Privacy Policy

Last Updated: February 15, 2016.

 

Your privacy is important to Fathom™, an operating division of Rx Networks Inc. (“Fathom”). This Privacy Policy explains how Fathom collects, uses, discloses, retains and deletes personal information, including information collected by Fathom through Fathom’s website and Fathom’s products, software and services.

 

1.      Application of this Privacy Policy

This Privacy Policy applies to personal information that Fathom collects directly from individuals in connection with their interaction with Fathom and their use of Fathom products, software and services.

This Privacy Policy does not apply to personal information collected by a Fathom customer and provided by the customer to Fathom in connection with the customer’s use of Fathom’s products, software and services (including Fathom™ Control). Fathom relies on its customers to comply with all applicable laws, including obtaining all required consents and permissions, regarding the collection, use, disclosure, retention and deletion of personal information collected by the customer and provided to Fathom. Fathom has no control over, or responsibility or liability for, any Fathom customer’s collection, use, disclosure, retention and deletion of personal information. Each Fathom customer’s collection, use, disclosure, retention and deletion of personal information, and Fathom’s use of that personal information in accordance with permissions granted by the customer, are governed by the customer’s own privacy policy (not this Privacy Policy). More information about Fathom Control is in section 12 below.

2.     Your Consent

By providing Fathom with your personal information, you consent to the collection, use, disclosure, retention and deletion of that information in accordance with this Privacy Policy and as otherwise permitted by applicable law.

3.     Personal Information

In this Privacy Policy, “personal information” means information about an identifiable individual, such as an individual’s name, postal address, telephone number or email address.

4.     Information That Fathom Collects

a)     Information You Provide to Fathom

You may be asked to voluntarily give your personal information to Fathom when you interact directly with Fathom, including when you subscribe to a Fathom newsletter, register to receive information from Fathom or purchase or register to use a Fathom product, software or service. In those circumstances, you can choose not to provide certain requested personal information, but then you might not be able to proceed with your intended interaction with Fathom or otherwise receive the full benefit of Fathom products, software or services.

b)     Automated Collection

Fathom may automatically collect certain information regarding your use of Fathom’s website or services (including Fathom Control), such as the dates and times that you access a service, the browsers, operating systems, software and devices that you use to access a service and details of your use of a service.

If you connect a Fathom product to Fathom software (such as a mobile app) or a Fathom service (such as Fathom Control), then the software or service may automatically collect certain information regarding the product and your use of the product.

If you install Fathom software (such as a mobile app) on your computer or mobile device, then the settings of the software and device may permit the automatic transmission to Fathom of diagnostic information and other information regarding your computer or mobile device and your use of the software.

Fathom’s website, online services, email messages and advertisements may use “cookies” and other similar technologies to assist Fathom to improve products, software and services and customer communications. Fathom may use information collected through technological means to recognize you as a user of Fathom’s website or services and to facilitate and improve your use of Fathom’s website and services. You may choose to decline or disable cookies if your web browser or device permits, but doing so may affect your ability to access or use certain features of Fathom’s website, products, software and services.

Much of the information that is automatically collected by technological means is non-personal information (because the information does not identify you), and Fathom will deal with that non-personal information as explained below in this Privacy Policy unless applicable law requires otherwise.

5.     How Fathom Uses Personal Information

Fathom uses your personal information collected by Fathom for purposes relating to or arising from your relationship and transactions with Fathom and as otherwise set out in the Privacy Policy or permitted by applicable law, including:

  • to provide you with products, software and services (including to create and manage your accounts for Fathom services) and to improve your experience;
  • to administer Fathom’s relationship with you, including to contact and correspond with you regarding products and software you have purchased, downloaded or registered with Fathom and Fathom services for which you have registered;
  • to facilitate your transactions with Fathom, including processing orders and payments;
  • to process and respond to your inquiries, requests and other communications with Fathom;
  • to provide you with general information regarding Fathom and its products, software and services, to the extent permitted by applicable law;
  • to administer and facilitate your participation in contests and promotions related to Fathom products, software and services;
  • to maintain, protect and improve Fathom products, software and services and to develop new products, software and services; and
  • to protect and enforce Fathom’s legal rights, interests and remedies and to protect the business, operations and customers of Fathom or other persons.

Fathom may develop a confidential profile for you, which will be used by Fathom to provide products, software and services to you and to facilitate your dealings with Fathom.

6.     How Fathom Discloses Personal Information

Fathom discloses your personal information for purposes relating to or arising from your relationship and transactions with Fathom and as otherwise set out in this Privacy Policy or permitted by applicable law.

a)    Fathom Customers

If you are authorized to use Fathom products, software or services by or on behalf of a Fathom customer, then Fathom may disclose your personal information (including information regarding your use of Fathom products, software and services) to the Fathom customer and the Fathom customer’s personnel.

b)    Suppliers and Service Providers

Fathom may disclose your personal information to Fathom’s suppliers and service providers (including payment processors) to assist Fathom in the provision of products, software and services to you, to provide products and services to Fathom, to assist Fathom to use your personal information in accordance with this Privacy Policy, and as otherwise permitted by applicable law.

c)    Law Enforcement/Legal Disclosures

Fathom may disclose your personal information as required or authorized by applicable law, including to comply with a subpoena, warrant or court or arbitral order or litigation disclosure obligation. Fathom may disclose your personal information to law enforcement agencies or other organizations if Fathom reasonably believes the disclosure is necessary or appropriate in connection with national security, law enforcement or other issues of public importance, or if Fathom reasonably believes the disclosure is necessary or appropriate to protect and enforce Fathom’s legal rights, interests and remedies or to protect the rights, interests, business, operations or customers of Fathom or other persons (including to enforce any of the terms of use, terms of service or other agreements that govern access to or use of any Fathom products, software and services). Fathom has no control over, or responsibility or liability for, the use, disclosure, retention and deletion of your personal information by the agencies, organizations or other persons to whom Fathom discloses the information in the foregoing circumstances, and the use, disclosure, retention and deletion of the disclosed information by those agencies, organizations or other persons is not subject to this Privacy Policy.

d)    Business Transactions

Fathom may disclose your personal information in connection with a proposed or actual business transaction in which Fathom is involved (such as a corporate amalgamation, reorganization, merger or acquisition, or the sale or transfer of some or all of Fathom’s business or assets), but Fathom will require the information recipient agree to protect the privacy of your personal information in a manner that is consistent with this Privacy Policy and applicable law.

7.     Location of Personal Information

Fathom may process, store and use your personal information at facilities in various countries, including Canada, the United States of America and one or more countries in Europe or Asia. The personal information protection laws of those other countries might be different from the laws of the jurisdiction in which you reside, and might permit courts, government, law enforcement agencies, regulatory agencies and security authorities to access your personal information without notice. By providing Fathom with your personal information, you consent to the transfer of your personal information to facilities located in other countries and the processing and storage of your personal information at those facilities.

8.     Retention of Personal Information

Fathom retains your personal information for the period reasonably necessary for the purposes set out or referenced in this Privacy Policy and as necessary to comply with Fathom’s legal obligations or enforce or protect Fathom’s legal rights, or a longer period required or permitted by applicable law. Fathom will delete or dispose of your personal information when Fathom is no longer reasonably required to retain the information for the purposes set out or referenced in this Privacy Policy or for legal compliance purposes.

Some of Fathom’s services may be designed to protect certain information from accidental or malicious destruction. Because of that, if you delete your information from those Fathom services residual copies of the information may be retained in Fathom’s systems for a reasonable period.

9.     Protection of Personal Information

Fathom uses reasonable safeguards – including administrative, physical and technical security and safeguarding measures – appropriate to the sensitivity of the personal information in Fathom’s possession or under Fathom’s control to help protect the information from unauthorized access, collection, use, disclosure, disposal or similar risks. Nevertheless, security risks cannot be eliminated and Fathom cannot guarantee that your personal information will not be used, disclosed or deleted in ways not otherwise described in this Privacy Policy.

10.     Accuracy and Access to Personal Information

Fathom will rely on you to ensure that your personal information that you provide to Fathom is as accurate, complete and up to date as necessary for the purposes for which Fathom uses the personal information. You will promptly notify Fathom of any changes to your personal information using the procedures made available for that purpose by Fathom.

You may reasonably request access to your personal information collected by Fathom and information about Fathom’s use, disclosure, retention and deletion of that personal information by submitting a written request to Fathom’s Chief Privacy Officer using the contact information noted below. Subject to applicable exceptions and limitations prescribed by applicable law, you will be given reasonable access to your personal information and you will be entitled to verify the accuracy and completeness of your personal information and to have the information amended as appropriate. You may be required to pay a reasonable fee for access to your personal information. Fathom may decline to process a request that is unreasonably repetitive, frivolous, vexatious or impracticable, that infringes or jeopardizes the privacy of other persons, or for which access is not required by applicable law.

11.     Non-Personal Information

Fathom creates and collects non-personal information (information that is not about an identifiable individual), including personal information that has been aggregated or otherwise depersonalized, so that it no longer relates to an identifiable individual. Fathom may use, disclose, transfer and retain non-personal information for any purpose and in any manner whatsoever. If non-personal information is combined with personal information, then Fathom will treat the combined non-personal information as personal information for the purposes of this Privacy Policy for as long as the non-personal information is combined.

12.     Fathom™ Control

Fathom Control is an Internet-based service operated by Fathom and designed to be used by a Fathom customer to process, analyze, store and disclose certain kinds of Bluetooth-transmitted data that the customer has collected from Bluetooth beacons and other Bluetooth enabled devices (e.g. a Bluetooth enabled mobile device) that are within the range of the customer’s beacon network (collectively “Bluetooth Data”). Depending on how a Fathom customer has configured the customer’s beacon network and the customer’s Fathom Control account, Bluetooth Data may include:  basic information about a device (e.g. make, model, operating system, UUID and other similar information);  the location of a device, including when the device arrives or leaves a particular location covered by the customer’s beacon network; and  the date and time the data is collected.

Bluetooth Data relating to a device that is not owned or administered by the Fathom customer will not include the name, telephone number or email address of the user or owner of the device or data stored in the device. A device user may use the device’s settings to disable Bluetooth and prevent the collection of Bluetooth Data from the device.

This Privacy Policy does not apply to Bluetooth Data or other information collected by a Fathom customer and provided by the customer to Fathom in connection with the customer’s use of Fathom’s products, software and services (including Fathom™ Control).

Fathom relies on its customers to comply with all applicable laws, including obtaining all required consents and permissions, regarding the collection, use, disclosure, retention and deletion of personal information collected by the customer and provided to Fathom. Each Fathom customer’s collection, use, disclosure, retention and deletion of personal information, and Fathom’s use of that personal information in accordance with permissions granted by the customer, are governed by the customer’s own privacy policy (not this Privacy Policy). If you have questions about how a Fathom customer collects, uses, discloses, retains or deletes personal information, please contact the Fathom customer directly.

13.     Other Matters

a)    App Store Operators:  If you wish to obtain a copy of a Fathom mobile app from an online app store operated by an unaffiliated third party (such as Apple and Google), then you will be required to disclose your personal information to the app store operator in order to download a copy of the mobile app. Fathom has no control over, or responsibility or liability for, the collection, use, disclosure, retention and deletion of your personal information by any app store operator. Each app store operator’s use, disclosure, retention and deletion of your personal information are governed by the app store operator’s own privacy policy (not this Privacy Policy).

b)    Business Contact Information:  To the extent permitted by applicable law, the provisions of this Privacy Policy concerning personal information do not apply to business contact information (such as your name, position or title, business address, business telephone number, business fax number and business email address) that enables you to be contacted at a place of business or is used for the purpose of communicating or facilitating communication with you in relation to your employment or business.

c)    Other Fathom Agreements:  The agreements (including any subscription agreement, license agreement, end user agreement, terms of service or use) that you accept when you order, register or use Fathom products, software or services contain important provisions, including provisions disclaiming, limiting or excluding Fathom’s liability and provisions determining the applicable law and exclusive jurisdiction for the resolution of disputes. To the extent permitted by applicable law, each of those provisions applies to any dispute that may arise in relation to this Privacy Policy or Fathom’s collection, use, disclosure, retention and deletion of your personal information, and are of the same force and effect as if they had been reproduced directly in this Privacy Policy. Nothing in this Privacy Policy amends any of those other agreements.

d)    Changes to this Policy:  Fathom may change this Privacy Policy from time to time by posting a new version of this Privacy Policy on Fathom’s website. Fathom’s collection, use, disclosure, retention and deletion of your personal information will be governed by the version of this Privacy Policy in effect at that time. Your continued dealings with Fathom subsequent to any changes to this Privacy Policy will signify your consent to the collection, use, disclosure, retention and deletion of your personal information in accordance with the changed Privacy Policy. Accordingly, you should check the “Last Updated” date of this Privacy Policy (at the top of this Privacy Policy) and review any changes since the last version.

e)    English Language:  You and Fathom have each expressly requested and required that this Privacy Policy and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que cette Politique de Confidentialité et tous les documents qui s’y rapportent soient rédigés en anglais.

d)    Contacting Fathom’s Chief Privacy Officer:  If you have any comments or questions about this Privacy Policy or how Fathom deals with your personal information collected by Fathom, please contact Fathom’s Chief Privacy Officer by mail or email at: Fathom – Chief Privacy Officer, 1201 West Pender Street, Suite 800, Vancouver, British Columbia, Canada, V6E 2V2; email: privacy@fathom.xyz. If you have questions about how a Fathom customer collects, uses, discloses, retains or deletes personal information, please contact the Fathom customer directly)