Canari Privacy Policy

Last Updated: August 13, 2019

Testfire, Inc. d/b/a Testfire Labs (“Testfire”/“we”/“us”/“our”) owns and operates the website located at https://canari.ai/ (“Website”), and any subdomains used in connection with or related to the same, and the Canari mobile application (the “App”). Testfire is committed to protecting your privacy. This Privacy Policy describes how we collect, store, use and distribute information about our users through the Website, App and Service (as defined in our Terms of Service). Our Service is provided to individual users who have registered for an account with us (“End Users”) and any information collected via the Website, App and Service from or about End Users’ will be used according to this privacy policy.

A Note About Children. We do not intentionally gather Personal Information (defined below) from visitors who are under the age of 13. If a child under 13 submits Personal Information to Testfire and we learn that the Personal Information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Information from a child under 13, please contact us at privacy@testfirelabs.com.

A Note to Users Outside of the United States and Canada. If you are a non U.S. or non-Canadian user of the Website, by visiting the Website and providing us with data, you acknowledge and agree that your Personal Information may be processed for the purposes identified in this Privacy Policy. In addition, your Personal Information may be processed in the country in which it was collected and in other countries, including the United States and Canada, where laws regarding processing of Personal Information may be less stringent than the laws in your country. By providing your data, you consent to such transfer.

Lawful processing: We process your personal information only to the extent necessary for the performance of our obligations to you, which is in providing the Services to you under our terms of service at canari.ai/terms-of-service. We set out below the type of personal information that we collect and how we use it. Except as set forth in this Privacy Policy, your Personal Information will not be used for any other purpose without your consent. We will not actively collect Personal Information for the purpose of sale or marketing in a way that specifically identifies the individual. In other words, we don’t sell user lists. You may withdraw your consent to our processing of your Personal Information at any time. However, withdrawing consent may result in your inability to continue using the Website, App and/or the Services.

Data Controller and data processor. We act both as a data controller (where we have direct control of your personal data) and as a data processor (where you we may process your personal data on behalf of one of our commercial partners (“Commercial Partner”)). We act as a data controller for any of your personal information that is stored in your own account. However, if you are using the Service either (i) as an employee, contractor or similar of a Commercial Partner; or (ii) an individual interacting with a Commercial Partner, then your interactions with that Commercial Partner (including any associated personal information) are controlled by that Commercial Partner and we act as a data processor on their behalf. We will explain the different impact of whether we are a data controller or a data processor in relevant sections below.

Collection of Information: Unless you have otherwise given us appropriate consent, we collect, use and disclose only such information as is required to enable us to manage your account, to provide the Service, to maintain our user/visitor lists, to respond to your inquiries or provide feedback, for identification and authentication purposes and for service improvement. We will maintain the confidentiality of any contact information you provide to us on signing up for our Service or contacting us with questions or for further information and we will use it only for the purposes for which we have collected it (subject to the exclusions and disclosures we have listed below), unless you agree that we may disclose it to other third parties.

Two types of information may be collected through the Website, App and our Service: Personal Information and Non-Personal Information. This Privacy Policy does not extend to the collection, use or disclosure of the following information which is currently not limited by applicable privacy laws: (a) information that is publicly available, such as names, addresses, telephone numbers and electronic address when listed in a directory or made available through directory assistance; or (b) Non-Personal Information (as defined further below).

Personal Information” is personally identifiable information, such as your name, address, e-mail address, credit card information, birth date and gender. At the time of collection, we will clearly identify the information being collected and the purposes for which it will be used. It is always your choice whether or not to provide Personal Information but if you choose not to provide certain requested Personal Information, in some instances you may not be able to register to use the Website, App or Service or be able to access and them at all. In other instances, your choice not to provide certain other Personal Information may mean that you will not be able to use certain features of the Website, App or Service. We may collect Personal Information in respect of the Website, App or Service through registration processes; communications with you; information downloads; service use; purchases; user support; and surveys.

Non-Personal Information” is information of an anonymous nature, such as the domain used to access the Website, App or Services, and the type and version of browser or operating system being used by visitors to access the Website, App or Service. Aggregate information, such as demographic statistics of our users (e.g. average age or geographical location of our users), number of visitors, what pages users access or visit, and average time spent on the Website, App or Service is not considered Personal Information. Similarly, business contact information such as the name, title, business address, e-mail address, or telephone number of a business or professional person or an employee of an organization is not considered Personal Information.

Although the use of certain Non-Personal Information collected, used or disclosed through the Internet as described herein is not restricted (and to the extent that such is the case, the obligations under this Privacy Policy do not apply to such information), we provide information in this Privacy Policy about the collection of such information for the sake of transparency with respect to the operation of the Website, App and Service. Such Non-Personal Information is collected or derived by us in the course of operating this Website, App and our Services. For example, our servers may automatically collect Non-Personal Information that is provided through your browser or stored in a cookie.

Connecting Through Third Party Sites. Users may login or register to use the Service through certain third party sites (“SNSs”). If you are already logged into the App or Service and a SNS or a Third-Party Account, when you connect to the SNS or Third-Party Account, you may be prompted to merge your profiles. By proceeding, you are allowing the App and/or Service to access your information and you are agreeing to the SNSs’ or Third-Party Account’s Terms of Use in your use of the App or Service. Conversely, if you are not currently registered as a user of the App or Service, and you click on “Sign in” the SNS or Third-Party Account that we support, you will first be asked to enter your SNS or Third-Party Account credentials and then be given the option to register for the App or Service. In this case, we may receive information from the SNS or Third-Party Account to make it easier for you to create an account on the Website and show our relevant content from your SNS friends. Once you register on the Website and connect with the SNS or Third-Party Account you will be able to automatically post recent activity back to the SNS or Third-Party Account. Any information that we collect from your SNS account or Third-Party Account may depend on the privacy settings you have with that SNS or Third-Party Account, so please consult the SNSs’ or Third-Party Account’s privacy and data practices.

Collection and Use of Information: We collect information for the following purposes:

If we plan to use your Personal Information in future for any other purposes not identified above, we will only do so after informing you by updating this Privacy Policy. See further the section of this Privacy Policy entitled ‘Amendment of this Policy’.

Disclosures & Transfers: We have put in place contractual and other organizational safeguards with our agents and employees to ensure a proper level of protection of your Personal Information (see further Security below). In addition to those measures, we will not disclose or transfer your Personal Information to third parties without your permission, except as specified in this Privacy Policy (see further Important Exceptions below).

As at the date of this Privacy Policy, we share Personal Information about you in respect of the Website, App or Service only with our service providers and partners which include website hosting, cloud service providers, analytics providers and email marketing providers. Our service providers may host data worldwide and accordingly your Personal Information may be available to governments worldwide under a lawful order, irrespective of the safeguards we have put in place for the protection of your Personal Information.

From time to time we may employ third parties to help us improve the Website, App and/or the Service. These third parties may have limited access to databases of user information solely for the purpose of helping us to improve the Website, App and/or the Service and they will be subject to contractual restrictions prohibiting them from using the information about our members for any other purpose.

Our App and Service may enable you to post content to SNSs or other Third-Party Accounts. If you choose to do this, we will provide information to such SNSs or Third-Party Accounts in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third-party provider of such SNSs or Third-Party Accounts. We will not be responsible or liable for: (i) the availability or accuracy of such SNSs or Third-Party Accounts; (ii) the content, products or services on or availability of such SNSs; or (iii) your use of any such SNSs or Third-Party Accounts

Important Exceptions: We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Website or App members, other users of the Service, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. We may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law.

We may also disclose your Personal Information in connection with a corporate re-organization, a merger or amalgamation with another entity, a sale of all or a substantial portion of our assets or stock, including any due diligence exercise carried out in relation to the same, provided that the information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information.

Security: The security of your Personal Information is important to us. We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Personal Information that you provide to us. We have implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.

You are also responsible for helping to protect the security of your Personal Information. For instance, never give out your email account information or your password for the Service to third parties.

Retention: We will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained personal information will remain subject to the terms of this Privacy Policy. If you request that your name be removed from our databases, it may not be possible to completely delete all your Personal Information due to technological and legal constraints.

Amendment of this Policy: We reserve the right to change this Privacy Policy at any time. If we decide to change this Privacy Policy in the future, we will send you an email or in-App notification. Any non-material change (such as clarifications) to this Privacy Policy will become effective on the date the change is posted and any material changes will become effective 30 days from their posting on the Website or App. Unless stated otherwise, our current Privacy Policy applies to all Personal Information that we have about you. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Privacy Policy for your reference and revisit this policy from time to time to ensure you are aware of any changes. Your continued use of the Website, App or Service signifies your acceptance of any changes. You should consult this Privacy Policy regularly for any changes.

If you decide at any time that you no longer wish to have your Third-Party Account linked to your account, please contact us at privacy@testfirelabs.com.

Access, Accuracy and Right to be Forgotten: Where we act as a data controller, you have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, where we act as a data controller we will provide you with a copy of your Personal Information although in certain limited circumstances, we may not be able to make all relevant information available to you such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner. If we act as data processor we will communicate your request to the appropriate data controller.

Where we act as a data controller, we will make every reasonable effort to keep your Personal Information accurate and up-to-date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service. If we act as data processor we will work with the appropriate data controller to keep your Personal Information accurate and up-to-date.

In addition, in certain jurisdictions in which we operate, where we act as a data controller you may have the right under applicable law to:

Contact Us: You can help by keeping us informed of any changes such as a change of address or telephone number. If you would like to access your information or would otherwise like to exercise any of your rights in respect of your personal information (whether as set out above or otherwise), if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at: privacy@testfirelabs.com.