Privacy Policy

  1. Overview

This Deep North, Inc. Corporate Privacy Policy (“Privacy Policy”) applies to personal information processed in the course of our business-to-business relationship with our customers, our customers’ employees and authorized users, and/or other individuals we may directly interact with, including on our websites (each a “Site”), through the use of our products and services (“Products”), and other online or offline offerings (collectively, the “Services”). In this Privacy Policy the terms “Deep North,” “we,” ”us,” and “our” refers to Deep North, Inc. and our affiliates and subsidiaries globally.

Some examples of Deep North’s Products include:

  • Cloud-based Software as a Service (“SaaS”) products used to analyze data and to provide laboratory information management, among other uses.
  • Software installed on customer computers used to analyze data and to provide laboratory information management, among other uses.
  • Information system hardware (e.g., servers, storage, processors) used in conjunction with our products.
  • Analytics and visualization capabilities associated with our products.
  1. What’s Not Covered by This Privacy Policy?

As stated above, this Privacy Policy only applies to personal information we process in the course of our business-to-business relationship with our customers and potential customers. This Privacy Policy does not apply to any of the information that our customers may collect and/or analyze using our Products (“Customer Data”). Our customers are responsible for providing the appropriate notice to and obtaining any required authorizations from individuals for the processing of Customer Data. Our customers’ respective privacy policies will govern the collection and use of such information and we encourage you to read each customer’s privacy policy in detail.

As an example, some of the business activities, Products, or services involving Customer Data (and not covered by this Privacy Policy) may include:

  • Analysis of video content provided by our customer’s camera or video acquisition infrastructure.
  1. Applicability of Other Deep North, Inc. Privacy Policies

The websites of Deep North’s affiliates and subsidiaries may have separate privacy policies and terms of use that apply to their use. Additionally, some of our Products may have separate privacy policies and terms of use that apply to their use.

  1. Personal Information We Collect

We collect various types of information from you, including information you voluntarily provide us and information we automatically collect from your use of our Services. For instance, in order to access certain portions of the Services, order Products, or even use some Products you may be required to first register with us. You may be asked to provide your contact information (e.g., name, institution/company, address, phone number, email, username, etc.).

We may also attend conferences and trade shows where we collect personal information from individuals who interact with or express an interest in Deep North and/or the Services. In addition, we may obtain information about you from other sources, including through third-party services and organizations to supplement information provided by you.

Information we automatically collect about your use of our Services may, for example, include:

  • Your Internet Protocol (“IP”) address.
  • The content you access.
  • The functions, products, or services you use on the Services and purchasing history.
  • Your device’s operating system.
  • Up-time and other usage statistics about the Services.
  • Cookies, web beacons, and related technologies.
  • Location information.
  • Your device’s unique identifier (e.g., CPU serial number).
  • Web browser used.
  • The date and time of your visit to the Services or use of the Product.
  1. How Personal Information is Collected

Some of the information is collected through your voluntary submissions or Deep North’s own efforts to collect information. In addition, some of the information is collected automatically, including through the use of cookies and related technologies, which may be placed on your device. Certain aspects of the Services may also use cookies to store user-provided information during your sessions. You can usually set your browser to reject cookies or to alert you before one is placed, if you prefer, but this may mean that you cannot use all features of the Services.

  1. How We Use the Information We Collect

We may use the information collected:

  • To provide and operate the Services.
  • To improve the Services, including any applications, products, services, and software available through them.
  • For marketing purposes.
  • To store your interests and preferences in order to customize your use of the Services.
  • To communicate with you (such as for product support and billing issues).
  • To verify compliance with the terms of use, license, subscription agreement or other agreement governing the use of the Services, the Product, or any other of our products or services (“Terms of Use”).
  • To authenticate users.
  • To compile and analyze trends.
  • To carry out transactions.
  • To pursue our legitimate interests (e.g., direct marketing, research (including marketing research), information and network security, and fraud prevention).
  • For other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.
  • We also may aggregate the information collected with information from other customers and users of the Services, or other products and services for analysis such as to determine user and performance trends. Generally, any such aggregation will involve data that has been de-identified such that it can no longer be used to identify you.
  1. Sharing of Personal Information

Service Providers. We may share the personal information we collect with our third-party service providers. The types of service providers to whom we entrust personal information include service providers for: (i) the provision of the Services; (ii) provision of information and services you have requested; (iii) invoice processing; (iv) customer service activities; and (v) the provision IT and related services.

Business Partners. We may provide personal information to business partners to provide you with a product or service you have requested. We may also provide personal information to business partners with whom we jointly offer products or services. In such cases, our business partner’s name will appear along with ours.

Disclosures to Protect Us or Others. We may access, preserve, and disclose your personal information if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) protect your, our or others’ rights, property, or safety; (iii) to collect amounts owed to us; (iv) when we believe disclosure is necessary or appropriate to prevent financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (v) if we, in good faith, believe that disclosure is otherwise necessary or advisable.

Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract.

  1. Your Choices

General. You may have the right to object to or opt out of certain uses of your personal information. Where you have consented to the processing of your personal information, you may withdraw that consent at any time by contacting us as described below.

Email Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding the Services or Products you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to this Privacy Policy).

“Do Not Track”. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

Cookies. You may stop or restrict the placement of cookies on your device or remove them by adjusting your preferences as your browser or device permits. Please note you must separately opt out in each browser and on each device.

  1. Access, Rectification, Erasure, and Restriction

In accordance with applicable law, you may have the right to: (i) request confirmation of whether we are processing your personal information; (ii) obtain access to or a copy of your personal information; (iii) receive an electronic copy of personal information that you have provided to us, or ask us to send that information to another company (the “right of data portability”); (iv) restrict our uses of your personal information; (v) seek correction or amendment of inaccurate, untrue, incomplete, or improperly processed personal information; and (vi) request erasure of personal information held about you by Deep North, subject to certain exceptions prescribed by law. If you would like to exercise any of these rights, please contact us as set forth below.

We will process such requests in accordance with applicable laws. To protect your privacy, Deep North will take steps to verify your identity before fulfilling your request.

  1. Retention of Collected Information

We retain the personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. Please note that in some cases, information we collect will be retained indefinitely.

  1. Security of Collected Information

We are committed to protecting the security of the information collected, and we take reasonable physical, electronic, and administrative safeguards to help protect the information from unauthorized access, use, and/or disclosure. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us.

It is your responsibility to protect the confidentiality of your passwords, account information, and any other access features associated with your access or use of the Services or Product as well as adhering to any applicable Terms of Use or other contract between us and you or your organization.

To the fullest extent permitted by applicable law, we do not accept liability for unauthorized access, use and/or disclosure.

  1. Deep North, Inc. is a Global Company Headquartered in the U.S.

Deep North is headquartered in the United States. You acknowledge and agree that any information you provide or we may collect may be transferred to and processed in the United States and other countries or territories. The laws and regulations of these countries and/or territories may not offer the same level of data protection as the country where you reside. A list of Deep North, Inc’s global offices is available at www.deepnorth.com.

  1. Privacy Shield

With respect to the personal information covered by this Privacy Policy, Deep North, Inc, Inc. complies with the EU-US Swiss-US Privacy Shield Framework and adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. To learn more about the Privacy Shield program, and to view our certification page, visit https://www.privacyshield.gov/.

In compliance with the Privacy Shield Principles, Deep North, Inc is committed to resolving complaints or concerns you may have about privacy or how your personal information is used. You may contact us at info@deepnorth.com or at Deep North, Inc, Inc., 3410 E 3rd Ave, Foster City, CA 94404, Attention: Legal Department.

If your complaint is not satisfactorily resolved with us directly, you may contact our independent dispute resolution provider, the International Centre for Dispute Resolution/American Arbitration Association for resolution (http://go.adr.org/privacyshield.html).

Deep North, Inc, Inc. is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) with respect to the Privacy Shield. Under certain conditions you may invoke binding arbitration before the Privacy Shield Panel.

Notwithstanding any language to the contrary in this Privacy Policy, in cases of onward transfer to third parties of personal information of individuals received pursuant to the EU-US and Swiss-Privacy Shield, Deep North, Inc, Inc. is potentially liable.

  1. Links, Third-Party Applications and Software

The Services and the Products may contain links to other sites or may give you access to applications, software, or products provided by third parties (“Third-Party Sites and Products”). Please understand that those Third-Party Sites and Products may have different terms of use and privacy policies. You should review those terms of use and privacy policies prior to using them. We are not responsible for the privacy practices of any Third-Party Sites and Products. We are also not responsible for the terms of use you may be required to agree to in order to use such Third-Party Sites and Products.

  1. Supervisory Authority

If you are located in the European Economic Area, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.

  1. Minors

The Services are not directed towards minors and we do not knowingly collect personal information from minors that use the Services.

  1. Changes to Privacy Policy

We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use the Services after the new Privacy Policy takes effect.

  1. Contact Us

If you have questions regarding this Privacy Policy you may contact us at: Deep North, Inc. 3410 E 3rd Ave, Foster City, CA 94404 Attention: Legal Department – Corporate Privacy Policy or at info@deepnorth.com

Note to Deep North: I checked the Privacy Shield website and Deep North is not listed as an active participant in the Privacy Shield program.

Deep North should not make any public representations about its status under Privacy Shield until the Dept. of Commerce approves its application. There have been recent enforcement actions on this point. (see: https://www.ftc.gov/news-events/press-releases/2018/07/california-company-settles-ftc-charges-related-privacy-shield)