Privacy Policy

Privacy and Cookie Policy

This Privacy and Cookie Policy (“Policy”) describes the personal information that Helm Operations Software Inc. (“Helm Operations”, “we” or “us”) collects from or about you when you use our websites, software and related services, or participate in our events.  It also describes how we use that information, and to whom we disclose it. “Personal information” means information about an identifiable individual, and does not include general, statistical or aggregated information.

Please read this Policy carefully.  If you do not agree with this Policy, you should not access or use our websites or applications.  This Policy should be read in conjunction with the www.Helm Operations.com website Terms of Use, into which it is incorporated by reference.

This Policy was last updated on May 24, 2018.  We reserve the right to revise this Policy at any time and, as such, you should review its terms each time that you use our websites or applications. Any changes to this Policy will be promptly communicated on this page, but will not go into effect until at least five (5) days after they are posted.

 

Accountability and Openness / Compliance

Helm Operations is responsible for personal information under our control.  We have established policies and procedures to effectively safeguard any confidential personal information that we have on file or which we collect, and to deal with complaints and inquiries.  We only collect personally identifiable data when it is voluntarily submitted by you through the use of our website and applications, and we are committed to maintaining the accuracy, confidentiality and security of your personal information.  We will ensure that you have access to information regarding the policies and procedures that we use to manage your personal information.

 

All questions or concerns regarding this Policy, and our compliance with it, should be directed to the Privacy Officer in writing and sent by email to privacy@HelmOperations.com or by post to:

 

Chief Privacy Officer

Helm Operations Software Inc.

#400 – 1208 Wharf Street

Victoria, BC

Canada V8W 3B9

 

Your communications should include (i) enough information to allow us to identify you (eg. account numbers or user names); (ii) proof of your identity and address (eg. a copy of your drivers’ license or passport photo page); and (iii) identification of the information to which your communication relates.

 

Every complaint or challenge regarding our compliance with this Policy will be investigated and, where a deficiency is found to exist, we will take appropriate measures to address it.  This may include amending our policies and procedures as necessary. We will also cooperate with regulatory authorities to resolve any complaints that cannot be resolved between us and an individual user.  Note that you may be entitled to claim compensation for damages caused by our breach of any data protection laws.

 

In the event of a security breach concerning personal information, we will notify affected individuals within 72 hours of discovering the breach.  In any event, if a breach is likely to affect the rights and freedoms of the affected individual, we will ensure that the notification is made without undue delay.

 

Consent

Except as expressly provided in this Policy or as otherwise permitted by law, consent is required for the collection of personal information and the subsequent use or disclosure of that information.  Consent may be express or implied, except in the case of sensitive personal information – such as information about race, ethnicity, religion, health, or sexuality – in which case consent must be explicit.  For consent to be meaningful, it must be specific, informed, unambiguous and freely given.  Consent and will only be valid if it is reasonable to expect that the individual understands the nature, purpose and consequences of the collection, use or disclosure of the personal information to which they are consenting.  Typically, consent will be sought for the use or disclosure of personal information at the time of collection, and reasonable efforts will be made to ensure that you understand the purpose(s) for which the information will be used or disclosed.   In certain circumstances, consent regarding use or disclosure may be sought after the information has been collected, but before use, such as when Helm Operations wishes to use personal information already in its possession for a purpose that was not previously identified. We try to limit the circumstances under which we collect and process sensitive personal information.

 

By voluntarily submitting your personal information, registering with us, or using our websites, applications or web-based services, you signify your agreement to the terms and conditions of this Policy and to our use of your personal information in accordance with this Policy.  You may make inquiries, or change or withdraw your consent to the collection, use and/or disclosure of your personal information at any time by contacting the Privacy Officer in writing at either of the addresses listed above (see: Accountability and Openness / Compliance).  In some circumstances, particularly where our use of your information is integral to the provision of a product or service, a change or withdrawal of consent may affect your ability to use an application and/or our ability to provide you with certain information, products or services.

 

Collection of Information

What Information is Collected and How?

We collect personal information only to the extent that it is necessary for the purposes set out below (see: Purpose – Why We Collect, Use and Disclose Information).  In most cases, we will collect personal information directly from you when you interact with us with respect to our websites, applications, events, or any other product or service that we offer.  Occasionally, we may collect personal information from a third party based on your consent or as otherwise permitted by law.  Personal information will always be collected using means that are fair and lawful.

 

Examples of personal information that we may collect, use and disclose include your name, company name, position, email address, mailing address, telephone number, and other information that you may provide to us in conjunction with your use of our websites, applications, and services, or attendance at our events, such as trade shows and industry forums.  If you contact us, we may keep a record of that correspondence.   We may ask you to complete surveys that we use for research and business development purposes, although you do not have to respond to them.  We may also collect details of your visit to our website, including traffic data, location data, weblogs and other communication data, and the resources that you access.

 

If you provide comments or other feedback to us, you agree that such comments or other feedback become the property of Helm Operations, and we may use and disclose them for any purpose provided that we do not associate them with your personally identifiable information.

 

Information Collected through Automated Means

Users may visit our websites without telling us who they are, or revealing any information about themselves.  However, like many organizations’ websites, our web server automatically logs certain non-identifying information related to a user’s visit to the website, including the Internet Protocol (IP) address of the user’s computer, the user’s Internet service provider (ISP), the type and version of the browser that the user is using, the date and time the user accessed our website, the Internet address of the website from which the user linked directly to our site, the operating system that the user is using, and the pages of the website that the user has visited.   We will not attempt to link this information with the identity of individuals visiting our website unless we have permission to do so.  We may, however, review server logs and anonymous traffic for system administration and security purposes, for example to detect intrusions into our network, for planning and improving web services, and to monitor and compile statistics about website usage.  The possibility therefore exists that server log data, which contains users’ IP addresses, could in instances of criminal malfeasance be used to trace and identify individuals.  In such instances, we may share raw data logs with the appropriate authorities for the purpose of investigating security breaches.

 

We also use cookies, analytics, pixels and other technologies in order to improve our service and your user experience, to analyze how the Site is used, and to assist with the planning and design of our products and services, our business and marketing.

 

Cookies:  “Cookies” are small text files that are placed on your computer by websites that you visit. They are used to identify you to the web server, and will tell the server who you are when you return to a page on the same website. Your browser will only send a cookie back to the domain that originally sent it to you. A cookie cannot run any programs, deliver any viruses, or send back information about your system. Session cookies expire when you close your browser.   Persistent cookies remain on your device until they are deleted or expire.  We may use cookies to determine and facilitate your access privileges on our website, to complete and support a current activity, to track website usage, to remember your language and other preferences, and to generally improve your experience.

 

Most web browsers automatically accept cookies, but if you do not wish to have cookies on your system, you should adjust your browser settings to decline them or to alert you when cookies are being sent. If you decline cookies, you will still be able to use the website or application, but your ability to access certain features and functions may be affected. To find out more about cookies, including how to see what cookies have been set and how to manage and remove them, please visit AboutCookies.org or All_About_Cookies.org.

 

Google Analytics:  We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about the use of the Site, and to report on activities, trends and user behavior patterns.  We do this to obtain an overview of how people are accessing and using the Site, as well as to provide marketing services to you.  Information that we use from Google Analytics includes: IP address; time per page; pages per session; bounce rate; device information; frequency of use; language; demographic; geographic and interests.  You can learn about Google’s practices by going to www.google.com/policies/privacy/partners.  You can opt out by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

 

Retention of Personal Information

Subject to any legal or accounting requirements, we will retain personal information only as long as necessary to fulfill the purposes for which it was collected.  Personal information that is no longer required will be destroyed, erased or made anonymous, although copies of deleted information may continue to exist on back-up media.  You may request the erasure of your personal information at any time, which we will endeavor to do without undue delay as required by applicable law.  Written requests should be sent to the Privacy Officer at the address set out above (see: Accountability and Openness / Compliance).

 

Purpose – Why We Collect, Use and Disclose Information

We will identify the purposes for which we collect personal information before or when we request the information.  We will not collect personal information which is not necessary and, except as specified below, will not use or disclose personal information for any purpose other than the purpose(s) for which it was collected without first obtaining your consent.  The information that we collect is used and disclosed only for business purposes.  These include:

 

  • to provide you with our website and associated functionality, and to carry out any obligations arising from contracts between you and us;
  • to provide you with support updates and notifications;
  • to provide you with personalized content, and to maximize our ability to provide you with information that is useful and relevant to you;
  • to provide you with news alerts;
  • to advise you of changes to our products and services;
  • to obtain feedback regarding our products, services, websites and events;
  • to verify that any information submitted by you is accurate and complete;
  • to communicate with you and to create a record of your involvement with us;
  • to track your interests and preferences in order to customize and enhance your use of our products and services;
  • to conduct polls and surveys;
  • to provide you with information and promotional materials regarding Helm Operations, and our products and services;
  • internal business purposes, such as administering or improving our products, services and websites;
  • to protect us against error, fraud, theft or damage to our assets, our business or our property;
  • to comply with any legal, accounting and regulatory requirements, including reporting requirements;
  • any other reasonable purpose for which you provide consent, or for which consent may be implied in accordance with this Policy and applicable law.

 

Where personal information that has been collected is to be used for a purpose not previously identified, and for which consent cannot be reasonably implied, the new purpose will be identified and consent obtained prior to the use of that information for the new purpose unless otherwise permitted by law.

 

We comply with Canadian “anti-spam” legislation, and will only send you electronic communications as permitted by law.  If you would prefer that we do not use your information to market or promote our products and services to you, please either (i) “unsubscribe” from our electronic communications using the “unsubscribe” link clearly indicated in each communication, or (ii) notify our Privacy Officer at the address set out above (see: Accountability and Openness / Compliance).

 

Legal Basis for the Use of Your Personal Information

We will only process your personal information where we have a legal basis to do so.  The legal basis will depend upon the reason or reasons that we collected and require the use of your information.  The legal basis will generally be:

 

  • The performance of the contract that we have with you, including for the purpose of: allowing you to access our software applications, including updates, upgrades and fixes; providing technical support for our products; performing data backups and restoration; providing you with information and training regarding the use of our products; providing you with notifications regarding any changes to our products and services; and processing payments, credits and refunds.
  • Our legitimate interests, such as providing you with the best appropriate content for the Site, emails and newsletters, to enhance user experience, improve and promote our products and services, and for administrative, fraud detection and legal purposes.
  • To comply with legal obligations.
  • To protect your vital interests, or those of another natural person.
  • Because you have consented to our use of your personal information for particular purposes, such as the creation of a user accounts in order to access our products and services. You may withdraw your consent at any time by contacting the Privacy Officer at the address set out above (see: Accountability and Openness / Compliance), although this may affect your ability to access and/or use our products, services and/or website.

 

Disclosure to Third Parties

Your personally identifiable information is never sold and, except as specifically provided in this Policy or permitted by law, will not be shared with third parties unless we provide you with both prior notice and choice.

 

You acknowledge that, in the course of our supply of products and services to you, we may delegate our authority to collect, access, use, and disseminate your information to third party subcontractors.  Third party subcontractors may include web hosts and payment processors.  If we transfer any personal information to a third party subcontractor, we will provide the subcontractors only with the information needed to perform the subcontracted service, and will use appropriate contractual or other means to provide a comparable level of protection while the information is being used by them. Without limitation, we will ensure that our third party subcontractors are bound to adhere to this policy, appropriate confidentiality provisions and all applicable laws. Details regarding the personal information that we make available to our third party contractors, and how it is used, is available by contacting the Privacy Officer at the address set out above (see: Accountability and Openness / Compliance).  Any request made by you to correct, change or erase your personal information will be promptly communicated to any third party subcontractors in possession of that information.  However, you agree not to hold us liable for the actions or inactions of any third party subcontractor, even if we would normally be held vicariously liable for their actions, and understand that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

 

We may collect, use or disclose your personal information without your knowledge or consent where we are permitted or required to do so by applicable law, government request, request of a law enforcement agency, search warrant, subpoena or court order, or based on our good faith belief that it is necessary to do so in order to comply with such law, request, warrant, subpoena or court order, or to protect our assets, the users of our websites, products or services, or the public.

 

Subject to certain restrictions, Helm Operations may also use and disclose your personal information without your knowledge or consent where necessary in connection with a proposed or completed business transaction.  “Business transaction” includes those transactions described in the Personal Information Protection and Electronic Documents Act, S.C. 200, c. 5, as amended. In each such case, Helm Operations and the other part(ies) to the transaction or proposed transaction will enter into an agreement limiting the purposes for which the personal information may be used and disclosed, ensuring its protection by means appropriate to the sensitivity of the information, and providing for the return or destruction of the information if the transaction does not proceed, or if the transaction does proceed, to notify you within a reasonable time that your personal information has been disclosed.

 

Finally, extreme caution and common sense should be exercised when you disclose your personal information directly to third parties, including other users, in connection with your use of our venues, and other web-based services.  You acknowledge that, in such cases, this Policy does not apply as Helm Operations cannot control the collection, use or disclosure of any personal information that you provide directly to third parties and, accordingly, will not be liable for any misuse by such third parties.

 

Safeguards – How Information is Protected

We have implemented reasonable physical, organizational, contractual and technological security measures to protect personal information in our possession or under our control from loss or theft, and from unauthorized access, disclosure, copying, use or modification, regardless of the format in which the information is held.  The safeguards applied will depend on the sensitivity of the personal information, with the highest level of protection given to the most sensitive personal information. We use user IDs, passwords, and encryption technology, maintain our servers in locked premises, and restrict the employees and contractors who have access to personal information to those having a “need to know” and who are bound by confidentiality obligations, in order to ensure that information is handled and stored in a confidential and secure manner.  Any credit card information that you submit will not be stored on our servers, but rather will be sent to a PCI Level 1-compliant payment processor for storage. When destroying personal information, we delete electronically stored personal information and shred any tangible materials containing personal information.  While we will endeavour to destroy all copies of personal information, you acknowledge that deleted information may continue to exist on back-up media but will not be used unless permitted by law.

 

We will continually review and update our security policies and controls as technology evolves.  However, no security technology can be guaranteed to be failsafe.  Using the Internet or other public means of communication to collect and process personal data may involve the transmission of data on an international basis and across networks not owned and/or operated by us.  Therefore, by downloading and using our information, applications and services, and/or communicating electronically with us, you acknowledge and agree to our processing of personal information in this way and agree that we are not responsible for any personal information which is lost, or which is altered, intercepted or stored by a third party without authorization.

 

Accuracy / Access

Helm Operations has a responsibility to ensure that all personal information contained in our records or which is disclosed to third parties for the purposes described above is accurate, complete and up-to-date.  You may make a request in writing for access to your personal information by contacting the Privacy Officer at the address set out above (see: Accountability and Openness / Compliance).  Including “Request personal information” in the subject line of your email will facilitate compliance with your request.  We will inform you of your personal information held by us, and provide an account of the use that has been made of the information, as well as identify any third parties to whom the information has been disclosed.  If requested, except as otherwise provided herein or as permitted by applicable law, copies of your information will be provided to you in a commonly used and machine-readable format.

 

In certain circumstances, Helm Operations may not be able to provide you with access to all or some of your personal information, in which case you will be advised in writing of the reasons for our inability to provide you with the information.

 

If you demonstrate the inaccuracy or incompleteness of your personal information, the information will be amended as appropriate.  You should advise us immediately if you discover inaccuracies in our data, if your personal information changes.  Except as provided by applicable law, you have the right to require that we erase any of your personal information without undue delay, particularly in cases where the information is no longer required by us, you no longer consent to our use of your personal information, or if our use was in violation of this Policy or applicable law.   All notices and requests regarding inaccuracies, changes or erasure should be in writing and sent to the Privacy Officer at the addresses set out above (see: Accountability and Openness / Compliance).

 

International Transfer and Storage of Information

You acknowledge and agree that your personal information may be transmitted, transferred, processed, and/or stored outside of Canada, including in the United States. We will use reasonable means to ensure that your information is protected, but cannot guarantee that the laws of any foreign jurisdiction will accord the same degree of protection as the laws of Canada.  By submitting your personal information to us, you consent to the transmission, transfer, processing and/or storage of your personal information outside of Canada.

 

Minors

Individuals under 19 years of age may only use our products, websites or related services with the consent of, in conjunction with and under the supervision of a parent or guardian. Helm Operations does not knowingly collect personal information from minors.

 

Governing Law

You agree that your access to and use of the Helm Operations websites and applications, and this Policy, are governed exclusively by the laws of the Province of British Columbia and the federal laws of Canada applicable therein (excluding conflicts or choice of laws principles).  In case of any inconsistency between this Policy, and applicable law, applicable law shall prevail and this Policy shall be interpreted so as to apply only to the extent permitted by law.