This Privacy Policy sets out the basis on which we will process any Personal Data that we may collect about you as a visitor to our website at www.faobservatory.space or our customers or potential customers, or other business partners or in any other cases where we specifically state that this policy will apply. This policy further sets out how we protect your privacy and your rights in respect of our use of your Personal Data.

WHO IS THE DATA CONTROLLER?

A “data controller” is a person or organization who alone or jointly determines the purposes for which, and the manner in which, any personal data is, or is likely to be, processed. In this sense, Fundy Archipelago Observatory, 408 Hill Road, Grand Manan, NB, Canada, E5G1E6 (“Fundy Archipelago Observatory”, “we”, “us”, “our”) is the data controller. If you have any questions about data protection at Fundy Archipelago Observatory in general, you can reach us by email using faobservatory@gmail.com.

WHAT IS PERSONAL DATA?

Personal data is any information that relates to an identified or identifiable living individual. Different pieces of information, which collected together can lead to the identification of a particular person, also constitute Personal Data.

WHY DO WE HAVE A PRIVACY POLICY?

Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the EU's General Data Protection Regulation (“GDPR”) control how your Personal Data is used by us. We are also required to explain which Personal Data we collect from you via our website and shop, what we use it for, when we delete it and how your data is protected.

WHAT ARE THE LEGAL BASES FOR PROCESSING PERSONAL DATA

All Personal Data that we obtain from you via our website will only be processed for the purposes described in more detail below. This is done within the framework of the PIPEDA and the GDPR and only if at least one of the following applies: a) you have given your consent, b) the data is necessary for the fulfillment of a contract / pre-contractual measures, c) the data is necessary for the fulfillment of a legal obligation, or d) the data is necessary to protect the legitimate interests of our company, provided that your interests are not overridden.

WHAT PERSONAL DATA DO WE COLLECT FROM YOU?

  • Collection of access data and log files

When you visit our website, we collect the Personal Data that your browser automatically transmits to our server. This is technically necessary for us to display our website and to ensure its stability and security. In this sense, we collect the following data: i) IP address of the requesting computer, ii) Date and time of access, iii) name and URL of the file accessed, iv) website from which the access was made (referrer URL), v) browser used and, if applicable, the operating system of your device as well as the name of your access provider. The legal basis is our legitimate interest.

  • Hosting

The hosting service used by us for the purpose of operating our website is Squarespace. In doing so Squarespace, processes inventory data, contact data, content data, contract data, usage data, meta data and communication data of customers, interested parties and visitors of our website and shop, on the basis of our legitimate interests in an efficient and secure provision of the website and services in conjunction with the provision of contractual services.

  • Content Management System and eCommerce system

We also use the Content Management System (CMS) and the eCommerce system of Squarespace to publish and maintain the created and edited content and texts on our website. This means that all content and texts submitted to us by users for publication is transferred to Squarespace. In addition to texts, this also includes, for example your data in our forms. The legal basis for this processing is our legitimate interest.

  • Cookies

For the processing of personal data using cookies and similar technologies on our website, please refer to our Cookie Policy. The legal basis for the use of cookies is our legitimate interest or your consent when you agree to the use of technically non-essential cookies as further explained in our Cookie Policy.

  • Cookie consent

As set out in the PIPEDA and the EU`s Privacy and Electronic Communications Directive (“PECD”), we need to obtain consent for the use of technically non-essential cookies. For this purpose we use a cookie consent tool, to obtain your consent to the storage of cookies and to document this consent. When you enter our website, the following Personal Data is transferred to us via our cookie consent tool: i) Your consent(s) or revocation of your consent(s); ii) Your IP address; iii) Information about your browser; iv) Information about your device; v) Time of your visit to our website. The basis for processing is our legitimate interest and your consent.

  • Analytics

For business reasons, we analyze the data we have on web and server traffic patterns, website interactions, browsing behavior etc. The analyses serve us alone and are not disclosed externally and processed using anonymous analyses with summarized and or anonymized values. For this purpose we use Squarespace Analytics. The legal basis is our legitimate interest and your consent. For further information, please refer to our Cookie Policy.

  • Contact options

We process and store the Personal Data provided in the contact enquiry solely for the purpose of processing and responding to your enquiry and contacting you. If you contact us, we will process the data you provide to respond to you and answer your questions and requests. In doing so, the principle of data economy and data avoidance is observed in that you only have to provide the data that we absolutely need from you in order to contact you. These are usually your first and last name, your email address, the topic selection and the message itself. The legal basis for processing is our legitimate interest, the provision or initiation of a contractual service and your consent.

  • Shopping with us

We process your first name, last name, e-mail address, billing and shipping address for the delivery of your order and the data related to your contract with us to handle the contractual relationship. The legal basis for processing is the provision of a contractual service.

When you place an order and you give us Personal Data of a third party, you represent and warrant that the Personal Data is up-to-date, complete, and accurate and that you have obtained the third party’s prior consent for our collection, use and disclosure of their Personal Data for the Purposes.

  • User account

It is also possible for you to register for an account. For this purpose, you can choose a password together with your email address, both of which will enable you to log in more easily without having to enter your data again when you make a future purchase or to access your order history. We will hold your data for further orders as long as you have your account with us.

  • Payment Data

If you make a purchase your payment data will be processed via our payment service provider Squarespace Payments, Apple Payments or Stripe. Payment data will solely be processed through the by you chosen payment service provider and their associated payment methods and we have no access to any Payment Data you may submit. The legal basis for the provision of a payment system is the establishment and implementation of the contract.

  • Administration, financial accounting, office organization, contact management

We process data in the context of administrative tasks as well as organization of our business, and compliance with legal obligations, such as archiving and accounting. In this regard, we process the same data that we process in the course of providing our contractual services. The processing bases are our legal obligations and our legitimate interest.

  • Aggregated Data

We also collect, use and share aggregated data such as statistical or demographic data for any purpose including improving our website. Aggregated data could be derived from your Personal Data but is not considered Personal Data in law as this data will not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this privacy policy.

  • Promotional use of your data

We use your data (name and email address) within the legally permissible scope for marketing purposes, e.g., to draw your attention to special promotions and discount offers via email. In addition, we reserve the right to use your first and last name as well as your postal address for our own advertising purposes, e.g., to send you interesting offers and information about our products by post. This serves to protect our legitimate interests.

DISCLOSURES OF YOUR PERSONAL DATA

We will not disclose or otherwise distribute your Personal Data to third parties unless this is a) necessary for the performance of our services including our fulfillment partners such as Printful (for clothing and merchandise) or Pictorem (for wall art) and their forwarders and couriers, b) you have consented to the disclosure, c) or if we are legally obliged to do so e.g., by court order or if this is necessary to support criminal or legal investigations or other legal investigations or other legal proceedings; or proceedings at home or abroad or to fulfill our legitimate interests.

INTERNATIONAL TRANSFER

We may transfer your Personal Data to other companies as necessary for the purposes described in this Privacy Policy. In order to provide adequate protection for your Personal Data when it is transferred, we have contractual arrangements regarding such transfers. We take all reasonable technical and organizational measures to protect the Personal Data we transfer.

MARKETING

Insofar as you have given us your consent to process your Personal Data for marketing and advertising purposes, we are entitled to contact you for these purposes via the communication channels you have given your consent to.

You may give us your consent in a number of ways including by selecting a box on a form where we seek your permission, or sometimes your consent is implied from your interactions or contractual relationship. Where your consent is implied, it is on the basis that you would have a reasonable expectation of receiving marketing communication based on your interactions or contractual relationship with us.

Our Marketing (c.f. Promotional use of your data above) generally takes the form of email but may also include other less traditional or emerging channels. These forms of contact will be managed by us, or by our contracted service providers. Every directly addressed marketing sent by us or on our behalf will include a means by which you may unsubscribe or opt out.

HOW LONG DO WE KEEP YOUR PERSONAL DATA?

We will delete your Personal Data when we no longer need such Personal Data, for instance where:

  • it is no longer necessary for us to retain your Personal Data to fulfill the purposes for which we had collected it;

  • we believe that your Personal Data that we hold is inaccurate; or

  • in certain cases where you have informed us that you no longer consent to our processing of your Personal Data.

Sometimes, however there are legal or regulatory requirements which may require us to retain your Personal Data for a specified period, and in such cases we will retain your Personal Data for such specified period; and we may need to retain your Personal Data for certain longer periods in relation to legal disputes, and in such cases we will retain it for such longer periods to the extent required.

HOW WE SECURE YOUR PERSONAL DATA

We take appropriate organizational, technical, and physical measures to help safeguard against accidental or unlawful destruction, loss, alteration, and unauthorized disclosure of, or access to, the Personal Data we collect and process. However, no method of collection, storage, or transmission is 100% secure. You are solely responsible for protecting your password, limiting access to your devices, and signing out of websites after your sessions.

SOCIAL MEDIA

We are present on social media and if you contact or connect with us via social media websites, we and the relevant social media website are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The legal basis is our legitimate interest, your consent or, in some cases, the initiation of a contract.

When you visit our social media profiles, we, as the operator of the profile, process your actions and interactions with our profile (e.g., the content of your messages, enquiries, posts or comments that you send to us or leave on our profile or when you like or share our posts) as well as your publicly viewable profile data (e.g., your name and profile picture).

Which Personal Data from your profile is publicly viewable depends on your profile settings, which you can adjust yourself in the settings of your social media account. Please take care not to transmit or share sensitive data or confidential information (e.g., application documents, bank or payment data) via social media platforms; we recommend that you use a more secure means of transmission (e.g. e-mail).

LINKED SITES

For your convenience, there may be hyperlinks on our website that link to other websites. We are not responsible for, and this Privacy Policy does not apply to the privacy practices of any linked websites or of any companies that we do not own or control. The website links may collect information in addition to the information we collect.

We do not endorse any of these linked websites, their products, services, or any of the content on their websites. We encourage you to seek and read the Privacy Policy of each linked website that you visit to understand how the information that is collected about you is used and protected.

YOUR RIGHTS AND PRIVILEGES

  • Privacy rights

You can exercise the following rights:

  • The right to access;

  • The right to rectification;

  • The right to erasure;

  • The right to restrict processing;

  • The right to object to processing;

  • The right to data portability;

  • Updating your information and withdrawing your consent

If you believe that the information we hold about you is inaccurate or request its rectification, deletion, or object to legitimate interest processing, please do so by contacting us.

  • Access Request

In the event you want to make a Data Subject Access Request, please contact us. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.

  • Complaint to a supervisory authority

You also have the right to lodge a complaint with a data protection supervisory authority. The Office of the Privacy Commissioner of Canada (OPC) is the relevant authority in matters of data protection. You have the right to make a complaint at any time to the OPC (www.priv.gc.ca/en). We would, however, appreciate the chance to deal with your concerns in the first instance.

  • What we do not do

  • We do not request Personal Data from minors and children;

  • We do not sell your Personal Data;

  • We do not process special category data without obtaining prior specific consent; and

  • We do not use Automated decision-making including profiling.

HELP AND COMPLAINTS

If you have any questions about this policy or the information we hold about you please contact us by email using faobservatory@gmail.com.

CHANGES

The first version of this policy was issued on Monday, September 9th, 2024 and is the current version. Any prior versions are invalid and if we make changes to this policy, we will revise the effective date.