Privacy policy

Last Updated: October 25, 2023

In order for Othersphere to provide services and specifically the Othersphere services outlined in the Terms including but not limited to services you may access and use from the websites, https://www.othesphere.io and its family of websites and/or blogs and applications of the websites owned or later acquired by Othersphere (collectively, the “Services”) we may store, collect, and process various forms of information. Any reference to the “Services” includes a reference to any part of the Services. This site in its entirety is owned by Othersphere Systems, Inc. and its subsidiaries doing business as “Othersphere.” Othersphere ("Othersphere," "we" or "us") provides the Services to you in a beta capacity. The terms "you" and "user" means all individuals and entities that access the Service.

This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website and/or our mobile applications, including any other media form, media channel, mobile website, or mobile application related or connected thereto or use any part of the Services. Please read this privacy policy carefully.  If you do not agree with the terms of this Privacy Policy, please do not access the site.

This Privacy Policy also describes the choices available to you regarding our use of your Personal Information and how you can access and update this information, and what information you provide that we will retain even if you decide to cease using the Service.

You should also read our Terms which contains important information about the scope and nature of the Service, and the rules that apply to your use of our Service. All capitalized terms used in this Privacy Policy that are not defined in this Privacy Policy have the meanings given to them in the Terms for Othersphere.

Othersphere delivers Services to our testers and beta users. Your use of the Service indicates that you consent to our collection, storage, use and disclosure of your personal information and other information as described in this Privacy Policy and the Othersphere Terms. If you do not consent to the use of your Personal Information as described in this Privacy Policy or do not agree to the Terms, do not access our sites or use any part of the Services.

We reserve the right to make changes to this Privacy Policy at any time and for any reason.  Occasionally, we will update this Privacy Policy and revise the “last updated” notation at the top of this Privacy Policy. We will alert you about any material changes either by (notifying you by email (sent to the email address listed in your account), or by providing a notice on the Service with an updated Privacy Policy before the change becomes effective. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Services after the effective date listed in any such revised Privacy Policy.

This Privacy Policy describes how we use Personal Information (defined below) that we collect from you as part of you using our Services. For EU users, please see our special provisions under the “Special Information for EU Users” section below. For California users, please see our special provisions under the “CALIFORNIA PRIVACY RIGHTS” section below.

Collection of information

We may collect information about you in a variety of ways. The information we may collect through the Services includes:

  • Personal Data - Personally identifiable information, such as your name, email address, telephone number, account information, user names, and passwords (to the extent you have access to create a beta account), and demographic information, such as your age, geographic location and interests, that you voluntarily give to us or when you choose to participate in various activities related to the Services, such as surveys, online chat and message boards. We only collect personal information that we need. We encourage you to not provide us with any ‎personal information beyond what is necessary and as requested by us.‎ You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain features of the Services.
  • Derivative or Mobile Device Data - Information our servers automatically collect when you access the sites or Services, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before or your location when accessing the site or Services. If you are accessing our Services using a mobile application, this information may also include your device name and type, your operating system, your phone number, your country and other interactions with the application and other users via server log files, as well as any other information you choose to provide.
  • Data From Social Networks - From time to time, user information from social networking sites used for login, such as Google or other single sign on avenues may include your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks. If you share content from our sites or Services, data about you may likewise be shared with such social sharing services.
  • Data from Surveys, Feedback or Questionnaires - Personal and other information you may provide when entering contests or giveaways and/or responding to surveys.

Use of your information

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience.  Specifically, we may use information collected about you via the Services to:

  • Compile anonymous statistical data and analysis for use internally or with third parties.
  • Administer promotions or customer surveys.
  • Create, manage and/or contact you about your account.
  • Deliver targeted advertising, newsletters, and other information regarding promotions and the Services.
  • Enable user-to-user communications.
  • Fulfill and manage purchases, orders, payments, and other transactions related to the Services.
  • Monitor and analyze usage and trends to improve and/or customize your experience with the Services.
  • Notify you of updates to the Services.
  • Offer new products, services, mobile-enabled applications, and/or recommendations to you.
  • Perform other business activities as needed.
  • Request feedback and contact you about your use of the Services.
  • Resolve disputes and troubleshoot problems.
  • Respond to product and customer service requests.
  • To analyze user experience and improve the Service.
  • Send you a newsletter.
  • Assist law enforcement and respond to subpoena.
  • To carry out our obligations arising from any contracts entered into between you and us.
  • To comply with internal policies and procedures and other legal, accounting, or security requirements.

Disclosure of your information

We may share information we have collected about you in certain situations. Your information may be disclosed as follows:

  • By Law or to Protect Rights - If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
  • Third-Party Service Providers - We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
  • Marketing Communications - With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.
  • Interactions with Other Users - If you interact with other users of the Services, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users or otherwise interacting with other users.
  • Business Partners - We may share your information with our business partners to offer you certain products, services or promotions.
  • Other Third Parties - We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.
  • Sale or Bankruptcy - If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline honor commitments we made in this Privacy Policy.

We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations.  If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.

Tracking Technologies

Cookies and Web Beacons

We may use cookies, web beacons, tracking pixels, and other tracking technologies on the sites or through the Services to help customize the Services and improve your experience. When you access the sites or Services, your personal information is not collected through the use of tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the sites or Services. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis. For more information on how we use cookies,  we may post a Cookie Policy on the site, at which point it will be considered incorporated into this Privacy Policy. By using the site, you agree to be bound by our cookie policy as in place from time to time.

Internet-Based Advertising

Additionally, we may use third-party software to implement email marketing campaigns and manage other interactive marketing initiatives.  This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us.

Website Analytics

We may also partner with selected third-party vendors to allow tracking technologies and remarketing services through the current Services and any future Services we launch through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the site and/or our mobile applications when available, determine the popularity of certain content and better understand online activity. By accessing the Services, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions.

Third-party websites

The sites or Services may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the site, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information.

Security of your information

We use administrative, technical, and physical security measures to help protect your personal information.  While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse.  Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information and you should always exercise caution when disclosing personal information over the Internet.

Policy for children

We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below.

Controls for do-not-track-features

Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online.  If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

Options regarding your information

Account Information

You may at any time terminate your account by:

  • Logging into your account settings and updating your account
  • Contacting us using the contact information provided below

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to retain previous records, prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms and/or comply with legal requirements.

Emails and Communications

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:

  • Noting your preferences at the time you register your account with the sites.
  • Logging into your account settings and updating your preferences.
  • Contacting us using the contact information provided below.

If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.

Requests for Access to and Correction of Personal Information

Applicable privacy laws allow individuals the right to access and request the correction of errors or ‎omissions in their personal information that is in our custody or under our control. You may request ‎access to and review of your personal information in our possession. However, access may be declined ‎where permitted or required by applicable law.‎

You may request that we correct your personal information in our possession. We reserve the right ‎not to change any personal information if we do not agree that it is inaccurate or outdated, but will ‎append any alternative text the individual concerned believes appropriate.‎

If access cannot be provided, we will notify the individual making the request within 30 days, in writing, ‎of the reasons for the refusal.

CASL Policy

We are committed to compliance with Canada’s Anti-Spam Legislation (“CASL”).   Any electronic ‎communication we send to outside parties is protected by a range of business procedures, processes ‎and policies to ensure that such communication is done in compliance with CASL. In our electronic ‎communications with outside parties, we comply with the rules established by CASL and enforced by ‎various Canadian authorities including the Canadian Radio-television and Telecommunications ‎Commission. CASL regulates, and our policies generally apply to, each commercial electronic message ‎‎(a “CEM”) that we send. A CEM is an electronic message sent to an electronic address that, among its ‎purposes, encourages participation in a commercial activity.‎

In addition to adopting and updating this Policy, we undertake various transparency initiatives to ‎ensure we comply with CASL, which include:‎

  • Consent— we do not send you CEMs without your consent. This consent typically must be ‎‎“express” (expressly acknowledged by you), but in certain circumstances can be “implied”. In ‎other limited circumstances businesses are exempt from consent requirements. We adopted ‎our sign-up, registration and consent forms in order to ensure that your consent is meaningful ‎‎(i.e. informed and freely given) as required by CASL. When we collect your electronic contact ‎information, you will know the exact purposes behind the collection.‎
  • Content— we adopted processes to ensure that our CEMs contain the following requirements ‎prescribed under CASL, which will usually be in the footer of the CEM. We will:‎
  • Identify ourselves as the party sending the CEM, and whether we are sending the ‎message on our own behalf or on behalf of someone else;‎
  • Provide you with our contact information; and
  • Set out a clear, working unsubscribe mechanism or preference centre that is easy to use, ‎automatic, and at no cost to you (other than your own cost of connecting to the ‎Internet).‎
  • Clarity— we ensured that each aspect of a CEM, including its header, content, or any links or URLs ‎in the CEM) conveys the appropriate information, whether viewed individually or taken as a ‎whole, so that you always know what you are clicking on.‎

If you receive a CEM from us but believe that you should not have or no longer wish to receive CEMs, ‎we will aim to respect your preferences in a timely manner once you update them through our ‎unsubscribe mechanism. CASL requires us to process unsubscribe requests within 10 business days.  If ‎you have any questions or concerns about our unsubscribe options, you may contact us at the privacy officer address ‎indicated below.‎

Retention of Your Personal Information

We generally keep personal information for only as long as it is needed to accomplish the purposes for ‎which it was collected, or as needed for authorized or legitimate purposes.  More specifically, we ‎retain personal information as long as necessary for the fulfillment of the identified purposes for its ‎collection or as otherwise necessary to comply with applicable laws or protect our interests. When ‎personal information is no longer necessary or relevant for the identified purposes, or is required to ‎be retained by applicable laws, we will take steps to have it deleted, destroyed, erased, aggregated or ‎made anonymous. We use reasonable industry practices to ensure we have adequate controls, ‎schedules and practices for information and records retention and destruction which apply to personal ‎information.

California Privacy Policy

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the site or to use the Services, you have the right to request removal of unwanted data that you publicly post through the Services. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California.  We will make sure the data is not publicly displayed through the Services, but please be aware that the data may not be completely or comprehensively removed from our systems.

Contact us

Othersphere provides services to users throughout the world. If you use our services in the United States or in the European Union or elsewhere, Othersphere Systems, Inc. is the data controller, where such designation is relevant. The address for the data controller of the information you provide or that is collected by Othersphere or its affiliates is below. If you have questions or comments about this Privacy Policy, please contact us at:

Othersphere Systems Inc.

Attention: Legal

2031 Store Street, Victoria, BC, V8T 5L9, Canada

or

privacy@othersphere.io

Special Information for EU users only

Beginning May 25, 2018, the processing of personal data of users in the European Union is subject to the EU General Data Protection Regulation (“GDPR”). This section summarizes Othersphere’s grounds for processing personal information under the GDPR, and the rights of EU users as relates to Othersphere’s handling of personal information. This section provides information as relates to EU users' rights, and Othersphere's responsibilities, under this regulation.

EU User Rights

If you are an Othersphere user in the EU, you have the following rights with respect to Othersphere's handling of your personal information. To exercise these rights, please see below or submit your request at privacy@othersphere.io.

Users outside the EU may also request explanation, correction, deletion, or copies of their personal data by contacting us at privacy@othersphere.io

Explanation and copies of your data

You have the right to request an explanation of the information that Othersphere has about you and how Othersphere uses that information. You also have the right to receive a copy of the information that Othersphere collects about you if collected on the basis of consent or because Othersphere requires the information to provide the services that you request.

Correction or Deletion

If Othersphere has information about you that you believe is inaccurate, you have the right to request correction of your information. Users may request deletion of their accounts at any time. Users may request at privacy@othersphere.io. We may retain certain information about you as required by law and for legitimate business purposes permitted by law. Please see the “Data Retention & Deletion” section above for more information regarding Othersphere's retention and deletion practices.

Objections and Complaints

Users in the EU have the right to object to Othersphere's processing of personal data, including for marketing purposes based on profiling and/or automated decision making. Othersphere may continue to process your information notwithstanding the objection to the extent permitted under GDPR.  You may also submit questions, comments or complaints to Othersphere directly at the address previously noted above.

Grounds for Processing

The GDPR requires that companies processing the personal data of EU users do so on the basis of specific legal grounds. As described below, Othersphere processes the information of EU users based on one or more of the grounds specified under the GDPR:

  • The processing is necessary to provide the services and features you request: Othersphere must collect and use certain information in order to provide its website and Services. This includes: User profile information that is necessary to establish and maintain your account, including to verify your identity and that of the Enterprise user account with which you may be connected; enable communications with you about the products you order from us, orders and accounts; and to enable you to make payments. Usage information, which is necessary to maintain, optimize and enhance Othersphere's services, including to determine, sometimes in combination with other information, incentives, etc.
  • The processing is necessary to protect the vital interests of our users or of others: Othersphere may process personal information, including disclosing data with law enforcement authorities in case of threats to the safety of users or of others.
  • The processing is necessary for Othersphere's legitimate interests: Othersphere collects and uses personal information to the extent necessary for its legitimate interests. This includes collecting and using information:
  • To prevent, detect and combat fraud in connection with the use of our Services.
  • To inform law enforcement officials regarding criminal acts or threats to public safety.
  • To provide customer support.
  • To optimize our service and develop new Services.
  • To aggregate, analyze, and interpret the data collected by Othersphere.
  • For research and analytical purposes.
  • For direct marketing purposes. This includes, for example, analyzing data to identify trends and tailor marketing messages to user needs.
  • To enforce Othersphere's Terms.
  • The processing is necessary for the legitimate interests of other persons or parties: Othersphere collects and uses personal information to the extent necessary for the interests of other persons or the general public. This includes sharing information in connection with legal or insurance claims, to protect the rights and safety of others. Othersphere may also process personal information when necessary in regard to a substantial public interest, on the basis of applicable laws.
  • The processing is necessary to fulfill Othersphere's legal obligations: Othersphere may be subject to legal requirements in the jurisdictions in which it operates that would require us to collect, process, disclose, and retain your personal data. For example, Othersphere is subject to laws and regulations in many cities and countries that require it to collect and retain information about the Othersphere products, to retain such information for extended periods of time, and to provide copies of such information to governmental or other authorities. Othersphere uses your information to comply with such laws to the extent they apply to your use of the sites or Services. Othersphere may also share information with law enforcement, or requests by third parties pursuant to legal processes pursuant to its policies related to information requests in place from time to time, which shall be incorporated by reference herein following such adoption.

Consent

Othersphere may collect and use your information on the basis of your consent. You may revoke your consent at any time. If you revoke your consent, you will not be able to use any service or feature that requires collection or use of the information we collected or used on the basis of consent.

Othersphere relies on consent in connection with data collections or uses that are necessary to enhance the user experience, to enable optional services or features, or to communicate with you. If you are an EU user, the following types of data collections or uses are done on the basis of your consent.

Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that websites cannot access without your consent. And these platforms have different permission systems for obtaining your consent.

You may opt-out of receiving promotional emails from Othersphere at privacy@othersphere.io. You may also opt-out of receiving emails and other messages from Othersphere by following the instructions in related messages or documents. Please note that if you opt-out, we may still send you non-promotional messages as necessary.

CONTACT

Get in touch

Please reach out if you would like to learn more about Othersphere, our products, and opportunities to partner in accelerating global industrial decarbonization.

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