Privacy Policy

Last updated: March 10, 2023

Who We Are

Our website address is: https://skywatch.com

What personal data we collect and why we collect it

SkyWatch Space Applications Inc. (“SkyWatch”) is committed to preserving the privacy of all individuals who use our websites, our platform, applications, tools, or products, and related content (“Services”) and provide us with their information. Accordingly, this Privacy Policy is designed to help you understand how your personally identifiable information (“personal information”) is collected, used, stored and disclosed when you engage with us. Before registering, submitting any content or personal information, or otherwise engaging with us, please make sure that you read and understand this Privacy Policy as well as our Terms of Service (our "Terms").

This Privacy Policy applies to the personal information you provide us when using our Services or submitting information over a form or email. In the course of engaging with us, you may use a third party’s intellectual property, tool or resources (e.g., for payment processing), and such third party’s privacy policy may also apply to you. We encourage you to read and review each privacy policy that applies to you as our Privacy Policy terms may differ from the terms contained in third parties’ privacy policies.

You are under no obligation to provide personal information, with the caveat that your refusal to do so may prevent you from using certain portions of our Services. SkyWatch does not collect, use, store or disclose personal information without your consent, except as required by law or as set out below.

SkyWatch will identify the purposes for which personal information is collected at or before the time it is collected. If SkyWatch seeks to use personal information that has been collected for a purpose not previously identified, we will seek your consent prior to use, unless it is otherwise permitted by law.

If you have any objections to the terms in this Privacy Policy, you should not use our Services or provide us with any of your personal information, as providing your personal information to us you will be deemed to have consented to the processing of such data. If you have any hesitations or are unsure about any of the terms we invite you to contact us with questions at the contact details provided below.

PART A – COLLECTION OF PERSONAL INFORMATION

1. INFORMATION YOU PROVIDE

We collect the personal information that you provide to us, which may include, but is not limited to:
basic personal information, including your name and contact information;

• information about third parties with whom you are sharing content using our Services and information about your use of our Services;
• analytical information including by not limited to, your login data, browser type and version, time zone settling and location, browser plug-in and versions, operating system and platform and other technology on the devices you use to access our website and application;
• information collected in a dispute resolution if applicable;
• any feedback you provide regarding our products and services; and
• geographic and special areas that you monitor
• satellite data sources you use.

2. AUTOMATIC INFORMATION

We may collect and store anonymous information (“Automatic Information”) about you as you engage with our Services. This information may be collected using various technologies including, without limitation, cookies, Internet tags and navigational data. Automatic Information will not be published or made public through our Services.

Some of this information is automatically transmitted to us through your browser, such as the URL that you just visited, the browser version that your computer uses, the date etc. Cookies are alphanumeric identifiers that are stored on your device with which you access the Services. These cookies allow us to adjust our Services to meet your personal browsing preferences. If your browser is not set to allow cookies, you may not have access to all areas or features of the website.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.

3. TRACKING

Some web browsers may be configured to send “Do Not Track” signals to websites, or you may use similar mechanisms, to indicate your preference that certain web technologies not be used to track your online activity. Our website does not accept or process Do Not Track signals or similar mechanisms.

PART B – USE OF YOUR INFORMATION

To accomplish any of the purposes listed below, we may combine personal information, Automatic Information, and non-personal information collected through your use of our Services. This information may be used in a variety of ways including, but not limited to:

• to connect you to members of our team;
• to enforce our Terms;
• to prevent, detect and investigate potentially prohibited or illegal activities, fraud and security breaches;
• to collect data on our Services;
• to improve our Services;
• to contact you for the purpose of marketing, promotional offers, updates and any other purpose set out in our Privacy Policy and as permitted by the preferences you have indicated;
• to analyze trends, administer the Services, track your website navigation and gather broad demographic information;
• personalize your experience while using our Services; and
• to provide you with any additional information you may request.

Except as set forth above, your personal information will not be provided to any other users of our Services. We reserve the right to use personal information and Automatic Information as set forth in our Terms, if applicable.to connect you to members of our team;

• to enforce our Terms;
• to prevent, detect and investigate potentially prohibited or illegal activities, fraud and security breaches;
• to collect data on our Services;
• to improve our Services;
• to contact you for the purpose of marketing, promotional offers, updates and any other purpose set out in our Privacy Policy and as permitted by the preferences you have indicated;
• to analyze trends, administer the Services, track your website navigation and gather broad demographic information;
• personalize your experience while using our Services; and
• to provide you with any additional information you may request.

Except as set forth above, your personal information will not be provided to any other users of our Services. We reserve the right to use personal information and Automatic Information as set forth in our Terms, if applicable.

PART C – DISCLOSURE OF YOUR INFORMATION

1. TO HELP WITH BUSINESS OPERATIONS

We may disclose your personal information to our representatives, affiliates, suppliers or other third parties with whom we do business (our “Business Partners”) when it is deemed necessary for our business operations. For example, from time to time, we may engage companies or individuals for certain services on our behalf including, without limitation, conducting audits, performing legal services, processing credit card payments, collecting feedback, and providing customer service. Our Business Partners and any other third-party service providers will only have incidental access to personal information to the extent required to perform their services. They are prohibited from using your personal information for any purpose other than assisting with our business operations.

2. SAFETY AND SECURITY

We may disclose your information as necessary to protect the safety or security of users of our Services, to detect and prevent fraud or abusive behaviour, or when otherwise required or permitted by law.

3. TRANSFER OR SALE

In the event that we sell, transfer or otherwise dispose of our business to an affiliate, successor, assign or other third party entity, we may disclose personal information. Our business may wish to sell or buy subsidiaries or business units, in which case such a transaction may require that customer information, including personal information, be transferred as a business asset. However in the event that such a transaction occurs, any customer information will remain subject to the terms of any pre-existing Privacy Policy.

4. LEGAL REQUIREMENT

We may disclose your information, if required, to:

• supervisory authorities, tax authorities, police and other regulatory authorities as required by law or in response to a subpoena, court order, or other legally valid inquiry or order; or
• to either prevent/minimize a criminal offense or to protect a person’s rights and personal and or financial health

5. CONSENT

In addition to permissions already granted under this Privacy Policy by you, we may provide, disclose or transfer your personal information with your consent provided either as a part of the Services or in writing by you otherwise.

PART D – PROTECTING, RETAINING AND STORING YOUR INFORMATION

1. PROTECTION

In order to help prevent unauthorized access to, maintain data accuracy and ensure the correct use of your information, we have put in place commercially reasonable and industry accepted physical, electronic and managerial procedures to safeguard and secure the information we collect through our Services. That said, we cannot guarantee that information provided to us through our Services will remain private, or that the information you transmit to us over the Internet will not be intercepted.

2. STORAGE

Your information is currently stored in Canada as well other jurisdictions in which our Services’ technology platform resides. However, we retain the right to transfer your information to an affiliate or third party to protect the information or for internal business reasons as we see fit. BY AGREEING TO THIS PRIVACY POLICY, YOU AGREE AND CONSENT TO US DOING SO WITHOUT YOUR FURTHER CONSENT.

3. IDENTIFICATION

To help prevent unauthorized access to your personal information you are responsible for keeping your username, password and API key (collectively, “ID”) that you receive upon registration with our Services private and confidential. You are solely responsible for preventing the unauthorized use of your ID. If you suspect that your information has been compromised or that your account has been accessed without your consent, please immediately contact us at the contact information provided below.

4. RETENTION

We may store your personal information until the agreement which governs your use of the Services is terminated, or as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. We will use commercially reasonable efforts to delete your personal information and any other information you may have provided to us in a reasonable time frame.

5. WITHDRAWAL OF CONSENT

If you wish to cancel your account or revoke your consent for the collection, use or disclosure of your personal information at any time, please contact us at the contact information provided below. Your withdrawal of consent is not retroactive, since we may already have used your personal information for the purposes described herein, it will be applied on a go-forward basis.

PART E – ELECTRONIC COMMUNICATIONS

Should you submit an inquiry through our Services, or otherwise communicate with us electronically, you consent to us responding to such inquiries electronically.

In addition, with your consent we may use personal information to contact you with our customer support materials or with notices about promotions, sales, new features made available, service interruptions (planned and unplanned). If you would like to opt out of future promotional materials from us, you may indicate this preference by selecting the unsubscribe instructions at the end of our electronic communications. Please note that if you opt out of messages from us, we may continue to send you account-related updates so as to continue to support your account.

PART F – ACCESSING AND MODIFYING YOUR PERSONAL AND ACCOUNT INFORMATION

You can access and modify your personal and account information using the tools provided through our Services. We will not modify your personal or account information.

At any time, you may request access to or removal of your personal information by contacting us at the contract information provided below. We will respond to your request within a reasonable time period, and process it as appropriate under applicable law. Your request may be subject to a processing fee as allowed under law.

PART G – NOTICE

1. NOTICE TO CALIFORNIA RESIDENTS

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To request a copy of this information or to opt out of these disclosures, please contact us at the contact information provided below.

2. EUROPEAN ECONOMIC AREA (EEA) NOTICE

If you are located in a country in the European Union (EU) and utilize our website tools which are offered to EU residents, or if we collect, track, use or process in some other way your personal information collected from you or through your use of our website, or we transfer that personal information, we will do so in accordance with this Privacy Policy, our Terms of Service, and in compliance with applicable requirements of the General Data Protection Regulation (EU 2016/679) (“GDPR”).

Transfers of Personal Information

SkyWatch is a data controller and responsible for your personal information, which SkyWatch processes and stores in the United States. SkyWatch uses the following safeguards when transferring your personal information to a country, other than Canada, what is not within the EEA:

(a) Only transfer your personal data only to countries that have been deemed to provide an adequate level of protection for personal information by the European Commission.

(b) Where your personal data is transferred to a country that is not deemed to have an adequate level of protection, we will ensure that our service providers contractually agree to implement measures that will ensure that your personal data has the same protection it has in the EU.

Opt-in

If you are an EU resident, we may only collect your data using cookies and similar devices, and then track and use your personal information where you have first consented to that. We will not automatically collect personal information from you as described above unless you have consented to us doing so. If you consent to our use of cookies and similar devices, you may at a later date disable them (please see above).

Your Legal Rights

Under certain circumstances, you may have rights under the data protection laws in relation to your personal information, including the right to:

• Request access to your personal information.
• Request correction of your personal information.
• Request erasure of your personal information.
• Object to processing of your personal information.
• Request restriction of processing your personal information.
• Request transfer of your personal information.
• Right to withdraw consent.

If you wish to exercise any of these rights, please contact our Privacy Officer to find out more information about what we may need from you and the time in which we should respond.

Data Protection Officer

We are required by the GDPR to have a data protection officer. The person who has that role is our Privacy Officer whose details are set out below.https://skywatch.com/legal/terms-of-service

PART H – CHANGES TO THIS PRIVACY POLICY

We reserve the right to change this Privacy Policy, and any other policies and procedures concerning our practices for managing personal information, at any time without prior notice to you. If this Privacy Policy is modified, we will post the most current version to our website (www.skywatch.co/). We will also post a notice of the change on any applications for four (4) weeks after any changes are made. At the top of the modified Privacy Policy we will include the date upon which it was last updated. Any changes that are made to this Privacy Policy will apply to both personal information that we hold prior to the effective date of the amended Privacy Policy and to any personal information collected on or after such effective date. Our successors and assigns may collect and use your personal information for substantially similar purposes as described in this Privacy Policy.

PART I – HOW TO CONTACT OUR PRIVACY OFFICER

Any questions, comments or concerns relating to this Privacy Policy, and any requests to correct or access personal information collected during your use of the Services, should be directed to the Privacy Officer at:

SkyWatch Space Applications Inc.
8 Queen St North
Kitchener, ON N2H 2G8
Canada
Attention: Privacy Officer

Email: info@skywatch.com

Telephone Number: +1 833-711-2090

You may also contact the Privacy Commissioner of Canada online or by telephone at: 1-800-282-1376.

Last Revised: March 10, 2023

PART J – DETAILS FOR CLICKS THROUGH – EEA SECTION

1. YOUR LEGAL RIGHTS

Right to request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.

Right to request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected, though we may need to verify the accuracy of the new information you provide us.

Right to request erasure of your personal information. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons, which will be notified to you, if applicable, at the time of your request.

Right to object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information that override your rights and freedoms.

Right to request restriction of processing of your personal information. This enables you to ask us to suspend the processing of your personal information in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the information is unlawful but you do not want us to erase it; (c) where you need us to hold the information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your personal information but we need to verify whether we have overriding legitimate grounds to use it.

Right to request the transfer of your personal information to you or to a third party. We will provide to you, or a third party you have chosen, your personal information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Right to withdraw consent at any time where we are relying on consent to process your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

2. INFORMATION FOR EU RESIDENTS WHO WISH TO EXERCISE THEIR LEGAL RIGHTS

No Fee Usually Required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we my charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What We May Need From You

We may need to request specific information from you to help us to confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time Limit to Respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

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