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Privacy Policy

Last Modified: October 15, 2020

This Privacy Policy (“Policy”) of  DynaScape Software, Inc. (“DynaScape,” “our,” “we” or “us”), which will always be at https://www.dynascape.com/privacy-policy/ is intended to help you understand our privacy practices and how we collect, use, disclose and process your personal information. We also describe your rights and choices with respect to how we process your personal information. This Policy applies to www.dynascape.com and www.dynascapemanage.com (including all sub-domains, the “Sites”), which are owned and operated by DynaScape as well as the use of the DynaScape Manage360 web-based landscaping business management application (the “Web App”), any mobile device application created by DynaScape (“Mobile App(s)”), the online DynaScape account management platform (“Online Account”), and licensed on-premises installed versions of DynaScape landscape design software (the “Software”).  Services provided via the Web App, Mobile Apps, Online Account, and the Software may be collectively referred to as our “Services.”  This Privacy Policy does not apply to information collected by us offline or through any other means or to any data stored as part of a DynaScape customer’s on-premises Software installation. DynaScape has a “data controller” or direct relationship with all individuals accessing the Sites or Services or submitting personal information via the Sites or Services for any reason.

Acceptance

Any entity accessing the Sites or Services (“you”) represents and warrants that you accept the data practices and terms described in this Policy, and as applicable in our Terms of Service and License Agreement. If you do not agree with this Policy, please discontinue your use of the Sites and Services immediately.

Changes to this Policy

We may revise this Policy from time to time and without prior notice to you. Except as otherwise noted in this Policy, such changes may apply to any personal information we already hold about you or personal information collected after the Policy is modified. Changes will be posted on this page and are effective as of the “Last Modified” date at the top of this Policy. Please visit this page regularly so that you are aware of our latest updates. Continuing to access or use the Sites or Services after any changes become effective indicates your acceptance of the revised Policy.

In addition, we may provide you with “just-in-time” disclosures or additional information about the data processing practices of specific parts of our Sites or Services. Such notices may supplement this Policy or provide you with additional choices about how we process your personal information.

Third Parties

This Policy does not apply to information processed by third parties, for example, when you integrate third-party services with our Services, when you visit a third party website or interact with third party services including those you may access by following a link from the Sites or from an email sent to you by DynaScape, or those with whom we may share information as set forth in this Policy. You acknowledge that your use and access to any third-party services in conjunction with DynaScape Services or based on a DynaScape referral is solely at your own risk. Please review any third parties’ privacy policies before disclosing information to them.

Personal Information

“Personal Data” means any information about an identified or identifiable individual and any device information that may be linked with an identifiable individual. We collect and process the following types of information. Note: Specific Personal Data elements listed in example are provided for example only and may change. We may create anonymous records from Personal Data for certain business purposes of DynaScape, our Clients and our Affiliates as defined below. Any information that is anonymized or aggregated is no longer Personal Data and we may indefinitely use it, share it and retain it for any reason.

Contact Data: Personal Data about you used to contact you. For example: your name, company name, title, email address, physical address, phone number, username.

License Data: Personal Data related to your Software license. For example: your name, company name, email address, Software components purchased, license number and workstation IP address.

Profile Data”: Personal Data related to a Web App user account, an Online Account, a Mobile App account or other user account on our Services. For example: business name, phone number, e-mail address, website, physical address basic business and industry information, job title, crew assignment, username, password.

Crew Data”: Personal Data related to a crewmember or other employee that is utilized for scheduling, job tracking, performance reviews, and other business management functions. For example: name, position/job title, clock-in/out time, geolocation, work hours, phone number, e-mail address, physical home address, emergency contacts, and other job-related information.

NOTE: By entering Crew Data in the Services, where the individual does not have a user account providing access to the Services,  you understand that DynaScape is acting as a data processor providing services to you, and you represent and warrant that you have the requisite authority to provide such Personal Data to us, and that the disclosure does not violate any applicable law or regulation including The Personal Information Protection and Electronic Documents Act (PIPEDA), any Canadian provincial privacy regulations, any Canadian provincial personal health information laws, the United States the Health Insurance Portability and Accountability Act (HIPAA), and the California Consumer Privacy Act of 2018 (CCPA).

Customer Data: Customer lists, prospect lists, contact information, billing information, project details, estimates, and any other information related to your customers that we store on your behalf as part of our utilization of the Services. For example: customer name, customer phone number, customer postal address, customer email address, contract terms, invoices, billing information, jobsite details, custom images, estimate prices, material contracts, pricing markups, and other customer sales and service-related information.

NOTE: By entering the Personal Data of any person into our systems via the Services, you understand that DynaScape is acting as a data processor providing services to you, and you represent and warrant that you have the requisite authority to provide such Personal Information to us, and that the disclosure of this information and your use of the Services with relation to this information, does not violate any applicable law or regulation including the Payment Card Industry Data Security Standard (PCI DSS), the Personal Information Protection and Electronic Documents Act (PIPEDA), Canada’s Anti-Spam Legislation (CASL), the U.S. CAN-SPAM Act of 2003, and the California Consumer Privacy Act of 2018 (CCPA).

 Billing Data: When you subscribe to our Services, when you license our Software, when you enroll for a training course, or when you incur additional fees as part of utilizing the Services, we collect information about your or your business’ payment methods, such as credit or debit card numbers, bank account numbers, and billing address.

“Survey Data”: We may occasionally ask you to complete optional online surveys. These surveys may ask for contact information, industry information, opinions, and demographic information (like zip code, age or income level).

“Device Data”: When you download and use a Mobile App we may collect certain information automatically, such as the type of mobile device you use, your unique device ID, the IP address of your mobile device, your mobile phone number, your mobile operating system, the type of mobile internet browsers you use, geolocation information and information about the way you use the Mobile App.

Performance & Log Data: Information created by your use of our Sites and Services. For example: Software error logs, Software license verification data, your IP address, browser type, operating system, command line information, diagnostic information related to the Sites (i.e. crash activity reports), the referring webpage, pages visited, date, your geo-location, your mobile carrier, your device and application IDs and search terms. Note that Depending on the law of your country of residence, your IP address may legally be considered personally identifiable information.

Cookies: A cookie is a small amount of data generated by a website and saved by your web browser. Its purpose is to remember information about you, similar to a preference file created by a software application. In some cases, Cookies and similar automated data collection technologies may be used to collect personal information, or information that becomes personal information if we combine it with other information.

Other Data: Any other information that an individual provides to us. For example: demo requests, support requests, chat content, or any other communication submitted to DynaScape.

Collection and Processing

We collect your Personal Data through our Sites and Services. Personal Information uploaded or entered via our Services is not publicly accessible nor is Personal Data entered in any Demo Request form, Contact form, or Support request form on our Sites. Our Sites themselves are public, any information that is published on our Sites may appear on search engines, or other publicly available platforms and may be “crawled,” searched and used by unaffiliated third parties.

Providing the Services: We process your Personal Data when you sign up for and use our Services. For example, we use your Contact Data, License Data, Profile Data and company data to configure your account and your user credentials, and to communicate with you as it relates to your use of the Services.  We use your Crew Data to enable you to manage your workforce via the Services.  We use your Customer Data to enable you to utilize the Services to manage customer relationships, projects, and service contracts, issue quotes and invoices, dispatch crew to customer sites, and otherwise utilize the Services for managing a landscape services business. We may share this Contact Data, License Data, Profile Data, Crew Data and Customer Data with our service providers and partners to the extent necessary to provide you with the Services.

Payment Processing: We use Billing Data to collect subscription, license, training course and other usage fees associated with the Services as applicable. We use vaulted credit card and bank account numbers to process authorized one-time transactions and to automatically process payments as part of recurring subscription payment schedules.

Customer Service: When you contact us through the Sites or Services, including submitting a “contact us” or other online inquiry form, subscribing to the Services, registering for a training session, submitting a technical support ticket, engaging in an online Chat, contacting the customer support team, subscribing to a newsletter or blog, entering a contest, registering for a demo or webinar, completing an online survey or any other means, we may record your Contact Data in our customer relationship management system and use your Personal Data to respond to you. If you provide a mobile phone number to us, you are explicitly granting us permission to send text messages to that number to respond to your request and to contact you at that number via an auto-dialer, which we may do at our discretion.

Software Updates: When you install a licensed version of DynaScape Software we use your Personal Data to enable license validation and enable you to obtain updates and to enable us to provide you with necessary installation, integration, and troubleshooting support.

Marketing: We may use your Personal Data to keep you updated about our products and services and send you promotional material about DynaScape and as permitted by applicable law, on behalf of our parent company, affiliates, subsidiaries, joint ventures, or other companies under common control with us (collectively, “Affiliates”) and partner companies. Promotional materials may include marketing communications, online surveys, notifications regarding our events and webinars and those of our Affiliates and partners. Visitors submitting Personal Data via publicly available forms on the Sites will always have the opportunity to opt-in or opt-out of marketing communications. If you provide a mobile phone number to us, you are explicitly granting us permission to send text messages, recorded messages, and/or use an auto-dialer to contact you regarding your inquiry and to use that number for marketing and promotional purposes for which you have opted-in, which we may do at our discretion. You may opt-out of our marketing communications at any time.

Site Experience: We may use Survey Data, Profile Data, Crew Data, Device Data, and Performance & Log Data to tailor your experience on the Sites and Services, provide content that we think might be of interest, and to display content according to your stated preferences.

Cookies & Similar Tech: When you access the Sites or Services or open one of our HTML emails, we may automatically record Performance & Log Data and Device Data, set Cookies, or use web beacons, pixel tags, click-stream tracking and similar automated data collection technologies. We use this Personal Data for essential and functional purposes including for site administration, to improve the performance and usability of the Sites and Services, and to analyze how users interact with the Sites and Services. On certain portions of our Sites and Services, we may collect Personal Data through these technologies for advertising, remarketing or other similar purposes.

Security: We process your Personal Data to enhance the security of our Sites and Services and to combat spam, malware or other security risks. This may include monitoring your activities on our Sites and Services. Without processing your Personal Data for such purposes, we may not be able to ensure the security of our Sites and Services.

Additional Processing: If we process Personal Data in connection with your use of the Sites or Services in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to Your Rights and Choices) unless otherwise stated when you provide it.

Sharing

Information we collect may be shared with a variety of parties depending upon the purpose for and context in which that information was provided. In all cases where we share Personal Data with third parties, we will use a “minimum necessary” standard to disclose only that information is strictly necessary for satisfying the purpose of or performing the service for which the information is disclosed. We generally transfer Personal Data as follows:

Consent: We will share your Personal Data in accordance with your consent for us to do so.

Service Providers: In connection with our general business operations, to enable certain features, and in connection with our other legitimate business interests, we may share your Personal Data with service providers or sub-processors who provide certain services or process data on our behalf. Our contracts with these service providers dictate that they only use your information in connection with the services they perform for us and you consent to our sharing of information with these parties by using our Sites or Services subject to this Policy.

Integrated Partners: You may choose to make use of third-party software and services in conjunction with our Services and/or to integrate these services directly into your DynaScape Services. This integration may include granting third party applications access privileges to your DynaScape Services and/or transmitting Personal Data from your DynaScape Services account to a third-party service.  In such cases, by enabling an integration with a third party you are explicitly authorizing DynaScape to transmit any Personal Data required by the integration, and you understand that DynaScape does not control the policies or procedures of these Integrated Partners even though integrations with them are available through our Service.  

Affiliates: In order to streamline certain business operations, develop products and services that better meet the interests and needs of our customers, and inform our customers about relevant products and services, we may share your Personal Data with any of our current or future Affiliates. You hereby provide explicit consent to our sharing some or all of your information and Personal Data with our Affiliates.

Third-Party Partners: DynaScape works with third parties for joint marketing purposes (collectively “Third-Party Partners”) When you complete an online inquiry form to which you were referred by a Third-Party Partner, any information collected through the DynaScape hosted online inquiry form may be shared with the referring third party. We may share your Personal Data with Third Party Partners for marketing or advertising purposes with your explicit permission or as otherwise permitted by law. For example, when you sign up for a webinar co-hosted by us and a Third-Party Partner, we may share your Personal Data with the Third-Party Partner; or we may send you a promotional offer co-sponsored by a Third Party Partner and share your Personal Information with that Third-Party Partner if you respond to the offer.  Third-Party Partners may use your Personal Data for their own purposes subject to their own privacy policies. Visitors submitting Personal Data via publicly available forms on the Sites will always have the opportunity to opt-in or opt-out of marketing communications from third parties.

Business Transactions: Your Personal Data may be processed in the event of a business transaction, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction or may part of the assets transferred, in such case the acquiring company will possess any rights granted to us under this Policy.

Legal Disclosures: In limited circumstances, we may without notice to you or your consent, access and disclose your Personal Data any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Service, or in the vital interests of us or any person. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.

Retention

We retain Personal Data for so long as necessary to service the purpose(s) for which your Personal Data was processed and for a reasonable time thereafter, or as necessary to comply with our legal obligations, to resolve disputes or enforce our agreements. While retention requirements can vary by jurisdiction, we generally apply the retention periods noted below:

Services Usage: We will retain Personal Data for as long as you remain an active user of our Services and for a reasonable time thereafter, to serve the purpose(s) for which your Personal Data was processed. We will store Contact Data, License Data, and Profile Data for as long as you remain an active user of our Services or until you delete it from the Services. We may store any information about your activity on Services, Survey Data or any Other Data created, posted or shared by you while using our Services for as long as we deem it necessary or until you provide specific instructions to delete it, which may be indefinitely, or where a valid business reason exists for such storage such as maintaining the integrity of our systems and logs or for the establishment or defense of legal claims, audit and crime prevention purposes.

Customer Data and Crew Data: We may store Customer Data and Crew Data for as long as a valid business reason exists, which may be indefinitely, or until you instruct us to delete it.

Billing: Our third-party service providers will store any Billing Data you provide to us for as long as you remain an active user of our Services and for a reasonable time thereafter. These service providers are contractually required to maintain compliance with the PCI DSS for storage, processing, and transmission of cardholder data and to adhere to all NACHA rules for ACH payment processing.

Site Activity and Device Data: We may store any information about your activity on our Sites and Services, Device Data from your usage of our Mobile Apps, or any Other Data created, posted or shared by you on our Sites and Services for as long as we deem it necessary or until you provide specific instructions to delete it, which may be indefinitely, or where a valid business reason exists for such storage such as maintaining the integrity of our systems and logs or for the establishment or defense of legal claims, audit and crime prevention purposes.

Marketing: We store information used for marketing purposes indefinitely until you unsubscribe or request that it be deleted. When you unsubscribe from marketing communications, we add your contact information to our suppression list to ensure we respect your unsubscribe request.

Cookie Data: We retain any information collected via cookies, clear gifs, flash cookies, webpage counters and other technical or analytics tools up to one year from the expiry of the cookie or date of collection. Cookies owned by third parties may have other retention periods.

Call Recording: As required by applicable law, we will inform you that a call will be recorded before doing so. Any recorded telephone calls with you may be retained for a period of up to six years.

Your Rights and Choices

Rights: Anyone with whom DynaScape has a data controller relationship has the following rights in relation to your Personal Data, in each case to the extent required/permitted under applicable law, and subject to our rights to limit or deny access or disclosure under applicable law. Where DynaScape is acting only as a data processor, DynaScape is not able to fulfill consumer requests to exercise these rights so these requests must be directed to the applicable DynaScape customers. Additionally, DynaScape cannot fulfill or address any requests related to data stored in an on-premises DynaScape Software installation.

Access: You may request a list of your Personal Data that we process by submitting an official request in writing via email to address provided below.

Rectification: You may correct any Personal Data that we hold about you by emailing us at the address provided below and indicating both the inaccurate and corrected information. You may also login to your DynaScape user account and modify your Personal Data.

Erasure: You may request that we delete your Personal Data from our systems once per year by making an official request in writing via email to the address provided below and indicating the specific information you would like permanently deleted from our systems. You may also login to your DynaScape user account, if applicable, and delete Customer Data or Crew Data. All users may delete any Personal Data accessible via a Web App, Online Account, or Mobile App, however to ensure that Personal Data is completely removed from our systems, you must submit an official request in writing as using a system delete function may merely restrict viewing that data from any system interface and prevent utilizing that data for any system function.

Data Export: You may request a copy of your Personal Data in a common portable format of our choice by submitting an official request in writing via email to the address provided below.

We may require that you provide additional Personal Data to exercise these rights, e.g. information necessary to prove your identity. We also reserve the right to retain certain account information for our recordkeeping or compliance purposes.

Choices: It is possible for you to access and use the Sites without providing any Personal Data, but you may not be able to access certain features or view certain content and some portions of the Sites may not function properly. You must provide Personal Data in order to utilize the Services. You have the following choices regarding Personal Data we process:

Consent: If you consent to processing you may withdraw your consent at any time to the extent required by law.

Cancellation: You may cancel your DynaScape Services account by contacting us using the contact information provided below.

Opt-Out: You may opt-out of all information collection from your mobile device by uninstalling the Mobile App. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

You may opt-out of receiving marketing communications from us by following the opt-out instructions included in such communications. Any communications from us that are not service-related or transactional in nature will offer you an “unsubscribe” option. To the extent required by law, you may choose to opt-out of sharing Personal Data with third parties.

Cookies: If you do not want information collected through the use of cookies or similar technologies, you can manage/deny cookies (and certain technologies) using your browser’s settings menu or by using a variety of tools.

  • You can visit the Google Ads Settings page here.
  • You can use the Google Analytics Opt Out Browser add on.
  • Digital Advertising Alliance’s opt-out page here allows you to opt out from receiving third party advertiser cookies.
  • You can visit the Network Advertising Initiative opt-out page here.
  • You can control Facebook’s use of interest-based ads through your Facebook account settings or can visit the customer support page here.
  • To learn more about cookies and similar tracking technologies, and how they can affect your privacy, visit allaboutcookies.org.

As there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

CALIFORNIA PRIVACY RIGHTS:

This section only applies to users of our Sites and Services that are residents of the State of California at the time of data collection and are in addition to the rights set forth above. California residents have certain additional rights subject to the California Consumer Privacy Act of 2018 (“CCPA”). Where DynaScape is acting only as a data processor, DynaScape is not able to fulfill or address California consumer requests to exercise these rights so these requests must be directed to the applicable DynaScape Client(s). Additionally, DynaScape cannot fulfill or address any requests related to data stored by a Client in an on-premises DynaScape Software installation.

Consumer information collected through the Sites is collected for our use, and consumer information entered via the Services is collected for our customers’ use and is not transferred to any third party for valuable consideration. However, if you are a California resident, you may send us specific instructions not to sell your personal information now or in the future. Such requests can be made via phone, email or in writing to the contact information provided below.

Access: You may request a list of your Personal Data that we process by submitting an official request in writing via email to address provided below.

Rectification: You may correct any Personal Data that we hold about you by emailing us at the address provided below and indicating both the inaccurate and corrected information. You may also make changes to Personal Data by logging into your DynaScape Services account.

Erasure: You may request that we delete your Personal Data from our systems that: is no longer necessary in relation to the purposes for which it was collected or otherwise processed; was collected in relation to processing that you previously consented to but later withdrew such consent; or was collected in relation to processing activities to which you object and there are no overriding legitimate grounds for our processing.

Data Export: You may request a copy of your Personal Data in a common portable format of our choice by submitting an official request in writing via email to the address provided below.

Third Parties: California law provides you have the right to receive the following information: the categories of information we disclosed to third parties for the third parties’ direct marketing purposes during the preceding calendar year; and the names and addresses of third parties that received such information or, if the nature of their business cannot be determined from the name, examples of the products or services marketed. You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. You may make this request by emailing us at the address provided below.
California residents have the right to exercise the privacy rights in this section twice within any 12-month period under the CCPA by contacting DynaScape at the contact information provided below. California residents may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. Any request subject to CCPA is subject to an identification and residency verification process. We will not fulfill any CCPA request unless we have received sufficient information for us to verify the requestor is properly authorized to make such request and the request provides sufficient detail for us to properly understand, evaluate and respond.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA: we will not deny you goods or services; charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; provide you a different level or quality of good or services; or suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

SECURITY:

We have implemented reasonable security measures designed to secure your Personal Data from accidental loss, unauthorized access, use, alteration and disclosure, however we do not provide any guarantee that your Personal Data will remain secure. We are not responsible for circumvention of any privacy settings or security measures contained on the Sites or Services. All information you provide to us is stored on our service providers’ servers which utilize industry standard security controls and maintain Payment Card Industry (PCI) Compliance where applicable; however, we do not have control over and will not be liable for third parties’ security processes. Any transmission of information or Personal Data is at your own risk.

MINORS:

Our Sites and Services are neither directed at nor intended for direct use by individuals under the age of 18 or the age of majority in the jurisdiction where they reside. Further we do not intentionally gather information about such individuals. If we learn that we have inadvertently done so, we will promptly delete it. Do not access or use the Sites if you are not the age of majority in your jurisdiction unless you have the consent of your parent or guardian.

INTERNATIONAL TRANSFERS:

DynaScape operates in Canada and our servers are located in the United States. The measures we take to protect your Personal Data are subject to legal requirements in both countries. Our Sites may be accessed from anywhere, and users outside of our target United States and Canadian markets may submit their Personal Data to us via forms, comment fields, or other input mechanisms. If you are accessing the Sites or Services from outside the United States, or submitting your Personal Data to us from outside the United States, your Personal Data may be transferred to, stored, or processed in the United States and maintained on computers or servers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective those in your jurisdiction. By accessing our Sites and Services, you understand and consent to the transfer of your information to the United States and to those third parties with whom we share it as described in this Policy, whether or not we can currently serve your jurisdiction.

CONTACT INFORMATION:

DynaScape Software
104-2660 Sherwood Heights Dr.
Oakville, Ontario L6J 7Y8
Canada

support@dynascape.com