HBX CONTROL SYSTEMS INC.

PRIVACY POLICY

Last updated: April 2023

Overview

HBX Control Systems Inc. (“HBX”, “we”, “us” or “our”) is committed to protecting the privacy of personal information of identifiable individuals of whom we interact, including those who visit the https://hbxcontrols.com, https://sensorlinx.co website (the “Site”) and/or in connection with our software-as-a-service offerings (the “Services”).

This Privacy Policy describes how HBX collects, uses and discloses personal information. For the purposes of this Privacy Policy, “personal information” means information about an identifiable individual.  This information may include, but is not limited to, your name, date of birth, mailing address, e-mail address, and telephone number. It may also include information that, when used in combination with other information allows you to be identified, such as age, occupation, and location.

Generally under Canadian privacy laws, personal information does not include any business contact information that is solely used to communicate with you in relation to your employment, business or profession, such as your name, position name or title, work address, work telephone number, work fax number or work electronic address.

Personal information also does not include information that has been anonymized according to generally accepted best practices and in such a way that it is, at all times, reasonably foreseeable in the circumstances that it irreversibly no longer allows an individual to be identified, whether on its own or in combination with other information.

Updates

This Privacy Policy is current as of the “updated” date which appears at the top of this page.  It may be modified or updated from time to time.  When changes are made to this Privacy Policy, they will become immediately effective when published in a revised Privacy Policy posted on our website unless otherwise noted.  We may also communicate the changes through our services or by other means. 

By submitting your personal information to us, by accessing or using any of the products or services we offer, by using our Site and/or our Services, or by voluntarily interacting with us after we publish or communicate a notice about the changes to this Privacy Policy, you consent to our collecting, using and disclosing your personal information as set out in the revised Privacy Policy.

Consent

We collect, use and disclose your personal information with your consent, or as permitted or required by law. 

If you choose to provide us with your personal information after reviewing this Privacy Policy, we will assume that you consent to the collection, use and disclosure of your personal information. However, we will require your consent when necessary as required by applicable privacy laws. Subject to applicable laws, your consent may be express or implied, depending on the circumstances and the sensitivity of the personal information in question.  How we obtain your consent (i.e. the form we use) will depend on the circumstances, as well as the sensitivity of the information collected. 

Without limiting the foregoing, we may on occasion ask you to consent when we collect, use, or disclose your personal information in specific circumstances. Sometimes your consent will be implied through your conduct with us if the purpose of the collection, use or disclosure is obvious and you voluntarily provide the information.

You may withdraw your consent to our collection, use or disclosure of your personal information at any time by contacting us using the contact information in the “Contact Us” section below.  However, note that:

• withdrawal of your consent may prevent us from providing our Services and website access to you, in whole or in part, or prevent those from functioning as intended;
• before we implement the withdrawal of consent, we may require proof of your identity; and
• even if you withdraw your consent, we may keep using, disclosing or retaining some of your personal information to the extent permitted or required by applicable law.

With your consent, we may occasionally communicate with you regarding our products, services, news and events. You have the option to not receive this information. We provide an opt-out function within all email or push communications of this nature, or will cease to communicate with you for this purpose if you contact us and tell us not to communicate this information to you. The only kind of these communications that you may not “opt-out” of are those required to communicate announcements related to the Site and Services, including information specific to your account with us (if any), planned Site and Services suspensions and outages. We will attempt to minimize this type of communication to you.

Information Collected by HBX

HBX collects personal information that is submitted through the Site and our Services. For instance, users of our Services may submit personal information about tenants or occupants of the properties that such users own or manage, including first name and last name, phone number, address and email address, for the purposes of generating and issuing invoices using our Services.

If you are a user of our Services, when you register as a user of our Site and Services, we ask for personal information that will be used to activate your account, provide the Services to you, communicate with you about the status of your account, and for other purposes set out in this Privacy Policy. Your name, company name, address, telephone number, email address and certain other information about you may be required by us to provide the Services or be disclosed by you during your use of the Services. You will also be asked to create a user name and private password, which will become part of your account information.

We may also collect certain information automatically through interactions with the Site and Services, including as follows:

• Device Data, including data about the type of device or browser you use, your device’s operating system, your internet service provider, your device’s regional and language settings, and device identifiers such as IP  address. We may use Device Data to monitor the geographic regions from which users navigate access and use the Site and Services, and for security and fraud prevention purposes.
• Location Data, including imprecise location data (such as location derived from an IP address or data that indicates a city or postal code level), and, with your consent, precise location data (such as latitude/longitude data). We will not share your current location obtained in this manner with other users of the Site and Services.
• Cookies and Other Tracking Technologies, which may entail use of third-party analytics tools to better understand the user base of our websites. We use various technologies to collect information, and this may include sending cookies to user computers or mobile devices or enlisting third party services which use cookies to track your activities on our website. Cookies are small data files transferred to your computer’s hard-drive by a website, if your browser is enabled to accept cookies.  They keep a record of your preferences, making your subsequent visits to the site more efficient. Cookies may store a variety of information, including the number of times that you access a site, your registration information and the number of times that you view a particular page or other item on the site.  The use of cookies is a common practice adopted by most major sites to better serve their users. However, certain privacy law may, when applicable, restrict our use of such tracking technologies when it enables us to conduct profiling, to identify you or to geolocate you, and we may be required to obtain your opt-in consent to the activation of such technologies, as the case may be.

Purposes for Collection and Use

We may use your personal or account information for various purposes, including as follows:

• to provide the Site and Services to you or our users, including using such information to populate fields for billing and invoicing tenants and occupants;
• to facilitate payment processing by our payment processing service provider, currently Stripe;
• to improve the quality of the Site and Services through polls, surveys and other similar feedback gathering activities conducted by HBX and/or third parties;
• to create, manage and control your account information, and to verify access rights to the Site and Services;
• to bill you for service fees;
• to communicate with you, including without limitation for the purpose of providing you with information about the Site and Services, or informing you of changes or additions to the Site and Services or of the availability of any other services or features we provide;
• to assess service levels, monitor traffic patterns and gauge popularity of different features and service options of the Site and/or Services;
• to enforce this Privacy Policy or our Terms of Service located at https://hbxcontrols.com/privacy;
• to protect against fraud or error, and to respond to claims of any violation of our rights or those of any third parties;
• to respond to your requests for customer service;
• to protect the rights, property or personal safety of you, us, our users and the public;
• as required to comply with applicable laws or as authorized by applicable laws; and
• such other purposes that may be communicated to you.

Disclosure of personal information

Personal information we collected may be shared as follows or as otherwise described in this Privacy Policy:

• with relevant parties in connection with your transaction(s) and use of our Services (e.g. between tenant/occupant and the users of our Services;
• in response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation; and
• with vendors, consultants, and other service providers who need access to such information to carry out work on our behalf in connection with our Services, including our third party payment processor. 

If we provide your information to third party service providers, we take reasonable measures to ensure that this Privacy Policy and its principles are complied with and these third parties provide sufficient guarantees to implement appropriate security measures. We also require that they only use your personal information for the limited purposes for which it is provided. When our service providers no longer need your personal information for those limited purposes, we require that they dispose of the personal information. We do not authorize the service providers to disclose your personal information to unauthorized parties or to use your personal information for their direct marketing purposes.

In some circumstances, we may permit our service providers to retain aggregated or statistical information that does not identify you directly.

Additionally, we may use and disclose your information when we believe such use or disclosure is permitted, necessary or appropriate:

• under applicable law, including laws outside your country of residence;
• to comply with legal process, including outside of your country of residence;
• to respond to requests from public and government authorities, or to cooperate with law enforcement, including public and government authorities outside your country of residence;
• to enforce the terms of the agreements for our Site and Services;
• to protect our operations or those of any of our affiliates or subsidiaries;
• to protect our rights, privacy, safety or property, and/or those of our affiliates, you or others;
• to allow us to pursue available remedies or limit the damages that we may sustain; and
• in connection with a sale or business transaction, we may transfer your personal information to a third party to the extent necessary to conclude  any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, brands, affiliates, subsidiaries or other assets.

If we otherwise intend to disclose your personal information to a third party, in a manner not identified in this Privacy Policy, we will identify that third party and the purpose for the disclosure, and obtain your consent.

In addition, from time to time we may disclose or allow access to your personal information outside Canada where it may be subject to the lawful access requirements of the jurisdiction in which it is stored or able to be accessed. If you have any questions about our use of service providers outside of Canada, you may contact us using the contact information set out below.

Transfers outside of Canada

Your personal information may also be stored and processed in any country where we have facilities or in which we engage third party service providers, including the United States of America. As a result, to the extent permitted under applicable law, your personal information may be transferred to countries outside your country of residence, which may have different data protection rules than in your home country.  While such information is outside of your country, it is subject to the laws of the country in which it is located, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country.

Children’s information

We do knowingly not collect personal information of children under the age of 18. If we learn we have collected or received personal information from a child under 18, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us using the information in the “Contact Us” section below.

Rights to Your Information

We make reasonable efforts to ensure that your personal information is kept as accurate, complete and up-to-date as reasonably necessary.  We will not routinely update your personal information, unless such a process is necessary.  We expect you, from time to time, to supply us with updates to your personal information, when required.

You may make a written request to review any personal information about you that we have collected, used or disclosed, and we will provide you with any such personal information to the extent required and/or permitted by law.  You may also challenge the accuracy or completeness of your personal information in our records and request corrections. If you successfully demonstrate that your personal information in our records is inaccurate or incomplete, we will amend the personal information as required. To exercise these rights, please contact us by using the contact information in the “Contact Us” section below.

We may require that you provide sufficient identification to fulfill your request to access or correct your personal information.  Any such identifying information will be used only for this purpose.

Aggregated Data

We may also use your personal information to generate Aggregated Data for our business use, including to improve our Services and to develop new products and services. “Aggregated Data” means records which have been stripped of information potentially identifying users, and which have been manipulated or combined to provide generalized, anonymous information.

We will take reasonable measures to ensure the Aggregated Data cannot be associated with an individual, we will maintain and use such information only in an aggregated/anonymized form, and we will not attempt to reidentify such information except as permitted by law.

Links

The Site and/or Services may contain links to other sites and we are not responsible for the privacy practices or the content of such sites. We encourage you to read the privacy policy of linked sites. Their privacy policies and practices differ from our policies and practices.

Retention of Personal Information

We will use, disclose or retain your personal information only for as long as necessary to fulfill the purposes for which that personal information was collected and as permitted or required by law. These times vary depending on the purpose for which the information was collected and the need for the information.  We will destroy records containing personal information or in some cases, anonymize all personal information in the records, when we no longer need the information for the purpose for which it was collected, or for other business or legal purposes, or its retention is no longer required by law.

Security Measures

We have implemented reasonable physical, organizational, contractual and technological security measures with a view to protecting your personal information and other information from loss or theft, unauthorized access, disclosure, copying, use or modification.  We have taken steps to ensure that the only personnel who are granted access to your personal information are those with a business ‘need-to-know’ or whose duties reasonably require such information.

While we take precautions against possible breaches in our web sites and customer databases, no web site or Internet transmission is completely secure, so unfortunately we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of our website and the Services are at your own risk. We assume no liability for disclosure of your personal information due to transmission errors, unauthorized access, or causes beyond our control, including security failures on the part of our partners and third party service providers and processors.

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 information that you provided to us has been compromised), please contact us immediately using the contact information in the “Contact Us” section below.

Contact Us

If you have any queries about the disclosure of your personal information or if you otherwise have any questions or suggestions regarding our Privacy Policy or wish to make a complaint, you may contact HBX by email at legal@hbxcontrols.com or by certified mail at 4516 112 Avenue South East, Calgary, Alberta, Canada T2C 2K2.