Nectar Technologies Inc. Privacy Policy

Effective Date: 10/10/2024

Introduction

Nectar Technologies Inc. ("Nectar," "we," or "us") operates the Nectar Platform (web and mobile), which allows our clients (“Client” or “you”) to manage and track data for beekeeping operations. This Privacy Policy outlines how we collect, use, and protect your personal and operational data when you use our services. By accessing the Nectar Platform, you consent to the collection and use of your information as described in this policy.

1. Information We Collect

We collect various types of information to provide and improve our services:

a. Personal Information

  • When you create an account, we collect personal data such as your name, email address, company name, and payment details.

b. Hive and Operational Data (User-Generated Data)

  • The data generated through the use of the Nectar Platform—such as hive locations, hive activity, and related operational data—remains the property of the Client. By using the Nectar Platform, you grant us a non-exclusive, royalty-free, perpetual, worldwide license to use, store, aggregate, analyze, and sell anonymized and aggregated data in the form of reports, research, and any other mediums we deem appropriate. This aggregated data will not be personally identifiable or linked to specific clients.

c. Usage Data

  • We may collect information about how you access and use the Nectar Platform. This includes IP addresses, device type, browser type, and platform usage logs.

d. Cookies and Tracking Technologies

  • Nectar uses cookies and similar technologies to enhance your experience, track platform performance, and analyze user interactions. You can control cookie settings via your browser.

2. How We Use Your Information

Nectar uses the data we collect for the following purposes:

a. Service Provision and Improvements

  • We use both personal and operational data to manage your account, provide platform access, and improve the platform's functionality.

b. Aggregate and Anonymized Data

  • We may aggregate and anonymize hive-related data to generate insights, conduct research, benchmark performance, and develop new features. This anonymized data may be sold or otherwise distributed in reports, research, publications, or other mediums we deem appropriate. Because this data is anonymized and cannot be used to identify individual clients, no further consent from the Client is required for the sale or distribution of this data.

c. Marketing Communications

  • With your consent, we may use your contact details to send you promotional content or updates about the platform. You can opt out of marketing communications at any time.

d. Compliance with Laws

  • We may use your data to comply with legal obligations, such as tax and reporting requirements, or respond to legal requests.

3. Data Ownership and Licensing

While the Client retains ownership of the raw data generated through the use of the Nectar Platform, the Client grants Nectar a non-exclusive, royalty-free, perpetual, worldwide license to use, store, aggregate, analyze, and sell anonymized and aggregated data. This data may be sold or shared for purposes such as research, publishing, product development, and benchmarking. The sale or distribution of anonymized and aggregated data does not require additional consent from the Client, as it cannot be used to identify individual clients or users.

No Sharing of Identifiable Data
Nectar will not share or sell identifiable client data with third parties without the prior consent of the Client. Only aggregated and anonymized data may be shared for purposes such as research, publishing, product development, and benchmarking.

4. Sharing Your Information

Nectar only shares data in specific circumstances:

a. With Service Providers

  • We may share your information with trusted third-party service providers (e.g., hosting, payment processors) necessary to operate the Nectar Platform. These providers are required to keep your data confidential and comply with privacy laws.

b. Legal Compliance

  • We may disclose your data when required by law or to comply with legal processes.

c. With Client Consent

  • In situations where identifiable data is shared with third parties, we will obtain explicit consent from you, the Client.

4. Information Security

Nectar uses robust physical, electronic, technological and organizational security measures to maintain data accuracy and to protect the security and privacy of Business Information from loss, theft or unauthorized access, disclosure, copying, use or modification. Please note, however, that while we try to create and maintain secure and reliable websites for Users, the confidentiality of any communication or material transmitted to or from the website or via e-mail cannot be guaranteed. In particular:

  • We encrypt many of our web services using Secure Sockets Layer (SSL). You can see that you are accessing a secure server by observing the left extremity of your browser’s URL bar. SSL encrypted web pages should display a web address beginning with “https” rather than “http”. Most popular browsers will also display a padlock icon next to secure web addresses.

  • We host our websites and web applications in secure server environments that employ firewalls, intrusion detection systems and other advanced technology to prevent interference or access from outside intruders.

  • We restrict access to User Data to Nectar employees, contractors and agents who need to know that information in order to process it for the Corporation. These employees, contractors and agents are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

  • We implement advanced security methods based on dynamic data and encoded session identifications.

  • We ensure that the Business Information linked to each User and stored on our platform is anonymized by separating any personal information from the Business Information.

5. Personal Data Retention

We retain your personal data only as long as necessary to provide the services outlined in this Privacy Policy. Afterward, we securely delete or anonymize this personal data unless longer retention is required by law.

6. Data Security and Data Loss

Nectar is committed to maintaining the confidentiality, integrity, and security of all data uploaded to the Platform. We, or our third-party partners, implement industry-standard security measures to safeguard data from unauthorized access, disclosure, or loss, including, but not limited to:

  • Encryption: Data transmitted to and from the Platform is encrypted using secure protocols.

  • Access Controls: Access to the Platform and its data is restricted to authorized personnel only, using secure authentication and authorization mechanisms.

  • Data Integrity: Regular monitoring and security audits are conducted to ensure data integrity and to detect any unauthorized activities.

  • Backups: The Company maintains regular backups of the data stored on the Platform to mitigate the risk of permanent data loss. In the event of a system failure, we will make reasonable efforts to restore lost data from these backups.

Despite these safeguards, Nectar cannot guarantee the absolute security of data. The Client is responsible for maintaining independent backups of any critical data uploaded to the Platform, particularly for business continuity purposes.

Data Loss

In the event of data loss due to system failures, cyberattacks, unauthorized access, or other disruptions beyond the control of Nectar, the Client acknowledges and agrees to the following:

  • The Company shall not be liable for any direct or indirect damages arising from the loss, corruption, or unavailability of data.

  • The Company will use commercially reasonable efforts to restore data to the most recent backup available within the Platform.

  • In cases where data cannot be recovered, the Company's liability shall be limited to the restoration of services and any SaaS fees paid by the Client in the 12 months preceding the data loss event, as outlined in the Company’s Limitation of Liability policy.

Client Responsibilities

The Client is responsible for ensuring that:

  • Any data uploaded to the Platform is accurate, complete, and up to date.

  • The Client maintains separate, independent backups of critical data outside of the Platform.

  • The Client complies with all applicable data protection regulations, including the proper handling of personal data before it is uploaded to the Platform.

  • The client is responsible for maintaining the confidentiality of its account credentials.

7. Disclosure to Third Parties

Nectar business partners, which facilitate the provision of any service (such as by providing assistance with respect to the maintenance and development of our platform), may have a limited access to users’ Business Information in order to provide us with the agreed services. Such business partners will be contractually bound to comply with all the terms and conditions set forth in this policy and to take all the necessary measures required to guarantee the safety and the confidentiality of such Business Information. Besides, we may communicate aggregated, anonymized Business Information: (i) for insurability; (ii) for industry reporting purposes; and (iii) for legal compliance purposes and (iv) for other commercial purposes, all in accordance with the terms and conditions of the agreements concluded with the business partners that requested access to such Business Information as well as the applicable laws and regulations.

If Nectar is to be sold, merged or amalgamated or substantially all of its assets are to be sold or disposed of, User Data may be transferred to a potential purchaser if, and to the extent necessary, it is required for the purposes of deciding whether to proceed with the proposed transaction and completing it. If such a sale, merger, acquisition or disposal is completed, the purchaser may use and disclose User Data only to the extent described in this Privacy Policy if the information relates solely to the carrying on of the business or activity or the carrying out of the objects for which the sale, merger or acquisition took place.

8. Your Rights

a. Access and Rectification

  • You have the right to access your personal data and request corrections if needed.

b. Data Portability

Upon the Client’s written request, the Company will provide a copy of the Client’s data in a structured, commonly used, and machine-readable format, subject to the following conditions:

  • Best Efforts: The Company will use commercially reasonable efforts to fulfill the request within a reasonable time frame. However, the Client acknowledges that the processing of such requests will depend on the complexity and volume of the data, as well as the Company’s operational capacity at the time of the request.

  • No Disruption to Operations: The Company will ensure that the process of exporting data does not unduly disrupt or hinder the normal operations of the Platform. In cases where the fulfillment of the data portability request would significantly impact the Company's services or cause operational difficulties, the Company reserves the right to extend the time frame for data provision or suggest alternative methods.

  • Costs: If the data request requires significant resources, labor, or third-party involvement beyond the standard data export process, the Company reserves the right to charge the Client a reasonable fee to cover the associated costs. The Company will notify the Client of any such charges in advance, and the data will only be provided once any applicable fees have been paid.

  • Limitations: The Company will provide the data in its existing format and structure. The Client is responsible for ensuring that the requested data format is suitable for their intended use. The Company is not liable for any incompatibility with third-party systems or software.

c. Opt-out of Marketing

  • You can opt out of receiving marketing communications by adjusting your preferences or contacting us directly.

9. International Data Transfers

Your data may be transferred and processed in Canada, and in countries outside of Canada, including the United States. We ensure that such transfers comply with applicable privacy laws, such as using Standard Contractual Clauses or ensuring that third-party service providers comply with the relevant data protection frameworks.

10. Children’s Privacy

The Nectar Platform is not intended for users under the age of 13, and we do not knowingly collect personal information from children. If we learn that we have collected such information, we will take steps to delete it promptly.

11. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. Significant changes will be communicated via email or through the platform, and the revised version will be posted on our website.

12. Compliance with Applicable Privacy Laws

This Privacy Policy shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, without regard to its conflict of law provisions. The Client agrees that any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of Quebec, Canada.

Nectar acknowledges that the Client may be subject to additional data protection regulations, including but not limited to the :

  • Personal Information Protection and Electronic Documents Act (PIPEDA) for Canada,

  • Quebec Privacy Laws governing the collection and use of personal data,

  • California Consumer Privacy Act (CCPA) for U.S. clients, including specific provisions for California residents,

Nectar agrees to comply with these regulations where applicable. In the event of a conflict between this Agreement and any mandatory local laws, such local laws shall prevail.

13. Language of the Policy

Where Nectar has provided you with a translation of the English language version of our Privacy Policy, then you agree that the translation is provided for your convenience only and that the English language version of the Privacy Policy will govern your relationship with Nectar.

If there is any contradiction between what the English language version of the Privacy Policy says and what a translation says, then the English language version shall take precedence.

14. Contact Information

If you have any questions or concerns regarding this Privacy Policy or your data, please contact us at:

Nectar Technologies Inc.
Email: support@nectar.buzz