Privacy Policy Complaint (Mobile App/Website) - Form Pro · EN-CA-law

PRIVACY POLICY

Prepared in accordance with the Personal Information Protection and Electronic Documents Act (Canada) and applicable provincial privacy legislation

Effective Date: ________

Applicable to the following website:

________

Website URL: ________

§ 1 – DEFINITIONS

(a) APPLICABLE WEBSITE: This Privacy Policy refers and applies to the Website listed above, hereinafter referred to as the "Website." Any reference to the Website may also include any corresponding mobile application currently in use or hereafter developed.

(b) EFFECTIVE DATE: "Effective Date" means the date this Privacy Policy comes into force and effect, as set out above.

(c) PARTIES: The parties to this Privacy Policy are the following organization, being the entity that determines the purposes and means of the collection, use and disclosure of personal information (the "Organization"): ________, and you, as the user of this Website. The parties are referred to individually as a "Party" and collectively as the "Parties."

(d) ORGANIZATION: The Organization is the publisher, owner and operator of the Website and is the Party responsible for the personal information described herein. The Organization may be referred to by name or as the "Organization," or through the first-person pronouns "us," "we," "our" and "ours."

(e) YOU: Should you agree to this Privacy Policy and continue your use of the Website, you are referred to herein as "you," "the user," or through the pronouns "your" and "yours."

(f) GOODS: "Goods" means any goods or services that we make available on the Website.

(g) PERSONAL INFORMATION: "Personal Information" means information about an identifiable individual that we obtain from you in connection with your use of the Website, as that term is defined under the Personal Information Protection and Electronic Documents Act (Canada) ("PIPEDA") and any applicable provincial privacy legislation. Personal Information does not include the business contact information of an individual, or information that has been anonymized or aggregated such that it can no longer identify an individual.

§ 2 – GENERAL INFORMATION AND CONSENT

2.1 This privacy policy (the "Privacy Policy") describes how we collect, use, disclose and safeguard the Personal Information that we receive about you, and your rights in relation to that Personal Information, when you visit our Website or acquire our Goods.

2.2 This Privacy Policy does not cover any information that we may receive about you through sources other than your use of our Website. The Website may link to other websites or mobile applications, but this Privacy Policy does not apply to any such linked websites or applications.

2.3 We are committed to protecting your privacy in accordance with the fair information principles set out in PIPEDA and applicable provincial privacy legislation.

2.4 CONSENT: By using our Website, you acknowledge that you have had the opportunity to review and consider this Privacy Policy and you consent to the collection, use and disclosure of your Personal Information in the manner described herein. Where required by law, we will obtain your express consent. You may withdraw your consent at any time, subject to legal and contractual restrictions and reasonable notice, by contacting us using the information in § 19. If you do not agree to this Privacy Policy, you must immediately cease your use of our Website.

§ 3 – CONTACT AND PRIVACY OFFICER

3.1 The Party responsible for the processing of your Personal Information is: ________. The Organization may be contacted as follows:

________

3.2 The Organization and operator of the Website are one and the same.

3.3 In accordance with PIPEDA, the Organization has designated an individual who is accountable for the Organization's compliance with applicable privacy law (the "Privacy Officer"). The Privacy Officer is: ________. The Privacy Officer may be contacted as follows:

________

§ 4 – LOCATION OF DATA PROCESSING AND TRANSFERS

4.1 Our data processing activities take place primarily in Canada. The principal location at which data processing activities take place is:

________

4.2 Your Personal Information may be stored, processed or transferred to service providers located in other provinces or in jurisdictions outside Canada, including the following:

________

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§ 5 – HOW WE COLLECT PERSONAL INFORMATION

5.1 We may collect Personal Information from you in a variety of ways, including but not limited to the following:

(a) when you register for an account or otherwise sign up to use our Website;

(b) when you purchase our Goods;

(c) when you voluntarily provide information to us through forms, surveys or other interactive features of our Website;

(d) when you communicate with us by email, telephone or other means; and

(e) automatically, through your use of and interaction with our Website, as further described below.

5.2 The Personal Information we collect, and the manner in which it is collected, depends on how you interact with our Website. We will only collect Personal Information for purposes that a reasonable person would consider appropriate in the circumstances, and that are reasonably necessary for the purposes set out in this Privacy Policy.

§ 6 – PERSONAL INFORMATION WE RECEIVE FROM YOU

Depending on how you use our Website, different types of Personal Information may be collected in different ways:

(a) REGISTERED USERS: You may be asked to register in order to use the Website or to purchase the Goods. During registration, we may collect the following Personal Information through your voluntary disclosure:

________

Personal Information may be collected in relation to:

(i) interaction with our representatives;

(ii) making purchases;

(iii) receiving notifications by text message or email about marketing;

(iv) receiving general emails from us; and

(v) commenting on content on our Website, or participating in our forums, bulletin boards, chat rooms or similar features.

By completing the registration process, you consent to our collection, storage, use and disclosure of your Personal Information in accordance with this Privacy Policy.

(b) UNREGISTERED USERS: If you are a passive user of the Website and do not register, you may still be subject to certain passive data collection ("Passive Data Collection"), which may include cookies, IP address information, location information and certain browser data such as history and session information.

(c) ALL USERS: The Passive Data Collection that applies to unregistered users also applies to all other users and visitors of our Website.

(d) SALES & BILLING INFORMATION: In order to purchase Goods on the Website, you will be asked to provide payment card information, billing address information and possibly additional information so that you may be properly charged. This payment and billing information may be retained for the following period: ________, and will be used exclusively to process your purchases and assist you with future purchases.

(e) RELATED ENTITIES: We may share your Personal Information with our parent companies, subsidiaries, affiliates or other trusted related entities, but only where that entity agrees to handle your Personal Information in a manner consistent with this Privacy Policy and applicable law.

(f) EMAIL MARKETING: You may be asked to provide Personal Information, such as your name and email address, for the purpose of receiving electronic marketing communications. Such information is obtained only through your voluntary disclosure, and you will be asked to expressly opt in, consistent with Canada's Anti-Spam Legislation ("CASL").

(g) USER EXPERIENCE: From time to time we may request information to assist us in improving our Website and Goods, such as demographic information or your preferences.

(h) CONTENT INTERACTION: Our Website may allow you to comment on content. If so, we may collect Personal Information at that time, such as your username or email address.

(i) COMBINED OR AGGREGATED INFORMATION: We may combine or aggregate Personal Information to better serve you and enhance our Website. We may share such aggregated information with others only where it does not contain any Personal Information.

§ 7 – PERSONAL INFORMATION WE RECEIVE AUTOMATICALLY

COOKIES: We may collect information from you through automatic tracking technologies (such as your browsing preferences) and through information you volunteer. We use cookies to make your browsing experience easier and more intuitive. Cookies are small strings of text used to store information that may concern the user, the user's preferences, or the device used to access the internet.

A cookie consists of a reduced set of data transferred to your browser from a web server and can only be read by the server that made the transfer. Cookies are not executable code and do not transmit viruses.

You may prevent the use of cookies through your browser settings; however, you may then be unable to use parts of our Website as intended. To proceed without changing your cookie options, simply continue to use our Website.

TECHNICAL COOKIES: Technical cookies (sometimes called HTML cookies) are used for navigation and to facilitate your access to and use of the site. They are necessary for the transmission of communications or to supply services requested by you.

You can manage or request the deactivation or cancellation of cookies through your browser. Doing so might slow down or prevent access to parts of the site.

Cookies may also be retransmitted by an analytics or statistics provider to collect aggregated information on the number of users and how they visit the Website.

Temporary session cookies are deleted automatically at the end of the browsing session, whereas permanent cookies remain active beyond a single session.

THIRD-PARTY COOKIES: We may use third-party cookies, which are sent to your computer by a third party. The majority of third-party cookies are tracking cookies used to identify online behaviour, understand interests and customize advertising. Third-party analytical cookies may be used to detect information on user behaviour on our Website on an anonymous basis. Third-party profiling cookies are used to create user profiles in order to propose advertising aligned with users' choices.

PROFILING COOKIES: We may use profiling cookies, which create profiles related to the user and are used to send advertising to the user's browser. Where such cookies are used, we will obtain your express consent.

BROWSER CONFIGURATION SUPPORT: You can manage cookies through your browser settings. Deleting cookies may remove the preferences you have set for this Website. For further information, you may visit the help page of the web browser you are using.

LOG DATA: Like all websites and mobile applications, this Website makes use of log files that store automatic information collected during user visits, which may include:

- internet protocol (IP) address;

- type of browser and device parameters used to connect to the Website;

- name of the Internet Service Provider (ISP);

- date and time of visit;

- web page of origin (referral) and exit; and

- the number of clicks.

The foregoing information is processed in an automated form and collected in an aggregated manner in order to verify the correct functioning of the site and for security reasons.

For security purposes (spam filters, firewalls, virus detection), the automatically recorded data may include Personal Information such as IP address, which may be used, in accordance with applicable law, to block attempts to damage the Website or harm other users. Such data are never used for identification or profiling, but only for the protection of the Website and our users.

§ 8 – THIRD-PARTY SERVICE PROVIDERS

8.1 We may use third-party service providers ("Third-Party Service Providers") to assist with the operation of our Website and to better serve you, including for information storage (such as cloud storage), usage analytics, hosting, order fulfillment and advertising.

8.2 We may provide some of your Personal Information to Third-Party Service Providers to help us track usage data and improve the Website. Where a Third-Party Service Provider hosts the Website or fulfills orders, it may have access to your Personal Information.

8.3 Some Third-Party Service Providers may be located outside of Canada and may be subject to the laws of foreign jurisdictions. The countries or regions in which our Third-Party Service Providers may be located include:

________

8.4 We share your Personal Information with a Third-Party Service Provider only where that provider agrees, by contract or otherwise, to a comparable level of protection consistent with this Privacy Policy and PIPEDA.

8.5 Notwithstanding the other provisions of this Privacy Policy, we may disclose your Personal Information to a third party in order to protect the rights, property or safety of us, our customers or third parties, or as otherwise required or permitted by law.

8.6 We will not knowingly share your Personal Information with any third party other than in accordance with this Privacy Policy. You may request that we not share your Personal Information with third parties by contacting us by email; however, you may lose access to certain services that rely on third-party providers.

§ 9 – SOCIAL NETWORK PLUGINS

This Website may incorporate plugins and buttons for social networks to allow easy sharing of content. These plugins are generally programmed not to set cookies when accessing the page. Cookies may be set, however, if you voluntarily use the plugin, or if you browse while logged into the social network. The collection and use of information obtained by means of such plugins are governed by the respective privacy policies of the social networks concerned.

§ 10 – SAFEGUARDS AND RETENTION OF PERSONAL INFORMATION

10.1 We use security safeguards appropriate to the sensitivity of the Personal Information, including physical, organizational and technological measures, to protect your Personal Information against loss or theft, and against unauthorized access, disclosure, copying, use or modification.

10.2 No system involving the transmission of information via the internet or the electronic storage of data is completely secure. We take all reasonable steps to protect your Personal Information.

10.3 We retain Personal Information only as long as necessary to fulfill the purposes for which it was collected and to satisfy legal, accounting or reporting requirements. We will delete or anonymize your Personal Information upon request for cancellation of your account or other general request for deletion, subject to applicable legal retention obligations.

10.4 In the event of a breach of security safeguards involving your Personal Information that creates a real risk of significant harm, we will notify you and the Office of the Privacy Commissioner of Canada (and any applicable provincial authority) as soon as feasible, and will maintain records of such breaches, in accordance with PIPEDA.

§ 11 – PURPOSES OF PROCESSING PERSONAL INFORMATION

11.1 We primarily use your Personal Information to provide a better experience on our Website and to provide the services and information you request.

11.2 Information that does not identify you personally may be used for market research or marketing efforts, including interests based on cookies.

11.3 Personal Information that may identify you may be used for the following purposes:

(a) improving your personal user experience;

(b) communicating with you about your account;

(c) marketing and advertising to you, including by email, in accordance with CASL;

(d) fulfilling your purchases;

(e) providing customer service; and

(f) advising you about updates to the Website or related Goods.

11.4 We will not use or disclose your Personal Information for purposes other than those for which it was collected, except with your consent or as required or permitted by law.

§ 12 – DISCLOSURE OF PERSONAL INFORMATION

While our policy is to maintain the confidentiality of your Personal Information as described herein, we may disclose your Personal Information without your knowledge or consent where required or permitted by PIPEDA or other applicable law, including:

(a) to comply with federal, provincial or territorial laws or regulations;

(b) to respond to a subpoena, warrant, court order or other lawful demand from law enforcement or a governmental, regulatory or legal body having jurisdiction;

(c) to bring or defend a legal claim, or against a user who has violated the law or the terms of use of our Website;

(d) as necessary for the operation of our Website;

(e) to cooperate with a lawful investigation; and

(f) where we suspect fraudulent or unlawful activity on our Website.

§ 13 – CHILDREN AND MINORS

13.1 The Website is not directed at children, and we do not knowingly collect Personal Information from a minor without the consent of a parent or guardian. Where we collect information from a minor, we will obtain consent from a parent or guardian where required by law. The information we may collect from a minor is as follows:

________

13.2 We do not allow minors to make their Personal Information publicly available, and we do not require a minor to disclose more information than is reasonably necessary to interact with our Website. Information collected from a minor under this clause is collected for the following specific purpose:

________

13.3 A parent or guardian of a minor may review the Personal Information of their child and request that it be corrected or deleted, may consent to collection and use without consenting to disclosure to any other party, and may refuse to permit further collection or use, by contacting us at ________.

§ 14 – PUBLIC INFORMATION

We may allow users to post their own content or information publicly on our Website, such as photographs, status updates, blogs, articles or other personal content. Any information or content you post publicly should be considered entirely public, and we do not purport to maintain the privacy of such public information.

§ 15 – OPTING OUT OF COMMUNICATIONS (CASL)

15.1 From time to time, we may send you commercial electronic messages related to our Website, in accordance with Canada's Anti-Spam Legislation. Each such message will identify us, provide our contact information and include a functioning unsubscribe mechanism.

15.2 To withdraw your consent or opt out of such communications, you may contact the following email address: ________, or use the unsubscribe link provided at the bottom of any such communication. We will give effect to your request promptly, and in any event within the period required by law.

15.3 Even if you opt out, you may still receive non-commercial communications from us that are specifically about your use of our Website or about your account.

§ 16 – ACCESSING, MODIFYING AND DELETING YOUR INFORMATION

If you wish to access, modify or delete any Personal Information we hold about you, you may do so through your account settings page or by contacting us using the information in § 19. We will respond to such requests in accordance with § 18 and applicable law.

§ 17 – ACCEPTANCE OF RISK

By continuing to use our Website or our Goods in any manner, you manifest your continuing assent to this Privacy Policy. You acknowledge and agree that transmission of information via the internet is not always completely secure, no matter what steps are taken, and that you transmit such information at your own risk. Nothing in this clause limits our obligations under applicable privacy law.

§ 18 – YOUR RIGHTS

Subject to applicable law and to certain exceptions, you have the following rights in relation to the Personal Information we hold about you:

(a) RIGHT OF ACCESS: You may request access to the Personal Information we hold about you and information about how it is used and disclosed, including the names of any third parties or types of third parties to whom it has been disclosed.

(b) RIGHT TO CORRECTION: You may request that we correct any inaccurate or incomplete Personal Information we hold about you.

(c) RIGHT TO DELETION: You may request that we delete the Personal Information we hold about you, subject to legal and contractual restrictions.

(d) RIGHT TO WITHDRAW CONSENT: You may withdraw your consent to our collection, use or disclosure of your Personal Information at any time, subject to legal or contractual restrictions and reasonable notice; withdrawal does not affect the lawfulness of processing before withdrawal.

(e) RIGHT TO COMPLAIN: You may file a complaint with us or with the Office of the Privacy Commissioner of Canada or the applicable provincial privacy authority if you believe your privacy rights have been infringed.

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§ 19 – CONTACT INFORMATION

If you have any questions about this Privacy Policy or our information-handling practices, or if you wish to make a complaint, you may contact us at the following email address: ________, or in writing at the address set out in § 3.

§ 20 – AMENDMENTS TO THIS PRIVACY POLICY

We may amend this Privacy Policy from time to time. The amended Privacy Policy will be posted on the Website with an updated Effective Date and will take effect upon posting, unless otherwise required by law. Your continued use of the Website following the posting of an amended Privacy Policy constitutes your acceptance of the amendments.

§ 21 – GOVERNING LAW

This Privacy Policy is governed by and construed in accordance with the laws of the Province of ________ and the federal laws of Canada applicable therein, without regard to conflict of laws principles. The Parties attorn to the exclusive jurisdiction of the courts of the Province of ________.