1. Introduction and General Concepts
We respect and uphold individual rights to privacy and the protection of personal information. We know how important it is to protect your personal information and want to make every customer experience safe and secure. In keeping with that goal, we have developed this Policy to explain our practices for the collection, use, and disclosure of your personal information. We have appointed a Privacy Officer who is responsible for our compliance with this Policy. Information on how to contact the Privacy Officer can be found below.
The Website is intended solely for Canadian users at least 18 years of age (or the age of majority in your jurisdiction) or older. We do not knowingly collect personal information about any person under the age of majority (usually the age of 18 or 19, but it varies in different jurisdictions), and no such person, nor any parent or guardian as it relates to such person, should submit their personal information to us for any reason. Please do not submit personal information about minors to us, whether through the Website or otherwise.
(a) Personal Information
For the purposes of this Policy, “personal information” means information about an identifiable individual, in other words meaning information that is, or can be, used (directly or indirectly by reference to other information) to identify a natural person. Personal information includes, for example, an individual’s name, home address, telephone number, social insurance number, sex, income and family status. Personal information does not include information that would enable an individual to be contacted at a place of business, as described below, or any information that is not regulated by Applciable Privacy Laws (defined below).
We will only collect, use or disclose personal information in accordance with this Policy, or in accordance with laws applicable to the collection, use and disclosure of your personal information by us (“Applicable Privacy Laws”).
(b) Non-Personal Information – Outside of this Policy
On the other hand, “non-personal information” is any type of information other than personal information, and is excluded from this Policy. For example, non-personal information would include business information, information that does not relate to an identifiable individual, or aggregate or anonymized information that eliminates the possibility of recovering underlying data about identifiable individuals. We will collect, use or disclose non-personal information in accordance with our ordinary business practices, but always in accordance with any applicable laws. This Policy, however, only covers our collection, use and disclosure of personal information.
(c) Privacy Officer
We have appointed a Privacy Officer who is responsible for our compliance with this Policy. Information on how to contact the Privacy Officer can be found below.
2. Collection and Use of Personal Information
As indicated above, we collect two types of information through our Website: personal information and non-personal information. The types of information we collect about you will depend on the nature of your interaction with us or the Website.
(a) Information we collect from you
We may collect the following personal information from you:
• contact information such as name, email address, mailing address, phone number;
• billing information such as credit card number, and billing address;
• unique identifiers such as user name, account number, password;
• user content generated by you, such as audio, video, text and images as provided by you on the Website, which may contain personal information as provided by you;
• the geo-location of your mobile or location-enabled device;
• preferences information such as request history and marketing preferences;
• any other information provided about you by the referrer through which you accessed the Website; and
• any information that you voluntarily enter, including personal information, into or through the Website.
(b) Information we automatically collect
We may also automatically gather information about your mobile device or computer (as applicable) such as your unique mobile device ID, device type, IP address, browser type, referring/exit pages, operating system, as well as which aspects of our performance metric indicators available with our technology or our licensees’ products you prefer using. Some of this may be personal information, but in typical cases it is non-personal information. Specific examples follow:
• Device Identifier, etc.—When using our Website, we may collect the unique device identifier of your mobile device, the type of device, the date and time you access our Website, the operating system you are using, the sections of our Website that you visit, and information about how you use the Website including content downloaded or otherwise viewed. This information is used for Website and system administration purposes, and to improve the Website.
• Cookies—We may use “cookies”, a technology that installs a small amount of information on a user’s mobile device to permit the Website to recognize future visits using that mobile device. Cookies enhance the convenience and use of the Website. For example, the information provided through cookies is used to recognize you as a previous user of the Website, to offer personalized content and information for your use, to track your activity on the Website, to respond to your needs, and to otherwise facilitate your Website experience. You may choose to decline cookies if your mobile device permits, but doing so may affect your use of the Website and your ability to access certain features of the Website or engage in transactions through the Website.
• Tracking Information—We may use software or other means to compile tracking information reports regarding Website user demographics, Website traffic patterns, Website purchases and other aggregated Website statistics, and the same may be used in our emails to determine which emails and links have been used by recipients. We may then provide these reports to advertisers and others. Once such a link is made between that information and other information that makes you identifiable, all of the linked information is treated as personal information and will be used and disclosed only in accordance with this Policy. We may use Google Analytics, which is a web analysis service provided by Google Inc. (“Google”). Google utilizes the personal information collected to track and examine the use of this Website, to prepare reports on its activities and share them with other Google services. Google may use the personal information collected to contextualize and personalize the ads of its own advertising network, and you should visit Google’s website for information about its handling of your personal information.
• Geo-Location Information—When you use the Website, we track or collect your geo-location information via the geo-location functionality of your mobile device on a real time basis only to provide you with more accurate information on the Website. We may also use this real-time geo-location information to address support, technical, or business issues that may arise in the course of your use of the Website. If you do not consent to the tracking of your geo-location, you may still be able to use some features of the Website, but it is intended to be used with geo-location information. You may at any time opt out of the collection of geo-location data by uninstalling the application in accordance with the standard uninstall process made available via your mobile device or the mobile application marketplace or network.
We do not knowingly collect information about minors.
All personal information is kept for the time necessary to provide Website and/or the service requested by you, or stated by the purposes outlined in this Policy, and the you can always request that we suspend or remove the data by contacting our Privacy Officer.
3. Use of Personal Information
We may use your personal information, in combination with your non-personal information, for a variety of business purposes, for example to:
• respond to customer service requests;
• respond to your questions and concerns;
• send you a confirmation, if applicable;
• send you requested information;
• administer your account, if applicable;
• send new product or service information;
• fulfill your request or order;
• carry out contests or promotions;
• send you marketing communications;
• improve our Website and other products and services;
• conduct research and analysis, including in our business but also in the use of our Website;
• display content based upon your interests;
• for distribution to our payment processor for the provision of payment services;
• facilitate your transactions with other users, as applicable; or
• for other purposes as described in this Policy, such as for disclosures permitted under Section 6 below.
4. Your Consent
We will collect, use, or disclose your personal information only with your knowledge and consent, or where we are permitted to do so by Applicable Privacy Laws, such as where we have a legitimate business purpose that allows us to do so. When you use the Website there may be an opportunity for you to provide us with your personal information, and if you choose to provide us with your personal information you consent to the use of your personal information as identified in this Policy and as may be further identified at the time of collection.
(a) Express Consent
Sometimes you will be asked to give your express consent to our collection, use or disclosure of personal information – for example, by being asked to check a box to indicate your consent to receive marketing communications in compliance with Canada’s anti-spam laws, or where the use of the information requires your express consent.
(b) Implied Consent or Legitimate Business Purposes
Other times, you may provide your implied consent to our collection, use or disclosure of personal information, or we may have a legitimate business purpose permitted by Applicable Privacy Laws to do so, when we can reasonably conclude that you have given consent by some action you have taken or an action you have decided not to take in connection with the use of our Website or in connection with our business. Generally, this occurs where the purpose for the use of your personal information would be reasonably apparent to you – for example, when you use our services, or when provide us with your address through a form or email seeking information, you provide us with implied consent to use that address in order to respond to your request and we have a legitimate business interest to know and use it.
(c) Withdrawing Your Consent
You may notify us at any time that you wish to withdraw or change your consent to our use and disclosure or your personal information. We will accommodate your request subject to legal and contractual restrictions. The most common way of indicating this withdrawal of consent is by (i) stopping use of the Website and uninstalling the Website in accordance with the standard uninstall process made available by your mobile device, (ii) changing your privacy preferences to the extent such functionality is made available through the Website, or (iii) deleting your account with the Website and stopping use of the Website. In other situations, you may be able to opt out of the use of your personal information. For example, if you have “opted in” or subscribed to one of our mailing lists, we will always provide you the opportunity to “opt out” or unsubscribe. For example, if you receive emails from us, we will provide a link in the email which you can use to unsubscribe from that mailing list, or you may contact our Privacy Officer as set out below.
You may also choose not to provide us with your personal information. However, if you make this choice we may not be able to provide you with the Website, or information that you have requested.
5. Information Obtained from Third Parties
If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us and in accordance with this Policy and such policy under which that information was collected. If you believe someone has provided us with your personal information without your consent, please contact our Privacy Officer as set out below.
6. Disclosure and Sharing of Your Information
We will share your personal information with third parties only in the ways that are described in this Policy. We will not sell your personal information to third parties, however the use of our Website necessarily requires some sharing or disclosure of your personal information. Some of these activities may result in personal information collected by us being stored or processed in the United States or elsewhere outside of Canada and, as a result, your personal information may be accessible to law enforcement and regulatory authorities in accordance with the laws of such jurisdictions.
(a) Third Party Processors
We may provide your personal information to companies that provide services to help us with the Website such as web hosting providers, payment processors, or customer service agencies or, as set out above, Google analytics (“Third Party Processors”). These Third Party Processors are authorized to use your personal information only as necessary to provide these services to us, and in a manner consistent with this Policy. We have selected Third Party Processors who will only use your information in compliance with this Policy, but they may have their own specific policies regarding the collection, use and personal information. We will use commercially reasonable efforts to identify such Third Party Processors when we are collecting your personal information, as well as providing links to the relevant privacy policies that may apply.
(b) Further Disclosures – Affiliates, Legal Requirements, Safety, Acquisitions
We may also disclose your personal information (i) to our affiliates and subsidiaries, as they may be from time to time, in connection with the purposes set out in this Policy, (ii) as required by law such as to comply with a subpoena, or similar legal process, (iii) when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request, (iv) to an acquirer of us or our business (provided that we have appropriate confidentiality obligations with such acquirer in place), or (iv) to any other third party with your prior consent to do so.
(c) Third Party Links
Our Website may contain links or other external references to other websites, applications, social media or Internet resources which are provided solely for your convenience and information. When you follow any linking mechanism to one of those resources you are contacting another party and not us. We have no responsibility or liability for, or control over, those other resources or their collection, use and disclosure of your personal information. We encourage you to read the privacy policies of those other resources to learn how they collect and use your personal information.
7. Risk of Harm and Security of Personal Information
Anytime you share personal information there is a risk that privacy may be breached and such information may become public. Privacy breaches may lead to reputational harm, fraud and even identity theft. For this reason, it is important that you consider what personal information you are sharing and ensure that you are comfortable doing so.
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. We employ physical, administrative, contractual and technological safeguards to protect personal information, and insist that our service providers do the same. We insist that our personnel, and those of our providers, only access and use personal information in order to properly perform those duties, and even then only to the strict extent necessary to perform them. The safeguards that we have in place are appropriate to the sensitivity of the information.
When you enter sensitive information (such as credit card number or other sensitive personal information) on our online forms, we encrypt the transmission of that information using secure socket layer technology (SSL). SSL encrypts information entered on our site before it is sent over the Internet, and we use SSL in an industry-recognized standard manner to encrypt our Internet transmissions to and from you.
While we follow generally accepted industry standards to protect personal information submitted to us, both during transmission and once we receive it, no method of transmission over the Internet, or method of electronic storage, is 100% secure, and so you should always exercise caution when disclosing sensitive information over the Internet. If you have any questions about the security of our Website, you can contact our Privacy Officer as set out below.
8. Requests for Access to and Correction of Personal Information
Applicable Privacy Laws allow, to varying degrees, individuals the right to access or request the correction of errors or omissions in his or her personal information that is in our custody or under our control. Our Privacy Officer will assist you with such an access request. This includes:
• identification of personal information under our custody or control;
• information about how personal information under our control may be or has been used by us; and
• the names of any individuals and organizations to which the individual’s personal information has been disclosed.
We will respond to requests within the time allowed by Applicable Privacy Laws and will make every effort to respond as accurately and completely as possible. Any corrections made to personal information will be promptly sent to any organization it was disclosed to.
In certain exceptional circumstances, we may not be able to provide access to certain personal information we hold about an individual. If access cannot be provided, we will notify the individual making the request within 30 days, in writing, of the reasons for the refusal.
9. Removal of Your Information
We keep your information only as long as we need it for legitimate business purposes and to meet any legal requirements. Personal information used to make a decision that directly affects an individual will be kept for at least one year after such a decision. We have retention standards that meet these parameters. We destroy your information when it is no longer needed or required to be kept, or we remove your personally identifiable information to render it anonymous. If you would like use to remove your personal information, please contact our Privacy Officer as set out below.
10. CASL Policy
We are committed to compliance with the law known as Canada’s Anti-Spam Legislation (“CASL”). Any electronic communication sent by us to outside parties is protected by a range of business procedures, processes and policies to ensure that such communication is done in compliance with CASL. In our electronic communications with outside parties, we comply with the rules established by CASL and enforced by various Canadian authorities including the Canadian Radio-television and Telecommunications Commission. CASL regulates, and our policies generally apply to, each commercial electronic message we send (a “CEM”), which is an electronic message sent to an electronic address that, among its purposes, encourages participation in a commercial activity.
In addition to adopting this Policy, and to provide transparency about our compliance, we have undertaken various initiatives in order to ensure we are compliant with CASL in various respects:
• Consent—We do not send CEMs without your consent. This consent typically must be “express” (or expressly acknowledged by you), but in certain circumstances, consent can be “implied” and in others messages are specifically exempt from consent requirements. We have modified or adopted our sign-up, registration and consent forms in order to ensure that the express consent obtained from you is in compliance with CASL. When we are collecting your electronic contact information, you will know what purposes we want to use it for.
• Content—We have adopted processes to ensure that our CEMs contain the prescribed content of CASL. On any CEM from us (usually in the footer), we will clearly:
o identify ourselves as the party sending the CEM, and whether we are sending the message on our own behalf or on behalf of someone else;
o provide you contact information where you can readily contact us; and
o set out a clear, working unsubscribe mechanism (or preference centre) that is easy to use, automatic, and at no cost to you (other than your own cost of connecting to the Internet).
• Clarity—We have ensured that each constituent element of a CEM (including its header, its content, or any links or URLs in the CEM) conveys the appropriate information, whether viewed individually or taken as a whole, so that you always know what you are clicking on.
If you have received a CEM from us, and you believe that you should not have or you do not wish to receive them (even if we are allowed to send them), we will endeavour to respect your inbox preferences. Without limiting our legal rights or obligations, we try to ensure that our messages all contain useful identity information and unsubscribe or preferences link—if you check the CEM itself, you will find clear instructions on how to stop receiving CEMs from us or manage your mail preferences. When you unsubscribe, it should happen very quickly – but as required by CASL we will make sure it occurs within 10 business days. If you have any questions or concerns about our unsubscribe methods, you may contact us at the address indicated below.
12. Contact Information
You can direct any questions or concerns regarding our compliance with this Policy to our Privacy Officer by emailing at email@example.com.
If you are not satisfied with our Privacy Officer’s response to their question or concern you may be able to make a complaint under Applicable Privacy Laws. Our Privacy Officer can provide you with the contact information to make such a complaint.