METRICS DESIGN AUTOMATION, INC.
PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
LAST REVISED ON: FEBRUARY 17, 2021
1.4 Third-Party Links. The Services contain third party links to other websites or services. Please be aware that we are not responsible for the content or privacy practices of such other third- party websites or services. We encourage our users to be aware when they leave the Services and to read the privacy statements of any other site that collects personal information. When you use the Services or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:
● Advertisers, ad networks and ad servers;
● Analytics companies;
● Your mobile device manufacturer;
● Your mobile service provider.
These third parties may use tracking technologies to collect information about you when you use the Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
2. Information We Collect.
2.1 We may collect, store and use the following kinds of personal information:
(a) information about your computer and about your visits to and use of the Services including your Internet Protocol (IP) address, geographical location, browser type and version, devise characteristics, operating system, language preferences, referral source, and information on action taken on the Site, such as; length of visit, page views and website navigation paths;
(b) information that you provide to us when registering with the Services including your email address;
(c) information that you provide or that is collected by and from Facebook, Twitter, Instagram or other social-media properties, whether existing now or in the future, when completing your profile on the Services including your name, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details, employment details and other personal data or information;
(d) information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters or text message alerts, or participate in one of our online forums or communities including your name, postal address, email address, telephone and/or mobile numbers;
(e) information that you provide to us when using the Services, or that is generated in the course of the use of those services including the timing, frequency and pattern of service use;
(f) information relating to any purchases you make of our goods and/or services or any other transactions that you enter into through the Services including your name, address, telephone number, email address, fax number, and credit card details;
(g) content that you submit to the Services or via links to social media networks, forums, blogs, message boards, chat rooms or similar functionality, including audio recordings, software code, videos, photos, images, text, information (including, without limitation, personal information), user comments, and any other content (collectively, “User Content”)
(h) information contained in or relating to any communication with us or our third-party service providers for customer support or other communications, including, without limitation, records and copies of correspondence and responses to surveys for research purposes;
(j) Information from and about the devices you use to access the Services, including attributes such as the operating system, hardware version, device settings, file and software names, types, battery and signal strength, device identifiers, device locations, specific geographic locations (such as GPS, Bluetooth, WiFi signals), connection information such as the name of your mobile operator or ISP, browser type, language, time zone, mobile phone number and IP address.
(l) When you access or use the Services, or any portion thereof, we may collect physical location information that is sufficiently precise to allow us to locate a specific person or device (“Location Information”). We only collect Location Information with your permission (e.g., such as when you agree to provide it to us after you initially access or use the Services). We may use Location Information to provide you with content and services that are relevant to a particular location, such as advertising, search results, and directions;
(m) The Services 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; and
(n) any other personal information that you choose to send to us.
(b) “Web Beacons,” also known as Internet tags, pixel tags, single-pixel GIFS or clear GIFs, link web pages to web servers and their cookies. Web Beacons can be embedded in web pages, videos, or emails, to collect certain types of information from your browser, check whether you have viewed a particular web page or email message, and determine, among other things, the time and date on which you viewed the content, the IP address of your computer, and the Uniform Resource Locator (URL ) of the web page from which the content was viewed. We may use this information to reduce or eliminate messages sent to a user.
(c) “Web Server Logs,” including browser types, Internet service providers (ISPs), referring/exit pages, platform types, date/time stamps, number of clicks, and IP addresses. An IP address is a number that is automatically assigned to your computer whenever you access the Internet, which web servers use to identify where to send the information your computer requests. We may use IP addresses for a number of purposes, such as system administration, to report aggregate information to our business partners, or to audit the use of our Services.
(d) “Local Shared Objects,” sometimes known as Flash cookies, may be used to store your preferences or display content based upon what you have viewed on various websites to personalize your visit.
(e) “Ad IDs” and Other In-App Tracking Methods. There are a variety of tracking technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifiers, or other identifiers such as “Ad IDs” to associate app user activity to a particular app.
3. How We Use Your Information.
3.2 We may use your personal information to:
(a) To provide, operate, maintain, improve, and promote the Services, and any other information, products or services that you request from us;
(b) To enable you to access and use the Services, including uploading, downloading, collaborating and sharing content, photos, images, videos and information, with other users or third parties;
(c) To process, verify, and complete transactions, and send you related information, including purchase confirmations and invoices, to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing, collection and enforcement, and to build a user database;
(d) To send transactional messages, including responding to your comments, questions, and requests; providing customer service and support; sending you technical notices, updates, security alerts, and support and administrative messages sending statements, invoices and payment reminders to you, and collecting payments from you; and, when we have location information, we use it to tailor our Services for you and others;
(e) To send promotional communications, such as providing you with information about services, features, newsletters, offers, promotions, contests, events and sending updates;
(f) To monitor and analyze trends, usage, and activities in connection with the Services and for marketing, advertising, administrative, analytical, research, optimization, and other purposes. For example, we may use statistical analyses of usage data in order to measure interest in the various areas of the Services, for development purposes and to inform advertisers and partners in aggregate and anonymous terms about consumers who click on their advertising or other messages. IP addresses are also used for systems administration and troubleshooting purposes;
(h) To investigate and prevent fraudulent transactions, unauthorized access to the Services, and other illegal activities;
(i) To personalize the Service’s content, features or advertisements;
(j) To deal with inquires and complaints made by or about you relating to the Services;
(k) To verify compliance with the terms and conditions governing the use of the Services; and
(l) To comply with and enforce applicable legal requirements, relevant industry standards, contractual obligations and our policies.
4. Disclosing Personal Information.
4.2. Authorized Personnel. Our employees, agents, consultants, contractors, or other authorized personnel, including those of our contractors, service providers, subsidiaries and affiliates, may have access to user information as necessary in the normal course of our business.
4.3. Business Transfers. In some cases, we may choose to buy or sell assets, or have engaged in discussions with 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 our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our Services users is among the assets transferred. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if the Services, the Company, or substantially all of its assets, were acquired, liquidated, or dissolved, personal information would be one of the assets that is transferred.
5. Your Rights.
5.1 We will provide you with an opportunity to exercise certain controls and choices regarding our collection, use and sharing of your information through Opt-out options.
5.2 In accordance with local law, your controls and choices may include:
a) You may correct, update and delete your account information, as described below;
b) You may change your choices for subscriptions and newsletters;
c) You may choose whether or not to receive offers from us;
d) You may choose whether you received targeted advertising from us or our partners.
5.3 Opt-out. We have created the following mechanisms to provide you with control over certain uses and disclosures of your information:
● Location Information. You can choose whether or not to allow the Services 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 Services may then be inaccessible or not function properly.
● Promotion by the Company. If you do not wish to have your email address or contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by following the unsubscribe instructions provided in the e-mail you receive or contacting us directly at firstname.lastname@example.org. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.
● Disclosure of Your Information for Third-Party Advertising and Marketing. If you do not want us to share your personal information with unaffiliated or non-agent third parties for advertising and marketing purposes, you can opt-out by following the unsubscribe instructions provided in the e-mail you receive or contacting us directly at email@example.com. You can also always opt-out by logging into the Services and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to firstname.lastname@example.org.
● Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by following the unsubscribe instructions provided in the e-mail you receive or contacting us directly at email@example.com. You can also always adjust your user advertising preferences in your account profile by checking or unchecking the relevant boxes or by providing us notice at firstname.lastname@example.org.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (the “NAI”) by visiting http://www.networkadvertising.org/index.asp.
5.4 Accessing and Correcting Your Information
6. Retaining personal information
6.1 This Section sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.
6.2 Personal information that we process for any purpose or purposes may be maintained.
6.3 Notwithstanding the other provisions of this Section, we will retain documents (including electronic documents) containing personal data:
(a) to the extent that we are required to do so by law;
(b) if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).
7. SMS/MMS Mobile Messaging Marketing Program
We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.
California Civil Code Section 1798.83 permits Users of the Program that are California residents to request certain information regarding our disclosure of the information you provide through the Program to third parties for their direct marketing purposes. To make such a request, please contact us at the following address:
100 Gloucester Street, Suite 656, Ottawa, ON K2P 0A4.
8. Security of Personal Information
8.1 We will take reasonable administrative, technical, organizational and physical precautions to safeguard against the loss, misuse or alteration of your personal information. These safeguards vary based on the sensitivity of the information that we collect and store. For example, when processing sensitive personal data (such as data about ethnic or racial origin, political opinions/union membership, data concerning health, sex life or sexual orientation, genetic data, or biometric data) or data that reveals sensitive personal data, especially when using data profiling extra safeguards will be added.
8.2 We will store all the personal information you provide on our secure password- and firewall-protected servers.
8.3 We will notify consumers and regulatory authorities in case of breach without undue delay.
8.5 You acknowledge that the safety and security of your information also depends on you. You are responsible for keeping the password you use for accessing the Services confidential; we will not ask you for your password (except when you log in to our Services).
9. Users from Other Jurisdictions
9.1 The Services is controlled and operated by us from Canada. If you are not a resident of Canada or you are located outside Canada, you should not use the Services unless you are in compliance with all applicable law. If you choose to use the Services or provide information to us, please note that we may transfer the information, including personal information, outside of Canada and process it there.
9.2 We do not represent or warrant that the Services, or any portion thereof, are appropriate, lawful, or available for use in any particular jurisdiction.
9.3 Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations, and are subject to United States export controls in connection with your use of the Services and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports.
9.4 We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.
9.5 Personal information that you publish on the Services or submit for publication on our Website may be available, via the Internet, around the world. We cannot prevent the use or misuse of such information by others.
9.6 You expressly agree to the transfers of personal information described in this Section.
10. Your California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, please see below.
California’s "Shine the Light" law (Civil Code Section § 1798.83) permits users of the Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com or you may send a letter to 100 Gloucester Street, Suite 656, Ottawa, ON K2P 0A4.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at firstname.lastname@example.org or by email at 100 Gloucester Street, Suite 656, Ottawa, ON K2P 0A4.
11. List of Our Affiliates and Related Properties.
Affiliates: MONTANA SYSTEMS, INC.
Related Properties: none
13. PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Notice. Where noted in this Notice, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication ("B2B personal information") from some its requirements.
14. Our Contact Information.