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M2M One Referral Agreement

1. Commencement and term

1.1 This agreement comes into force on the Commencement Date.

1.2 The initial term of this agreement is two years from the Commencement Date (Initial Term).

1.3 The term of this agreement will be automatically extended by a further period of 1 year (Further Term) at the end of the Initial Term and each Further Term.

1.4 This agreement may be terminated before the expiry of the Initial Term or any Further Term in accordance with clause 11.

2. Appointment

2.1 We appoint you to:

2.1.1    promote our Product and Services to Potential Customers; and

2.1.2    refer Potential Customers to us,

during the term of this agreement.

2.2 When promoting our Products and Services, you must:

2.2.1    only use marketing Material provided by us;

2.2.2    comply with any directions which we may give your regarding the promotion of our Products and Services;

2.2.3    not make any misleading or deceptive statements about us or our Products or Services;

2.2.4    not engage in conduct that is unconscionable or that may damage our reputation.

2.3 You must notify Potential Customers who you refer to us that you may receive Commission Payments if they enter a contract with us for the supply of Products or Services.

2.4 You:

2.4.1    are not for any purpose, and are not to be taken to be for any purpose, because of this agreement, our partner or agent;

2.4.2    do not, because of this agreement, have any power or authority to bind or represent us; and

2.4.3    must not represent yourself as being our agent or as otherwise able to bind or represent us.

3. Review of referrals

3.1 If you refer a Potential Customer to us, we will determine whether you are eligible to receive Commission Payments if we enter into a contract with the Potential Customer to supply the Potential Customer with Products or Services.

3.2 We may determine that you are not eligible to receive Commission in respect of a Potential Customer you refer to us because:

3.2.1    the Potential Customer has already been referred to us by another person;

3.2.2    we already have a relationship with the Potential Customer or have identified the Potential Customer as a person to whom we wish to offer Products or Services;

3.2.3    we consider that the Potential Customer is an unacceptable credit risk;

3.2.4    the Potential Customer notifies us that it does not wish to be affiliated with you or objects to you receiving Commission Payments;

3.2.5    the potential customer only has ineligible services (eg NB-IoT plans), or any other matter or circumstance.

3.3 We are not obliged to enter into a contract for the supply of Products or Services with a Potential Customer who you have referred to us.

3.4 If you a refer a Potential Customer to us, we will notify you, within 5 Business Days of receiving the referral, of our determination whether or not you are entitled to receive Commission Payments in respect of that Potential Customer.

3.5 If we enter into a contract with an Approved Potential Customer, we will notify you of that fact within 5 Business Days.

4. Incentives, marketing and sales support

4.1 We may, at our discretion, offer incentives, such as discounts or rebates, to attract Potential Customers which you may communicate to Potential Customers. We will tell you what these incentives are.

4.2 We may agree to conduct joint marketing initiatives with you.

4.3 If you refer a Potential Customer to us, you must provide us with such assistance and support as we may reasonably require to convert the Potential Customer into a customer of ours and to manage our ongoing relationship with that Potential Customer.

 

5. Intellectual Property

5.1 We grant you a non-exclusive, royalty free, non-assignable licence to use Our Marketing IP for the purpose of promoting our Products and Services during the Term.

5.2 You must not promote our Products or Services using any trademark, business name or logo other than our trademarks, business name and logos.

5.3 You must promptly notify us if you become aware of any unauthorized use of Our IP.

5.4 You acknowledge and agree that you do not own or acquire any rights in Our IP.

5.5 You must not contest our title to Our IP or take any action that may have a detrimental effect on our title to Our IP.

6. Commission Payments and invoices

6.1 If we enter into a contract for the supply of Products or Services with an Approved Potential Customer within 6 months after you referred the Approved Potential Customer to us, we will pay you Commission Payments in accordance with this clause 6.

6.2 The Commission Payments will be calculated at a percentage of 5% of the monthly Revenue received by us from Contracted Referred Customers.

6.3 You are only entitled to Commission Payments on the Revenue received by us from a Contracted Referred Customer in the period of 2 years commencing on the date on which the Contracted Referred Customer entered a contract with us for the supply of Products or Services.

6.4 We will send you a statement and an RCTI (Invoice) within [14] days after the end of each Billing Period setting out:

6.4.1    the amount of Revenue received by us from Contracted Referred Customers in each month of that Billing Period; and

6.4.2    the amount of the Commission Payments we owe you for that Billing Period.

6.5 We may issue statements by email.

6.6                You will then provide us an invoice for the commission amount owed as set out in the statement.

6.7 Any claim by you that that a statement is incorrect must be made within 90 days of the date of the statement.

6.8 If you owe us any money under this or any other agreement, we may set-off against the amount you owe us any Commission Payments that we owe you.

6.9 If you are in breach of any term of a contract between us, we are not obliged to pay you any Commission Payments for so long as that breach has not been remedied to our satisfaction.

7. GST

7.1 Words defined in the GST Law have the same meaning in this clause 7, unless the context makes it clear that a different meaning is intended.

7.2 Unless indicated otherwise, the Commission Payments and all other amounts referred to in this agreement are stated exclusive of GST. If GST is or will be imposed on a supply made under or in connection with this agreement, to the extent that the consideration otherwise provided for that supply under this agreement is not stated to include an amount in respect of GST on the supply:

7.2.1    the consideration otherwise provided for that supply is increased by the amount of that GST; and

7.2.2    the recipient must make payment of the increase at the same time as the consideration is provided subject to receipt of a tax invoice.

7.3 For the purpose of satisfying the requirements of the GST Law and any additional requirements as determined by the Commissioner of Taxation from time to time, the parties agree that:

7.3.1    we can issue an RCTI in respect of any supplies by you under this agreement;

7.3.2    you must not issue a tax invoice in respect of any supply by you under this agreement unless we notify you that we will not be issuing an RCTI for that supply;

7.3.3    we are registered for GST purposes.  We will notify you if we cease to be registered for GST purposes or cease to satisfy the requirements for issuing RCTIs as set out in the GST Law or as determined by the Commissioner of Taxation from time to time; and

7.3.4    you are registered for GST purposes and have notified us of your ABN.  You must notify us if you cease to be registered for GST purposes or if you intend to sell your business.

8. Audit

8.1 You may, at your cost, appoint an independent certified accountant to audit our records, not more frequently than once every 12 months, for the purpose of determining the extent to which we have complied with our obligation to make Commission Payments to you.

8.2 If you request an audit, we will cooperate with the auditor and provide the auditor with access to our relevant records during our normal business hours.

8.3 You must ensure that any auditor appointed complies with clause 9 as if the auditor was a party to this agreement.

8.4 If your auditor establishes that we have underpaid Commission Payments, we must immediately pay you the shortfall.

8.5 If your auditor establishes that we have overpaid Commission Payments, you must immediately repay us the amount overpaid.

9. Confidentiality

9.1 You must not disclose Our Confidential Information or use it except for the purposes of this agreement.

9.2 Clause 9.1 does not prevent you from disclosing information:

9.2.1    to your auditors or professional advisers, so long as the auditor or professional adviser concerned is under a duty not to disclose or use the information except for the purpose of performing its audit or advisory obligations;

9.2.2    to a Government Agency, but you must take reasonable steps to ensure that any information so disclosed is not further disclosed except for the purposes for which it was disclosed to the Government Agency.

9.3 Your obligations under this clause 9.1 are not breached merely because Our Confidential Information:

9.3.1    is in the public domain otherwise than as a result of a breach of an obligation of confidentiality; or

9.3.2    is disclosed as required by law – so long as you:

(a) notify us of the matter, including the identity of the person to whom the information is to be or has been disclosed, before or (if that is not possible) as soon as practicable after the disclosure is made;

(b) only disclose Our Confidential Information to the extent legally required;

(c) use your best endeavours to ensure that the Confidential Information is not further disclosed and is not used; and

(d) follow any reasonable direction given by us concerning the disclosure.

 

 

10. Limits on our liability

10.1 Neither party is entitled to recover damages from the other party for any Default or otherwise under this agreement for indirect or consequential loss, including loss of use, loss of profits, loss of opportunity, damage to reputation or special, exemplary or punitive damages.

10.2 [Subject to clause 10.3, each party’s maximum liability to the other party for Default or otherwise under this agreement is an amount equal to the Commission Payments paid by us to you under this agreement.

10.3 Clause 10.2 does not limit a party’s obligation to make any payment that must be made under this agreement.

11. How this agreement may be terminated

11.1 If:

11.1.1 (being a corporation) you are or become insolvent or any order is made or resolution passed for your winding up or a controller is appointed over all or any part of your assets;

11.1.2 (being a natural person) you are or become insolvent or commit an act of bankruptcy or make an assignment for the benefit of your creditors;

11.1.3 you breach any terms of this agreement;

11.1.4 you breach any terms of any other contract between you and us,

we may, by written notice to you, terminate this agreement immediately or with effect from a date specified in the notice.

11.2 Either party may, by written notice to the other party, terminate this agreement for convenience with effect from a date specified in the notice (being a date not less than 60 days after the date of the notice).

11.3 Your rights to receive Commission Payments in respect of Revenue received by us from Contracted Referred Customers after termination of this agreement in accordance with clause 11.2 are not affected by the termination.

12. How this agreement may be varied

12.1 This agreement may not be varied other than by a written agreement between the parties.

13. Communications

13.1 You may communicate with us by:

13.1.1 calling us on the number specified on Our Website;

13.1.2 emailing us at the email address specified on our Website;

13.1.3 delivering a written communication to our physical address specified on Our Website.

13.2 Our record of any request, instruction or other communication you give us will be sufficient proof of your request, instruction or other communication unless you can show it is incorrect.

13.3 We may communicate with you by:

13.3.1 calling you on the number specified in your Application or on another number you give us;

13.3.2 emailing you at the email address specified on your Application or another email address you give us;

13.3.3 delivering a written communication to your physical address specified on your Application or another address you give us.

13.4 We may rely and act on any request, instruction or other communication received by us from any person who we, acting in good faith, believe to be your representative, whether or not that person has actual or apparent authority to make or give that request, instruction or other communication.

14. Interpretation

14.1 The following provisions apply to this agreement.

14.2 A reference to:

14.2.1 a legislative provision or legislation (including subordinate legislation) is a reference to that provision or legislation as amended, re-enacted or replaced, and includes a reference to any subordinate legislation issued under it;

14.2.2 a document or agreement (including this agreement), or a provision of a document or agreement (including this agreement), is a reference to that document, agreement or provision as amended, supplemented, replaced or novated;

14.2.3 a specified standard, code, guideline, or other similar document is a reference to the version or edition of the standard, code, guideline, or document as in force for the time being;

14.2.4 a party to this agreement or to any other document or agreement includes a successor in title, permitted substitute or a permitted assign of that party;

14.2.5 a person includes a reference to any type of entity or body of persons, whether or not it is incorporated or has a separate legal identity, and any executor, administrator or successor in law of the person; and

14.2.6 anything (including a right, obligation or concept) includes a reference to each part of it.

14.3 A singular word includes the plural, and vice versa.

14.4 A word that suggests one gender also suggests the other genders.

14.5 If a word or phrase is defined, another part of speech of that word or another grammatical form of that phrase has a corresponding meaning.

14.6 If an example is given of anything (for example, a right, obligation or concept), such as by saying it includes something else, the example does not limit the scope of the thing.

14.7 A reference to information is a reference to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology and trade secrets.

14.8 A reference to a breach by a party to an agreement or other document:

14.8.1 of the agreement or document; or

14.8.2 of an obligation in an agreement or other document;

includes a reference to a representation made by the party in or in connection with the agreement or document being inaccurate or misleading, including by omission.

14.9 Headings in this agreement are not provisions of this agreement and do not affect the interpretation of this agreement.

14.10    A reference in this agreement to a numbered or otherwise identified provision is a reference to the provision so numbered or identified in these Terms and Conditions.

14.11    If the day on or by which a person must do something under this agreement is not a Business Day, the person must do it on or by the next Business Day.

15. Other terms

15.1 The parties agree that, except as may be required by law, the express provisions of this agreement are intended to constitute the exhaustive statement of their rights and obligations in relation to the matters to which it relates.

15.2 You must not, without our written consent, assign your rights under this agreement.

15.3 A right under or in relation to this agreement may only be waived in writing and:

15.3.1 no other conduct of a party (including a failure to exercise, or delay in exercising, the right) operates as a waiver of the right or otherwise prevents the exercise of the right;

15.3.2 a waiver of a right on one or more occasions does not operate as a waiver of that right or as an estoppel precluding enforcement of the right if it arises again; and

15.3.3 the exercise of a right does not prevent any further exercise of that right or of any other right.

15.4 Any provision of this agreement that is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this agreement enforceable, unless this would materially change the intended effect of this agreement.

15.5 The following provisions of this agreement survive the expiry or termination of this agreement:

15.5.1 any provision expressed to survive the expiry or termination of this agreement;

15.5.2 any provision which by implication from its nature is intended to survive the termination or expiration of the agreement including provisions relating to confidential information, a right to recover money and privacy.

15.6 This agreement is governed by the laws in force in Victoria. Each party:

15.6.1 submits to the jurisdiction of the courts of Victoria and of any court that may hear appeals from any of those courts, for any proceedings in connection with this agreement; and

15.6.2 irrevocably waives any objection to the venue of any proceedings brought in those courts in connection with this agreement on the ground that they have been brought in an inconvenient forum.

16. Glossary

In this document, unless a contrary intention appears:

[Application means the online application form on Our Website by means of which a person can apply to be a referrer.] [Note: To be reviewed once the online application process has been finalised.]

Approved Potential Customer means a Potential Customer that:

  • you have referred to us; and
  • we have determined is a person in respect of whom you are entitled to receive Commission Payment.

Billing Period means each calendar quarter.

Business Day means a day other than a day that is a Saturday, Sunday or national public holiday.

Commencement Date means the date on which we accept your application to be a referrer using the online application form on Our Website.

Commission Payments means commission payments payable to you in accordance with clause 6.

Contracted Referred Customer means an Approved Potential Customer that has entered into a contract with us for the supply of Products or Services within 6 months after you referred the Approved Potential Customer to us.

Corporations Act means the Corporations Act 2001 (Cth).

Data Plan means a plan that we provide that allows a customer to use a fixed monthly amount of data for a fixed price and includes an excess usage charge if the customer exceeds the allowance.

Default means an act or omission that:

  • is a contravention of a written law; or
  • amounts to negligence or a breach of a duty (including a duty arising under an agreement) or a breach of an agreement or other document.

Government Agency means a person or body performing governmental functions, including any of the following:

  • a body politic;
  • a government or government department or other similar body;
  • a governmental, semi-governmental or judicial person;
  • a person (whether autonomous or not) charged with the administration of a law.

GST Act means the A New Tax System (Products and Services Tax) Act 1999 (Cth).

GST Law has the meaning given to that term in the GST Act.

IP or Intellectual Property means all copyright and all rights in relation to inventions (including patent rights), registered and unregistered trademarks (including service marks), registered and unregistered designs, and circuit layouts, and any other rights resulting from intellectual activity in the industrial, scientific, literary and artistic fields recognised in domestic law anywhere in the world.

Material includes documents, goods, equipment, reports, software, specifications, reports, information and data.

Our Confidential Information means information relating to us or any of our Related Bodies Corporate that:

  • is by its nature confidential;
  • is designated by us as confidential;
  • you know or ought to know is confidential,

but not information that:

  • is or becomes public knowledge otherwise than by a breach of this agreement or another confidentiality obligation; or
  • you establish has been independently developed or acquired by you.

Our IP means all IP in any Material provided to you by us or on our behalf under or in connection with this agreement.

Our Marketing IP means Our IP that we use for marketing our Products and Services, including our trademarks, business name and logo.

Our Website means our website at m2mone.com.au.

Potential Customer means a person who may become a customer of ours.

Product means a SIM Card or other good we supply to our customers.

RCTI means a recipient created tax invoice.

Related Body Corporate has the meanging given to that term in the Corporations Act.

Revenue means fees and charges paid to us by Contracted Referred Customers as consideration for the supply of Products and Services (excluding GST). To avoid doubt, Revenue does not include fees and charges due to us but not paid.

Service means a service that we supply to our customers, including Data Plans.

SIM Card means a subscriber identity module card that may be fitted to or removed from a device by hand.

We, our or us means M2M One Pty Ltd ABN 39 130 158 888.

you means the referrer.

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Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful. Please see below both M2M One & Sierra Wireless’ Website Privacy Policy.

1. Privacy Policy Statement

M2M One is committed to protecting your privacy, keeping your information safe and ensuring the security of your data. This policy outlines our ongoing obligations to you in respect of how we manage your Personal Information. This extends to both our control and processing of personal information.

We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The National Privacy Principles (NPPs) govern the way in which we collect, use, disclose, store, secure and dispose your Personal Information.

The current policy will be in effect from 1 July 2020. We may need to update it over time but if we do, the updated version will be published.

2. What information we collect and control

The types of information we collect depends on how you use our products and services as well as the relationship we have with you as a customer. It may include information like your name, date of birth, contact details (including address, email address, phone number or mobile telephone number), bank account and credit card details, information to prove your identity (driver’s license or another approved ID), account username or password and your use of our products and services.

We may also collect more in-depth information including:

  • Financial and Credit information related to your financial relationship with us, such as your financial details, payment history, credit history, and your service history.
  • Information about your products and services including device-specific information such as your hardware model, operating system version, unique device and service identifiers, device status, serial numbers, settings, configuration and software and mobile network information.
  • Information about how you use your products and services such as:
  • Your network usage including time and duration of your communications as well as information about the operation of the equipment, services and applications you use on our networks
  • How you use our services to access the internet, such as the location of your devices when you are using our products and services
  • Information that allows us to identify you for verification purposes.
  • Technical Information about your products and services including details about our network performance including information about how you use our networks.

Some of the information collected may be sensitive information. If we need this type of information, we’ll ask you for information in accordance with applicable law.

You might also need to provide personal information about other individuals to us (e.g. about your authorised representative). If so, we rely on you to have informed those individuals that you are giving their personal information to us and to have advised them about this statement. It is important to be aware that if you access another party’s website or application using one of our products, that other party will deal with your personal information in accordance with its own privacy policy.

3. How do we collect your information

We collect personal information in the following ways:

We collect information directly from you when you:

  • Or your representative interacts with either us or one of our trusted partners. This might happen when you are setting up an account with us or using one of our products or services;
  • Order and/or register for a product or a service;
  • Interact with technical support and sales teams;
  • Use our website or social media sites;
  • Share information with us via forms, for example when you register for our trainings, events and newsletters.
  • Apply for a job with us.

We may also collect information about you:

  • From external sources like credit reports and marketing mailing lists;
  • Commercially available information. This can also include information gained from our partners, these partners include our business and commercial partners, and other affiliates;

 

4. How do we store your information

We take all reasonable steps to securely store your information using a combination of technical solutions, security controls and internal processes to protect information and our network from unauthorised use, modification, access and disclosure.

We may store your information in hard copy or electronic format and keep it in storage facilities that we own and operate ourselves.

We endeavour to ensure that information is kept as current as possible and that irrelevant data is deleted or made anonymous as soon as reasonably practicable. However, some information may be retained for varying time periods in order to comply with legal and regulatory obligations and for other legitimate business reasons.

5. How do we use your information

We may use your personal information in the ways as outlined below:

  • To help us properly manage the products and services we provide to you. We also use your information for charging and billing and to identify potential breaches of our terms and conditions of service.
  • Communicate with you in order to provide you with our products, upgrades and services via email, SMS and social media.
  • Processing orders and applications and to enroll you as our customer.
  • Verifying identity, carrying out credit checks and reporting.
  • Generating bills, managing account, and carrying out debt-recovery.
  • Development of our products and services.
  • Communicate to you about all our products, services and offers that are relevant and are of interest to you. We may use the information we hold to market and promote them directly to you.
  • Identifying your location so we can send you emergency alerts.
  • Protecting our network and managing the data use and other uses of our network.

 

6. When do we share your information

We do not sell any information. We may share your information with other parties who provide services to us, including partners and contractors that assist us with providing our business processes and products and services. These services include:

  • Providing, managing or administering your product or service including customer enquiries and support services.
  • Installation, maintenance and repair services.
  • Mailing operations, billing and debt-recovery functions.
  • Information technology and network services.
  • Development, analysis and business intelligence functions.
  • Your authorised representatives or legal advisers
  • Third parties when you ask us to do so or when you consent to that disclosure for the purposes of preventing or investigation fraud, crime or misconduct relating to your account or services.
  • Credit providers or credit-reporting agencies for identity checking and credit related purposes such as credit-worthiness, credit rating, default listing, credit provision and financing under privacy act and credit reporting legislation.
  • Our dealers, business or commercial partners, legal advisers and other businesses we work with
  • The manager of the Integrated Public Number Database (IPND), and other organisations as required or authorised by law (please see www.acma.gov.au for more information)
  • Law enforcement and national security agencies, and other government and regulatory authorities as required or authorised by law
  • For the purposes of facilitating or implementing a transfer/ sale of all or part of our assets or business.

 

7. How can you access or correct your information

To ensure that we are able to provide you with the best products and services possible, it’s important that you make sure the information we hold about you is accurate, up-to-date and complete. If any of your details change you may contact us using the contact details below. You also have the right to request a copy of your information that we hold about you. There is no charge to submit a request or to correct information, however we may apply an administrative charge for providing access to your information on request. To make this request email us at: privacy@m2mone.com.au

8. How can you make a privacy complaint

You can also use our contact details to notify us of any privacy complaint you have against us. If you believe your privacy has been compromised, please contact us. We are committed to acknowledging your complaint in a prompt manner and will give you an estimated timeframe on the response to the complaint.

While we hope that we will be able to resolve any complaints you may have without needing to involve third parties, you may also be able to lodge a complaint with a relevant regulator such as the Australian Information Commissioner or the Telecommunications Industry Ombudsman.

9. How can you contact us

If you have any questions in relation to this Privacy Statement, our management of your information or you would like a copy of this statement sent to you, please call us on (03) 9696 3011 or email us at privacy@m2mone.com.au. The office hours are Monday-Friday 8 am-5 pm EST.

Contact Details:

Email: privacy@m2mone.com.au

Phone: (03) 9696 3011

Updated: September 2020

Sierra Wireless and its subsidiaries (“Sierra Wireless”, “we”, “us” or “our”) respect your privacy. Sierra Wireless is committed to protecting the personal data in our custody and control.

This privacy policy (the “Privacy Policy”) describes how we collect, use and disclose your personal data as part of the activities of the websites operated by Sierra Wireless under the Sierra Wireless domain (such as sierrawireless.com, source.sierrawireless.com and mexchange.sierrawireless.com) (collectively, the “Website”). This Privacy Policy also describes the rights that you have as a data subject of the personal data processed by Sierra Wireless.

1. Identification of the Data Controller of your Personal Data and Sierra Wireless Data Protection Officer.

Whenever a Sierra Wireless entity collects, uses or transfers your personal data for its own purposes, that Sierra Wireless entity acts as a data controller of your personal data. The Sierra Wireless entity acting as a data controller of your personal data is the Sierra Wireless entity:

  • That operates the Website; and/or
  • Where applicable, that is located in your country and/or in the country you choose in the Website, and to which you send requests relating to Sierra Wireless services and/or products.

So as to better ensure the security of your personal data, Sierra Wireless has appointed a data protection officer (the “DPO”). You may contact the DPO, if you have any questions or concerns regarding this Privacy Policy and the manner in which Sierra Wireless processes your personal data, by sending an e-mail to dataprotectionofficer@sierrawireless.com.

 

2. Personal Data we Collect

Sierra Wireless collects your personal data from your use of the Website (e.g. visiting the Website pages, the blog, downloading case studies, watching videos on the Website and viewing infographics provided in the Website), when you create an account, from your subscription to the newsletter or any other e-mailing list,  from any request you send through the Website (e.g. using the sales contact form, the support form, the webinar form or the free white paper form), when you attend a seminar, a webinar or participate in an online survey or access a whitepaper, when you submit an entry for a contest or promotion, purchase a product or service from our online store, or when you attend an investor event or trade show and provide your personal data to us.

From time to time, Sierra Wireless receives personal data from business partners, vendors and distributors.

Sierra Wireless processes the following data that relates to you:

  • Identification data (such as first and last name, job title, e-mail address, business phone number, company industry, advertising identifiers);
  • Billing data (such as your billing and shipping addresses, credit card information);
  • Connection data (such as IP address, operating system, region and language as well as the date and time the Website was accessed);
  • Log data (such as the credentials used to access your account and/or other Website pages that require log-in credentials);
  • Activity data (such as the number and the Website pages you visited, if you send a request through a form provided by the Website).

 

3. How We Use Information Collected?

Sierra Wireless uses your personal data where it has obtained your consent to send you marketing communications (including by e-mail) related to products and/or services different from those you purchased and/or you requested information.

Sierra Wireless will use your personal data for its legitimate interest to operate its Website, provide you access to it and to its features, promote its activities and services including the following reasons:

  • Website visitor’s and prospect’s management, with respect to the access to the Website, to any of its pages and to the services provided (such as webinar, the white papers, the case studies, the video and the blog); provide information and enable interaction with our teams (sales team and any team dedicated to the provision of materials through the Website);
  • Improve the Website and its features, to better understand how you use the Website; better understand your needs;
  • Implement marketing activities specific to Sierra Wireless, with respect to e-mailing activities; newsletter; product and/or service information; and
  • Implement profiling and targeting activities so as to send you interest based advertisements.

Sierra Wireless will use your personal data where such processing is necessary to the performance of any sales agreement and/or product and/or service online order with you, including:

  • Client and prospect management, with respect to everyday internal business purposes in order to process your transactions, maintain your account(s), and provide customer service; manage, administer, collect or otherwise enforce accounts and protect them against fraud; keep you up to date on the latest product announcements, software updates, special offers or other information we think you would like to hear about either from us, including sending you direct marketing information or contacting you for market research;
  • Improve our services: to better understand your needs and provide you with better services; conduct market research in order to develop marketing strategies.

Sierra Wireless also uses your personal data for compliance with legal obligations to which Sierra Wireless is subject, including for legal and regulatory compliance, with respect to maintain business records for reasonable periods as required by applicable tax and other laws.

 

4. How Long do we Retain your Personal Data?

Sierra Wireless retains your personal data no longer than it is allowed under the applicable data protection laws and in any case, no longer than such personal data is necessary for the purpose for which it was collected or otherwise processed, unless a longer retention period is required by applicable law. This means that we will retain your personal data for a period not exceeding the greater of, where applicable, the:

  • Duration of your account;
  • Duration of the processing of your requests;
  • Period of time necessary for establishing, performing and terminating the contractual relationship you may have entered into with Sierra Wireless;
  • Three years as from the term of the contractual relationship or before if you object to the processing of your personal data for marketing purposes (for clients);
  • Three years as from the date where such personal data was collected or before if you object to the processing of your personal data for marketing purposes (for prospects);
  • Duration of the applicable statute of limitations; and
  • Regarding any information processed through cookies and/or similar technologies you have accepted, for a period of time not exceeding thirteen (13) months as from the date of their implementation. For more information on cookies and/or similar technologies implemented by Sierra Wireless, please see our cookie policy.

 

5. Information Sharing and Disclosure to Recipients

Sierra Wireless will grant access to personal data on a need-to-know basis.  Such access will be limited to the portion of the personal data that is necessary to perform the function for which such access is granted.

Sierra Wireless may need to disclose your personal data to provide you the materials, products or services you requested through the Website and/or perform any agreement entered with Sierra Wireless (including support services).

As a result, access to personal data within Sierra Wireless may include its authorized personnel in charge of support services, client management, prospect management, marketing services, sales services and billing services.

Access to personal data by third parties may include: third-party service providers that require it as part of their job in order to perform services on Sierra Wireless’ behalf, for example repair services, technical support, mailing, billing, marketing, serve you interest-based advertisements, information technology and/or data hosting or processing services or similar services, or otherwise collect, use, disclose, store or process personal data on Sierra Wireless’ behalf for the purposes described in this Privacy Policy.

Subject to your consent, Sierra Wireless will disclose your personal data to our business partners so that you can receive from them special offers or other information including direct marketing information or contacting you for market research.

Sierra Wireless will disclose personal data with your preferred Sierra Wireless’ distributor to ensure customer satisfaction.
We may share personal data in the event of a proposed or actual financing, securitization, insuring, sale, assignment or other disposal of all or part of Sierra Wireless or our business or assets, for the purposes of evaluating and/or performing the proposed transaction.  Assignees or successors of Sierra Wireless or our business or assets may use and disclose your personal data for similar purposes as those described in this Privacy Policy.

Sierra Wireless will also disclose your personal data with your consent, if required to do so by law, to enforce our Terms of Use, in urgent circumstances, or to protect personal safety, the public or our Website.

 

6. International Data Transfers 

Due to the global nature of Sierra Wireless’ business, Sierra Wireless may disclose and transfer certain personal data to a foreign country.

6.1. Regarding Canadian data subjects

Sierra Wireless currently collects, stores and processes your personal data on servers located in Canada but such personal data may be accessed outside of Canada by authorized personnel who will then use and disclose your personal data in accordance with this Privacy Policy.

Sierra Wireless may also transfer your personal data to its third-party service providers who are located outside of Canada.

Sierra Wireless takes commercially reasonable contractual or other measures to protect your personal data if processed or handled by these third-party service providers. While your personal data is located outside Canada it will be subject to the legal requirements in those foreign countries applicable to our third-party service providers, for example, lawful requirements to disclose personal data to government authorities in those countries.

6.2. Regarding EU data subjects

Sierra Wireless may transfer your personal data to Sierra Wireless entities and third-party service providers located outside the European Union (“EU”) (such as in Canada).

To comply with EU data protection laws, including the General Data Protection Regulation (GDPR), Sierra Wireless has entered into a framework agreement, under the terms of which all Sierra Wireless data importers outside the EU are obligated to process and protect all personal data received from the EU in accordance with the controller-to-controller standard contractual clauses (the “Clauses”), as approved by the European Commission in order to protect all personal data received from the EU.

The transfers of data to third-party service providers (including to those listed in Section 5 above) are secured by implementing the safeguards required under the applicable data protection law (including contractual arrangements entered into with a third-party service provider).

 

7. Your Rights as Data Subject

As a data subject, you may have certain rights, including the:

Right to Access: the right to obtain confirmation from Sierra Wireless as to whether any personal data concerning you is processed by Sierra Wireless. This includes the right to access such personal data to obtain a copy of it free of charge (except for repetitive or excessive requests), and to be provided with a description of main features of the processing implemented in relation to your personal data, including:

  • (i) Purposes of such processing,
  • (ii) Categories of personal data concerned,
  • (iii) Recipients or categories of recipients of personal data,
  • (iv) The envisaged retention period or, if not possible, the criteria used to determine it,
  • (v) Existence of the right to request rectification or erasure of personal data, as well as the right to object to or request restriction of processing,
  • (vi) The right to lodge a complaint with a supervisory authority,
  • (vii) Information relating to any third party source of personal data if the data were not collected from you, and
  • (viii)The existence, the logic involved, the significance and the consequences of any automated decisions, including profiling.
  • If you are located in the EU, and your personal data is transferred outside the EU, you have the right to be informed of the appropriate safeguards implemented relating to such transfer.

Right to Rectification: the right to obtain without undue delay the rectification of inaccurate, incomplete or outdated personal data concerning you.

Right to Erasure: the right to obtain without undue delay the erasure of your personal data where:

  • (i) Such personal data is no longer necessary in relation to the purpose(s) for which it was collected or otherwise processed;
  • (ii) You withdraw the consent on which the processing was based, and there are no other legal grounds for the processing;
  • (iii) You object to the processing, as provided below;
  • (iv) Your personal data has been unlawfully processed;
  • (v) Your personal data has to be erased for compliance with a legal obligation. In some cases Sierra Wireless may refuse such request, notably where such data is necessary to comply with a legal obligation.

Right to Restriction: the right to restrict the processing of your personal data in the following cases:

  • (i) Where you claim inaccuracy of your personal data processed by us (the restriction being provided for a period enabling Sierra Wireless to verify the accuracy);
  • (ii) Where the processing appears unlawful, and you oppose the erasure and request the restriction of use of your personal data instead;
  • (iii) Where Sierra Wireless does not need such personal data for the purposes of processing, but such personal data is required by you for the establishment, exercise or defense of legal claims; and
  • (iv) Where an objection is raised by you in relation to the processing, pending the verification whether the legitimate grounds of Sierra Wireless override those of you.

Right to Object: the right to object, at any time and on legitimate grounds relating to your particular situation, to the processing of your personal data, including the processing for marketing purposes as well as the profiling related to such marketing activities.

Right to Data Portability: where the processing is based on your consent or on a sales contract, and where such processing is carried out by automated means, the right to request from Sierra Wireless:

  • (i) to communicate to you the personal data concerning you, in a structured, commonly used and machine-readable format, in order to be able to further transmit such personal data to another data controller; or
  • (ii) to directly transmit such personal data to such other data controller, if technically feasible.

Right to Withdraw Consent: where the processing of your personal data is based on consent, the right to withdraw such consent (subject to applicable contractual and legal restrictions) at any time without affecting the lawfulness of processing based on consent before its withdrawal.

Right to Lodge a Complaint: the right to lodge a complaint with the competent supervisory authority.

Where you are a French user you also have the right to contact Sierra Wireless to define the instructions for the processing of your personal data after your death.

In case you wish to exercise any of the rights here above mentioned, please contact us by sending an email to privacy@sierrawireless.com or by sending an e-mail to our DPO at dataprotectionofficer@sierrawireless.com.

 

8. Safeguards

We have implemented commercially reasonable physical, organizational and technological safeguards to protect personal data against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.  However, you should be aware that absolute security cannot be guaranteed.

 

9. Children’s Privacy Protection

Our Website does not target and is not intended to attract children under the age of 13. Sierra Wireless does not knowingly solicit personal data from children under the age of 13 or send them requests for personal data.

 

10. Third-Party Sites

Our Website may contain links to websites operated by other companies. Some of these third-party sites may be co-branded with a Sierra Wireless logo, even though they are not operated or maintained by Sierra Wireless.

Although we choose our business partners carefully, Sierra Wireless is not responsible for the privacy practices of web sites operated by third parties that are linked to our Website. Once you have left our Website, you should check the applicable privacy policy of the third party website to determine how they collect, use, disclose, and otherwise deal with personal data.

 

11. Your California Privacy Rights

Consumers residing in California have certain rights with respect to their personal information under the California Consumer Privacy Act (“CCPA”) (California Civil Code Section 1798.100 et seq.) and the “Shine the Light” Law (California Civil Code Section 1798.83). If you are a California resident, then this Section 11 and the additional disclosures related to the collection, use, disclosure, and sale of personal information applies to you.

11.1. Collection and Use of Personal Information

In the preceding 12 months, we have collected the following categories of personal information:

  • Identifiers (such as first and last name, email address, alias, postal address, online identifier, internet protocol address, operating system, account name, or other similar identifiers);
  • Categories of personal information described in California Civil Code § 1798.80(e) (such as name, telephone number, and address);
  • Characteristics of protected classifications under California or federal law;
  • Commercial information (such as billing data);
  • Internet or other electronic network activity information (such as connection data, operating system, region, language, date and time the Website was accessed, log data (such as the credentials used to access your account and/or other Website pages that require log-in credentials), or activity data (such as the number and the Website pages you visited, if you send a request through a form provided by the Website));
  • Geolocation data;
  • Audio, electronic, visual, thermal, olfactory, or similar information (such as voice recordings);
  • Professional or employment-related information (such as job title, business phone number, or company industry);
  • Education information; and
  • Inferences drawn from any of the above information.

For examples of more specific information we collect and the sources of such collection, please see Section 2 above.

We collect personal information for the business or commercial purposes as described in Section 3 above.

11.2. Disclosure of Personal Information

We may share your personal information with third parties as described in Section 5 above. Sierra Wireless does not sell personal information (i.e., we do not exchange your personal information directly for monetary compensation). We do allow our advertising partners to collect certain device identifiers and electronic network activity via our services to show ads that are targeted to your interests. To opt-out of having your personal information used for targeted advertising purposes, which may be classified as a “sale” under the CCPA, please contact us as set out in Section 11.6 below. Only you or your authorized agent acting on your behalf may make a request to opt-out.

In the preceding 12 months, we have disclosed for a business purpose or sold (as defined under the CCPA) all the categories of personal information set out in Section 11.1 to:

  • Our subsidiaries and affiliates;
  • Internet service providers;
  • Data analytics providers;
  • Our business partners who perform marketing activities at the direction of Sierra Wireless;
  • Third-party service providers, affiliates, vendors, subcontractors, and payment processors that interact with us in connection with the products and/or services we offer; and
  • As otherwise described in Section 5 above.

11.3. Your Consumer Rights

If you are a California resident, then you have the right to (i) request more information about the categories and specific pieces of personal information we have collected and disclosed for a business purpose in the last 12 months, (ii) request deletion of your personal information, (iii) opt-out of the sale of your personal information, if applicable, and (iv) be free from discrimination for exercising your rights under the CCPA. You may make these requests by contacting us as set out in Section 11.6 below. Before processing your request, we must verify your identity.

Only you or an authorized agent acting on your behalf may make a verifiable request regarding your personal information. To qualify as a verifiable request, you or your authorized agent must:

  • Provide enough information so that we may verify your identity as the person about whom we collected personal information, such as by confirming the email address we have on file for you or your recent purchase history; and
  • Describe your request with sufficient detail such that we may properly understand, process, and respond accurately.

Upon receipt of your request, we will contact you directly, based on the contact information we have collected, or you have provided, to outline the steps needed to verify your identity.

11.4. Authorized Agents

For an authorized agent to be recognized as acting on your behalf, you must either:

  • Verify your identity directly with Sierra Wireless as set out above and provide explicit authorization permitting your agent to act on your behalf; or
  • Provide (or have your agent provide) legal proof of Power of Attorney.

11.5. Shine the Light

California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident and would like to make such a request, please contact us as set out in Section 11.6 below.

11.6. Contact Information

In case you wish to exercise any of the rights as set out in this Section 11, you may reach us by email, telephone, or by mail as follows:

Email: privacy@sierrawireless.com

Toll-free Telephone: 1-877-687-7795

Postal Address:
Sierra Wireless, Inc.
Attention: Legal Department
13811 Wireless Way
Richmond, British Columbia V6V 3A4
Canada

12. Changes to this Privacy Policy

If Sierra Wireless makes any substantial changes to this Privacy Policy, we will make reasonable efforts to notify you of such changes by posting an announcement on our Website.

We urge you to review this Privacy Policy frequently so that you are aware of the most current version. Your continued provision of personal data or use of our services following any changes to this Privacy Policy constitutes your acceptance of any such changes.

This Privacy Policy was last updated on:

VERSION NO. UPDATE
DATE
1
June 30, 2014
2
April 30, 2020
3
September 17, 2020

 

13. Questions or Suggestions

If you have questions or concerns about our collection, use, or disclosure of your personal data, or if you require any additional information, please contact our DPO at dataprotectionofficer@sierrawireless.com.

14. Manage your Information 

You may contact our DPO at dataprotectionofficer@sierrawireless.com to update you information, where applicable.

At any time, you can withdraw the consent given to the processing of your data by sending an email to privacy@sierrawireless.com.