Privacy Policy

Introduction and scope

Rocscience and its affiliates (“Rocscience”, “we”, “our” and “us” and similar expressions) is committed to protecting the integrity and privacy of the personal information we collect. This privacy policy (“Policy”) explains how we collect, use, share or otherwise process your personal information (which we defined below) and how we safeguard it when providing our services, when you visit our website, or when you communicate with us in person, by phone, by email, or by any other means of communication.

If you have any questions or concerns about our use of your personal information, please contact us using the contact details provided at the bottom of this Policy.

How we define personal information

In this Policy, personal information is any information about you that can be used to identify you, alone or in combination with other information.

Personal information we collect

Information we collect directly from you

The personal information we collect directly from you may include information such as your name, email address, phone number, company name, and job title. We may use this personal information in order to respond to your enquiry, provide you with a demo if you request one, register your account with us, or to subscribe you to marketing communications.

Information that we collect automatically

When you visit our website, we may collect certain information automatically from your device, including the following:

  • IP address;
  • device type;
  • unique device identification numbers;
  • browser type;
  • broad geographic location (e.g. country or city-level location); and
  • other technical information, including how your device has interacted with our website (e.g., pages accessed and links clicked.)

Some of the personal information we collect automatically from you when you visit our website is required for the operation of the website. If you withdraw your consent to our collection and use of such personal information, the availability or the functioning of the website may be affected, and we may no longer be able to provide you with certain services relating to your use of the website.

We may use this personal information to better understand the visitors of our website, including where they come from and what content on our website is of interest to them. We use this information for our internal analytics purposes and to improve the quality and relevance of our website to our visitors.

Information that we obtain from third party sources

From time to time, we may receive personal information about you from third party sources, but only where we have checked that these third parties either have your consent or are otherwise legally permitted or required to disclose your personal information to us. 

The type of information we may collect from third parties includes geolocation information to identify what state and country you are visiting our website from. We use the information we receive from these third parties to ensure inquiries and other requests are routed to the appropriate team internally for processing as promptly as possible.

How we use your personal information

We may use your personal information for general business purposes such as providing or delivering our services, managing our website, preventing or reducing commercial risk, complying with legal obligations, as well as for purposes relating to our information system or network security. More specifically, we may use your personal information for the following purposes:

  • Providing and improving our services and software
  • Administering our website  
  • Communicating with you about our products, to provide support, and for marketing
  • Managing our user database
  • Analyzing usage patterns to enhance user experience

We may also use personal information as otherwise permitted or required by law, including to comply with a legal obligation, to protect the rights of Rocscience, to enforce or apply our Terms of Use, or to detect, prevent and investigate suspicious, unauthorized, fraudulent, illegal or unlawful activity.

How we share your personal information

We may share your personal information with the following categories of recipients:

  • to our affiliates;
  • third party service providers, including payment processors, hosting providers, IT consultants, and communications agencies;
  • competent law enforcement body, regulatory or government agency, court or other third party as required or permitted by law.
  • in connection with any proposed purchase, reorganization, merger or acquisition of any part of our business, provided that we inform the buyer it must use your personal information only for the purposes disclosed in this Policy; or
  • to any other recipient with your consent.

Cross-border transfer of personal information

We process personal information from our operating offices located in Canada, the United States, Europe, and Brazil.

We may transfer your personal information to our affiliates and service providers located in other jurisdictions. Organizations based outside of your country of residence may not be subject to privacy laws that provide you with the same rights and protections as your country of residence. As a result, when your personal information is used or stored in a jurisdiction other than where you are residing, it may be subject to the law of that foreign jurisdiction, including any law permitting or requiring disclosure of the information to the government, government agencies, courts, or law enforcement in that jurisdiction.

Legal basis for collecting and using personal information

If you are a website visitor from the European Economic Area, our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.

We will normally collect personal information from you only where:

  • we have your consent to do so (see Article 6 (1) (a) of the EU General Data Protection Regulation – GDPR);
  • we need the personal information to perform a contract with you (Article 6 (1) (b) GDPR); or
  • the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms (Article 6 (1) (f) GDPR).

In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person (Article 6

Similarly, if we collect and use your personal information in reliance on our legitimate interests (or those of any third party), which are not already referred to above, we will make clear to you at the relevant time what those legitimate interests are.

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the “Contact us” heading below.

Retention

Rocscience will only retain your personal information for as long as necessary to fulfill the purposes for which the personal information was collected. However, we may retain your personal information for a longer period with your consent, or when required to comply with our legal, contractual, or regulatory obligations regarding information or record retention.

Your rights

Depending on the country in which you live, you may have the following rights with respect to your personal information. Your exercise of these rights may be subject to certain conditions and exemptions, and not all these rights are available in all jurisdictions.

  • The right to be provided with details about what personal information we hold about you and whether your personal information has been transferred to a third party, and to be provided with a copy of your personal information;
  • The right to require us to update any inaccuracies in the personal information we hold. In order to assist us with this, please keep the relevant information up to date;
  • The right to delete your personal information, for example, if it is not necessary any longer for the purpose for which it was collected;
  • The right to restrict the processing of your personal information;
  • The right to withdraw your consent;
  • The right to stop receiving marketing communication;
  • The right not to be subject to a purely automated decision which may have legal consequences or other material effects on you; and
  • The right to complain about the data processing at a competent supervisory authority (e.g. at your place of residence or work place).

To exercise any of your privacy rights applicable to you, please contact us using the information provided in the “Contact Us” section below.

Cookies

The website uses cookies and trackers. To learn more, including how you can opt-out of internet-based advertising, please consult our Cookie Policy.

Security safeguards

We protect and safeguard your personal information using physical, electronic and procedural measures appropriate to the volume and sensitivity of the information, the purposes for which it is used, and the format in which it is stored, including safeguards to protect your information against loss and theft, as well as unauthorized access, disclosure, copying, use, or modification. Specifically, we have implemented the following measures to protect your personal information, including:

  • internal procedures that define the roles and responsibilities of our employees, representatives, and service providers throughout the life cycle of an item of information and limit your access to that information on a “need-to-know” basis;
  • physical, electronic and procedural safeguards that comply with relevant standards to protect personal information;
  • a designated Privacy Officer; and
  • procedures for receiving, investigating, and responding to complaints or inquiries about our information handling practices.

Contact Us

If you have any questions about this Policy or our processing of your personal information, please contact our Privacy Officer at privacy@rocscience.com or in writing at: Rocscience Inc., 54 Saint Patrick St., Toronto, ON M5T 1V1.

European Economic Area (EEA) Requirements

Legal basis for processing

Rocscience may process personal information relating to individuals if one of the following applies:

  • you have given your consent for one or more specific purposes (Article 6 (1) (a) GDPR).
  • provision of personal information is necessary for the performance of an agreement with you for any pre-contractual obligations thereof (Article 6 (1) (b) GDPR);
  • processing is necessary for compliance with a legal obligation to which you are subject (Article 6 (1) (c) GDPR);
  • processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in you (Article 6 (1) (e) GDPR);
  • processing is necessary for the purposes of the legitimate interests pursued by you or by a third party (Article 6 (1) (f) GDPR).

In any case, Rocscience will gladly help to clarify the specific legal basis that applies to the processing.

Retention

Unless specified otherwise in this Policy, personal information shall be processed and stored for as long as required by the purpose it has been collected for and may be retained for longer due to applicable legal obligations or based on your consent.

For example:

  • personal information collected for purposes related to the performance of a contract between Rocscience and you shall be retained until such contract has been fully performed.
  • personal information collected for the purposes of Rocscience’s legitimate interests shall be retained as long as needed to fulfill such purposes.

Rocscience may be allowed to retain personal information for a longer period whenever you have given consent to such processing, as long as such consent is not withdrawn. Rocscience may be obliged to retain personal information for a longer period whenever required to fulfil a legal obligation or upon order of an authority.

Once the retention period expires, personal information shall be securely deleted. Your right of access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

Rights of individuals based on the General personal information Protection Regulation (GDPR)

You may exercise certain rights regarding your personal information processed by us.

In particular, you have the right to do the following, to the extent permitted by law:

  • Withdraw your consent at any time. You have the right to withdraw consent where you have previously given your consent to the processing of your personal information.
  • Object to processing of your data. You have the right to object to the processing of your personal information if the processing is carried out on a legal basis other than consent.
  • Access your information. You have the right to learn if personal information is being processed by Rocscience, obtain disclosure regarding certain aspects of the processing and obtain a copy of the personal information undergoing processing.
  • Verify and seek rectification. You have the right to verify the accuracy of your personal information and ask for it to be updated or corrected.
  • Restrict the processing of your personal information. You have the right to restrict the processing of your personal information. In this case, Rocscience will not process your personal information for any purpose other than storing it.
  • Have your personal information deleted or otherwise removed. You have the right to obtain the erasure of your personal information from Rocscience.
  • Receive your personal information and have it transferred to another controller. You have the right to receive your personal information in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance.
  • Lodge a complaint. You have the right to bring a claim before your competent data protection authority.

You are also entitled to learn about the legal basis for personal information transfers abroad including to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by Rocscience to safeguard your personal information.

Details about the right to object to processing

Where personal information is processed for a public interest, in the exercise of an official authority vested in Rocscience or for the purposes of the legitimate interests pursued by Rocscience, you may object to such processing by providing a ground related to your particular situation to justify the objection.

You should know, however, that should your personal information be processed for direct marketing purposes, they can object to that processing at any time, free of charge and without providing any justification. Where you object to processing for direct marketing purposes, the personal information will no longer be processed for such purposes. To learn whether Rocscience is processing personal information for direct marketing purposes, please may refer to the relevant sections of this Policy.

How to exercise these rights

Any requests to exercise your rights can be directed to Rocscience through the contact details provided in this Policy. Such requests are free of charge and will be answered by Rocscience as early as possible and always within one month, providing you with the information required by law. Any rectification or erasure of personal information or restriction of processing will be communicated by Rocscience to each recipient, if any, to whom the personal information has been disclosed unless this proves impossible or involves disproportionate effort. At your request, Rocscience will inform you about those recipients.

Further information for persons in Switzerland

This section applies to persons in Switzerland, and, for such persons, supersedes any other possibly divergent or conflicting information contained in the Policy.

Your rights according to the Swiss Federal Act on Personal Information Protection

You may exercise certain rights regarding your personal information within the limits of law, including the following:

  • right of access to personal information;
  • right to object to the processing of your personal information (which also allows you to demand that processing of personal information be restricted, personal information be deleted or destroyed, specific disclosures of personal information to third parties be prohibited);
  • right to receive your personal information and have it transferred to another controller (data portability);
  • right to ask for incorrect personal information to be corrected.

How to exercise these rights

Any requests to exercise your rights can be directed to Rocscience through the contact details provided under “Contact us”. Such requests are free of charge and will be answered by Rocscience as early as possible, providing you with the information required by law.

Further information for persons in Brazil

This section of the Policy integrates with and supplements the information contained in the rest of the Policy and is provided by the entity running www.rocscience.com and its affiliates (for the purposes of this section referred to collectively as “we”, “us”, “our”).
This section applies to all persons in Brazil (“you”, “your”, “yours”), according to the “Lei Geral de Proteção de Dados” (the “LGPD”), and for such persons, it supersedes any other possibly divergent or conflicting information contained in the Policy.
This part of the Policy uses the term “personal information” as it is defined in the LGPD.

The grounds on which we process your personal information

We can process your personal information solely if we have a legal basis for such processing. Legal bases are as follows:

  • your consent to the relevant processing activities;
  • compliance with a legal or regulatory obligation that lies with us;
  • the carrying out of public policies provided in laws or regulations or based on contracts, agreements and similar legal instruments;
  • studies conducted by research entities, preferably carried out on anonymized personal information;
  • the carrying out of a contract and its preliminary procedures, in cases where you are a party to said contract;
  • the exercising of our rights in judicial, administrative or arbitration procedures;
  • protection or physical safety of yourself or a third party;
  • the protection of health – in procedures carried out by health entities or professionals;
  • our legitimate interests, provided that your fundamental rights and liberties do not prevail over such interests; and
  • credit protection.

To find out more about the legal bases, you can contact us at any time using the contact details provided in this Policy under “Contact us”.

Categories of personal information processed

To find out what categories of your personal information are processed, you can read the section titled “Personal information we collect” within this Policy.

Why we process your personal information

To find out why we process your personal information, you can read the sections titled “How we use your personal information” within this Policy.

Your Brazilian privacy rights, how to file a request and our response to your requests

Your Brazilian privacy rights

You have the right to:

  • obtain confirmation of the existence of processing activities on your personal information;
  • access to your personal information;
  • have incomplete, inaccurate or outdated personal information rectified;
  • obtain the anonymization, blocking or elimination of your unnecessary or excessive personal information, or of information that is not being processed in compliance with the LGPD;
  • obtain information on the possibility to provide or deny your consent and the consequences thereof;
  • obtain information about the third parties with whom we share your personal information;
  • obtain, upon your express request, the portability of your personal information (except for anonymized information) to another service or product provider, provided that our commercial and industrial secrets are safeguarded;
  • obtain the deletion of your personal information being processed if the processing was based upon your consent, unless one or more exceptions provided for in art. 16 of the LGPD apply;
  • revoke your consent at any time;
  • lodge a complaint related to your personal information with the ANPD (the National personal information Protection Authority) or with consumer protection bodies;
  • oppose a processing activity in cases where the processing is not carried out in compliance with the provisions of the law;
  • request clear and adequate information regarding the criteria and procedures used for an automated decision; and
  • request the review of decisions made solely on the basis of the automated processing of your personal information, which affect your interests. These include decisions to define your personal, professional, consumer and credit profile, or aspects of your personality.

You will never be discriminated against, or otherwise suffer any sort of detriment, if you exercise your rights.

How to file your request

You can file your express request to exercise your rights free from any charge, at any time, by using the contact details provided in this Policy under “Contact us”, or through your legal representative.

How and when we will respond to your request

We will strive to promptly respond to your requests.
In any case, should it be impossible for us to do so, we’ll make sure to communicate to you the factual or legal reasons that prevent us from immediately, or otherwise ever, complying with your requests. In cases where we are not processing your personal information, we will indicate to you the physical or legal person to whom you should address your requests, if we are in the position to do so.

If you file an access or personal information processing confirmation request, please make sure that you specify whether you’d like your personal information to be delivered in electronic or printed form.
You will also need to let us know whether you want us to answer your request immediately, in which case we will answer in a simplified fashion, or if you need a complete disclosure instead.
In the latter case, we’ll respond within 15 days from the time of your request, providing you with all the information on the origin of your personal information, confirmation on whether or not records exist, any criteria used for the processing and the purposes of the processing, while safeguarding our commercial and industrial secrets.

In the event that you file a rectification, deletion, anonymization or personal information blocking request, we will make sure to immediately communicate your request to other parties with whom we have shared your personal information in order to enable such third parties to also comply with your request — except in cases where such communication is proven impossible or involves disproportionate effort on our side.

Transfer of personal information outside of Brazil permitted by the law

We are allowed to transfer your personal information outside of the Brazilian territory in the following cases:

  • when the transfer is necessary for international legal cooperation between public intelligence, investigation and prosecution bodies, according to the legal means provided by the international law;
  • when the transfer is necessary to protect your life or physical security or those of a third party;
  • when the transfer is authorized by the ANPD;
  • when the transfer results from a commitment undertaken in an international cooperation agreement;
  • when the transfer is necessary for the execution of a public policy or legal attribution of public service;
  • when the transfer is necessary for compliance with a legal or regulatory obligation, the carrying out of a contract or preliminary procedures related to a contract, or the regular exercise of rights in judicial, administrative or arbitration procedures.

Further information for persons in the United States

This part of the Policy integrates with and supplements the information contained in the rest of the Policy and is provided by the business running www.rocscience.com and its affiliates (for the purposes of this section referred to collectively as “we”, “us”, “our”).

The information contained in this section applies to those persons who are residents in the following states: California, Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Nevada, Delaware, Iowa, New Hampshire, New Jersey, Nebraska, Tennessee, Minnesota and Montana.

If you are located in those states, this information supersedes any other possibly divergent or conflicting provisions contained in the Policy.

This part of the Policy uses the term personal information.

Notice at collection

The following notice at collection provides you with timely notice about the categories of personal information collected or disclosed in the past 12 months so that you can exercise meaningful control over our use of that information.

While such categorization of personal information is mainly based on California privacy laws, it can also be helpful for anyone who is not a California resident to get a general idea of what types of personal information are collected.

  • Internet or other electronic network activity information
  • Identifiers
  • Commercial information

ℹ️ You can read the definitions of these concepts inside the “Definitions and legal references section“ of the privacy policy.

To know more about your rights in particular to opt out of certain processing activities you can refer to the “Your privacy rights under US state laws“ section of our Policy.

For more details on the collection of personal information, please read the section “Detailed information on the processing of personal information“ of our Policy.

We won’t process your information for unexpected purposes, or for purposes that are not reasonably necessary to and compatible with the purposes originally disclosed, without your consent.

What are the sources of the personal information we collect?

We collect the above-mentioned categories of personal information, either directly or indirectly, from you when you use www.rocscience.com.

For example, you directly provide your personal information when you submit requests via any forms on www.rocscience.com. You also provide personal information indirectly when you navigate www.rocscience.com, as personal information about you is automatically observed and collected.

Finally, we may collect your personal information from third parties that work with us in connection with the Service or with the functioning of www.rocscience.com and features thereof.

Your privacy rights under US state laws

You may exercise certain rights regarding your personal information. In particular, to the extent permitted by applicable law, you have:

  • the right to access personal information: the right to know. You have the right to request that we confirm whether or not we are processing your personal information. You also have the right to access such personal information;
  • the right to correct inaccurate personal information. You have the right to request that we correct any inaccurate personal information we maintain about you;
  • the right to request the deletion of your personal information. You have the right to request that we delete any of your personal information;
  • the right to obtain a copy of your personal information. We will provide your personal information in a portable and usable format that allows you to transfer data easily to another entity – provided that this is technically feasible;
  • the right to opt out from the Sale of your personal information;  We will not discriminate against you for exercising your privacy rights.
  • the right to non-discrimination.

Additional rights for persons residing in California

In addition to the rights listed above common to all persons in the United States, as a person residing in California, you have

  • The right to opt out of the sharing of your personal information for cross-context behavioral advertising;
  • The right to request to limit our use or disclosure of your sensitive personal information to only that which is necessary to perform the services or provide the goods, as is reasonably expected by an average consumer. Please note that certain exceptions outlined in the law may apply, such as, when the collection and processing of sensitive personal information is necessary to verify or maintain the quality or safety of our services.

Additional rights for Users residing in Virginia, Colorado, Connecticut, Texas, Oregon, Nevada, Delaware, Iowa, New Hampshire, New Jersey, Nebraska, Tennessee, Minnesota and Montana

In addition to the rights listed above common to all persons in the United States, as a person residing in Virginia, Colorado, Connecticut, Texas, Oregon, Nevada, Delaware, Iowa, New Hampshire, New Jersey, Nebraska, Tennessee, Minnesota and Montana you have:

  • The right to opt out of the processing of your personal information for targeted Advertising or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you;
  • The right to freely give, deny or withdraw your consent for the processing of your sensitive personal information. Please note that certain exceptions outlined in the law may apply, such as, but not limited to, when the collection and processing of sensitive personal information is necessary for the provision of a product or service specifically requested by the consumer.

In Minnesota you also have the right to obtain a list of the specific third parties to which the controller has disclosed the consumer’s personal information.

* Note that in some states like Minnesota you have the following specific rights connected to profiling:

  • The right to question the results of the profiling;
  • The right to be informed of the reason that the profiling resulted in the decision; if feasible
  • The right to be informed of what actions the consumer might have taken to secure a different decision and the actions that the consumer might take to secure a different decision in the future;
  • The right to review personal information used in the profiling; and
  • If inaccurate, the right to have the data corrected and the profiling decision reevaluated based on the corrected data.

Additional rights for persons residing in Utah and Iowa

In addition to the rights listed above common to all persons in the United States, as a person residing in Utah and Iowa, you have

  • The right to opt out of the processing of your personal information for targeted advertising;
  • The right to opt out of the processing of your sensitive personal information. Please note that certain exceptions outlined in the law may apply, such as, but not limited to, when the collection and processing of sensitive personal information is necessary for the provision of a product or service specifically requested by the consumer.

How to exercise your privacy rights under US state laws

To exercise the rights described above, you need to submit your request to us by contacting us via the contact details provided in this Policy.

For us to respond to your request, we must know who you are. We will not respond to any request if we are unable to verify your identity and therefore confirm the personal information in our possession relates to you. You are not required to create an account with us to submit your request. We will use any personal information collected from you in connection with the verification of your request solely for verification and shall not further disclose the personal information, retain it longer than necessary for purposes of verification, or use it for unrelated purposes.

If you are an adult, you can make a request on behalf of a child under your parental authority.

How to exercise your rights to opt out

In addition to what is stated above, to exercise your right to opt-out of Sale or Sharing and Targeted Advertising you can also use the privacy choices link provided on www.rocscience.com.

If you want to submit requests to opt out of sale or sharing and targeted advertising activities via a user-enabled global privacy control, such as for example the Global Privacy Control (“GPC“), you are free to do so and we will abide by such request in a frictionless manner.

How and when we are expected to handle your request

We will respond to your request without undue delay, but in all cases within the timeframe required by applicable law. Should we need more time, we will explain to you the reasons why, and how much more time we need.

Should we deny your request, we will explain to you the reasons behind our denial (where envisaged by applicable law you may then contact the relevant authority to submit a complaint).

We do not charge a fee to process or respond to your request unless such request is manifestly unfounded or excessive and in all other cases where it is permitted by the applicable law. In such cases, we may charge a reasonable fee or refuse to act on the request. In either case, we will communicate our choices and explain the reasons behind them.

Additional information about personal information collection and processing

Legal action

Your personal information may be used for legal purposes by Rocscience in court or in the stages leading to possible legal action arising from improper use of www.rocscience.com or the related Services.
You are aware that Rocscience may be required to reveal personal information upon request of public authorities.

Additional information about your personal information

In addition to the information contained in this privacy policy, www.rocscience.com may provide you with additional and contextual information concerning particular services or the collection and processing of personal information upon request.

System logs and maintenance

For operation and maintenance purposes, www.rocscience.com and any third-party services may collect files that record interaction with www.rocscience.com (system logs) or use other personal information (such as the IP address) for this purpose.

Information not contained in this Policy

More details concerning the collection or processing of personal information may be requested from Rocscience at any time. Please see the contact information under “Contact us”.

Changes to this Policy

Rocscience reserves the right to make changes to this Policy at any time by notifying you on this page and possibly within www.rocscience.com or - as far as technically and legally feasible - sending a notice to you via any contact information available to Rocscience . We strongly recommend that you check this page often, referring to the date of the last modification listed at the bottom.

Should the changes affect processing activities performed on the basis of the your consent, Rocscience will, where required, collect a new consent from you.