This policy applies to 1615485 Ontario Inc., operating as BrandActive, BrandActive (USA) Inc., and BrandActive International Inc.’s (“BrandActive”) collection, use, storage and disclosure of information by BrandActive on its (a) websites, including all its divisions, subsidiaries and related companies (collectively, the “Websites”), (b) on various third party websites, and (c) to BrandActive Other Information collection, including the acquisition of customer information from third parties. BrandActive has drafted this policy to comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”), in addition to global requirements and directives such as the European Union General Data Protection Regulation (GDPR) (“Applicable Data Protection Laws”). BrandActive is not responsible for the information collection or privacy practices of third party web sites or applications but will not knowingly transfer data to third parties with non-compliant information collection or privacy practices as per Applicable Data Protection Laws. Any capitalized terms not defined herein, shall have the meanings ascribed thereto in PIPEDA or the GDPR, as applicable.
Collection of Personal Information for Processing
- Data Processor. BrandActive collects information from individuals by various methods. As a Data Processor, such information is collected by BrandActive on behalf of BrandActive’s customers (“Customers”), who engage BrandActive as a marketing and advertising consultant. BrandActive is not a Data Controller in the provision of its services for Customers. For clarity, Customers of BrandActive are Data Controllers.
- Third Party Information. BrandActive collects information from individuals when an individual provides information to a third party and BrandActive subsequently purchases, licenses, or otherwise acquires the information from the third party (the “Seller”), such as through participation in a Third Party’s loyalty rewards program. Such purchased or acquired information may include, but is not limited to, an individual’s name, email address, street address, postal code, telephone numbers (including cell phone numbers and carriers), birth date, gender, salary range, credit card information, education and marital status, occupation, member points balance, industry of employment, personal and online interests, and such other information as the individual may have provided to the Seller (together, “Third Party List Information”). When acquiring Third Party List Information, BrandActive seeks assurances from the Seller that the Seller has a right to transfer the Third Party List Information to BrandActive and that the Seller has a right to provide offers from advertisers to the individuals whose personal information is included on the Seller’s list. Any acquisition of Third Party Information shall always be compliant with Applicable Data Protection Laws.
- Cookies, Web Beacons, and Other Info Collected Using Technology (“Technology Information”).
- Cookies. A cookie is a small amount of data stored on the hard drive of the individual’s computer that BrandActive may use from time to time. This allows BrandActive to identify the individual with his or her corresponding data that resides in their database. BrandActive ensures that cookies, if used in any of its activities, are compliant with Applicable Data Protection Laws.
- Web Beacons. A web beacon is programming code that can be used to display an image on a web page, but can also be used to transfer an individual’s unique user identification (often in the form of a cookie) to a database and associate the individual with previously acquired information about an individual in a database. This allows BrandActive to track certain websites an individual visits online. Web beacons are used to determine products or services an individual may be interested in, and to track online behavioral habits for marketing purposes.
- New Technology. The use of technology on the Internet, including cookies and web beacons, is rapidly evolving, as is BrandActive’s use of new and evolving technology. As a result, BrandActive STRONGLY ENCOURAGES INDIVIDUALS TO REVISIT THIS POLICY FOR ANY UPDATES REGARDING ITS USE OF TECHNOLOGY.
- Outside Information. BrandActive may receive information about individuals from third parties or from other sources of information outside of BrandActive including information located in public databases (“Outside Information”).
- Individual Information- As used herein, Individual Information means Third Party Information, Technology Information, and Outside Information, and any other information BrandActive gathers or receives about natural persons as Data Processor.
- No Information Collected from Children. In compliance with the Children’s Online Privacy Protection Act (“COPPA”) , BrandActive will never knowingly collect any personal information about children under the age of 13. If BrandActive obtains actual knowledge that it has obtained personal information about a child under the age of 13, the information will immediately be deleted from our database. BrandActive does not collect such information and therefore does not disclose such information to third parties.
- BrandActive may, if its Customers consent, hire vendors or sub-contractors (“Vendors”) to assist it in providing services to its clients. BrandActive requires its vendors to abide by all applicable laws, including PIPEDA and GDPR, as a condition of working with BrandActive, including not sub-contracting any such work without the permission of the Data Controller.
Use of Individual Information
- Discretion to Use. BrandActive MAY USE INDIVIDUAL INFORMATION FOR ANY LEGALLY PERMISSIBLE PURPOSE IN ITS SOLE DISCRETION. The following paragraphs describe how BrandActive currently uses Individual Information, but BrandActive may change or broaden its use at any time. As noted above and below, BrandActive may update this policy from time to time. BrandActive may use Individual Information to provide promotional offers to individuals by means of email advertising, online banner advertising, and other digital or physical advertising opportunities, among other possible uses. If you do not wish us to use personal information about you to promote or sell our products and services or to sell, transfer or otherwise provide personal information about you to third parties, please inform us by contacting the Data Protection Officer at firstname.lastname@example.org and we will honour your request.
- Targeted Advertising. BrandActive uses Individual Information to target advertising to an individual. When an individual is using the Internet, BrandActive uses Technology Information to associate an individual with that person’s Individual Information, and attempt to show advertising for products and services in which the person has expressed or indicated an interest by means of Technology Information or otherwise. BrandActive may, in its discretion, target advertising by using email, cell phones, banner ads and other means of communication to provide promotional offers. BrandActive and its Customers may use Individual Information to advertise to individuals through telephones, cell phones and other mobile devices, but only to the extent this permitted by Applicable Data Protection Laws.
- Use of Technology Information. BrandActive uses Technology Information (1) to match a person’s Third Party List Information to other categories of Individual Information to make and improve profiles of individuals, (2) to track a person’s online browsing habits on the Internet and (3) to determine which areas of applicable web sites are most frequently visited. This information helps BrandActive and Customers to better understand the online habits of individuals so that they can target advertising and promotions to them.
- Individual Profiles. BrandActive may use Individual Information to make a profile of an individual. A profile can be created by combining Third Party List Information with other sources of Individual Information such as information obtained from public databases or particular web tools.
- Storage of Individual Information. BrandActive temporarily stores the Individual Information in a database on its computers or servers. BrandActive has security measures (such as a firewall) in place to protect against the loss, misuse, and alteration of the information under BrandActive’s control. Notwithstanding such measures, BrandActive cannot guarantee that its security measures will prevent computers from being illegally accessed, and the Individual Information on them stolen or altered. BrandActive will notify its Customers in the event of a data breach as required by Applicable Data Protection Laws.
Dissemination of Individual Information.
- Sale or Transfer to Third Parties. BrandActive MAY SELL OR TRANSFER INDIVIDUAL INFORMATION TO THIRD PARTIES FOR ANY LEGAL PURPOSE IN BRANDACTIVE’S SOLE DISCRETION. If you do not wish us to use personal information about you to promote or sell our products and services or to sell, transfer or otherwise provide personal information about you to third parties, please inform us by contacting the Data Protection Officer at email@example.com and we will honour your request.
- Legal Process. BrandActive may disclose Individual Information to respond to appropriate legal requests.
- Direct Mail and Telemarketing. BrandActive and its Customers use Individual Information to advertise, directly or indirectly, to individuals using direct mail marketing or telemarketing using telephones and cell phones.
- Summary Data. BrandActive may sell or transfer non-individualized information, such as summary or aggregated anonymous information about all persons or sub-groups of persons.
- Access and Portability. Individuals have access to their Individual Information collected to provide an opportunity for an individual to correct, amend, or delete such information. Access can be obtained by contacting the data protection officer using the contact information provided below. BrandActive may also grant advertising clients and email services providers access to an individual’s email address to verify the origin of the Individual Information collected. Where relevant, Individuals will have the right to receive any personal information collected about them by BrandActive, recognizing that as a Data Processor, BrandActive regularly erases such information after transmitting same to the Data Controller.
- Right to Erasure. Individual Information will only be stored or used by BrandActive for only such period of time as is reasonably necessary to process the data for its customers and such Individual Information shall be deleted or returned to the Data Controller as soon as commercially practicable.
- Processing only on behalf of Data Controller. BrandActive will only process information for the Data Controller in the manner the relevant Data Controller instructs BrandActive. BrandActive does not have control over the purposes and means of processing the Individual Information.
Privacy Practices of Third Parties.
- Advertiser cookies and web beacons. Advertising agencies, advertising networks, and other companies (together, “Advertisers”) who place advertisements on the Websites and on the Internet generally may use their own cookies, web beacons, and other technology to collect information about individuals. BrandActive does not control Advertisers’ use of such technology and BrandActive has no responsibility for the use of such technology to gather information about individuals.
- Links. The Websites and email messages sometimes contain hypertext links to the web sites of third parties. BrandActive is not responsible for the privacy practices or the content of such other web sites. Linked web sites may contain links to web sites maintained by third parties. Such links are provided for your convenience and reference only. BrandActive does not operate or control in any respect any information, software, products or services available on such third party web sites. The inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
- Affiliated Companies. BrandActive may disclose, transfer, and sell Individual Information to entities affiliated with BrandActive in BrandActive’s discretion.
- Business Transfers. As we continue to develop our business, we might sell or buy subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise).
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Head Office Address:
400 University Ave #2101, Toronto, ON
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