Please read this Policy carefully. If you do not agree with this Policy, you should not access or use our website or our Products and Services. This Policy should be read in conjunction with the cookies “banner.”
We may modify this Policy from time to time. We will provide you with notice of any material changes to this Policy by publishing or communicating the changes through our website, or by other reasonable means, so that you may review the changes before continuing to use our Products or Services. Your continued use of our website, Products or Services after we publish or communicate a notice about any changes to this Policy means that you are consenting to the changes unless you expressly indicate otherwise.
Archipelago 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 that we collect, and to deal with complaints and inquiries. We only collect personally identifiable data when it is voluntarily submitted by you through our business dealings including through your use of our website, Products or Services, 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.
Archipelago has designated a privacy and data protection officer (“Privacy Officer”) who is accountable for the protection of data containing personal information and for our compliance with this Policy generally, as well as for ensuring that information about our policies and practices relating to the management of personal information is easily accessible. 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 email@example.com
or by mail to:
Archipelago Marine Research Ltd.
525 Head street
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.
You have the right to contact the relevant regulatory or data protection authority should you have concerns regarding our compliance with applicable privacy regulations. Please refer to the website of your local regulatory or data protection authority in order to obtain their contact information.
In the event of a security breach concerning personal information, we will notify affected individuals as soon as practical after 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.
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 should always be explicit. For consent to be meaningful, it must be specific, informed, unambiguous and freely given. Consent 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 your 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 we wish to use personal information already in our 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 or otherwise engaging with us, or by using our website or our Products or Services, you signify your agreement to the terms and conditions of this Policy and to our collection, use and disclosure 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 use of our Products or the provision of a Service, a change or withdrawal of consent may affect your ability to use and/or our ability to provide you with certain information, products or services.
What Information is Collected and How?
Generally, 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), and only when we have a legal basis to do so. In most cases, we will collect personal information directly from you when you interact with us through our website, or when you engage with us for the purpose of inquiring about or procuring our Products or Services, or when you use those of our Products and Services that require the collection of personal information. Personal information will always be collected using means that are fair and lawful. We will not knowingly collect or use personal information for which consent has not been provided or cannot be reasonably implied.
Information collected in connection with the use of our Products or Services may include: name, email address, mailing address, business name and other identification and contact information such as telephone numbers; work contact details; and any other information that you may submit to us through the submission of a request for information, or in connection with our performance of Services for you. As well, our products may collect imagery and positional data (GPS) while operating onboard your fishing vessel. This on-board information will not be retained by Archipelago without consent from the client or within a regulatory requirement of a fishery management program.
Information Collected through Automated Means
Device Information: We collect certain non-identifying information related to a user’s use of our website including the Internet Protocol (IP) address of the user’s computer or device, 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 the website, and the operating system that the user is using. We make no attempt to link this information with the identity of individuals. We may, however, review server logs and anonymous traffic for system administration and security purposes, for example to detect intrusions into our systems, for planning and improving our website, and to monitor and compile statistics about 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.
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, subject to our need to invoke any exceptions permitted under applicable law, we will endeavor to do without undue delay or 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)
We will identify the purposes for which we collect personal information before or at the time 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. The business purposes for which we may use personal information include:
- to communicate with you and to respond to your inquiries regarding our products and services;
- to enable you to engage with us and to use our Products and Services, and resulting deliverables;
- to improve our business, internal programs and operations;
- to process, track and communicate with you about our Products and Services;
- to establish, maintain and manage business relations with you so that we may provide you with the information, products or services that you request;
- internal business purposes, such as administering or improving our products and services;
- to perform internal market research; to conduct polls, surveys and promotional activities, and for statistical purposes;
- to obtain feedback regarding our Products and Services and our ability to address the needs of our clients;
- to provide you with information and promotional materials regarding Archipelago and Archipelago’s products and services;
- to protect us against error, fraud, theft or damage to our business or our property, including our financial interests;
- to collect debts owed to us;
- to manage or transfer our assets or liabilities, such as in the case of an acquisition or merger, or refinancing;
- to comply with any legal, accounting and regulatory requirements, applicable laws, and any search warrants, subpoenas or court orders; and
- any other reasonable purpose for which you provide consent.
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.
Your personal 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 providing the Products or Services to you, we may delegate our authority to collect, use or disclose your information to our affiliates and to third party subcontractors. Third party subcontractors may include, without limitation, web hosts; payment or other data processors; credit verification services; file sharing and storage services; delivery and logistics providers; email marketing service providers, and legal, financial and human resources advisors. 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 means to provide a comparable level of protection while the information is being used or processed 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.
We may 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 business, assets, or third parties.
Subject to certain restrictions and unless prohibited by law, Archipelago 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, Archipelago 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.
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; secure websites; store personal information in secure electronic folders; 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. When destroying personal information, we delete electronically stored personal information and shred any tangible materials containing personal information. While we will endeavor 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 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.
Archipelago 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 to access or transfer your information. 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.
In certain circumstances, Archipelago 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, or if your personal information changes. You have the right to withdraw consent to our use of your personal information. You acknowledge that withdrawal of consent may affect our ability to provide information or Services to you, or your ability to use our Products. All notices and requests regarding inaccuracies, changes or withdrawal of consent should be in writing and sent to the Privacy Officer at the addresses set out above (see: Accountability and Openness / Compliance).
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 (persons under the age of majority as defined in your jurisdiction) should not use our website or Services, and we request that minors do not submit any personal information to us. Archipelago does not knowingly collect personal information from minors without parental consent.
Your access to and use of the Archipelago website, Products and Services, 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). You attorn to the exclusive jurisdiction of the courts of British Columbia for all matters arising under or in connection with this Policy, your use of Archipelago website, Products and Services. 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.