This Acceptable Use Policy (this “Policy”) describes prohibited uses of the hosted application and infrastructure service as well as other services (the “Service”) offered by ShuttleOps Inc.. This policy supplements and is incorporated into ShuttleOps’ Master Subscription Agreement (“MSA”) (available at https://www.shuttleops.io/legal/msa) and Free-Trial Subscription Agreement (available at https://www.shuttleops.io/legal/free-trial-agreement). This Policy also describes the content, including but not limited to the software, code or other ideas transmitted through the Service (the “Content”) which is permitted in your use of the Service.
If any provision in this Policy conflicts with a term in the MSA or the Free-Trial Agreement, then the applicable provisions of MSA or the Free-Trial Agreement will prevail unless the term in this Policy specifically states that it will prevail.
If you violate this Policy, ShuttleOps may suspend or terminate your use of the Service. ShuttleOps’ right to suspend or terminate your use of the Service applies even if a breach is committed unintentionally or without your authorization, if ShuttleOps believes that suspension or termination is necessary to ensure compliance with laws or to protect the rights, safety, privacy, security or property of ShuttleOps, its customers or third parties.
ShuttleOps may modify this Policy at any time by posting a revised version on its website. By using the Service, you agree to the latest version of this Policy.
Use of Information
You may not use the Service in any manner that would result in an infringement, dilution, misappropriation or other violation of any intellectual property or proprietary rights of others, including but not limited to copyrights and rights arising from patents, trademarks and trade secrets.
You are solely responsible for any Content published or made available by you through the Service. You may not use the Service to transmit, store, display, distribute or otherwise make available Content that is defamatory, libelous, threatening, harassing, abusive, hateful, deceptive, fraudulent, obscene, pornographic, indecent, harmful to minors, or otherwise objectionable, including without limitation Content that constitutes child pornography.
Use of Information
You may not use the Service transmit, store, display, distribute or otherwise make available Content or technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program or data, including without limitation viruses, Trojan horses, bots, worms, scripting exploits, time bombs or other malicious code.
No Framing or Scraping
You may not frame or mirror the Service without ShuttleOps’ express prior written consent. You may not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather any messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other material or data from the Service or reproduce or circumvent the navigational structure or presentation of the Service without ShuttleOps’ express prior written consent. Notwithstanding the foregoing, ShuttleOps grants to the operators of public search engines the permission to use spiders to copy material from the Site for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of such material, but not caches or archives of such material. ShuttleOps reserves the right to revoke these exceptions either generally or in specific cases.
Email and Unsolicited Messages
You may not use the Service to transmit unsolicited email or other messages, including without limitation unsolicited bulk email (“spam”), or email or messages that are excessive and/or intended to harass or annoy others. You may not continue to send email or other messages to a recipient who has indicated that he/she does not wish to receive them. You may not alter or obscure email or message headers or assume a sender’s identity (including without limitation by engaging “spoofing”, “phishing” or similar attacks) without the sender’s explicit permission.
Use of Information
Detect, investigate and prevent fraud and other illegal activities and protect the rights and property of ShuttleOps and others;
Personalize and improve the Services and Platform by providing advertisements, content or features that match user profiles or interests;
Facilitate contests, sweepstakes and promotions and process and deliver entries and rewards;
Link or combine with information we get from others to help understand your needs and provide you with better service; and
Carry out any other purpose described to you at the time the information was collected.
Sharing of Information
With vendors, consultants and other service providers we have vetted and approved who need access to such information to carry out work on our behalf only to the extent necessary for the performance of any contract we enter into with you. This includes companies providing the following services for our Platform: hosting services, authentication services, cyber security and anti-fraud services and advertising;
In response to a request for information if we believe disclosure is permitted by, in accordance with, or required by, any applicable law, regulation or legal process such as to comply with a subpoena or applicable court order;
In connection with, or during negotiations of, any merger, sale of ShuttleOps assets, financing or acquisition of all or a portion of our business by another company;
with analytics and search engine providers that assist us in the improvement and optimization of our Website, subject to our Cookies Policy; and
with your consent or at your direction.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
Lawful Basis For Processing Your Information
We are required to state the lawful basis under which we process the personal data of our users located in the European Union. Accordingly, the lawful bases upon which we process your personal information are as follows:
Where it is necessary to obtain your prior consent to the processing concerned in order for us to be allowed to do it, for instance in relation to direct marketing, we will obtain and rely on your consent in relation to the processing concerned;
Otherwise, we will process your personal data only where the processing is necessary for compliance with a legal obligation to which we are a subject; or
For the purposes of the legitimate interests pursued by us in promoting our business, providing the Platform to our business customers pursuant to our legal agreements with them, and in ensuring the security, accessibility and improvement of our Platform and the development of new technology and services.
The Website may, from time to time, contain links to external sites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites. We are not responsible for the privacy policies or the content of such sites.
Social Sharing Features
Advertising and Analytics Services Provided by Others
Information Collected on Behalf of Customers in providing our Platform
In the case of personal information we handle or receive on behalf of a customer in connection with their access to, and use of, our Platform (“Customer Personal Information”), we have no direct relationship with the customer’s employees or other individuals with whom that customer may interact with respect to the Platform. For clarity, the term Customer Personal Information only applies to information sent to and received by the Service or Platform and that we can, on a commercially reasonable basis and in a reasonable time frame, identify and search for such information if requested by you.
If you are such an employee or individual and are seeking access to, or would like to correct, amend or delete, Customer Personal Information, you should direct your query to the applicable customer. We will respond within a reasonable timeframe to a customer’s request to remove Customer Personal Information. Please note that the foregoing will not limit EU individuals from making certain requests relating to their personal data as provided in Your Rights below.
We will not use Customer Personal Information except for the purpose of providing and supporting the Services for the applicable customer. Customer Personal Information will be retained for as long as needed for that purpose and as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. Notwithstanding anything contained herein, we acknowledge and agree that Customer Data that you send to the Service may include some Customer Personal Information, provided, however, that you shall not include in Customer Personal Information any of the special categories of personal data prohibited by Article 9 of the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”).
We take reasonable steps, including physical, technical and organisational measures, to protect your personal information from unauthorised access and against unlawful processing, accidental loss, destruction and damage. Unfortunately, transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information submitted to us.
Your personal information will be retained by ShuttleOps for the duration of your account and may be retained for a period after this time as necessary and relevant to our legitimate interests, our terms of agreement with you and in accordance with applicable legal obligations. This may include retention necessary to meet our tax reporting requirements as well as time required to enforce the relevant terms of agreement or to identify, issue or resolve legal proceedings.
We may retain a record of your stated objection to the processing of your data, including in respect of an objection to receiving marketing communications, for the sole legitimate purpose of ensuring that we can continue to respect your wishes and not contact you further, during the term of your objection.
Transfer of Information to the U.S. and Other Countries
ShuttleOps is based in Canada. By accessing or using the Services or otherwise providing information to us, you understand that your information will be subject to processing, transfer and storage in and to both Canada and the United States, where you may not have the same rights and protections as you do under local law.
Without limiting the above, ShuttleOps adheres to the Principle of Accountability for Onward Transfer. As noted above, we may transfer personal information (including EU Data) to our vendors, consultants and other service providers who need access to such EU Data to carry out work on our behalf. This personal data may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”) or such jurisdiction where you initially provided such personal data, that may not be subject to equivalent data protection law.
Please direct any inquiries or complaints regarding our compliance with the Principles to the point of contact listed in the Contact Us section below.
EU individuals have rights in relation to their personal data which is processed by ShuttleOps. If you are an EU data subject, you may, by emailing us at email@example.com.
Request access to the personal data concerned.
Request that any incorrect personal data about you that we are processing be rectified.
Request that we erase the personal data concerned.
Withdraw your consent at any time where we are processing personal data relating to you on the basis of your prior consent to that processing, after which we shall stop the processing concerned.
Lodge a formal complaint with the Information Commissioner in Ireland (or your local EU supervisory authority if you live outside the UK) if you have a complaint about any processing of your personal data being conducted by us.
If the requested EU Data is Customer Personal Information, please include the name of the applicable customer in your request; we will refer the request to that customer to respond directly to you and will support them as needed to respond to your request.
Our customers may access, update or change personal information they have provided by logging into the Services or emailing us at firstname.lastname@example.org.
Subject to the terms of their agreements with us, Customers may deactivate their accounts by emailing us at email@example.com, but note that we may retain certain personal information as necessary to comply with our legal obligations or for legitimate business purposes, such as to resolve disputes or enforce our agreements. We may also retain cached or archived copies of personal information for a certain period of time.
If you are an individual with whom one of our customers interacts with respect to the Services (e.g., an employee of a customer), as noted above, you should direct any requests regarding access, modification or deletion of personal information to the applicable customer.
You may opt out of receiving promotional emails from ShuttleOps by following the instructions in those emails or by emailing firstname.lastname@example.org. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
ShuttleOps, Inc., 2630 Bristol Circle, Unit 100, Oakville, ON L6H 6Z7; Email: