, the processing of your payment details and the provision of support services. By submitting your personal information, you agree to this transfer, storing or processing.

If you would like further information please contact Us (see ‘Contact’ below).

How long we keep your personal information

We will hold all personal information for so long as We have an obligation to the Customer to provide the Services, and thereafter until such time as we delete the Customer’s account in accordance with our agreements with our Customers.

Your rights

You may have various rights regarding your personal information under the data protection/privacy laws that apply within your jurisdiction. In summary, depending on the specific jurisdiction in which you are located, those may include rights to:

  • access your personal information
  • require Us to correct any mistakes in your information which We hold
  • require the erasure of personal information concerning you in certain situations
  • withdraw your consent to Our further collection, use or disclosure of your personal information in certain situations
  • receive the personal information concerning you which you have provided to Us, in a structured, commonly used and machine-readable format and have the right to transmit that information to a third party in certain situations
  • object at any time to processing of personal information concerning you for direct marketing
  • object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
  • object in certain other situations to our continued processing of your personal information
  • otherwise restrict our processing of your personal information in certain circumstances
  • complain to Us or to applicable data protection authorities about our treatment of your personal information
  • claim compensation for damages caused by our breach of any data protection laws.

If you would like to receive further information on any of the above rights and whether they
apply within your jurisdiction, or exercise any of those rights, please:

  • contact us using our Contact details below,
  • let Us have enough information to identify you,
  • let Us have proof of your identity and address,
  • let Us know the information to which your request relates.

Third Party Websites

The Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and terms of use and that we do not accept any responsibility or liability for these policies and terms of use. Please check these policies before you submit any personal data to these websites.

How to complain

We hope that We can resolve any query or concern you raise about our use of your information.

In Canada, the Personal Information Protection and Electronic Documents Act gives you a right to complain to the Privacy Commissioner of Canada, at:

Office of the Privacy Commissioner of Canada
30 Victoria Street
Gatineau, Quebec
K1A 1H3

Toll-free: 1-800-282-1376 Phone: (819) 994-5444 TTY: (819) 994-6591

The European General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred.

Changes to our privacy policy

We reserve the right to modify this Privacy Policy at any time. Any changes We may make to our Policy in the future will be notified and made available to you using the Website. Your continued use of the Services and the Website shall be deemed your acceptance of the varied Privacy Policy.

IP Addresses and cookies

We may collect information about your computer, including, where available, your IP address, operating system and browser type, for system administration, customer support and to collect aggregate information for internal reporting purposes.

In addition, Our Website uses cookies. A cookie is a small file of letters and numbers that We put on your computer if you agree. These cookies allow us to distinguish you from other users of the Website, which helps Us to provide you with a good experience when you browse Our Website and also allows Us to improve the Website.

The cookies we use are “analytical” cookies. Some of the common uses for our cookies are as follows:

  • to recognise and count the number of visitors and to see how visitors move around the site when they are using it. This helps Us to improve the way Our Website works, for example by ensuring that users are finding what they are looking for easily;
  • to identify and authenticate a user across different pages of our Website, within Our own Website, in a session or across different sessions. This is so that the user does not need to provide a password on every page the user visits; and
  • to be able to retrieve a user’s previously stored data, for example, information that the user previously submitted to the Website, so as to facilitate reuse of this information by the user.

Contact

All questions, comments and requests regarding this Privacy Policy should be addressed to:

  • via email: hello@fieldeffect.com, or
  • by mailing us at:
    Field Effect Software Inc. 207-825 Exhibition Way, Ottawa, ON, K1S 5J3, Canada