RECON™ INSTRUMENTS PRIVACY POLICY

Last Updated: April 16, 2015.

 

Your privacy is important to Recon Instruments Inc. (“Recon”). This Privacy Policy explains how Recon collects, uses, discloses, retains and deletes your personal information, including information collected by Recon as a result of your use of Recon’s website, Recon services (including the Engage™ service), Recon software (including computer software and mobile apps) and Recon products (including heads-up display devices).

This Privacy Policy applies to all Recon products and services that do not have their own, specific privacy policy.

In addition to this Privacy Policy, Recon’s Customer Support website (www.reconinstruments.com/support) provides detailed information about the choices you can make regarding the privacy of your personal information. Recon encourages you to read that information and to select the privacy settings that reflect your privacy preferences.

1.   Your Consent

By providing Recon with your personal information, you consent to the collection, use, disclosure, retention and deletion of that information in accordance with this Privacy Policy and as otherwise permitted by applicable law.

If you are under the age of majority in the jurisdiction in which you live (which in most jurisdictions is either 18 or 19 years of age), then your parent or legal guardian must submit orders or register for Recon products and services (including registering for the Engage™ service) on your behalf, and by doing so your parent/guardian consents, and confirms that you consent, to the collection, use, disclosure, retention and deletion of your personal information in accordance with this Privacy Policy and as otherwise permitted by applicable law.

2.   Personal Information

In this Privacy Policy, “personal information” means information about an identifiable individual.

3.   Information That Recon Collects

(a)   Information You Provide

You may give your personal information to Recon when you interact with Recon, including when you purchase a product or service from Recon through Recon’s online store, when you register a Recon product, when you download, register or use Recon software or when you register for or use a Recon service (including the Engage™ service). In those circumstances, you can choose not to provide certain requested personal information, but then you might not be able to proceed with your intended interaction or otherwise receive the full benefit of Recon products, software or services.

You may give your personal information to Recon by connecting Recon products, software and services (including the Engage™ service) to third party services (such as Facebook™ or Instagram™), so that your personal information and other content is shared between Recon products, software and services and the third party services.

You may give Recon the personal information of other individuals (such as your family or friends) when you post information or content about those persons to the Engage™ service or in other situations. Please ensure that you have the consent of those individuals before you provide their personal information to Recon.

(b)   Information that Other Persons Provide

Other users of Recon products, software and services may provide Recon with information about you. Recon relies on those other users to obtain your consent to their disclosure of your personal information to Recon and to Recon’s use, disclosure and retention of the information that they provide to Recon.

(c)   Automated Collection

Recon will respect the choices you make regarding the automated collection of your personal information as indicated in the settings of your Recon products, software and services (including your account profile for the Engage™ service). For more information about those settings, please see Recon’s Customer Support website: www.reconinstruments.com/support.

Recon may automatically collect certain non-personal information regarding your use of Recon services (including the Engage™ service), such as the dates and times that you access a service, the browsers, operating systems, software and devices that you use to access a service and details of your use of a service. Recon may use that information for various purposes, including to administer and improve Recon products and services.

Recon products (including heads-up display devices) and software (including mobile apps) may collect and store information locally and then transmit that information to Recon when you connect the product or device to Recon services (including the Engage™ service).

If you connect a Recon product to Recon software or a Recon service, the software or service may automatically collect certain information regarding the product and your use of the product. Recon may use that information to provide you with technical support regarding the product and to improve Recon products, software and services. For more information, please see Recon’s Customer Support website: www.reconinstruments.com/support.

Recon software may be configured to transmit to Recon certain diagnostic information and other information regarding your use of the software and related products and devices. Recon may use that information to provide you with technical support regarding the software or to improve Recon products, software and services. For more information, please see Recon’s Customer Support website: www.reconinstruments.com/support.

Recon’s website, online services, email messages and advertisements may use “cookies” and other similar technologies, such as web beacons and pixel tags. Those technologies collect information that assists Recon to improve products, software and services and customer communications. Recon may use information collected through technological means to recognize you as a user of Recon’s website or online services and to facilitate and improve your use of Recon’s website and online services. Recon may use web beacons, pixel or gif tags, and action tags to confirm that email messages have been delivered to and opened by you.

Much of the information that is automatically collected by technological means is non-personal information (because the information does not identify you), and Recon will deal with that non-personal information as explained below in this Privacy Policy unless applicable law requires otherwise.

You may choose to decline or disable cookies if your web browser or device permits, but doing so may affect your ability to access or use certain features of Recon’s website, products and services. You may also configure Recon software (including certain operating system software installed on certain Recon products) to not collect or transmit certain information to Recon. For more information, please see Recon’s Customer Support website: www.reconinstruments.com/support.

(d)   Location Data

Certain Recon products (including heads-up display devices) and software automatically collect precise location data, including the real-time geographic location of the Recon product or the related computer or mobile device, using various available technologies, including GPS, Bluetooth, IP addresses and Wi-Fi access points and cell tower locations, and store the location data on the product or related device.

If you connect a Recon product or related computer or mobile device to the Engage™ service, then the Engage™ service will automatically collect and process the location data and then use, disclose and retain the location data in accordance with your Engage™ account settings and the choices that you make regarding your use of the Engage™ service. If you do not want the Engage™ service to access location data stored on your Recon product or related computer or mobile device, then you can delete the location data from the product before you connect the product or device to the Engage™ service. For more information, please see Recon’s Customer Support website: www.reconinstruments.com/support.

If the location data contains your personal information, then Recon will treat the location data as personal information in accordance with this Privacy Policy. If the location data does not personally identify you, then Recon will treat the location data as non-personal information in accordance with this Privacy Policy.

4.   How Recon Uses Personal Information

Recon will respect the choices you make regarding the disclosure of your personal information as indicated in the settings of your Recon products, software and services (including your account profile for the Engage™ service). For more information about those settings, please see Recon’s Customer Support website: www.reconinstruments.com/support.

Recon uses your personal information for various purposes, including: (a) to provide you with services (including to create and manage your accounts for Recon services) and to improve your experience; (b) to administer Recon’s relationship with you, including to contact and correspond with you regarding products and software you have purchased, downloaded or registered with Recon and Recon services for which you have registered; (c) to facilitate your transactions with Recon, including processing orders and payments; (d) to process and respond to your inquiries, requests and other communications with Recon; (e) to provide you with general information regarding Recon and its products and services, to the extent permitted by applicable law; (f) to administer and facilitate your participation in contests and promotions related to Recon products, software and services; (g) to maintain, protect and improve Recon products, software and services to develop new products, software and services; and (h) to protect and enforce Recon’s legal rights, interests and remedies and to protect the business, operations and customers of Recon or other persons.

Recon may combine your personal information collected by Recon through various sources (including information collected through Recon’s website and services and from Recon products and software).

Recon may use personal information to create non-personal information, and Recon may then use, disclose, transfer and retain the non-personal information as explained below in this Privacy Policy.

5.   How Recon Discloses Personal Information

Recon will respect the choices you make regarding Recon’s disclosure of your personal information as indicated in the settings of your Recon products, software and services (including your account profile for the Engage™ service). For more information about those settings, please see Recon’s Customer Support website: www.reconinstruments.com/support.

(a)   Information That You Share

You may use Recon software and Recon services to share your personal information and other information (including the personal information of other individuals) and content (including photographs and videos of you and other persons) with other users of Recon services (including the Engage™ service) and with other third party services (such as Facebook™ or Instagram™). When you do so, the information and content that you share can be read, collected, used, retained and disclosed by other persons and by the operators of other services. For example, if you include your name, contact information or image in a posting on the Engage™ service, that information may be available to the public unless you configure your Engage™ account to restrict the information to specific users.

You are solely responsible for the information and content that you choose to share with other users or with third party services (such as Facebook™ or Instagram™). Recon has no control over, or responsibility or liability for, the way in which the information or content that you share is collected, used, retained or disclosed by other persons or by third party services. Recon encourages you to be careful when you share information or content.

(b)   Specific Consents

In addition, Recon may disclose your personal information in accordance with the specific consents that you give when you provide the information to Recon and in accordance with the terms of use, terms of service or other agreements that you accept when you order Recon products, download or install Recon software, or register for Recon services.

(c)   Suppliers and Service Providers

Recon may disclose your personal information to Recon’s trusted suppliers and service providers to assist Recon in the provision of services to you, to provide products and services to Recon (including to conduct customer research and satisfaction surveys and to provide customer communications, data processing and data management and marketing services), to assist Recon to use your personal information in accordance with this Privacy Policy, and as otherwise permitted by applicable law.

(d)   Law Enforcement/Legal Disclosures

Your personal information may be subject to access by, and disclosure to, law enforcement agencies in accordance with applicable law. Recon may disclose your personal information as required or authorized by applicable law, including to comply with a subpoena, warrant or court or arbitral order or litigation disclosure obligation. Recon may disclose your personal information to law enforcement agencies or other organizations if Recon reasonably believes the disclosure is necessary or appropriate in connection with national security, law enforcement or other issues of public importance, or if Recon reasonably believes the disclosure is necessary or appropriate to protect and enforce Recon’s legal rights, interests and remedies or to protect the business, operations or customers of Recon or other persons (including to enforce any of the terms of use, terms of service or other agreements that govern access to or use of any Recon products, software and services). Recon has no control over, or responsibility or liability for, the use, disclosure, retention and deletion of your personal information by the agencies, organizations or other persons to whom Recon discloses the information in the foregoing circumstances, and the use, disclosure, retention and deletion of the disclosed information by those agencies, organizations or other persons is not subject to this Privacy Policy.

(e)   Recon Business Transactions

Recon may disclose your personal information in connection with a proposed or actual business transaction in which Recon is involved (such as a corporate reorganization, merger or acquisition, or the sale of some or all of Recon’s business or assets), but Recon will require the information recipient agree to protect the privacy of your personal information in a manner that is consistent with this Privacy Policy and applicable law.

6.   Location of Personal Information

Recon may process, store and use your personal information at facilities in various countries, including Canada and the United States of America. The personal information protection laws of those other countries might be different from the laws of jurisdiction in which you reside, and might permit courts, government, law enforcement agencies, regulatory agencies and security authorities to access your personal information without notice. By providing Recon with your personal information, you consent to the transfer of your personal information to facilities located in other countries and the processing and storage of your personal information at those facilities.

7.   Retention and Protection of Personal Information

Recon retains your personal information for the period reasonably necessary for the purposes set forth or referenced in this Privacy Policy or a longer retention period required or permitted by applicable law. Recon will delete or dispose of your personal information when Recon is no longer reasonably required to retain the information for the purposes set forth or referenced in this Privacy Policy or for legal compliance purposes.

Recon employs reasonable safeguards – including administrative, physical and technical security and safeguarding measures and solutions – appropriate to the sensitivity of the personal information in Recon’s possession or under Recon’s control in order to protect the information from unauthorized access, collection, use, disclosure, disposal or similar risks. Nevertheless, security risks cannot be eliminated and Recon cannot guarantee that your personal information will not be used or disclosed in ways not otherwise described in this Privacy Policy.

8.   Accuracy and Access to Personal Information

Recon will rely on you to ensure that your personal information is as accurate, complete and up to date as necessary for the purposes for which Recon uses the personal information. You will promptly notify Recon of any changes to your personal information (including your Engage™ account information and payment information) using the procedures made available for that purpose by Recon, including by updating your information through Recon’s website or using the Engage™ service or by contacting Recon’s Chief Privacy Officer at privacy@reconinstruments.com.

You may reasonably request access to your personal information and information about Recon’s collection, use, disclosure, retention and deletion of your personal information by submitting a written request to Recon’s Chief Privacy Officer using the contact information noted below. Subject to applicable exceptions and limitations prescribed by applicable law, you will be given reasonable access to your personal information and you will be entitled to challenge the accuracy and completeness of your personal information and to have the information amended as appropriate. You may be required to pay a reasonable fee for access to your personal information.

Recon may decline to process a request that is unreasonably repetitive, frivolous, vexatious or impracticable, that infringes or jeopardizes the privacy of other persons, or for which access is not required by applicable law.

Recon attempts to provide services in a manner that protects information from accidental or malicious destruction. Because of that, after you delete your information or content from Recon services, Recon might not immediately delete residual copies of the information or content from Recon’s systems.

9.   Non-Personal Information

Recon creates and collects non-personal information (information that is not about an identifiable individual), including personal information that has been aggregated or otherwise depersonalized so that it no longer relates to an identifiable individual. Recon may use, disclose, transfer and retain non-personal information for any purpose and in any manner whatsoever.

If non-personal information is combined with personal information, then Recon will treat the combined non-personal information as personal information for the purposes of this Privacy Policy for as long as the non-personal information is combined.

10.   Other Matters

(a)   App Store Operators:  You may obtain a copy of Recon software (including a mobile app) from an online app store operated by an unaffiliated third party (such as Apple and Google). You may be required to disclose your personal information to an app store operator in order to download a copy of Recon software. Recon has no control over, or responsibility or liability for, the collection, use, disclosure, retention and deletion of your personal information by any app store operator. Each app store operator’s use, disclosure, retention and deletion of your personal information are governed by the app store operator’s own privacy policy (not this Privacy Policy).

(b)   Business Contact Information:  To the extent permitted by applicable law, the provisions of this Privacy Policy concerning personal information do not apply to information (such as your name, position or title, business address, business telephone number, business fax number and business email address) that enables you to be contacted at a place of business.

(c)   Other Recon Agreements:  The agreements that you accept when you order or register for Recon products and services or install Recon software contain important provisions, including provisions disclaiming, limiting or excluding Recon’s liability and provisions determining the applicable law and exclusive jurisdiction for the resolution of disputes. To the extent permitted by applicable law, each of those provisions applies to any dispute that may arise in relation to this Privacy Policy or Recon’s collection, use, disclosure, retention and deletion of your personal information, and are of the same force and effect as if they had been reproduced directly in this Privacy Policy.

(d)   Children:  Recon does not knowingly collect personal information from or relating to children who are under 13 years of age (or equivalent minimum age in the relevant jurisdiction) without the consent of the child’s parent or legal guardian. Recon expects parents/guardians to supervise and monitor their child’s disclosure of personal information to Recon. Children who are under 13 years of age (or equivalent minimum age in the relevant jurisdiction) are not permitted to register a Recon product or register for a Recon service. Please immediately contact Recon’s Chief Privacy Officer at the address noted below if you believe that Recon has unintentionally collected personal information from a child under 13 years of age (or equivalent minimum age in the relevant jurisdiction) without the consent of the child’s parent/guardian. If Recon learns that it has inadvertently collected the personal information of a child under 13 years of age (or equivalent minimum age in the relevant jurisdiction) without appropriate parent/guardian consent, then Recon will use reasonable efforts to delete that information from Recon’s systems (except to the extent that retention of the personal information is required or permitted by applicable law). If a parent/guardian needs to access, correct or delete data submitted by their child, they may contact Recon’s Chief Privacy Officer using the contact information noted below.

(e)   Other Websites/Services:  Recon’s website, products, software and services may contain links or connections to other websites or services. When you use those links or connections, you are contacting another website or service. Recon has no responsibility or liability for, or control over, those other websites or services or their collection, use, disclosure, retention and deletion of your personal information. Please refer to the privacy policies and terms of use that apply to those other websites or online services.

(f)   Contacting Recon’s Chief Privacy Officer:  If you have any comments or questions about this Privacy Policy or how Recon deals with your personal information, please contact Recon’s Chief Privacy Officer by mail, facsimile or email at: Recon Instruments – Chief Privacy Officer, 100 – 1050 Homer Street, Vancouver, British Columbia, V6B 2W9, Canada, email: privacy@reconinstruments.com.

(g)   Changes to this Policy:  Recon may change this Privacy Policy from time to time by posting a new version of this Privacy Policy on Recon’s website. Recon’s collection, use, disclosure, retention and deletion of your personal information will be governed by the version of this Privacy Policy in effect at that time. Your continued dealings with Recon subsequent to any changes to this Privacy Policy will signify your consent to the collection, use, disclosure, retention and deletion of your personal information in accordance with the changed Privacy Policy. Accordingly, you should check the “Last Updated” date of this Privacy Policy (at the top of this Privacy Policy) and review any changes since the last version.