PRIVACY POLICY (Crowd Sourced Bathymetry Projects)

Effective Date: August 31, 2021

You should read this Privacy Policy (the “Privacy Policy”) carefully, as it governs use of Personal Information in relation to Equipment and Survey Data.

Orange Force Marine Ltd. (hereinafter the “Company”, “we”, “us”, or “our”) is the provider of lakebed mapping equipment (the “Equipment”) to commercial and non-commercial vessels operating in the Territory and collecting data captured,  stored or transmitted by such Equipment (the “Survey Data”), for the purpose of bathymetric charting  of the seabed. This Privacy Policy is a legal agreement between you and the Company. The terms “End User”, “you” and “your” refer to the person or entity provided with Equipment by the Company, or from which the Company collects Survey Data.

Company is committed to collecting, using and distributing Personal Information responsibly and in accordance with this Privacy Policy. This Privacy Policy explains how we treat personally identifiable information and non-personal information that is either: (i) collected in connection with your use of the Equipment; or (ii) is in the Survey Data.

This Privacy Policy also explains how you can direct questions about our privacy practices to our Privacy Officer, and how you can review and update your Personal Information with us.

If you do not consent to the collection, use, and disclosure of your Personal Information in accordance with this Privacy Policy, we may be unable to provide you with the Equipment or a copy of the Survey Data.  However, please note that we may offer you an option whereby you can choose for your vessel information and information you provide to us regarding your identity to be withheld from public disclosure (the “PI Withholding Option”).

If you are not resident in Canada and/or are located outside of Canada, you bear all responsibility for ensuring that your use of the Equipment and provision and transmission of Survey Data is compliant with all applicable laws.

  1. Personal Information: For the purposes of this Privacy Policy, the term “Personal Information” means any information that is defined to be personal information under applicable Canadian privacy laws.  Usually, this refers to any information about an identifiable individual or any information that can be used to identify an individual.


Personal Information may include, for example, your name and home address, your date of birth and gender, health information, your occupation, medical conditions or other health information, your personal financial records or credit information, or any personal identification numbers.


In most circumstances, Personal Information does not include the business contact information of a representative of an organization, such as the representative’s name, position or title, business address, business telephone number or business fax number. Publicly available information, such as information in a public directory, is not Personal Information under this Privacy Policy.


Personal Information may include a combination of information whereby Personal Information relating to you may be determined, such as the combination of location and Vessel information, whereby your location when you are upon your Vessel may be determined.

  1. Information Collected & Uses: In the course of providing you with, and the functioning of, the Equipment, we may collect Personal Information and other information from you or relating to you.


We further may collect, use or disclose Personal Information for the purposes identified at the time of collection, as otherwise permitted or required by applicable law, or for any of the following purposes:

  • For purpose of participation the Project, subject to the exercise of any PI Withholding Option;

  • To provide Equipment to you and/or to collect Survey Data from the Equipment or via a transmission;

  • To comply with our legal obligations and regulatory requirements;

  • To provide information to third parties, including Project Participants or other third parties involved in the Project or similar projects;

  • To develop and manage our business and operations;

  • To respond to questions and concerns of users;

  • To detect and protect Company and third parties from error, negligence, breach of contract, fraud, theft or other illegal activity, and which may include sharing Personal Information with our insurers, and to otherwise communicate with our insurers;

  • To generate analytics and statistical data; and

  • For any other purpose for which Company has your consent.

  • Consent: Privacy legislation requires Company to obtain the consent of an individual to the collection, use or disclosure of Personal Information in many circumstances.


By providing your Personal Information via the Survey Data or directly to us, you agree that we may collect, use and disclose your Personal Information in accordance with this Privacy Policy, subject to the exercise of any PI Withholding Option, and as otherwise permitted or required by law, and that we may access, process and store your Personal Information in Canada or another jurisdiction (whereby such Personal Information may be subject to foreign laws applicable in such jurisdiction).


When we receive Personal Information from you for the purposes identified herein, you are providing us with consent as follows:

  1. to allow us to use your Personal Information for the purposes in section 2 of this Privacy Policy;

  2. to allow us to deal with that Personal Information in a reasonable manner;

  3. to allow us to provide your Personal Information to Project Participants and other third parties involved in the Project, and to publish and publicly disclose Personal Information in the mapping content generated thereby;

  4. to allow us to use, store and share your Personal Information for the purpose of the Project or other mapping projects by Company or third parties; and

  5. to allow us to transfer your Personal Information outside of Canada (whereby your Personal Information will be treated in accordance with applicable foreign laws) for the purpose of storage and use of your Personal Information by Company or third parties for the Project or other lakebed or seabed mapping projects, and by any third party service provider that controls the server where such Personal Information is stored.


If you need to provide us with Personal Information about other individuals, you represent and warrant to us that: (i) where required by law and prior to your disclosure to us, you will obtain the consent of each individual to the collection, use and disclosure by us for the specific purpose(s) that the disclosure is made by you; and (ii) you have all rights to grant all assignments and other authorizations and use rights as set out in this Privacy Policy and any other agreement or terms you enter with Company.


If we sell our organization or merge with another party, or engage in corporate restructuring or other corporate functions, your consent is hereby provided, and will be otherwise implied, to transfer your information to our successor for the same purposes as set out in this Privacy Policy.

  1. Consent Exceptions: There are legal exceptions where we will not need to obtain consent or explain the purposes for the collection, use or disclosure of Personal Information. Some examples of situations where consent is not required include an emergency that threatens the life, health or security of an individual, or if we must comply with a court order or governmental order.


We use may use Personal Information without your knowledge or consent in limited circumstances whereby we are required to provide Personal Information to third parties for legal or regulatory purposes. For example, under certain exceptional circumstance we may have a legal duty or right to disclose Personal Information without your knowledge or consent. Various government agencies and law enforcement, have the authority to review our files and interview our staff when deemed necessary. These agencies have their own strict privacy obligations.

  1. Limited Use, Disclosure and Retention: We will only use your Personal Information in accordance with this Privacy Policy. If in the course of managing its business operations, Company shares your Personal Information with professional advisors, suppliers, any such entities shall be required to comply with privacy guidelines that impose obligations at least commensurate with this Privacy Policy. Company does not sell or disclose Personal Information to third parties, other than in compliance with this Privacy Policy and as required to satisfy any law, regulation, legal request, to protect its business interests, and to co-operate with any law enforcement investigation or on matters concerning public policy and safety.

  2. Non-Personal Information & Anonymization: We may also collect non-personal information, being information that does not identify an individual. Examples of non-personal information we may collect include, but are not limited to: vessel identification information, internet information required for data transmission, and geo-location information.


We may also generate anonymized data, including after the Personal Information is no longer required in accordance with section 10 of this Privacy Policy, or at other points in time. Anonymized data will not include any information that specifically identifies an individual. We may further generate aggregated data, including, but not limited to data aggregated for Survey Data analysis.

  1. Safeguarding Personal Information: We employ reasonable physical, electronic and procedural safeguards that are designed to protect our systems and Personal Information under our control against unauthorized access and use. In accordance with appropriate industry standards in Canada, all safety and security measures are appropriate to the sensitivity level of the information collected. Unfortunately, no measures can be guaranteed to provide 100% security. Accordingly, we cannot guarantee the security of your information.


We may engage third party external servers as well as other external services, including cloud services, cloud compatible servers, and/or payment processing services, and we do not have any control over such external servers or services.


We have implemented measures to prevent theft and loss, as well as unauthorized access, disclosure, use, modification, transfer, or modification of Personal Information. However, we cannot guarantee that such measures will achieve absolute security for your Personal Information.


You will bear full responsibility for the storage, maintenance, control and protection for all data that is processed or otherwise utilized by Company that require data input. We bear no responsibility for such data whatsoever.

  1. Disclaimer: While we will take steps to protect your Personal Information, Company cannot guarantee the security of any information you provide to us or any Survey Data. Company will not be responsible whatsoever for the inadvertent disclosure of your Personal Information or theft of your Personal Information. Consequently, Company, its affiliates, related companies and arm's length companies and any directors, officers, employees, agents do not provide any representation, warranty or guarantee that your Personal Information will be protected against misuse, loss or modification. We do not accept and do not bear any liability for the security of your, or any other user's, Personal Information, including any crew and guests upon your Vessel.

  2. Accuracy: While Company collects the Personal Information that you supply, it does so with the understanding that any such information that you supply is accurate. It is important to us that your Personal Information held by us is accurate and complete. You can help us keep Personal Information up-to-date by keeping us informed of any changes, such as a change of address, telephone number or any other circumstances. We will bear no responsibility for any action or omission as a result of our lack of accurate contact information for you.

  3. Retention and Destruction of Personal Information: The amount of time we will retain Personal Information varies, depending on the Project and other similar projects, as well as our uses of your Personal Information for our business, and the nature of the Personal Information that we hold.  We retain Personal Information for such period of time as is necessary for us to maintain sufficient information so we may respond to any issues that arise at a later date or as is required by law.


When Personal Information is no longer required by us or by law, we will either convert it into an anonymized form or an aggregated non-identifying form, or we will appropriately destroy or erase the Personal Information in a manner that is in accordance with our current policies and procedures.

  1. Access and Correction: We recognize that you may have the right to access your Personal Information in accordance with applicable laws. Any access request must be made in writing to: dniles@orangeforcemarine.com.


We may charge a reasonable fee for providing information in response to an access request, and, upon request, we will provide an estimate of any such fee upon receiving a request to access information. We may require a deposit for all or part of the fee.


Where applicable or permitted, we will make the information available within 30 days or provide written notice when we require additional time to respond to a request for access to information.


In some situations, we may not be able to provide access to certain Personal Information as the right to access Personal Information is not absolute.  If we do not provide you with the requested information, we will notify you in writing and explain our reason(s) for not fulfilling your request.

  1. Withdrawal of Consent: You may, at any time, withdraw your consent to Company’s collection, use and disclosure of your Personal Information, subject to reasonable notice and any legal and/or contractual restrictions.


Should you choose to withdraw your consent, Company will be unable to provide, or continue to provide, the Equipment as it can only be provided if we receive appropriate and required Personal Information.

  1. Sensitive Data: We do not intend to collect any sensitive data from you, including but not limited to social security or national identification numbers, information related to racial or ethnic origin, political opinions, religious beliefs, health data, biometrics or genetic, criminal background or trade union membership information, unless we explicitly request such information. In accordance with applicable privacy laws, the sensitivity of data may be determined based upon context, or by other measures. If you do send us sensitive data then you are consenting to its processing in accordance with this Privacy Policy.

  2. Privacy Concerns: Company will respond to questions and concerns relating to our Personal Information handling practices and this Privacy Policy.  Please email such questions to: dniles@orangeforcemarine.com

  3. Successors and Assigns: The successors and assigns of Company may collect, use and disclose your Personal Information for substantially similar purposes as described in this Privacy Policy.

© Orange Force Marine Ltd., 2021