Legal

PRIVACY POLICY

Updated as of: January 13th, 2020

 

1.              ACCEPTANCE OF THE PRIVACY POLICY

Thank you for visiting hortau.com (the “Website”), for using the Irrolis or Web applications (collectively referred to as the “Web Apps”) or for using the Hortau Mobile iOS/Android mobile applications (the “Mobile Apps”) provided to you by Hortau Inc. (the Website, Web Apps and Mobile Apps together are our “Products”; the Web Apps and Mobile Apps are collectively referred to as out “Apps”), a corporation with its headquarters in Lévis, Québec, Canada and offices in San Luis Obispo, CA, USA (“Hortau”, “We”, “Us”). We respect the privacy of every individual who visits our Website and use our Websit and Apps and are sensitive to privacy issues on the Internet. We believe it is important that you know how we treat information received about you.

This privacy policy (the “Privacy Policy”) explains how we collect, use, disclose, and protect the personal information of our Products users (“you”), describes the types of information we may collect from you or that you may provide to us, and our practices for collecting, using, maintaining, protecting, and disclosing that information. We do not knowingly collect personal information directly from children under the age of 13; our Products are destined at a general audience and are not specifically targeted to or intended for use by children.

We will only use your personal information in accordance with this Privacy Policy unless otherwise required by applicable law. We take steps to ensure that the personal information that we collect about you is adequate, relevant, not excessive, and used for limited purposes. Privacy laws generally define “Personal Information” as any information about an identifiable individual, which includes information that can be used on its own or with other information to identify, contact, or locate a single person.

By accessing or using our Products, you are accepting the practises described in this Privacy Policy, and you are consenting to our processing of your information as set out in this Privacy Policy. We may modify or update this Privacy Policy from time to time; if we change this Privacy Policy in a manner that materially impacts your privacy rights, we will provide a notice to you and your continued use of our Products after any modification to this Privacy Policy will constitute your acceptance of such modification. However, when required by law, we will confirm your consent to the revised Privacy Policy terms.

2.              WHAT INFORMATION WE COLLECT

We collect and use several types of information from and about you on our Products.

2.1           Information We Collect on the Apps

  • Personal Information:

Online Accounts:  To use our Apps, you need to sign up for an online account and we may ask you to provide us with Personal Information such as your [name, company name, company email address, username, password, company phone number, product preferences.

Marketing Communications: If you would like to receive marketing communications from us, you may do so by signing up on the Website (hortau.com). We will ask you to provide your email address or phone number, so we can send you marketing materials.

  • Usage Information:

We will also collect usage information, including your Internet Protocol (IP) address, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, or information about your internet connection, the equipment you use to access the Apps, and usage details.

  • Non-Personal Details About Your Apps Interactions,

We will also collect the full Uniform Resource Locators (URLs), click stream to, through and from our Apps (including date and time), pages you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, or any phone number used to call our customer service number.

  • Location Information:

When you use our Apps, the Apps collect real-time information about the location of your device.

2.2           Information We Collect on Our Website

  • Personal Information:

When you contact us to make inquiries or register to receive our newsletters and other marketing material we ask you to provide us with Personal Information such as your name, company name, title, company email address, company city and state/province.

  • Usage Information:

We will also collect technical information, including your browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, or information about your internet connection, the equipment you use to access the Website, and usage details.

  • Non-Personal Details About Your Website Interactions,

including the full Uniform Resource Locators (URLs), clickstream to, through and from our Website (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, or any phone number used to call our customer service number.

2.3           Information We Collect by Others Means

  • Cookies and Other Automatic Data Collection Technologies:

As you navigate through and interact with the Website and the Apps, we may use cookies or other automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: details of your visits to the Website and the Apps, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website as well as information about your device and internet connection, including your IP address, operating system, and browser type.

We may also use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). To learn more or to opt-out of tailored advertising please visit Digital Advertising Alliance of Canada Opt-Out Tool for information on how you can opt out of behavioral tracking on our Products and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect automatically is statistical data and does not include Personal Information. However, we may maintain it or associate it with Personal Information we collect in other ways, that you provide to us, or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to: estimate our audience size and usage patterns, store information about your preferences, allowing us to customize our Website according to your individual interests, speed up your searches, and recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your device. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website or Web Apps. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Website or Web Apps.
  • Flash Cookies. Certain features of the Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Website. Flash cookies are not managed by the same browser settings that are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
  • Web Beacons. Pages of the Website [and our e-mails] may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or [opened an email] and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
  • In Person:

When you visit a booth we have at a tradeshow or other similar event, or when one of our employees goes on your premises, we may ask you for certain information while you interact with one of our team members. This may include contact information, such as your name, company name, title, company email address, company city and state/province as well as information about your property size and crop cultivated

  • Communicating With Us:

When you contact us about a customer service issue, or to make other inquiries, we collect the content of those communications, and any additional information about the method of communication such as phone, SMS, email, chat, or through social media platforms. For example, if you email us, we will collect your email address, if you send us a text message, we will collect your phone number, and so on.

  • Information we Collect About You from Third Parties:

We may receive Personal Information about you from various third parties and public sources, such as credit card issuers, financial partners and data analytics firms. We may collect information about you in connection with investigations into fraudulent or criminal activities on our site and in our stores. We may also collect information from other sources, including for example, joint marketing partners, data analytics firms, public databases, publicly available social media pages, and other third parties we work with. For example, we use Mixpanel services which analyze the comportment our users across our Products, this helps us to provide you with a better customer experience.

Google Analytics. We use Google Analytics, web analytics services provided by Google, Inc to help us measure traffic and usage trends. Google Analytics sets a cookie to evaluate your use of the Website and compile reports for us on activity on the Website to help us understand how visitors engage with the Website and track visitor interactions. Google Analytics collects information anonymously and without identifying individual visitors. Google stores the information collected by the cookie on servers in the United States. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google states that it will not associate your IP address with any other data held by Google. By accessing this Website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Google Analytics uses its own cookies to store information, such as what time the visit occurred, whether the visitor has been to the site before, and what site referred the visitor to the web page. To disable this type of cookie, some browsers will indicate when a cookie is being sent and allow you to decline cookies on a case-by-case basis. In addition to declining cookies, you can also install the Google Analytics Opt-out Add-on in your browser https://tools.google.com/dlpage/gaoptout?%22%20%5Ct%20%22_blank, which prevents Google Analytics from collecting information about your website visits. Learn more about the Google Analytics Opt-out Browser Add-on and other Google Analytics privacy information https://support.google.com/analytics/answer/6004245.

  • Information we Create Ourselves:

We may aggregate and/or anonymize personal information so that it will no longer be considered personal information. We do so to generate other data for our use, which we may use and disclose for any purpose. For example, we may calculate the percentage of our site users in a specific region.

3.              HOW WE USE YOUR INFORMATION

We use your information, including your Personal Information to manage our business and to maintain and develop commercial relationships with you. We will collect, use, and disclose such information only to the extent that is necessary for those purposes.

We use information that we collect about you or that you provide to us, including any personal information.

  • To present our Products and their contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill the purposes for which you provided the information or that were described when it was collected, or any other purpose for which you provide it, such as facilitating the administration of your purchases, lease, warranty, maintenance program and any recall notices.
  • To provide you with notices about your account.
  • To carry out our obligations and enforce our rights arising from any contracts with you or to comply with legal requirements.
  • To notify you about changes to the Products or any services we offer or provide through it.
  • To improve our Products or services, marketing, or customer relationships and experiences.
  • To allow you to participate in interactive features, social media, or similar features on our Products.
  • To measure or understand the effectiveness of the advertising we serve to you and others, and to deliver relevant advertising to you.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

4.              HOW WE SHARE YOUR INFORMATION

We will not rent or sell your information to third parties without your consent. We only share your data as specifically provided into this Privacy Policy.

4.1           Sharing with our Partners

We may provide your data, including your Personal Information, to our affiliated companies and brands, to third parties who provide services to you or us, to promotional partners, to social media companies, or to other third parties as needed to carry out our business, or comply with a legal obligation.

4.2           Other Disclosures

In addition to any disclosure you may have consented to or permitted under the terms of this Privacy Policy, we may transfer your data, including Personal information to third parties in the following limited circumstances: 1) information you expressly consent to be shared; 2) when relating to anonymized information (individuals cannot be identified by it); 3) when you decide to make the information indexable by search engines, to share or to distribute the information to people or otherwise to make it available to the public; 4) to satisfy any applicable law, regulation, legal process or enforceable governmental request within or outside your country of residence when we have a good faith belief that the law requires it; 5) to enforce this Privacy Policy, or an agreement, including investigation of potential violations thereof; 6) to detect, prevent, or otherwise address fraud, security or technical issues, or protect the operations or you; 7) to protect our rights, property or safety as well as yours, the public, or others; 8) in connection with an acquisition, merger, change in control, debt financing, reorganization, sale of assets, bankruptcy or other change of our’ corporate structure or status; or 9) as necessary in connection with the performance of requested services or solutions, or as otherwise appropriate in connection with a legitimate need.

5.              HOW WE STORE AND SECURE YOUR INFORMATION

5.1           Information Security

We are committed to protecting the confidentiality, integrity, availability and privacy of your Personal Information. We have put appropriate physical, technological and procedural security measures in place designed to help prevent your Personal Information from being lost, used, modified or accessed in an unauthorized way, or improperly disclosed. Examples of such measures include restricted access to offices, training of personnel, using passwords and well-defined internal policies and practices. We also use encryption technology and Secure Socket Layers (“SSL”) in all areas of the Products where your personal account information is required, which means the Personal Information you submit to us via the Products is encrypted by your device and decrypted again on our side. Your personal account information and transaction history are kept behind a firewall.

In addition, we limit access to your Personal Information to those employees, agents, contractors and other third parties who have a business need-to-know. They will be required to process your Personal Information only on our instructions and they are subject to an obligation of confidentiality. Our service providers are required to maintain adequate security protections in place designed to help safeguard your Personal Information and are not permitted to use it for any purpose other than fulfilling services to us.

Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. Any transmission you provide is at your own risk. Once we have received your information, we will apply our security practices to try to prevent unauthorized access, use and/or disclosure If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “How to contact us” section below.

5.2           Information Retention

We will retain your Personal information for as long as it is needed: 1) to provide the Products and services that you have requested; 2) to communicate with you about a purchase or a request you have made to us; 3) to manage your choices and rights you have exercised pursuant to this Privacy Policy; 4) to enable you maintain an account with us; 5) to comply with our legal and regulatory obligations and to demonstrate compliance, 6) to resolve disputes and to enforce our rights and agreements.

We may retain non-personal information that has been sufficiently aggregated or anonymized for a longer period.

5.3           Where We Store Information

We use facilities operated by Amazon Web Services (AWS) and located in the USA as our information storage and processing infrastructure. By providing us with any Personal Information, you understand that your information may be transferred, processed, or stored outside of your country of residence, including in the United States and Canada, which may have a different data protection regime from your country of residence. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access your Personal Information. Our service providers may, from time to time, also hold your Personal Information in connection with purposes included in this Privacy Policy.

6.              OTHER WEBSITES AND SERVICES – THIRD PARTY PAYMENT SERVICE.

Our Website contains links to other websites. They are provided for reference purposes only and may have practices and policies of confidentiality that are different from ours. We are not responsible for, and this policy does not address, the privacy practices of this other third parties, such as Facebook, Apple, Google, Microsoft, or any other app developers, social media platforms, operating system providers, wireless or telecommunications service providers, or device manufacturers. If you wish to use one of these services, your personal information will be collected by such third party and will be subject to the third party’s privacy policy. Please check the privacy policies published on any third party sites which you may access through the Website before submitting Personal Information to them. We have no control over, and are not responsible for this third party’s collection, use, and disclosure of your personal information.

7.              GOVERNING LAW

The Products are operated from Lévis, Province of Quebec, Canada. Any conflict between you and us is therefore subject to the laws applicable in the Province of Quebec and the applicable laws of Canada. Furthermore, you hereby agree to submit to the exclusive jurisdiction of the courts of the Province of Montréal in respect of any action or proceeding arising out or related to the Website.

8.              YOUR ACCOUNT INFORMATION AND PROFILE/PRIVACY SETTINGS:

You can:

  • Update your account at any time by logging in and going to the section Edit Profile.
  • Unsubscribe from email communications from us by clicking on the “unsubscribe link” provided in such communications or by sending an email to feedback@hortau.com. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, technical and security notices).

9.              HOW TO ACCESS AND CONTROL YOUR PERSONAL INFORMATION

9.1           General

You contact us at feedback@hortau.com with your request and we will respond within a reasonable delay. We will endeavor to fulfill any requests to correct, update or delete your Personal Information unless such information is required to be retained by law, for legitimate business, technical or security purposes (such as storage in backup media created as part of our routine system backup procedures, or if jeopardizing the privacy of others) or, as provided in this Privacy Policy

9.2           If you are a resident of the European Economic Area (“EEA”)

We are the data controller of your information. Please contact us at feedback@hortau.com with your name, email address and any additional information, we would need to reply to your request and we will reply to your request in a 30 days delay.

As an EEA resident, you have specific rights regarding the handling of your information under the EU General Data Protection Regulation. As the data controller of your Personal Information, we must reply to your request relating to: your right to be informed; your right of access; your right to rectification; your right to erasure; your right to restrict processing; your right to data portability; your right to object and your rights in relation to automated decision making and profiling. Some of your rights may be subject to some limitations or exceptions.

9.3           If you are a California resident

Under California Civil Code sections 1798.83‑1798.84, California residents are entitled to ask us for a notice describing what categories of Personal information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of Personal information shared with third parties and used for direct marketing purposes and the name and address of the third parties that received such Personal information. If you are a California resident and want a copy of this notice, please submit a written request at feedback@hortau.com. In your request, please specify that you want a “California Privacy Rights Notice”. Once we have received your request, we will respond within 30 days.

10.           HOW TO CONTACT US

If you have any questions about this Privacy Policy, you can contact us at Hortau Inc, 966 Chemin Olivier, Suite 450, Lévis, Québec, Canada, G7A 2N1, (418) 836-7927 or send us an email at feedback@hortau.com.

If you are a resident of the EEA and have an unresolved privacy or Personal information collection, use, or disclosure concern that we have not addressed satisfactorily, please contact the EU Data Protection Authorities. For more information on how to contact the EU Data Protection Authorities, click here.