(a) LICENSE AGREEMENTS
(b) CONSENT AND AGREEMENT TO BE BOUND
(ii) YOU MAY ALSO HAVE PROVIDED CONSENT THROUGH Google Play, App Store or other comparable marketplaces (the “Digital Distribution Platform”). There are certain types of device data that the Product and/or Service cannot access without Your consent. The various application marketplace platforms that Company serves the Product and/or Service through will notify you the first time the Product and/or Service requires permission to access certain types of data and will let You decide to consent to that request. You further agree to abide by all the terms in the Digital Distribution Platform end user licensing agreement, or any other applicable application store (“Digital Distributor”) agreement, so long as such agreement does not conflict with the terms herein or the License Agreements.
(c) CONSENT TO COLLECTION AND ANALYSIS OF THE INFORMATION YOU PROVIDE TO US
(ii) CONSENT TO PROCESS THIRD PARTY DATA YOU SEND TO US IS YOUR RESPONSIBILITY. Any data sent to Company for processing by You is considered to be third party data (“Third Party Data”). For all Third Party Data, consent required upon collection of third party data shall be obtained by the You (“Third Party Data Consent”).
(iii) CONSENT TO RECEIVING COMMUNICATIONS FROM US: When You sign up for an account, You are opting in to receive emails from the Company for administrative or technical issues and You may occasionally receive the Company newsletters.
b. WE WILL NOT REQUEST CONFIDENTIAL PERSONAL INFORMATION: Company will never send email messages to customers requesting confidential information such as passwords, credit card numbers, or social security or social insurance numbers. Please do not act on any such emails as You may compromise Your Personal Information by replying or by following links to a fraudulent website.
(g) CONTACT INFORMATION: If You have questions or concerns regarding Company's policy or practices, please contact Company's privacy officer by email at email@example.com or at the following address: 20 Roy Boulevard, Unit 15, Brantford, Ontario, N3R 7K2, Canada.
2. COLLECTION OF USER INFORMATION INCLUDING PERSONAL INFORMATION
(b) COLLECTION OF PERSONAL INFORMATION: When You use the Product and/or Service, Company stores certain information about Your device and Your activities that You provide to Company and that Company automatically collects, including:
(i) REGISTRATION INFORMATION: Your user registration information which includes the following personal information (“Personal Information”): first and last name, email address and photograph if You supply one to Company as Your personal avatar;
(ii) TECHNICAL INFORMATION: technical information about Your device, including, but not limited to, the type of device, OS version, GPS location (including the latitude, longitude or altitude of your device) and the time it was recorded, data, time zone, IP address, internet provider, unique mobile device identifier, other browser information (e.g., size, connection speed and connection type. GPS location data is deidentified and anonymized upon the termination of this Agreement or the cancellation of your user account.
(iii) USER PREFERENCES COLLECTED AUTOMATICALLY: Your User Preferences which Company will collect and determine automatically through Cookies and traffic data as described below;
(iv) USER PREFERENCES SUPPLIED BY YOU: Your user experience preferences and settings (time zone, language, etc.), as well as content and usage preferences (collectively, the “User Preferences”); and
(v) CONTENT SUPPLIED BY YOU: Company collects content that You upload, post, and/or share to Company's Product and/or Service which includes Company's Social Media Services.
(c) METHODS OF COLLECTION
We may collect electronic information from You from the following sources:
(i) COLLECTION OF INFORMATION AT REGISTRATION. Registration is required if You want to use the Product and/or Service. You may need to register twice, once to the Digital Distributor and a second time after You have downloaded the Product and/or Service from the Digital Distributor, using Your electronic device. As part of this registration, Company will require that You submit certain information that is relevant to the purposes of the Product and/or Service and for billing.
(ii) COLLECTION THROUGH SOCIAL MEDIA: If You are logged into social media websites or applications (such as Facebook, Instagram, Twitter, among others, and individually and collectively, “Social Media Services”) on pages and/or locations that are related to Company's Product and/or Service, Company may receive information from such Social Media, in which case Company may collect and store information identifying Your account with the Social Media Services;
(d) PROCESSING OF COLLECTED INFORMATION
3. DATA MANAGEMENT
(a) VALIDATION AND CHANGES TO THE COMPANY'S END USER-INFORMATION
(i) VALIDATION: Company will validate the Personal Information to the best of its ability. Company will validate Personal Information wherever possible and any discrepancies discovered shall be corrected.
(ii) REVIEW OF INFORMATION AND INDIVIDUAL ACCESS. The Company relies on You to ensure that the Personal Information You enter into Company's system is as accurate, complete and up-to-date as necessary for the purposes for which it is to be used. Until the Personal Information Removal Date (as defined below), You may review or update Your Personal Information by submitting a request to review or update Your Personal Information to firstname.lastname@example.org indicating that You are requesting such review or update, subject to the identity verification process set out below, and with the understanding that the Company may make changes to Your Personal Information to meet the technological requirements of Company's networks and media. Unless required to comply by law, Company may reject access or modification requests that are unreasonably repetitive, require disproportionate technical effort, risk the privacy of others, or would be extremely impractical. Where Company can provide information access and correction, and when required by law, Company will do so for free.
(iii) REMOVAL OF YOUR PERSONAL INFORMATION BY US OR BY YOU: At any time and up to seven (7) years after Your License Agreements with Company have been terminated or the maximum time period allowed by Applicable Law as described below, whichever is longer (this is the “Personal Information Removal Date”) the End User may request a copy of all of the End-User’s User Data from the Product and/or Service. After the Personal Information Removal Date, or upon Your specific request to email@example.com to delete the Personal Information, such Personal Information shall be deleted by Company within a reasonable period, unless:
a. INFORMATION MAY BE RETAINED UNTIL A SYSTEM-WIDE BACKUP IS PURGED: such data may continue to temporarily persist in Company's system-wide business recovery back-ups (if any) until such time as the system-wide business recovery backup is deleted and replaced with data that does not include data collected during Your agreement term; however, You have no expectation of data retention whatsoever and acknowledge that backing up of Your own data is Your responsibility; or
b. INFORMATION MAY BE RETAINED IF REQUIRED TO COMPLY WITH LAW: such data may continue to temporarily persist to the extent that such information is required to be retained for compliance with Applicable Law (for example, to prevent, investigate, or identify possible wrongdoing in connection with the Product and/or Service or to comply with legal obligations) and until such time as such information is no longer required for this purpose, however, You acknowledge that recovery of data is not permitted by You from within this system under these circumstances unless Company is required and compelled to do so by law, and in such event, at Your sole expense.
(iv) CHANGE REQUESTS MAY REQUIRE IDENTITY VERIFICATION ON YOUR PART: When updating Your Personal Information, Company may ask You to verify Your identity before Company can act on Your request.
(v) TRACKING YOUR PREFERENCES. Company will capture and manage all End-User and Client privacy preferences. To change any privacy preferences, End-Users or Clients should submit such changes to firstname.lastname@example.org. Any change to preferences will not be retroactive and will only be applicable to User Data collected after the change in preference is received by the Company.
(b) STORAGE AND RETENTION
(ii) DATA RETENTION:
a. OF NON-PERSONAL INFORMATION: Data that is non-Personal Information may be kept by Company for an indefinite period however, this does not constitute a guarantee that Company will keep the data indefinitely. If a User or Client would like to ensure that data is indefinitely kept, that can be requested, upon written agreement of the parties of a custom services plan. This data will primarily be used in aggregate and anonymized format to drive business intelligence and analytics.
b. OF PERSONAL INFORMATION: Personal Information data will be kept until the Personal Data Removal Date (as defined above), with such deletion to be initiated by Company or by the User, in the manner described above in the section entitled “Removal of Personal Information By Company or by You.”
c. DATA RECOVERY BY YOU: Other than information that Company is required to retain and provide to You by law, You should have no expectation of data retention whatsoever. From time to time the Company will create a backup of all data in the Company’s system. This backup is for use by the Company only in the case of disaster recovery or to maintain business operations in the case of an emergency. No data will be backed up (except for such disaster recovery purposes and Company's internal usage). Backing up of Your own data is Your responsibility.
d. DATA RESTORES: The Company will not restore data unless it is available and then only if the Company determines, in its sole discretion that a data recovery is necessary.
e. PERIODIC AUDIT. Company will perform routine audits at its sole discretion or on a schedule as required by Applicable Law to confirm deletion of the data has occurred in the manner described above in the section entitled “Removal of Personal Information By Company or By You.”
(c) SECURITY MEASURES: Company takes Your privacy very seriously. If You have a security related concern, please contact Company at the contact details provided above. Company will work closely with You to ensure a quick and personal response to Your concerns. In addition, Company restricts unauthorized access through protective policies, procedures, and technical measures, including:
a. SAFEGUARDS PROVIDED BY YOU: To keep Your Personal Information secure, You are required to safeguard Your End-User name and password information in accordance with the License Agreements.
b. SAFEGUARDS PROVIDED BY US: Company will provide physical and electronic safeguards with regard to the storage of Personal Information as required by law, however, and pursuant to disclaimer provided in the License Agreements, You understand that in order for the Company to operate the Product and/or Service, End-User Data may be transmitted by You to the Company over the internet, public networks or otherwise, and You acknowledge that that no such data transmission can be guaranteed to be completely secure, and that, beyond Company's requirements to provide a warranty on information security as required by law, Company cannot warrant the security of any information You transmit to us, and that You do so at Your own risk.
c. ACTIONS IN THE EVENT OF DATA BREACH. A “Data Breach” is defined as any non-authorized access to the storage locations of the data, or access to a storage location by an individual that is potentially suspected of having performed non-authorized activities. In the case where a Data Breach has occurred, if the Company believes that the breach creates a real risk of significant harm to the end-users, the End-User and Client will be notified in the manner as required by law, and all details regarding the impact to the End-User and Client will be shared.
(d) TRAINING COMPANY’S STAFF IN DATA MANAGEMENT:
a. TRAINING OF COMPANY’S STAFF FOR HANDLING PERSONAL INFORMATION: Company's employees and contractors are required to adhere to standards and policies to ensure that Personal Information is secure and treated with the utmost care and respect. Furthermore, Company limits access to Your Personal Information to those employees or contractors who Company reasonably believe need to come into contact with that information in order to do their jobs and Personal Information will only be reviewed if anonymize of otherwise accessed on a “need-to-know” basis.
4. DATA USAGE SCHEDULE TO THE PRODUCT AND/OR SERVICE LICENSE AGREEMENT
(a) USE AND DISCLOSURE OF PERSONAL INFORMATION. Company will not use or disclose Personal Information other than the purposes identified below (individually and collectively, the “Purpose”):
(i) TO COMMUNICATE WITH YOU AND TO PROVIDE CUSTOMER SERVICE: To Provide Customer Service and support, administrative messages, updates, and security alerts, to resolve disputes, and to troubleshoot problems;
(ii) TO IMPROVE COMPANY’S PRODUCT AND/OR SERVICE: To fulfill Your requests or Company's Product and/or Service roadmap for certain features of the Product and/or Service, to customize, measure, and improve the Product and/or Service including by analyzing trends, tracking user movements on the Product and/or Service, gathering demographic statistics about Company's user base as a whole, and to assist Company to measure Company’s performance and effectiveness of Company’s content, and to share Company's performance information with others;
(iii) TO IMPROVE COMPANY’S CONTENT AND MARKETING: Company may post Your social media content, testimonials, and other information provided by you;
(iv) TO FULFIL COMPANY’S BUSINESS GOALS: to directly or indirectly offer or provide You with Product and/or Services and services that are based on Company's analysis of Your needs as determined by Company's analytics and the analytics of Company's third-party processors, unless You opt out;
(vi) IN THE EVENT OF AN ACQUISITION OF COMPANY’S COMPANY. In the event that the Company, or all or a portion of Company's business, or one or more of its divisions, is acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation, liquidation or another similar transaction, Your Personal Information shall be one of the transferred assets. To the extent that Company is required to do so by law, You will be notified of any changes in ownership or uses of Your Personal Information;
(ix) TO PROCESS PAYMENTS: To use certain services on the Product and/or Service, Company may require debit or credit card account information (“Debit or Credit Card Information”). By submitting Your Debit or Credit Card Information through the Product and/or Service, You expressly consent to sharing of Your information with third-party payment processors and other third-party service providers;
(xi) And to fulfill other purposes related to Company's Product and/or Service, subject to Your explicit consent if consent is required by law.
(e) RIGHTS TO CONTENT PROVIDED BY THE END-USER
(i) FOR INFORMATION YOU PROVIDE. By posting content on the Application (the “User Data”), the End-User and Client jointly hereby grants to the Company a worldwide, non-revocable, non-exclusive, perpetual, royalty-free, and sub-licensable right to use, create derivative works of, modify, and to distribute (including without limitation, distribution online, through multiple channels, and bundled with other applications or materials) such content, and further, the agrees to waive any moral rights to such User Data, and agrees that the Company may modify or adapt the User Data in order to transmit, display or distribute it over other applications and in various media. The Client and/or End-User agrees that the Client and/or End-User will individually and jointly defend, indemnify and hold harmless the Company from and against any Claims (as defined in the Agreement) arising from the nature of the content submitted and/or the ownership of End-User Data and any claims of infringement of third-party intellectual property related to such End-User Data.
(ii) FOR INFORMATION WE AUTOMATICALLY COLLECT. Company Collection and Analysis of Data. The Company creates benefit to all of its Clients and End-Users by analyzing the Company Data for the purposes of Product and/or Service improvements. The Client and/or End-User agrees that the Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Company Product and/or Services and related systems and technologies, and the Company will be free (during and after the Initial Term or subsequent Renewal Term) to (i) use such information and data to improve and enhance the Company Product and/or Services generally, (ii) for other development, diagnostic and corrective purposes in connection with the Product and/or Services and Services, and (ii) disclose such data solely in aggregate, anonymous, and non-identifiable form that is in no way connected Client and/or End-User or its business.
5. LIST OF THIRD-PARTY PROVIDERS AND END-USER DATA STORAGE PROVIDERS - Zoho Corporation - Amazon Web Services - Aptum Technologies - Shopify