A. Protection of Personal Information
i. Canadian law governs the collection, use and disclosure of personal information in a manner that recognizes individuals’ right of privacy with respect to their personal information.
ii. The federal Personal Information Protection and Electronic Documents Act (“PIPEDA”) sets out rules and principles for the management of personal information by commercial organizations. Services are made available to organizations internationally. PIPEDA applies to OpsGuru because it is an organization headquartered in Ontario, Canada and Ontario is not yet deemed to have “substantially similar” legislation.
iii. The type of personal information that is protected includes almost any information about an identifiable individual, such as your name, address, telephone number, age, sex, marital status and nationality (“Personal Information”). Personal Information may not, however, include certain types of business or employment related information. It does not, for example, include the name, title, business address or telephone number of an employee of an organization.
iv. PIPEDA provides certain fundamental principles which apply to the collection, use and disclosure of Personal Information. One of the most significant is that your Personal Information generally cannot be collected, used or disclosed without your consent. It also allows you to find out why your Personal Information is being collected, how it is being used, where it’s being stored and to whom it’s disclosed. It requires the use of appropriate safeguards to secure your Personal Information. It also grants you access to your personal information and provides mechanisms for ensuring compliance.
v. OpsGuru will not collect, use or disclose your Personal Information without your consent except where required or allowed by law.
B. What Information Does OpsGuru Collect?
ii. OpsGuru requests certain Personal Information from you if you elect to provide your contact information in the “contact us” section of the Site (“Registration Information”). Registration Information includes your full name, email address.
iii. At times, we may ask you to provide us with Personal Information about yourself to assist us in meeting your various needs or to better understand the requirements, profiles and experience of our Site visitors. We may also ask you to provide or allow us access to specific Personal Information about yourself contained on other databases. This information includes information that is collected if you choose to participate in a survey, if you ask to be kept updated about new developments, services or features offered by OpsGuru or its affiliates, if you utilize any of our Services or features, or if you contact OpsGuru.
iv. You can visit this Site without telling us who you are and without providing OpsGuru with any information about yourself. However, certain anonymous information (“Anonymous Information”) may be collected by us automatically. Our Web server may collect the IP address and the name of the Internet service provider (“ISP”) associated with the computer from which you accessed this Site, the type and version of Web browser and operating system that you are using, and the address of the Web site that you visited prior to this Site. If your Web browser is configured to accept cookies, we may place either temporary cookies (only until you exit your current browser window) or permanent cookies (until you manually disable or delete the cookie using your browser software) on your computer. A “cookie” is a small piece of information that our Web server automatically sends to your browser for storage on your computer, which then permits our Web server to recall information about your preferences as a part of the Anonymous Information. Please note that portions of this site will not function if you do not accept cookies.
v. With the exception of the Anonymous Information described above, you will always know when we are collecting information from you and therefore have the opportunity not to provide the information.
vii. OpsGuru neither knowingly solicits information from children nor knowingly markets Services to minors.
C. Use of Information by OpsGuru
i. Registration Information, is used primarily to update you on the Site and via email regarding new Site developments and information about the services and solutions described on this Site, to answer your questions and to provide you with services and solutions that you have requested.
ii. Registration Information may also be used to determine appropriate new features, content or Services for this Site, to permit OpsGuru or its affiliates to contact you in a more specific and focused manner depending on the content of your Registration Information.
iii. Anonymous Information is used primarily by us and our business partners to measure the number of visits, average time spent, page views, and other statistics about visitors to this Site. We may also use this data to monitor Site performance for systems administration purposes, to make this Site easier and more convenient to use and for law enforcement purposes.
iv. If cookies are enabled for your Internet browser, then they are used to help us measure the number of visits, average time spent, page views, and other statistics relating to your use of this Site. If you are performing a search on our Site, then a cookie is used to carry the search request data from the request page to the results page. This cookie, by itself, does not tell us your email address or who you are.
Communication with OpsGuru
vi. If you contact us, we may keep a record of the correspondence but we do not make any use of the email address or other contact information, other than to respond to the communication.
Improper Use of Personal Information
D. Retention of Information
i. We maintain record retention practices and policies which apply to Personal Information that is no longer necessary or relevant for the identified purposes, or that is no longer required or permitted by law to be retained.
ii. All personal information destroyed or erased from our records is done securely with due regard to the sensitivity of the information.
E. Your Consent
i. OpsGuru does not collect, use or disclose your Personal Information without your consent except where required or permitted by law.
ii. OpsGuru may, for example, collect, use or disclose Personal Information without your knowledge or consent in the case of an emergency where the life, health or security of an individual is threatened.
iii. OpsGuru may also disclose Personal Information without knowledge or consent to a lawyer or other advisor representing OpsGuru, to collect a debt, to comply with a subpoena, warrant or other court order or rules, is required for the investigation or enforcement of laws, or as may otherwise be required or authorized by law. Where a request for Personal Information is made by an organization claiming lawful authority for the request, OpsGuru will take reasonable steps to ensure that the requesting party properly identifies its legal authority.
iv. OpsGuru will generally obtain your consent electronically on our site. However, it may also be obtained in writing or verbally. In determining the appropriate form of consent, we will consider the sensitivity of and reasonable expectations regarding the Personal Information.
v. OpsGuru will not require your consent for the collection, use or disclosure of Personal Information as a condition to the supply of any products or Services, except to the extent reasonably required to fulfill the purposes identified in these Terms and Conditions or otherwise identified at the time that we collect your Personal Information.
vi. You may withdraw your consent to the continued collection, use or disclosure of your personal information by OpsGuru at any time by contacting OpsGuru at [email protected], but such a request would be subject to legal or contractual restrictions. OpsGuru would also require reasonable advance notice to effect any requested changes. A request that we no longer collect or use your Registration Information or Anonymous Information, may mean that OpsGuru will no longer be able to provide you with our services and solutions.
F. Disclosure of Information
i. OpsGuru will not sell, trade, rent or license Personal Information that you provide to us.
G. Access and Accuracy and Update of Personal Information
i. OpsGuru will take reasonable steps to ensure that your Personal Information is as accurate, complete and up-to-date as is appropriate for its purposes and to minimize the possibility that inappropriate information may be used to make a decision about you.
ii. OpsGuru provides you with the means to access, update, edit or delete the Registration Information and certain other Personal Information you have provided to us at any time by contacting us via the “Contact Us” link on the Site.
iii. Upon request made in writing, OpsGuru will inform you of the existence, use and disclosure of your Personal Information, at minimal or no cost to you, in accordance with processes and procedures that we have put in place for such requests. If you are unsure whether we have a record containing your Personal Information and would like to confirm what Personal Information we have, please send your request to [email protected], identifying all email addresses which you may have given us. If there is a cost involved at all, we will inform you at that time.
v. OpsGuru will respond to all requests for access within 30 days or as otherwise required or permitted by law.
vi. In some circumstances, OpsGuru may not be able to provide access to all of the Personal Information that we hold about you. OpsGuru may not provide access to information if doing so would likely reveal Personal Information about a third party, could be expected to threaten the life or security of an individual, reveal confidential commercial information, if the information is protected by a legally recognized privilege, if it was created as part of a settlement or dispute resolution process, or if it was collected in relation to the investigation or a breach of an agreement or a contravention of law. OpsGuru will provide reasons to you if it refuses an access request.
vii. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
i. Where OpsGuru, in its sole and absolute discretion, considers it appropriate, having due regard to the sensitivity of the particular information that we collect, use or disclose, OpsGuru uses encryption or authentication tools, among other methods, practices and procedures, to protect your Personal Information irrespective of which format it is stored in. Our practices and procedures for safeguarding your information are regularly reviewed.
ii. E-mails you send to us are not necessarily secure when they are transmitted to us.
iii. There may occasionally be fraudulent “phishing” emails targeting individuals who the perpetrators believe might be users of this Site. We never send an email which requests users to visit a Web page or place a call and provide any Personal Information. If you ever receive such an email, do not log in from any referred link and do not provide any Personal Information. Please notify us immediately if you suspect phishing.
I. Contact Us
i. OpsGuru will make information about its policies and practices relating to management of Personal Information readily available. Please direct any questions about our privacy policies and procedures, any requests for access to our records of your Personal Information and any other privacy related concerns or complaints to [email protected]. All privacy related complaints will be acknowledged, recorded, investigated and responded to in accordance with applicable law.
ii. You can contact us at [email protected], phone at 778-800-2468, or by postal mail at:
900-675 W Hastings St
Canada V6B 1N2
Attn: Chief Privacy Officer