PRIVACY POLICY

“Personal Information” is information that can identify, relates to, or is capable of being associated with a particular individual and including all personal information within the meaning of applicable legislation relating to the gathering, use, protection or circulation of such information.

Personal information does not include non-personally identifiable information, which is data from which SSIMWAVE cannot identify an individual or from which individual identities or other personal information has been removed.  It may include information that has been aggregated.

SSIMWAVE collects the following types of Personal Information:

Information the Customer provides voluntarily

SSIMWAVE may request Personal Information such as your name, email address, address, telephone number, company name, job title, occupation, signature and similar information for purposes of accessing or using any part of its products or services. Requests may also include financial information for orders or purchases or establishing an account, or personal interests and marketing preferences for participation in marketing, sales or other promotional activities. SSIMWAVE may request Personal Information for any of the following purposes:

• Providing reports, updates, newsletters and marketing materials
• Responding to inquiries on purchasing or demonstrations of products and services
• Connecting with SSIMWAVE’s service and support organization
• Registering for or responding to inquiries on training sessions
• Enabling software downloads
• Enabling and billing purchases of products and services
• Registering for a SSIMWAVE webcast
• Responding to sales, employment, investor relations or general inquiries
• Understanding Customer needs and eligibility for products and services
• Informing Customers about offers, products, services, events and updates
• Complying with legal and regulatory requirements
• Troubleshooting and resolving problems
• Monitoring use of services by Customer
• Tailoring services to Customer’s needs

If other types of Personal Information are requested, in all cases, SSIMWAVE will make clear to the Customer the purpose of such request at the point of collection of such Personal Information.

Information SSIMWAVE collects automatically

SSIMWAVE may collect certain Personal Information automatically when a Customer uses services or visits SSIMWAVE’s website. Such Personal Information may include information pertaining to a Customer’s device, IP address, domain name, device type, browser type, network and protocols, broad geographic location, and other technical information, as well as how a Customer’s device has interacted with a website, including the pages accessed, date and time of visit, and links clicked. In some countries, including countries in the European Economic Area (“EEA”), this information may be considered personal information under applicable data protection laws.

This Personal Information is collected and stored to better understand Customers and their interest in SSIMWAVE’s products and services. SSIMWAVE uses this Personal Information in the aggregate to perform statistical analyses of Customer behaviour and characteristics in order to measure interest in and use of the various areas of its services. It is also used to improve and enhance the quality and relevance of the website, improve usability, performance and effectiveness of the services, and provide more relevant and useful information to Customers.

Some of this Personal Information may be collected using cookies or similar technology that tracks, measures and analyzes behaviours and usage patterns of Customers using a website or services, to better understand a Customer’s interests. For further information, please refer to SSIMWAVE’s Cookies Policy.

Information SSIMWAVE obtains from third party sources

SSIMWAVE may receive Personal Information about a Customer from third party sources such as business partners, resellers or related third party sites that reference or display SSIMWAVE content or provided that SSIMWAVE has confirmation from such third parties that they have Customer consent or legal permission for such disclosure. Any such Personal Information received from these third parties is used solely to maintain and improve the accuracy of SSIMWAVE Customer records or expand the marketing database.

SSIMWAVE uses information it collects for business purposes:  to provide services to Customers, to improve services, to develop new services, to analyze interactions with SSIMWAVE’s website, to contact Customers, to conduct research and to provide aggregated, anonymous reporting.

In addition, SSIMWAVE also uses Personal Information for the following commercial purposes:

Marketing emails

If a Customer subscribes to SSIMWAVE’s marketing emails, SSIMWAVE will use the Customer’s name and email address to send these.  A Customer may choose to stop receiving these by clicking “unsubscribe” or by contacting SSIMWAVE at privacy@ssimwave.com.

Testimonials

SSIMWAVE displays Customer testimonials on its website and in SSIMWAVE’s marketing material. With Customer consent, such testimonial may be posted along with Customer’s name. A Customer may ask SSIMWAVE for a testimonial to be updated or deleted by contacting SSIMWAVE at privacy@ssimwave.com.

Social Media Widgets

SSIMWAVE’s website includes social media features, such as LinkedIn and Twitter widgets. These features may collect a Customer’s IP address, which page a Customer is visiting on the website and may require cookies to enable the features to function properly. Social media widgets are hosted by a third party, and all Customer interactions with these features are governed by the privacy policy of the company providing the features. Please refer to SSIMWAVE’s Cookies Policy.

SSIMWAVE reserves the right to collect, analyze, aggregate, compile and use non-personally identifiable information sourced from all or any portion of Customers and users, and to make this information available on a website or through other channels or partners at such time and on such terms as SSIMWAVE determines as appropriate, in accordance with this Privacy Policy.

SSIMWAVE will not disclose Personal Information to third parties without a Customer’s prior consent, nor sell or rent any Personal Information to third parties for marketing purposes.

However, SSIMWAVE will share Personal Information with the following categories of recipients:

• Within SSIMWAVE and its affiliates, third party service providers and business partners for purposes of data processing or storage, and as otherwise provided in this Privacy Policy
• To third party service providers or contractors to provide services to Customers, which may include processing of orders and payments, website operation, marketing campaigns, hosting events or customer support
• To any competent law enforcement body, regulatory, government agency, court or authority (i) if required as a matter of applicable law or regulation (including any generally applicable law, specific court order or other legal process); (ii) if SSIMWAVE determines in good faith that such disclosure is necessary to exercise, establish, protect or defend its legal rights or property, or those of its Customers; or (iii) if required to disclose confidential information including Personal Information to governmental or other authorities in response to legislative, judicial or administrative requirements or changes
• To a potential buyer (and its agents and advisers) in connection with any proposed purchase, merger or acquisition of any part of SSIMWAVE’s business, provided that the buyer agrees to use such Personal Information only for purposes outlined in this Privacy Policy
• To any other person with your consent to the disclosure.

While the absolute security of Personal Information provided by Customers cannot be guaranteed or warranted, SSIMWAVE has implemented various physical, administrative, and technical safeguards and security procedures to protect Personal Information of Customers from unauthorized access, use, or disclosure. Access to Personal Information is restricted to select authorized staff who are trained to handle Personal Information, and third party suppliers are contractually bound to protect Personal Information and use only for the purposes of their services, with any Personal Information processed by third parties processed within the terms of this Privacy Policy and in accordance with applicable legislation. Sensitive information and transactional data may be encrypted for transmission, and access is protected by firewalls and industry-standard security measures at a level of security appropriate to the risk of processing Personal Information. The Customer is solely responsible for protecting any account, password, and access to website and services, and SSIMWAVE is not liable for or with respect to misuse of its website, products or services by any Customer or user, nor third party risks beyond SSIMWAVE’s control that may affect Personal Information.

International data transfers

Personal Information may be transferred to, and maintained on, computers located outside of a Customer’s state, province, country or other government jurisdiction where the privacy laws may not be as protective as those in its jurisdiction. If the Customer is located outside of the United States and chooses to provide Personal Information to SSIMWAVE, please be advised that SSIMWAVE transfers all information including Personal information to Canada and / or the United States. If the Customer is using the services in the EEA, then SSIMWAVE will transfer Personal Information outside of the EEA in accordance with applicable law.

SSIMWAVE retains Personal Information collected during the period that the Customer accesses any services and may be retained following termination of services for other legitimate business needs or in accordance with SSIMWAVE’s policies, in order to comply with applicable legal, tax, or accounting requirements, prevent fraud, resolve disputes, assist with any investigations, troubleshoot problems, and take other actions otherwise permitted by law. Thereafter, SSIMWAVE will at its discretion delete or anonymize the Personal Information or isolate it in secure storage from any further processing until deletion is possible.

SSIMWAVE fully adheres to legislation regulating how Personal Data may be used in Canada, including Personal Information Protection and Electronic Documents Act (“PIPEDA”). The Customer may at any time when it is required to submit Personal Information be given the option to restrict SSIMWAVE’s use of Personal Information, other than as may be required as set out in the Privacy Policy. The Customer has the following rights to protect and control access to its Personal Information:

• Contact SSIMWAVE at any time to review its Personal Information then held by SSIMWAVE, and advise of any inaccuracies or amendments to update or correct its records or request the deletion of Personal Information, which actions SSIMWAVE will complete in accordance with applicable laws
• If a resident of the European Union, contact SSIMWAVE to object to or restrict the processing of Personal Information, or request portability of your Personal Information
• Opt-out of marketing communications received from SSIMWAVE by clicking on the “unsubscribe” link in the marketing e-mails, or contact SSIMWAVE to opt-out of other forms of marketing (such as postal marketing or telemarketing)
• Withdraw consent given to future collection and processing of Personal Information, but this will not affect prior collection or use of Personal Information by SSIMWAVE
• Restrict SSIMWAVE’s use of cookies and similar tracking technology

Please contact privacy@ssimwave.com to exercise these rights.

Children’s Privacy

SSIMWAVE does not knowingly collect Personal Information from children under 16. If a Customer becomes aware that a child under 16 has provided to SSIMWAVE Personal Information without the consent of their parent or guardian, it should contact SSIMWAVE. If SSIMWAVE becomes aware that a child under 16 has provided Personal Information, SSIMWAVE will delete such information from all files.

Third Party Websites and Services

While SSIMWAVE may include on its website, from time to time, links to third party websites, SSIMWAVE does not endorse and is not responsible in any way for the content, terms, and conditions or policies of such third party websites. This Privacy Policy does not apply to any Personal Information collected and stored by third parties, and if the Customer chooses to visit such sites, the privacy policies of those third party sites would apply and the Customer is solely responsible for understanding the privacy policies related to such other websites before submitting any Personal Information. SSIMWAVE may also employ the services of third party service providers for certain services such as payment and handling of products or services, search engine facilities, advertising and marketing, but third parties do not have access to Personal Information provided by the Customer to SSIMWAVE, and any Personal Information disclosed to and used by third party providers is used only to the extent required by them to perform the requested services.

Updates to Privacy Policy

SSIMWAVE reserves the right to amend, modify or update this Privacy Policy at any time in response to changing legal, technical, or business developments, or to reflect changes to SSIMWAVE’s privacy and data management practices, services and/or Customer feedback as may be required by law or determined by SSIMWAVE. Any changes will be posted on SSIMWAVE’s website, and Customers are responsible for periodically reviewing the website for any updated information, for the Customer and users are deemed to have accepted the amended terms of the Privacy Policy on the first use of the website or by continuing to use the services following such amendments. If there are any material changes which require the consent of the Customer under applicable data protection laws, SSIMWAVE will contact the Customer.

Governing Law and Dispute Resolution

This Privacy Policy is governed by the laws of Ontario, Canada and applicable Canadian laws. To the extent legally permitted, any claim or cause of action a Customer may have arising from, connected with, or relating to SSIMWAVE’s actions with respect to this Privacy Policy or any related matters must be commenced within six (6) months, after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.