Privacy

Optiva Inc. and its affiliates (“Optiva”) are committed to protecting your privacy and want you to feel secure when visiting our website (the “Site”) and using our products and/or services (“Products”). The Site is an online information and communications service provided by Optiva, subject to the Terms of Use (“Terms”) found here.

This Privacy Policy Statement (“Privacy Policy”) describes our practices in connection with the collection, use, disclosure and protection of personal information that we receive through the Site and any other websites operated by us from which you are accessing this Privacy Policy, through Products you purchase, subscribe to, or license from us (collectively, including the Sites, the “Services”). By using the Services, you agree to this Privacy Policy in addition to any agreements we might have with you. In the event that such agreements contain terms that conflict with this Privacy Policy, the terms of those agreements will prevail.

 

Personal Information

“Personal information” means all information about an identified or identifiable individual. In some jurisdictions, the term “personal data” is used in local privacy laws rather than the term “personal information”. Optiva uses the terms “personal information” and “personal data” interchangeably.

Personal Information Optiva collects from you includes but is not limited to:

 

Scope of Privacy Policy

This Privacy Policy was drafted with the objective of complying with or exceeding the requirements of Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”), as Optiva’s corporate headquarters are located in Canada and its parent company is incorporated in Canada.

However, Optiva also does business in other countries, and non-Canadians also use the Site, the Products and the Services. Many of these other countries have their own laws applicable to the protection of personal information, which may or may not conflict with or contain more restrictive legal obligations than PIPEDA (including, for example, the European Union’s General Data Protection Regulation, known as “GDPR”).

Optiva may update this Privacy Policy from time to time in response to changing legal, technical and business developments. We will take appropriate measures to notify you about material changes in a manner that is consistent with the significance of the changes we make. However, it is your responsibility to review the most current version.

INFORMATION ABOUT OUR CUSTOMERS’ USERS

Please note that this Privacy Policy applies to Optiva’s customers who use the Products and Services, and to users of the Site. The Products and the Services may be used by Optiva’s customers (i.e., communications service providers or other organizations) to collect personal information about its end users, such as their name, phone number, or billing information. If you are an end-user who believes that one of Optiva’s customers has collected personal information about you through its use of the Products or Services, and you wish to withdraw consent, access your personal information, request correction or deletion, complain about the collection of your personal information, or exercise any other rights that you may have regarding your personal information, your query should be directed to that customer, not to Optiva.

In some instances, we may handle information relating to our customers’ own customers or end users as a service provider on behalf of our customers. Our use of such information is governed by our agreements with our customers. In addition, such information may be subject to our customers’ own privacy policies. This Privacy Policy does not apply to such information.

 

Accountability

Optiva is responsible for personal information under its control, and will take all reasonable steps to handle such personal information fairly and to ensure compliance with applicable laws in relation to the collection, use, disclosure and protection of personal information.

In order to oversee overall compliance with this Privacy Policy and with applicable personal information protection laws, Optiva has designated a Privacy Officer.  Contact information for Optiva’s Privacy Officer can be found at the end of this Privacy Policy.

Please note that if you are a corporate customer or any other type of organization, you are responsible for the legal collection and use of personal information of individuals within your organization, in accordance with the principles set out in your privacy policy and the applicable laws in the countries in which you operate or in which you or your personnel use the Services or the Products. Optiva is not responsible for your privacy practices and policies. If your use of the Services involves the collection of personal information of your personnel or other individuals (whether in connection with their use of your devices or otherwise), it is your responsibility to ensure that you obtain the necessary consents, provide the necessary notices, and otherwise comply with all applicable laws relating to the collection, use and disclosure of their personal information.

 

Identifying Purposes: Why We Collect Your Information

Optiva’s legal basis for collecting and using personal information will depend on the personal information concerned and the specific context in which we collect it. We will normally collect personal information from you only where we need the personal data to perform a contract with you, or where the processing is in Optiva’s legitimate interests and not overridden by your privacy and data protection interests or fundamental rights and freedoms, or where Optiva has your consent to do so. In some cases, Optiva may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person. If we collect and use your personal data for purposes other than as described in this Privacy Policy, we will make clear to you at the relevant time what those purposes are.

Optiva collects, uses and discloses to certain third parties, personal information for the following primary purposes:

The paragraphs below provide further information about what types of personal information we collect and how we use and disclose it for each of the Products, Services, and the Site.

 

Products and Services

Optiva may also collect personal information from customers as required to provide support and delivery of Optiva Products and Services. A customer’s use of Optiva or an affiliate’s Products and Services is governed by the terms of the contract between Optiva or an affiliate and the customer.

For Optiva’s customers, our Products generally do not collect personal information. Rather, they facilitate the collection of information by our customers.  These Products generally serve as charging and subscriber management solutions that allow communications service providers to better serve their subscribers and end-users and maximize revenue and perform administrative functions.

Optiva may also collect and store certain information that is automatically collected by our cloud and managed services solutions or provided by its users. Such information will be kept private by Optiva and is not for public distribution.

In addition, Optiva may share your contact or product information with its Original Equipment Manufacturer (OEM) partners if you contact Optiva for assistance and Optiva needs to work with the OEM in order to assist you. Finally, we may share certain personal information with our external service providers to assist us with the delivery of email campaigns, and for product renewal and upgrade purposes.  

Optiva utilizes vendors to support the operation of Optiva’s business and for sales and marketing that may receive the data collected under this Privacy Policy, and these vendors are data sub-processors. However, any such processing is limited to facilitating Optiva’s own activities. Optiva does not share, sell or rent your personal information to any third parties for their promotional purposes.

Additionally, data sub-processors utilized by Optiva are subjected to Optiva’s due diligence process and required to make contractual assurances that they will take adequate precautions to protect your data. Optiva will require such service providers to adopt adequate technical and organizational security measures to ensure the processing of personal data only as instructed by Optiva and for no other purposes.

Optiva will try to collect personal information directly from the individual concerned unless authorized by that individual to collect it from a third party or as otherwise permitted by law.

If personal information is collected for any other purposes than described above (unless the purpose for collecting personal information is obvious and you provide your personal information for that purposes, or unless otherwise permitted or required by laws), Optiva will communicate the purpose of collecting the personal information to you at the time of collection, either orally or in writing, as well as its use and how it may be disclosed.

If personal information is gathered in writing, the purpose of its collection will be communicated through printed materials, the Site or email. If personal information is gathered orally, Optiva will provide an oral explanation of the purpose for the collection and use.

 

The Site and Use of Cookies

If you visit our Site and request information, request or subscribe to marketing materials, download content (such as whitepapers or webinars), contact us, place an order or register, we will collect personal information that you voluntarily provide to us (including your IP address, name, title, address, email address and telephone number, and contact preferences) in order to respond to your request or inquiry.

In addition, we use certain types of Cookies on the Site. “Cookies” are small text files containing small amounts of information which are downloaded to your device when you visit a Site, so that the Site can remember some information about your browsing activity on the Site, either for the duration of your visit or for repeat visits. The cookies are then sent back to the originating Site on each subsequent visit, or to another Site that recognizes that cookie. Cookies are useful because they allow a Site to recognize a user’s device. They do many different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improving your user experience. In general, cookies make the interaction between you and the Site faster and easier. They cannot be used to run programs or deliver viruses to your device. In general, cookies do not identify you personally.  There are many different kinds of Cookies and Optiva may use all or some of them currently or in the future.

By using our Site, you agree that we can place  cookies on your device.

If you would prefer to opt out of cookies, it is possible to manage them by changing the cookie settings on your device, in your browser settings. Existing cookies that have already been set can be deleted from your hard drive. You can also block some or all cookies. However, you should be aware that you might lose some features and functionality of our Site if you do so. For more detailed information about cookies and how to manage and delete them, visit http://www.aboutcookies.org or http://www.allaboutcookies.org.

 

Links to Third Party Sites

Optiva’s Site may contain links to third party sites, and we recommend and encourage you to read the privacy policies posted on those third party sites. Optiva is not responsible for the privacy policies or practices of any third party.

By using the Site, you will be deemed to have consented to the collection, use and disclosure of your personal information by Optiva in accordance with this Privacy Policy.

 

Third Party Services

Google Analytics. We use Google Analytics, which is a web analytics service offered by Google, Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, www.google.com) that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our website. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

Google’s ability to use and share information collected by Google Analytics about your visits to the site is governed by by the Google Analytics Terms of Use available at http://www.google.com/analytics/terms/us.html and the Google Privacy Policy available at http://www.google.com/policies/privacy/.

You can opt-out of having your activity on the website made available to Google Analytics by installing the Google Analytics opt-out browser add-on (https://tools.google.com/dlpage/gaoptout) for your web browser. The Google Analytics opt-out browser add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

Google Tag Manager.  We use Google Tag Manager, a tag management system offered by Google, Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, www.google.com) to manage JavaScript and HTML tags used for tracking and analytics on websites. Tags are small code elements that, among other things, are used to measure traffic and visitor behaviour: to understand the effect of online advertising and social channels; to set up remarketing and orientation towards target groups; and to test and optimize websites. Google Tag Manager makes it easier for us to integrate and manage our tags. The Google Tag Manager only implements tags. This means that no cookies are used and no personal data is collected. The Google Tag Manager triggers other tags, which in turn collect data if necessary. However, the Google Tag Manager does not access this data. Google Tag Manager’s privacy practices can be found at https://policies.google.com/privacy?hl=en and terms of use at https://www.google.com/analytics/tag-manager/use-policy/.

 

Consent

If consent to process your personal information is required by applicable privacy laws, Optiva will obtain your consent before collecting, processing, storing, using or disclosing your personal information. Please note that under certain legal and medical circumstances it may be impossible or impractical to obtain an individual’s consent.  We will make reasonable efforts to ensure you understand how your personal information may be used or disclosed.

The form of consent can vary, depending on the sensitivity of the information and the circumstances. Consent may be express or implied depending on the nature of the personal information or the use, and depending on applicable local privacy laws. In addition to writing, your consent may also be expressed verbally or electronically.  When determining the appropriate form of consent, Optiva will be guided by what a reasonable person would consider fair and appropriate in the circumstances.

In general, you can choose not to provide us with some or all of your personal information at any time. However, should you make this choice we may not be able to provide you with the Product, Service or information that you requested or that could be offered to you. Upon request we will explain your options of refusing or withdrawing consent to the collection, use, and disclosure of your personal information.  All communications with respect to the withdrawal of consent should be made in writing and addressed to Optiva’s Data Privacy Officer.

 

Limited Collection

Optiva does not collect personal information indiscriminately. Rather, we limit our collection of personal information to only what is necessary for the legitimate purpose we have identified. We employ fair and lawful means in the collection of personal information.

 

Limited Use, Disclosure and Retention

Optiva will use and disclose personal information only as described in this Privacy Policy, or for the purposes for which it was collected, or as agreed by you. We will not sell your personal information to other parties. The collection of your personal information will be limited to that which is needed for the purposes identified by Optiva. If Optiva will be processing your personal information for another purpose later on, Optiva will seek your further legal permission or consent; except where the other purpose is compatible with the original purpose.

Optiva may share personal information with our employees, contractors, consultants, affiliates, service providers, business partners and other parties who require such information to assist us with providing you with the Services.

Optiva is headquartered in Canada, but does business globally. The use, collection and disclosure of personal information may involve Optiva transferring personal information across borders. If this occurs, we will comply with all applicable trans-border data flow privacy laws. By accessing our Sites and using our Products and Services, you consent to any such transfer of information outside of your country. Those countries may have laws which are different, and potentially not as protective, as the laws of your own country.

Optiva will retain your personal information only for as long as necessary to fulfill the purposes for which it was collected, or as required for Optiva’s legitimate business purposes, or to comply with applicable legal, tax or regulatory requirements. After this time, any personal information you have provided to us will be destroyed, deleted or made anonymous.

Optiva may use and disclose aggregated and anonymous or de-identified information to third parties, including the general public. For example, we may analyze and publish reports on usage trends or statistics from across our global customer base for information or marketing purposes, but only after we have removed any personal information that would identify or be associated with any particular individual or customer. This type of aggregated and anonymous or de-identified data can help Optiva to improve our Products, Services and advertising, and it can be used by customers and the public to better understand trends in the industry. We will never sell this aggregated data.

 

Accuracy

Optiva will make reasonable efforts to ensure that the personal information collected and used by us is accurate, complete and up-to-date to meet the purposes for which it is collected and used. Optiva does not routinely update personal information unless it is necessary to meet the purposes for which it is collected. Optiva therefore relies on you and its customers to keep your personal information accurate and current.

You may request correction to your personal information in order to ensure its accuracy and completeness. Any request to correct personal information must be made in writing to Optiva’s Privacy Officer and must provide sufficient detail to identify the personal information and the correction being sought.

If your personal information is demonstrated to be inaccurate or incomplete, we will correct the information as required and send the corrected information to any third party to whom we disclosed the personal information in the previous year. If the correction is not made, we will note your correction request in the relevant records.

 

Safeguarding Personal Information

Optiva will make reasonable security arrangements and use appropriate technical and organizational measures to protect all personal information under our control (regardless of the format in which it is held) against unauthorized access, loss, theft, collection, use, disclosure, duplication, modification, disposal or similar risks, by both individuals outside of Optiva as well as within. The types of security safeguards that we use vary, depending on the nature and sensitivity of the personal information, the harm that might result from its improper use or loss, and how it is stored (e.g. in paper or electronically). Optiva’s security safeguards include locked filing cabinets, physically secured offices where personal information is held, limited employee access, the use of IDs, passwords, restricted servers, firewalls and encryption for electronic files, as well as contractual requirements for service providers to provide comparable security measures.  

Optiva will use appropriate security measures when disposing of and destroying personal information, such as shredding documents and deleting electronically stored information, in order to prevent unauthorized access.

Optiva will also continually review and update our security policies and controls as technology changes to ensure ongoing personal information security.

 

Openness

This Privacy Policy is available to the public on our Site, so that information about our policies and practices relating to the management of information is readily available to everyone.

 

Requests for Access

You have the right to access your personal information, subject to limited exceptions under applicable laws such as solicitor-client privilege, disclosure that would reveal personal information about another person, legal obligations and proprietary rights. Optiva’s Privacy Officer will assist you with your request. This includes:

All requests should be made in writing (by mail, fax or email), provide sufficient detail to identify the information being sought, and be directed to Optiva’s Privacy Officer. Optiva’s Privacy Officer may require further information defining the request more succinctly.

We will respond to written requests within a reasonable time frame, of receiving such request. We will either make the requested information available within that time period, or provide written notice of an extension where additional time is required to fulfill the request. If Optiva cannot fulfill your request in full or in part, Optiva will provide you with a response in writing that explains the reason for the denial of access.

Optiva may charge a minimal fee for providing access to personal information, where permitted under applicable law. Where a fee applies, we will inform you of the cost and request further directions from you on whether or not we should proceed with your request.

 

Individual Rights (European Economic Area and Switzerland)

This section applies specifically to individuals residing in the European Economic Area (“EEA”) or Switzerland.

Optiva generally acts as the data processor and Optiva customers are the data controllers with respect to any personal information that Optiva processes through your use of the Services. Optiva will comply with its obligations as a data controller processing personal information on behalf of its customers.

Optiva may also act as a data controller with respect to human resources data received from its own personnel located in the EEA or Switzerland.

If you reside in the EEA or Switzerland, you may have the right to exercise additional rights available to you under applicable laws, including:

If you would like to exercise any of the above rights, please contact our support team or contact our Privacy Officer (see our contact details in the Section below). We will consider your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before complying with the request.

You also have the right to complain to a data protection authority about our collection and use of your personal data. For more information, please contact your local data protection authority.

If you are an individual who believes that one of Optiva’s customers has collected personal information about you through its use of the Services or Products, and you wish to exercise any of the above rights your request should be directed to that customer, not to Optiva.

 

Lawfulness (European Economic Area and Switzerland)

With respect to personal information collected from the European Economic Area or Switzerland, our legal basis for collecting and using the personal information will depend on the personal information concerned and the specific context in which we collect it. Optiva will normally collect personal information from you only where: (a) we have your consent to do so, (b) where we need the personal information to perform a contract with you (e.g. to deliver the services you have requested), or (c) where the processing is in our or a third party’s legitimate interests (and not overridden by your data protection interests or fundamental rights and freedoms).

 

Marketing Communications

We offer those who provide personal contact information a means to choose how we use the information provided. You may manage your receipt of marketing and non- transactional communications by clicking on the “unsubscribe” link located on the bottom of our marketing emails.

 

Children Disclaimer

The Site, the Products and the Services are not intended for use by minors. Optiva does not knowingly collect information about minors and believes that minors should obtain their parents’ or legal guardians’ consent before providing any personal information. If you believe that we have mistakenly or unintentionally collected a minor’s personal information, please contact Optiva’s Privacy Officer. By using the Site, the Products or the Services, you represent that you are over the age of majority.

 

California Disclaimer

Optiva does not currently respond to browser “Do Not Track” (DNT) signals or other mechanisms. Third parties may collect personal data about your online activities over time and across sites when you visit the Site or use the Services.

If you are a California resident, California Civil Code Section 1798.83 permits you to request certain information regarding our disclosure of personal data to third parties for the third parties’ direct marketing purposes. To make such a request, please contact us by sending an e-mail to.

Our Site, Products, and Services are not intended to appeal to minors. However, if you are a California resident under the age of 18, and a registered user of our Site, Products or Services, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an e-mail with a detailed description of the specific content or information to privacy@optiva.com.

Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

Under California law, California residents who have an established business relationship with us may opt-out of our disclosing personal data about them to third parties for their marketing purposes.

 

Contacting Us

Complaints, concerns or inquiries about Optiva’s privacy policies and practices, including compliance with this Privacy Policy, should be made in writing to:

Privacy Officer
Optiva Inc.
2233 Argentia Rd., East Tower, Suite 302
Mississauga, Ontario L5N 2X7
Canada

E-mail: privacy@Optiva.com

Please provide specific details about the inquiry or complaint must be provided. We will investigate and respond in accordance with the section above as well as applicable laws.

Last Updated: 07 November 2018