XpertSea Farm Application
Last updated: November, 2020
XpertSea Solution Inc. ("XpertSea" or "We") respects your privacy and is committed to protecting it by complying with this policy.
This policy describes:
The types of information we may collect or that app users ("you") may provide when you download, install, register with, access, or use the XpertSea Farm App (the "App").
Our practices for collecting, using, maintaining, protecting, and disclosing that information.
We will only use your personal information in accordance with this policy unless otherwise required by applicable law. We take steps to ensure that the personal information that we collect about you is adequate, relevant, not excessive, and used for limited purposes.
Privacy laws in Canada generally define "personal information" as any information about an identifiable individual, which includes information that can be used on its own or with other information to identify, contact, or locate a single person. Personal information does not include business contact information, including your name, title, or business contact information.
This policy applies only to information we collect in this App and in email, text (including messaging platforms such as WhatsApp) and other electronic communications sent through or in connection with this App.
This policy DOES NOT apply to information that:
We collect offline or on any other XpertSea apps or websites, including websites you may access through this App;
We collect through other agreements you may have with XpertSea for the sale or enjoyment of its products and services; or
You provide to or is collected by any third party.
Our websites and apps, and these third parties have their own privacy policies, which we encourage you to read before providing information on or through them.
INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
We collect information about you through:
Direct interactions with you when you provide it to us, for example, by filling in forms, sending materials through the App, providing us with harvest data, corresponding with us or doing any transactions on the App.
Automated technologies or interactions, when you use the App, for example, usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
The types of information that we collect include:
Personal information that we can reasonably use to directly or indirectly identify you, such as your name, mailing address, email address, telephone number, internet protocol (IP) address, user name or other similar identifier and any other identifier we may use to contact you, as well as billing and credit card information if you choose to place any orders on the App ("personal information").
Non-personal information is information that does not directly or indirectly reveal your identity or directly relate to an identified individual, such as demographic information, or statistical or aggregated information. We may derive non-personal statistical or aggregated data from personal information. For example, we may aggregate personal information to calculate the percentage of users accessing a specific app feature.
Technical information, including your login information, device type, time zone setting, and usage details.
Information about your aquaculture protein, including the number of organisms and a weight estimate thereof from photographs sent to us through the App and any other identifying information, using XpertSea’s proprietary software and technologies which we can use for pricing purposes and to identify business opportunities in our transactions with you.
Information You Provide to Us
When you download, register with, or use this App, we may ask you to provide:
Information by filling in forms in the App. This includes information you provide when registering to use the App. We may also ask you for information when you report a problem with the App.
Records and copies of your correspondence, including email addresses and phone numbers, if you contact us.
Details of transactions you carry out through the App and order fulfillment. We may require you to provide financial information before placing an order through the App. XpertSea will process the payment internally and the contract signing process will be handled by PandaDoc, our third-party signature authentication processor, whose own privacy practices and treatment of your data and information can be found here.
Automatic Information Collection and Tracking Technologies
When you download, access, and use the App, it may automatically collect:
Usage details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data (including registration preferences), location data, logs, and other communication data and the resources that you access and use on or through the App.
Information on materials uploaded through the App. When you voluntarily upload photographic materials through the App in order to access certain features thereof, the following information will be automatically collected for monitoring purposes: the time on which the photo was taken and any other metadata embodied therein, your user ID, information on your Mobile Device and operating system, your IP address and the timestamp of the upload.
Device information. We may collect information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number.
Stored information and files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
Location information. This App may collect real-time information about the location of your device.
The technologies we use for this automatic data collection may include:
Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our App.
Web Beacons. Pages of the App may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit XpertSea, for example, to count users who have visited those pages and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).
The information we collect automatically is statistical information and may include personal information such as your name and other such information. We may maintain it or associate it with personal information we collect in other ways, that you provide to us, or receive from third parties. This usage information helps us to improve our App and to deliver a more personalized service, including by helping us to:
Estimate our audience size and usage patterns.
Store information about your preferences and customize our App according to your individual interests.
Speed up your searches.
Recognize you when you use the App.
If you do not want us to collect this information, do not download the App or delete it from your device.
HOW WE USE YOUR INFORMATION
We use information that we collect about you or that you provide to us, including any personal information:
To provide you with the App and its contents.
To establish pricing, analytics and market statistics with respect to your aquaculture protein.
For market research and trends and to suggest business opportunities which we consider may be of interest to you.
To provide you with information, products, or services that you request from us.
To fulfill the purposes for which you provided it or that were described when it was collected, or any other purpose for which you provide it.
To carry out our obligations and enforce our rights in any contracts with you, including for billing and collection or to comply with legal requirements.
To notify you when App updates are available, and of changes to any products or services we offer or provide though it.
To improve our App, products or services, or customer relationships and experiences.
To allow you to participate in interactive features or other features on our App.
To measure or understand the effectiveness of the advertising we serve to you and others, and to deliver relevant advertising to you.
For any other purpose with your consent.
Usage information that we collect helps us to improve our App and to deliver a better and more personalized experience, including by enabling us to:
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our App according to your individual interests.
Speed up your searches.
Recognize you when you use the App.
We use location information we collect to suggest business opportunities that may interest you in your specific geographic region or market.
DISCLOSURE OF YOUR INFORMATION
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
To our subsidiaries and affiliates.
According to applicable law, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of XpertSea’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by XpertSea about our customers and users is among the assets transferred.
To contractors, service providers, and other third parties we use to support our business, such as analytics and search engine providers that help us optimize and improve our services. We contractually require these third parties to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process personal information following the same standards set out in this policy.
To fulfill the purpose for which you provide it. For example, if you give us an email address to use the "email a friend" feature, we will transmit the contents of that email and your email address to the recipients.
For any other purpose we disclose when you provide the information.
With your consent.
To comply with any court order, law, or legal process, including to respond to any government or regulatory request, according to applicable law.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of XpertSea, our customers, or others. This includes exchanging information with other companies and organizations for fraud prevention and credit risk reduction.
TRANSFERRING YOUR PERSONAL INFORMATION
We may transfer personal information that we collect or that you provide us to contractors, service providers, and other third parties we use to support the App (such as analytics providers that assist us with App improvement and optimization) and who are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this policy.
We may process, store, and transfer your personal information in and to other countries with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information. Whenever we engage a service provider, we require that its privacy and security standards comply with this policy and applicable Canadian laws.
By submitting your personal information or engaging with the App, you consent to this transfer, storage, or processing.
CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Location Information. You can choose whether to allow the App to collect and use real-time information about your device's location through the device's privacy settings. If you block the use of location information, some parts of the App may be inaccessible or not function properly.
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. We store all information you provide to us behind firewalls on our secure servers.
The safety and security of your information also depends on you. Where we have given you (or you have chosen) a password for access to certain parts of our App, you are responsible for keeping it confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the Internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any App privacy settings or security measures.
Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize or aggregate your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.
ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By law you have the right to request access to and to correct the personal information that we hold about you.
You can review and change your personal information by logging into the App and visiting your account profile page.
If you want to review, verify, correct, or withdraw consent to the use of your personal information you may also send us an email at firstname.lastname@example.org to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
We will provide access to your personal information, subject to exceptions set out in applicable privacy legislation. Examples of such exceptions include:
Information protected by solicitor-client privilege.
Information that is part of a formal dispute resolution process.
Information that is about another individual that would reveal their personal information or confidential commercial information.
Information that is prohibitively expensive to provide.
If you are concerned about our response or would like to correct the information provided, you may contact us at email@example.com.
WITHDRAWING YOUR CONSENT
Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at firstname.lastname@example.org. Please note that if you withdraw your consent we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you make your decision.
CONTACT INFORMATION AND CHALLENGING COMPLIANCE
Last updated: May, 2019
XpertSea Solution Inc. (“XpertSea”, "us", "we", or "our") operates the xpertsea.com public website (the “Website”) and the XpertSea Portal service, which is reserved to authorized users (the “Portal”) (the Website and the Portal being collectively referred to as the "Service").
This page informs you of our policies regarding the collection, use, disclosure and any other processing of Personal Data (as defined below) when you use the Service and of the choices you have associated with the processing of that data. In addition to this policy, the agreement we execute with each Customer (as defined below) also contains provisions about our confidentiality obligations regarding data, including Personal Data and non-Personal Data. Consequently, Customers will also want to refer to the relevant contractual documentation for additional information on the subject.
We use your Personal Data to provide and improve the Service. By using the Service, you agree to the processing of information in accordance with this policy.
(a) "Personal data" means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
(b) “Usage Data” is data collected automatically and either generated by the use of the Service or from the Service infrastructure itself. Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, geolocation information, unique device identifiers and other diagnostic data.Means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
(c) “Cookies” are small pieces of data stored on a User’s device. They contain small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device.
(d) “Customer” means a purchaser of XpertSea products and services.
(f) “Data Processor” (or “Service Providers”) is an expression frequently used in personal information protection laws to mean a natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Data Controller (other than its own employees). We may use the services of various Service Providers in order to process your data more effectively, all in accordance with this policy. Please see section 4.2 for more details about the types of Service Providers we use and how we manage such relationships with respect to the processing of your Personal Data.
(g) “Data Subject” is an expression frequently used in personal information protection laws to any natural person who is the subject of Personal Data.
(h) “User” is a natural person using our Service. A User may also be a Customer or be associated to a Customer such as, for example, an employee or contractor of a Customer. The term User corresponds to the Data Subject, who is the subject of Personal Data.
2. SOURCES OF PERSONAL DATA
We process the Personal Data that originates from your use of the Service, including the portions of the Service that are publicly accessible (such as the Website) and the ones that require the creation of an account to access (such as the Portal).
3. PURPOSES OF PROCESSING AND LEGAL BASIS
We process each of the following types of Personal Data for the purposes described below to provide and improve the Service for our Customers and Website visitors.We process the Personal Data that originates from your use of the Service, including the portions of the Service that are publicly accessible (such as the Website) and the ones that require the creation of an account to access (such as the Portal).
3.1 Account Information
To use our Portal, Users need to create an account using their email address, name and a password of their choice.
Purposes and Legal Basis. We process each User’s email address, name and a password because the User needs to use them to sign in and connect to her/his account. The legal basis for this processing is our legitimate interest in protecting the security of each User’s account.
We also process Users’ email address to recognise them when they use our customer support. The legal basis for this processing is our legitimate interest in providing the best customer support we may offer you.
We also process our Users’ email address to send them important information about the Service, such as important safety information or material changes to this policy. The legal basis to this processing is our legitimate interest in providing our Users with important safety or other important information regarding the Service or changes in this policy. If you have consented to receiving marketing information from us, we will also process your email address to send you such information about us or the Service. The legal basis to this processing is your consent. You may withdraw your consent at any time by changing your preferences in your account or by using the unsubscribe link at the bottom of our marketing communications. The content of some of the marketing communications you may receive from us may be determined by your Internet Protocol (IP) address and Cookies that are associated with your profile. The legal basis to this processing is our legitimate interest in reducing the number of marketing emails sent to our Users by automatically selecting content that may be more adapted to them instead of sending all our marketing emails to all our Users who have consented to receiving marketing emails.
3.2 Usage Data
We process the following Usage Data when you access the Service: IP address, browser type, browser version, operating system, time and date of visit, time spent on site, geolocation information.
Purposes and Legal Basis. We process such Usage Data to better understand the usage patterns for the Service and to ensure they properly respond to the Users’ needs. The legal basis to this processing is our legitimate interest in offering performing and relevant products and services meeting our Users’ needs.
3.3 Tracking Cookies Data
We process Cookies and similar tracking technologies such as beacons, tags, and scripts to track the activity on our Service and hold certain information to improve the Service and improve your overall experience when using the Service.
Examples of Cookies we use:
Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.
4. DISCLOSURE OF PERSONAL DATA
XpertSea commits to keep your Personal Data confidential and not to share your Personal Data with third parties, except in the limited cases and solely for the purposes described below.
4.2 Service Providers
We may employ third party Service Providers to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used. For example, we use online services provided by third party Service Providers to perform the following: support tasks management, technical support incident tickets processing, customer-relationship management, transportation and logistics. These third-party Service Providers have access to such portions of your Personal Data that is necessary for them to perform these tasks on our behalf and are obligated to maintain the confidentiality of your Personal Data and not to it for any other purpose than the performance of services to us.XpertSea commits to keep your Personal Data confidential and not to share your Personal Data with third parties, except in the limited cases and solely for the purposes described below.
4.3 Business Transaction
4.4 Legal Requirements
XpertSea may disclose your Personal Data in the good faith belief that such action is necessary to:
To comply with a legal obligation;
To protect and defend the rights or property of XpertSea;
To prevent or investigate possible wrongdoing in connection with the Service;
To protect the personal safety of Users of the Service or the public;
To protect against legal liability.
4.5 Disclosure for Law Enforcement
Under certain circumstances, XpertSea may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
5. SECURITY OF DATA
The security of your Personal Data is important to us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
6. RETENTION OF PERSONAL DATA
XpertSea will also retain Usage Data for internal analysis purposes Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or when we are legally obligated to retain this data for longer time periods.
7. TRANSFER OF PERSONAL DATA TO OTHER COUNTRIES
Accordingly, if you are located outside Canada and choose to provide information to us, we transfer the data, including Personal Data, to Canada and process it in that country.
8. YOUR RIGHTS
XpertSea aims to take reasonable steps to allow you to correct, amend, delete, limit or oppose to the processing of your Personal Data.
Whenever made possible, you can update your Personal Data directly within your account settings section. If you are unable to change your Personal Data, please contact us to make the required changes.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us. However, you may at any time withdraw any consent you gave us to process your Personal Data in the preference settings of your account or, in such instances where you do not have an account with the Service (e.g. if you are solely a user of the Website but not one of our other products) by contacting us. In this case, we will, as soon as commercially and reasonably possible, delete from our systems all your Personal Data obtained on the legal basis of your consent and request our Data Processors, if any, to do the same.
Without limiting the foregoing, in certain circumstances, you have the right:
To access and receive a copy of the Personal Data we hold about you;
To rectify any Personal Data held about you that is inaccurate;
To request the deletion of Personal Data held about you.
You also have the right to data portability for the information you provide to XpertSea. You have the right to receive your Personal Data in a structured, commonly used and machine-readable format and have the right to transmit those data to another Data Controller without hindrance from us or the Data Controller to which your Personal Data have been provided. You have the right to have your Personal Data transmitted directly from us or the Data Controller to another Data Controller, where technically feasible.
Depending of your jurisdiction (e.g. Canada and European Union), you may have the right to initiate a complaint with a supervisory authority.
Please note that we may ask you to verify your identity before responding to such requests.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en.
10. LINKS TO OTHER SITES
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
11. CHILDREN'S PRIVACY
Our Service does not address anyone under the age of 16 ("Children").
We do not knowingly collect Personal Data from anyone under the age of 16. If you are a parent or guardian and you are aware that your Children have provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.Our Service does not address anyone under the age of 16 ("Children").
13. CONTACT US