SmartOne
Solutions Inc. Privacy Policy
Introduction and Scope
SmartOne Solutions Inc.
(“SmartONE”, “SmartOne”, “we”, “our”, “us”) respects your privacy and is
committed to protecting it through our compliance with this privacy policy (the
“Privacy Policy”).
This Privacy Policy is
effective May 1, 2022 and governs our practices to the collection, use and
disclosure of Personal Information (as defined below) that we collect from
Users of our SmartOne Solution (as defined below). Please see https://smart-one.ca/privacy-policy/ to
review the privacy policy that applies with respect to collection, use and
disclosure of Personal Information (as defined below) that applies with respect
to visitors to our website and individuals who otherwise provide us with
Personal Information.
By using the SmartOne
Solution and supplying your Personal Information, you acknowledge that you have
read and understood this Privacy Policy, and you agree and consent to the
collection, use, disclosure and other processing of your Personal Information
as outlined in this Privacy Policy. If
you do not agree to the terms of this Privacy Policy, please do not the
SmartOne Solution or supply your Personal Information to us.
Please note, that in some
cases, SmartONE provides the SmartOne Solution on behalf of business clients,
such as property managers and landlords (“Clients”). In these cases, SmartOne processes Personal
Information on behalf of the Client as the Client’s service provider. When we
act as a service provider to a Client, the Client – and not SmartONE - is
accountable for and in control of your Personal Information collected through
the SmartOne Solution. In such cases, we
process your Personal Information in accordance with our Client’s instructions. You will know when this is the case because
you will be asked to accept the Client’s privacy policy before you start using
the services associated with the SmartOne Solution.
Definitions
· Consent: voluntary
agreement to the collection, use and disclosure of Personal Information for
defined purposes. Consent can be either express or implied. Express consent can
be given orally, electronically or in writing, but is always unequivocal and
does not require any inference on the part of SmartOne. Implied consent is
consent that can reasonably be inferred from the circumstances or from an
individual’s action or inaction.
· Disclosure: making
Personal Information available to a third party for that party’s own use.
·
Personal Information
means information, recorded in any form, that identifies an individual or that
could be used to identify an individual, but does not
include aggregated, anonymized, or depersonalized information that cannot
be associated with an individual.
·
SmartOne Solution
means the SmartOne proprietary solution that provides smart home and connected
community capabilities, and includes the customized smartphone application that
users download from the Apple iTunes Store or Google Play Store (the “SmartOne
Application”).
· Transfer:
making
Personal Information available to a third party for processing, storage or
otherwise, solely to be used on behalf of SmartOne.
· Use: the
treatment, handling, and management of Personal Information by and
within SmartOne.
· Users:
mean
end-users of the SmartOne Solution.
Accountability
SmartOne is responsible for
Personal Information under our possession and control. We have a designated a
Privacy Officer to be responsible for our compliance with this Privacy Policy
and applicable privacy legislation.
SmartOne will make known,
upon request, the title of the person or persons designated to oversee
SmartOne’s compliance with this Privacy Policy.
SmartOne is responsible for Personal Information in
its possession or custody, including information that has been transferred to a
third party for processing. SmartOne shall use contractual or other means to
provide a comparable level of protection while the information is being
processed by a third party.
SmartOne shall implement policies and practices to
give effect to these principles, including:
c. training staff and communicating to staff information about the
organization’s policies and practices.
As described above, in some cases, SmartOne processes
Personal Information on behalf of our Client as the Client’s service provider.
In these circumstances, the Client is accountable for the Personal Information
that we process on their behalf in accordance with their instructions.
What Information Do We Collect?
a. Personal Information
Personal information that
SmartOne collects includes, but is not limited to:
· Contact
and Registration Information: you need to create an
account before you can use the services through the SmartOne Solution. When you register for an account, we will
collect your first and last name, email address, password, location of where service
is being used, and your mobile phone number.
· Location
Information: we collect information that describes the
geographic location of the SmartOne Solution, including user and device
information when using the SmartOne Application.
· User
Content: data and content generated through the use of the
SmartOne Application, such as thermostat settings, home alarm use, etc.
· Identifiers:
user identifiers (e.g. SmartOne assigned account number) and device
identifiers.
· Usage
Data and Diagnostics: user activity (e.g. app launches, taps,
clicks and scrolling information) and diagnostics (e.g crash logs, launch time
and energy use).
· Account
Settings: you can set various preferences and provide person
details on the account tab on the SmartOne Application.
· Other
Information: we also collect Personal Information from
service requests and inquiries.
When we act as a service provider to a Client, we collect Personal
Information on the Client’s behalf.
b.
Non-Personal Information
Non-Personal
Information (“NPI”) means information that is aggregated,
depersonalized, anonymized or otherwise cannot be linked with any
individual. Subject to the terms of our
contracts with Clients, we may generate NPI from Personal Information collected
through the SmartOne Solution by removing information that makes the data
personally identifiable to an individual.
We may use this NPI for any reasonable purpose, including improving our
products and services, and disclose such data to third parties in our sole discretion.
How Do We Use Your Personal Information?
We collect, use, and disclose
your personal information in order to provide you with our Products, including
to provide the SmartOne Solution on behalf of our Clients. We also collect, use and disclose your Personal
Information to comply with legal and regulatory requirements and as otherwise
may be permitted or required by applicable laws. We will only use the Personal Information that
we collect for the purposes for which it was collected.
Except when we act as a
service provider to our Clients, SmartOne uses Personal Information for the
following purposes:
· to
provide you with the services provided through the SmartOne Solution;
· to
establish and maintain commercial relations with you;
· to
respond to your questions that you send by email or through the SmartOne
Solution;
· subject
to applicable law, to provide you with newsletters and articles; to improve the
functionality and customize the software solution displayed to you, including
the SmartOne Application;
· to
improve the SmartOne Solution, and help us develop new services, apps, tools
and product features;
· to
support our business functions such as internal business processes, marketing
and advertising; and
· to
meet any legal or regulatory requirements.
When we act as a service provider to our Clients, we
collect and use Personal Information on behalf of our Client in order to
provide the SmartOne Solution. This may
include responding to your questions on behalf of our Client. Where permitted by our Client, we may also use
NPI that is generated through Users use of the SmartOne Solution to improve our
products and services.
Limiting Collection of Personal Information
We
limit the collection of Personal Information to that which is necessary to
fulfill the purposes identified in this Privacy Policy and we collect, use and
disclose your personal information in accordance with this Privacy Policy.
How Long Will We Retain Your
Personal Information?
SmartOne will retain your Personal Information for as
long as necessary to fulfill the purposes for which we collected the
information, to ensure your compliance with our terms of service, and
to comply with our legal or contractual obligations. When we act as a service provider to our Clients, we will retain
such Personal Information in accordance with our Client’s instructions.
Do
We Share or Disclose Your Personal Information with Third Parties?
SmartOne will maintain the
strict confidentiality of all Personal Information collected and will not sell,
transfer, or otherwise disclose any of your Personal Information to any third
party without your knowledge and consent except for the purposes outlined in this
Privacy Policy.
When we act as a service
provider to our Clients, we will only collect, use and disclose your Personal Information
in order to provide the SmartOne Solution on the Client’s behalf in accordance
with the Client’s instructions.
We may share your Personal
Information with third party service providers that help us with our business operations
or to support the SmartOne Solution. For
example, we may share your Personal Information to service providers that help
with our operations or our products, including, without limitation, for
customer service, monitoring, billing, analyzing activity, and operating and
maintaining the products. Such service
providers may only use your Personal Information as provided herein.
We may also disclose your information, including Personal
Information, in the event we sell or transfer all or a portion of our business
or assets (including corporate reorganization, merger or amalgamation with
another entity, dissolution or liquidation).
From time to time we may
disclose your Personal Information to third parties under the following limited
circumstances:
· when
necessary to protect our safety, property or other rights, our representatives,
customers and users of the SmartOne Solution, including to detect and prevent
fraud;
· with
your consent; or
· when
otherwise required or permitted by law.
Any Personal Information that
we process as a service provider to our Client will remain under our Client’s
control and will not be disclosed to a third party except on our Client’s
instructions or when required by law.
Consent
We respect your privacy and, unless otherwise required
by law, we will not collect, use, transfer or disclose your Personal
Information without your prior consent. Your consent may be expressed or
implied. You may expressly give your consent in writing, verbally or through
any electronic means. In certain
circumstances, your consent may be implied by your actions. For example, downloading and accessing the
Application and registering for an account is implied consent for SmartOne to
provide you with the SmartOne Solution services.
In certain circumstances, consent with respect to use
or disclosure may be sought after the information has been collected but before
use (for example, when SmartOne wants to use information for a purpose other
than those identified above). The form
of consent sought by SmartOne may vary, depending upon the circumstances and
type of information disclosed. In determining the appropriate form of consent,
SmartOne shall consider the sensitivity of the Personal Information and the
reasonable expectations of our Users.
SmartOne will seek express consent when the information is likely to be
considered sensitive. Implied consent will generally be appropriate where the
information is less sensitive.
Subject to legal or contractual restrictions, your
consent can be withdrawn at anytime; however, withdrawing your consent may
impact our ability to continue to provide you with the services you requested. If we process your Personal Information
as a service provider to our Client, our client is responsible for obtaining
your consent and you will need to make any consent withdrawal request to the
Client directly.
Data
Processors in Other Countries
As discussed above, we may
engage third party service providers to perform certain services on our behalf.
These providers may store, process and
transfer Personal Information on servers located outside of Canada in
jurisdictions whose data protection laws may differ from those of Canada. As a result, Personal Information may be
subject to access requests from governments, courts, or law enforcement in
those jurisdictions according to the laws in those jurisdictions. For example, information may be shared in
response to valid demands or requests from government authorities, courts and
law enforcement officials in those countries. Subject to applicable laws in
such other jurisdictions, we will use reasonable efforts to ensure that
appropriate protections are in place to require our service providers to
maintain protections on personal information that are equivalent to those that
apply in Canada.
Links
to Other Sites
Our Site may contain links to
other sites that are independently owned and operated by unrelated third
parties. These other sites may have
their own privacy policies and are not governed by this Privacy Policy. We are
not responsible for the privacy practices or the content of any sites owned and
operated by any unrelated third parties. Other sites may collect and treat information
collected differently, so we encourage you to carefully review the privacy
policy of each site you visit.
Cookies, Web Beacons and Other Similar
Technology
As you interact with this
Site, we may use automatic data collection technology and services that record
and collect information that identifies your computer, tracks your use of the
SmartOne Solution and collects certain other information about you and your
surfing habits. This data collection
technology may include cookies, web beacons and other similar devices on this
Site to enhance functionality and navigation for our visitors.
We may use web beacons on
this Site to count users and to recognize users by accessing our cookies. We may also employ cookies and action tags to
collect information about your use of, and activities on, our Site for our use.
If you do not allow cookies, you may be
restricted in how you are able to use the SmartOne Solution.
Security
We maintain technical, physical,
and administrative security safeguards to protect your Personal Information against
loss, theft, and unauthorized access including during the storage and
transmission of such personal information. Any Personal Information that you provide to
us is exchanged on a secure server. We recognize that no data transmission over
the Internet can be guaranteed to be completely secure, and as a result, while
we are committed to protecting your personal information, we cannot ensure or
warrant the security of any information you provide to us.
We take reasonable steps to
verify your identity before granting you access to your account, however you
are solely responsible for maintaining the secrecy of your username, password
and any other account information. We
also take reasonable steps to ensure that our employees, contractors and
vendors are aware of the importance of maintaining the confidentiality of
personal information and have signed confidentiality/non-disclosure agreements
with them as applicable. We endeavour to
limit access to Personal Information to those personnel that require access to
such personal information on a ‘need to know’ basis in order to perform their
obligations.
Individual Access and
Accuracy of Personal Information
If you have questions or concerns about Personal
Information collected by us and would like assistance accessing that
information and/or would like to confirm its accuracy, please contact our
Privacy Officer at (i) at legal@smart-one.ca; or (ii) by mail at SmartOne
Solutions Inc. at 100 Allstate Parkway, Suite 601, Markham, ON L3R 6H3.
In limited circumstances, we may not be able to provide you with access
to your Personal Information if the information cannot be separated from the
personal information of others, cannot be disclosed for reasons of security or
commercial confidentiality, or is protected by legal privilege. If we cannot provide you with access to your
personal information, we will advise you of the reasons access is being denied,
unless we are prohibited by law from doing so.
Please note that where we
process your Personal Information as a service provider to our Client, you will
need to make your request to the Client directly.
You may request to update and
change your Personal Information in our control at the contact information set
forth below. We shall endeavor to
correct or complete any Personal Information which you advise us is inaccurate
or incomplete. Where appropriate, the
amended information shall be transmitted to third parties having access to such
information. Where we process your Personal Information as a service provider
to our Client, you will need to make your request to the Client directly.
Children’s
Privacy
We are committed to
protecting the privacy of children and we do not knowingly solicit Personal Information
from children under the age of 13. If a
child has already provided us with Personal Information, his or her parent or
guardian may contact us for the purpose of deleting this information. This
request may need to be made to a Client when SmartOne is acting as a service
provider.
Electronic
Communications
We comply with Canada’s
anti-spam legislation (CASL) and we will not send you electronic communications
in contravention of this law. You may
have also opted in to receive email communications from us. If you opted-in to receive such
communications, we may use the information to: communicate with you regarding
our products, and promotions; provide you with other information that you
request; and/or improve our product and service offerings.
You will always have the
opportunity to “unsubscribe” from receiving any of our e-mail or other
communications at any time and we will ensure that our e-mails include
instructions on how to unsubscribe if you no longer wish to receive future
e-mails from us. At any time, may
opt-out of contact from us by sending us an e-mail to legal@smartone.solutions.ca.
If you decide to unsubscribe, we will
only contact you for the purposes allowed under applicable law.
Changes to this Privacy Policy
We reserve the right to
change or replace this Privacy Policy at our sole discretion at any time. Please check back from time to time to ensure
that you are aware of any updates or changes in this Privacy Policy. We will post the most current version on our website
and within the Application and we will indicate at the top of this page the
date this Privacy Policy was last revised. Your continued access or use of the SmartOne
Solution after any such changes constitutes your acceptance of the Privacy
Policy as revised.
How to
Contact Us
We welcome your
feedback. If you have questions,
comments or concerns about this Privacy Policy, or would like to do any of the
following:
· see
your Personal Information that you have already sent us so that you can
correct, update or delete it from our files;
· if
your child under 13 has used the SmartOne Solution and sent us Personal
Information, delete that Personal Information from our files;
· ask
that we not send you electronic communications or otherwise contact you; or
· report
any violation of this Privacy Policy,
please contact us our Privacy
Officer (i) at legal@smart-one.ca; or (ii) by mail at SmartOne Solutions Inc. at
100 Allstate Parkway, Suite 601, Markham, ON
L3R 6H3, and we will endeavour to get back to you promptly.
Please note that if we
process your Personal Information as a service provider to our Client, you will
need to submit all requests and inquiries to the Client directly. Please see
the Client’s privacy policy for more information.
© Copyright SmartOne Solutions Inc. 2022. All rights
reserved.