PRIVACY POLICY

1. Scope

This Privacy Policy is entered into by the User and 1931085 Ontario Ltd DBA Tailwind, having its office at 12015 Crowland Avenue, Niagara Falls, Ontario, Canada, L3B 5N4 (“Company”). The COMPANY Site http://www.gotailwind.com (“Site”), mobile, and voice applications such as Go Tailwind, Tailwind, Tailwind Smart Home, and Tailwind Garage respect the privacy of everyone who uses them. Please read our Privacy Policy carefully so that you can understand how we collect and use the personal information that you provide to us. This Privacy Policy describes how we collect, use and share personal and other specific information. These privacy practices apply to past, current, and potential future users.

By submitting your personal data to us, you will be treated as having given your permission for disclosures referred to in this policy. If you do not agree with any of these terms and conditions, please do not use this site or our applications. By using our software or accessing any part of this web site and / or using the information provided on or via this web site you will be deemed to have accepted this Privacy Policy in full. Current customers and any other users are subject to our present Terms and Conditions.

2. Minors

To respect the privacy of children and to comply with the laws of the country, children under the age of 13 should not provide any personal information to us. We request that parents supervise their children while online.

If you are under 18 years old please do not send us your personal information (for example, your name, address and email address) since you are legally not entitled to enter into an agreement with us. If you are between the ages of 13 and 18 years old and you wish to ask a question or use this site in any way which requires you to submit your personal information please get your parent or guardian to do so on your behalf.

 

3. Information Collection

(a) Information collected:

When you look at the Site or use our software applications, our Internet Service Provider makes a record of your visit. The computer systems and software used by the site and our applications, acquire certain personal data in the normal course of the service, which is implicit to be able to use the Internet communication protocols.


Also, the following information is logged, used, and monitored for statistical purposes, enforcement of the Terms and Conditions, to facilitate user disputes, and enable certain features:

  1. your server address
  2. your top level domain name (for example .com, .gov, .au, etc)
  3. the date and time of your visit to the site
  4. the pages you accessed and documents downloaded
  5. the previous site you have visited and the type of browser you are using
  6. your location for the purposes of controlling your Tailwind internet enabled devices
  7. any information you provide through the Tailwind mobile application such as your name, email address, physical address, and various settings / configurations for the sole purpose of providing the services you are requesting from us
  8. if you choose to send a bug report from the Tailwind mobile application it will send additional information such as the type of mobile phone you have, operating system, Tailwind app version, recent location data gathered by the Tailwind app, presence of vehicle sensors or vehicle bluetooth connections, your physical activity (such as driving a vehicle or not) as well as data regarding your interaction with the Tailwind app for the sole purpose of helping us diagnose any difficulties you may be having with our products or services. In order to send this additional data to us you must actively tap on "Send bug report" in the app - meaning it is entirely voluntary on your part.

We do not use or disclose your personal information collected for any other purpose other than the primary purpose without first gaining your consent, or where it is required by law.

The data could also be used to investigate responsibility in the event of computer crimes that damage the site.

(b) Email Information:

Your e-mail address is recorded when you purchase products at the site and when you register them. We respect the confidentiality of the information you provide to us. As such, any personal information that we collect will only be used for the purpose for which it has been provided to us. Under no circumstances will your e-mail address be added, sold or given to a mailing list or used for any other purpose.

 

4. Information Use

We use information in the file we maintain about you, and other information we obtain from your current and past activities on our website or when using our applications, to resolve disputes, troubleshoot problems and enforce our Terms and Conditions. 

Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. We may use your personal information to:

  • provide the products and customer support you request
  • process transactions and send notices about your transactions
  • resolve disputes, collect fees, and troubleshoot problems
  • prevent potentially prohibited or illegal activities, and enforce our Terms and Conditions
  • customize, measure, and improve our services and the content and layout of our website
  • send you targeted marketing, product update notices, and promotional offers based on your communication preferences
  • allow you to control and monitor your Tailwind products over the internet using voice commands, mobile applications, and various automations that use your location, bluetooth connections, physical activity detection and other algorithms
  • compare information for accuracy and verify it with third parties.

You agree that we may use personally identifiable information about you to improve our marketing and promotional efforts, to analyze site and application usage, improve our content and product offerings, and customize our site's content, layout, services and to enforce the Terms and Conditions. These uses improve our site and better tailor it to meet all users’ needs.

  • COMPANY may disclose information about its users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process.
  • COMPANY may also disclose information about its users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms and Conditions; respond to claims that any posting or other content violates the rights of third-parties; or protect the rights, property, or personal safety of COMPANY, its users or the general public.

 

5. Protection of Information and data retention

Throughout this policy, we use the term "personal information" to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been anonymized so that it does not identify a specific user.

We store and process your personal information on computers, and we protect it by maintaining physical, electronic and procedural safeguards in compliance with applicable federal and provincial regulations. We use computer safeguards such as firewalls and data encryption, enforce physical access controls to buildings and files, and authorize access to personal information only for those employees who require it to fulfill their job responsibilities.

Account related information is retained in order to keep your account active and functioning. Activity related information such as that sent in bug reports or device usage history is automatically deleted after 60 days.

 

6. Sharing of Information

We work with third party sites to enable them to accept payments from you. User is advised to go through the website legal policies of such sites before initiating transactions through such sites. The Site is not responsible for the working of such sites. The Site does not in any manner whatsoever hold liability for any errors in payment amounts, method, technical problems in payment, etc.

We may share your personal information with:

  • Service providers under contract who help with parts of our business operations; (fraud prevention, bill collection, marketing, technology services). Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.
  • Companies that we plan to merge with or be acquired by. Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information could be used contrary to this policy, you will receive prior notice.
  • Law enforcement, government officials, or other third parties when
o  We are compelled to do so by a subpoena, court order or similar legal procedure
o  We need to do so to comply with law
o  We believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our Terms and Conditions.

  • Other third parties with your consent or direction to do so.

COMPANY will not sell or rent any of your personal information to third parties in the normal course of doing business and only shares your personal information with third parties as described in this policy.

 

7. Advertising and Spamming

The COMPANY Site provides a platform for its users to read about and purchase their products. No advertising or promotion or spamming in the guise of purchasing Company’s products is allowed.

 

8. International Users

By visiting our web site and providing us with data, you acknowledge and agree that due to the international dimension of the Site we may use the data collected in the course of our relationship for the purposes identified in this policy or in our other communications with you, including the transmission of information outside your resident jurisdiction. In addition, please understand that such data may be stored on servers located in Canada or the United States. By providing us with your data, you consent to the transfer of such data.

 

9. Indemnities

The User agrees that use of the Site and the Internet, without limitation, is solely at his own risk and is subject to all applicable local, state, national and international laws and regulations.

The User agrees that the Internet is not a secure network and that third parties may be able to intercept, access, use or corrupt the information the User transmits over the Internet. COMPANY is not responsible for invalid destinations, transmission errors, or corruption, interception or security of user data. The User agrees that COMPANY  cannot and does not guarantee or warrant that the  Site will be free of viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.

The User understands and agrees that COMPANY does not warrant the Site to be uninterrupted or error-free. The User further understands and agrees that COMPANY  has no control over third party networks or  Sites that the User may access in the course of using the Site, and that delays and disruptions of other network transmissions are completely beyond the control of COMPANY .

The User agrees that COMPANY  assumes no responsibility for the accuracy, integrity, quality, completeness, usefulness or value of any content, data, documents, graphics, images, information.

The User acknowledges that COMPANY shall be the final decision maker of whether the User has violated the Agreement in a manner that results in his suspension or permanent barring from ACCESSING the Site.  

 

10. Cookies

Our collection of website use information may involve the use of cookies. A cookie is a small removable data file that is stored by your web browser on your computer. Cookies allow you to place an order on our Site and allow us to enhance and personalize your online surfing and product ordering experience. We use cookies to remember the items in your cart, recognize you when you return to our Site and analyze visitor behavior.

You can choose to have your computer warn you each time a cookie is being sent or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer or Firefox or Safari) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookie settings. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly.

 

11. Data Security

We strive to maintain appropriate procedural and technical security with respect to our offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure, or modification of personal information. This also applies to our disposal or destruction of personal information. We have implemented technology and policies with the objective of protecting your privacy from unauthorized access and improper use and will update these measures as new technology becomes available, as appropriate.

We encrypt the pipe through which personal information, such as credit card numbers, is sent, using Secure Socket Layer (SSL) technology to ensure that your information is safe as it is sent over the Internet to our server.

 

12. Change In Privacy Policy

From time to time we may make changes to this privacy policy. If we make any substantial changes to this privacy policy and the way in which we use your personal data we will post these changes on this page and will do our best to notify you of any significant changes. Please check our privacy policy on a regular basis.

 

13. Miscellaneous Provisions

If any part of this document is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

The User and COMPANY agree that all matters relating to use of, the Service or COMPANY Site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this PRIVACY POLICY. The User and COMPANY consent to the exclusive personal jurisdiction of the Superior Court of Justice in Toronto, Ontario Canada, for any dispute arising out of this Agreement or the performance of the obligations hereunder. 

This PRIVACY POLICY constitutes the entire agreement between the User and COMPANY with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. The User agrees not to assign or otherwise transfer this PRIVACY POLICY in whole or in part; any attempt to do so shall be void. Any terms varying from this PRIVACY POLICY in any written or electronic communication from the User are void.

 

14. Effective Date

This privacy policy is effective on the 8th of November 2022.

 

15. Feedback

We welcome your questions and comments on this document in the COMPANY feedback page on the Company Site or to feedback@gotailwind.com.