Last updated: 2023-04-06
“Personal Information” means any information that may be used to identify, relate to, describe, or that is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual, household or device.
What Information Do We Collect?
When you interact with the Website, Applications, Services and Third Party Services, we collect two types of Personal Information from you:
- Personal Information, including name, user ID, email address, phone number, and professional information; and
- Device identifiable information, including your IP address, browser type and language, access times, pages visited, and referring website addresses.
If you make any payment through our Website or Applications, your credit card and other billing details may be gathered and stored with our trusted Payment Processors for the purpose of completing your purchases.
How is Your Information Collected?
We collect Personal Information about you from a variety of sources, including directly or automatically from you, from third party sites and businesses, as well as from publicly available information.
Information you provide voluntarily:
Certain parts of our Website, Applications, Services and Third Party Services may ask you to voluntarily provide Personal Information. For example, we may collect personal identifiers such as your name, email address, and phone number, and professional information such as your occupation and place of employment in order to register an account with us, to make use of our Services or Applications, to subscribe to marketing communications from us, to engage with a member of our team regarding your use of our Services or Applications, or in submitting enquiries to us.
When you participate in, download, access, use, or sign up to receive Services, Applications, Third Party Services, activities or online content, such as email publications, blogs, newsletters, live chats, message boards, vote, or create an account using Fair Winds’s online registration system, Fair Winds may receive Personal Information about you, including personal identifiers and professional information, that we use to provide our services to our business customers. In comments you post to blogs, live chats, or message boards, you may also voluntarily disclose additional categories of Personal Information, depending on the content of your posts.
Automatic Collection of Information:
When you access or use our Applications, we automatically collect mobile activity information about your use of the Applications, including crash logs and usage statistics, and about your mobile device and its interaction with the Applications, including the type of mobile device you use with the Applications, your wireless service carrier, your device ID and operating system, the type of mobile Internet browsers in use, and the location of your device including geo-location information.
Fair Winds may use certain third party payment processors to collect and process personal financial information from Visitors such as name, phone number, address, zip/postal code, and credit card or bank account information for the purposes of allowing Visitors and Users to purchase Services via our Website or Applications. If you make any payment through our Website or Applications, your credit card and other billing details may be gathered and stored with our trusted Payment Processors for the purpose of completing your purchases. Fair Winds does not store your credit card or billing details, and such details cannot be accessed by Fair Winds’s staff. Fair Winds contractually requires that its Payment Processors stay compliant with the Payment Card Industry Data Security Standards (PCI-DSS), as well as all applicable local, provincial/state, national and international laws and regulations related to the services provided to Fair Winds by such Payment Processors.
Your Customer's Information
We process the personal information of your customers as an independent Data Processor and/or Service Provider (as these terms are used in European and California privacy law), only for the purpose of providing the Services in accordance with documented instructions from you (provided that such instructions are commensurate with the functionalities of the Services), and as may subsequently be agreed to by you. If we are required by law to Process the Personal Data for any other purpose, we will provide you with prior notice of this requirement, unless we are prohibited by law from providing such notice. We will never use your customers’ information to independently market or advertise to your customers. We also do not and will not “sell” your customers’ information, as that term is used in California law.
Because you decide how the personal information of your customers will be used, you need to make sure your customers understand how you (and how we on your behalf) collect and process their personal information.
Disclosures, Sharing and Onward Transfers of Your Information
We may disclose your Personal Information to the following categories of recipients:
- To any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary: (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights and property, or (iii) to protect your rights, property or safety or those of any other person;
- To an actual or potential buyer (and its agents and advisers) in connection with any actual or proposed purchase, merger or acquisition of assets or any part of our business; and
- To any other person with your consent to the disclosure.
International data transfers
Your Personal Information may be transferred to, and processed in, countries other than the country in which you are resident. These countries may have data protection laws that are different to the laws of your country (and, in some cases, may not be as protective).
Specifically, our Website and Application servers are located in Canada, and our third party service providers and partners operate around the world. This means that when we collect your Personal Information we may process it in any of these countries.
Legal Basis for Processing Personal Information (EEA and Swiss visitors only)
If you are a User or Visitor from the European Economic Area or Switzerland, our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it.
However, we will normally collect Personal Information from you only (i) where we need the Personal Information to perform a contract with you, (ii) where the processing is in our legitimate interests and not overridden by your rights, or (iii) where we have your consent to do so.
If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us using the contact details provided under the “Contact Information” heading below.
Wherever your Personal Information may be held within Fair Winds or on its behalf, Fair Winds takes reasonable and appropriate steps to protect the Personal Information that you share with us from unauthorized access or disclosure. Fair Winds trains its employees on data handling practices. In addition, Fair Winds and its business partners enter into confidentiality agreements which require that care and precautions be taken to prevent loss, misuse, or disclosure of your Personal Information.
However, while we attempt to ensure the integrity and security of Personal Information, please note that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, although Fair Winds complies with its legal obligations in respect of the security of your personal data we cannot guarantee its absolute security.
We retain Personal Information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements).
When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.
Your data protection rights and choices
- If you wish to make a request to access, correct, update or delete your Personal Information, you can do so at any time by contacting us using the contact details provided under the “Contact Information” heading below.
- You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us using the contact details provided under the “Contact Information” heading below.
If you are a resident of the European Economic Area or Switzerland, you can also:
- Object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information. Again, you can exercise these rights by contacting us using the contact details provided under the “Contact Information” heading below.
- Similarly, if we have collected and processed your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
- You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
Privacy Policies of Third Party Services and Third Party Websites
In connection with your use of any Website, Applications, Service or Third Party Service, you may be made aware of services, products, articles, offers, and promotions provided by third parties, and not by us.
Finally, your use of Third Party Services may expose your data to the providers of such Third Party Services. The collection, use and retention of your data by such third parties is governed solely by such third parties’ respective privacy policies, and Fair Winds has no control over how such third parties use your data.
“Affiliates” refers to present or future companies that, directly or indirectly, through one or more intermediaries, control, are controlled by, or are under common control with Fair Winds.
“Application(s)” refers to the mobile applications provided by Fair Winds and its Affiliates.
“Materials” refers to the software, toolkits, documentation and all other information, whether tangible or intangible.
“Services” refers to the services provided by Fair Winds, provided in connection with the Materials. For clarity, Services does not include the software programs offered by Fair Winds or its Affiliates to customers.
“Third Party Services” refers to third party data rooms, channels, and services that Fair Winds may grant you access to, and use of, for the purposes of collaborating and sharing information with Fair Winds
“Users” refers to individuals who use the Services, Applications, or Third Party Services.
“Visitors” refers to individuals who visit a Website.
“Website” refers to the websites www.fairwindsanalytics.com, and all other related sub-domains, which includes text, media, documentation, pictures, and other content.
Fair Winds Analytics, Inc.
You may also stop email messages and other promotional mailings by contacting Fair Winds at the above email.