Privacy Policy

 

Last Updated: August 5, 2020

 

This privacy policy (this “Policy”) describes how and why Instant Autographs Inc. (“IA”, “we”, “us” or “our”) may collect and use your personally identifiable information (“Personal Information”) through our website (instantautographs.com), mobile application, and the services we provide through them (collectively, the website, mobile application, and services referred to as our “Platform”), and how that information may be used and shared with third parties. 

 

We urge you to read this Policy carefully before using our Platform and in order to gain a clear understanding of how we may collect, use or disclose your Personal Information in the course of providing you with our products or services, and your use of our Platform.

 

By using our Platform or otherwise interacting with us or sending us Personal Information, you consent to the collection, use and disclosure of your Personal Information by us in accordance with the terms of, and for the purposes set out in, this Policy.

 

You are under no obligation to provide Personal Information to us or submit Personal Information through our Platform.  However, your refusal to do so may prevent you from using certain portions of our Platform or completing the purchase of Products.

 

If you have any hesitations or are unsure about any of the terms contained herein, we invite you to connect with us at the contact details provided below. If you have any objections to the terms in this Policy, you should not use our Platform or provide us with any of your Personal Information.

 

1. Understanding this Policy

 

This Policy should be read together with our Terms of Use (the “Terms”) before you use our Platform or purchase any Products.

 

This Policy does not cover anonymized aggregated data from which the identity of an individual cannot be determined. We reserve the right to use anonymized data in any way we determine appropriate.

 

Capitalized words that are used in this Policy, but that are not defined in this Policy, have the meanings given to them in the Terms.

 

2. Collection of Personal Information

 

We may collect the following Personal Information when you contact us, create an account on our Platform, purchase a Product, use our Platform or otherwise provide us with information about you:

 

• Identity Data. We collect the Personal Information that you provide to us, which may include, but is not limited to: (i) basic information like your first and last name, date of birth, contact information (such as address and telephone number), and payment information; (ii) information about your use of our Platform; and (iii) analytical information, including, but not limited to, your login data, browser type and version, time zone setting and location, browser plug-in and versions, operating system and other technology on the devices you use to access our Platform.

 

• Account information. When you use our Platform as a registered user, you need to create an account with us. In order to create a registered user account, you will need to provide us with login credentials (which include your email address and password), your name, and certain other information.

 

• Communication. In certain circumstances you may be able to post comments, leave feedback, and correspond with a person on and through our Platform or other social media accounts. Content, including such comments, feedback, and notes you choose to post through our Platform and such other media are available to the public by default. You may also contact us via a contact form, email, or by other means (for example, with questions about our Products, for customer support, or to let us know your ideas for new products or modifications to existing products). When you do so, we collect the information you choose to provide us, such as your contact details, any images you choose to upload and the contents and nature of your message. Any information that is disclosed in these areas becomes public information for both us and other users to use and share.

 

• Information about Others. You can choose to provide us with information relating to third parties, including their names, email addresses, or phone numbers (collectively, “Third-Party Data”).

 

3. Third-Party Data

 

If you use any feature of our Platform that allows you to communicate with third parties (such as to deliver a Product to a third party, refer a third party to our Platform, or communicate with a third party regarding a campaign or promotion), either by submitting Third-Party Data to our Platform or otherwise permitting our Platform to automatically access Third-Party Data in your possession, you acknowledge and agree that you have the authority of the relevant third party for us to access and use the relevant Third-Party Data and that you have notified these third parties and informed them how their information is collected and used by us in connection with our Platform.

 

We may use Third-Party Data to (i) deliver Products to third parties identified by you as the recipients of those Products on the check-out page of our Platform, and/or (ii) contact such third parties using the Third-Party Data provided for the purpose for which such Third-Party Data was provided.

 

4. Information Collected Passively or Automatically

 

• General Usage Data. When you use our Platform, we may collect certain information by automated means (“Automatic Information”), such as through server log files, cookies (described further below), web beacons (also known as clear GIFs and pixel tags, which may be used to transmit information back to our Platform), and embedded scripts (programming code that is designed to collect information about your interactions with our Platform, such as the links you click on). Automatic Information will not be published or made public through our Platform.

 

• Location. When you use our Platform on your computer, mobile device, or other device, the Internet Protocol address (IP address) information may be communicated to us. If we collect and subsequently store such information, it will be in a form that does not personally identify you.

 

• Marketing & Communications Data. We collect your preferences in receiving marketing collateral from us and from certain third-parties, in addition to, your communication preferences.

 

• Cookies. When you visit our Platform, we may collect certain information about your activity on our Platform, often known as “cookies”. For further clarification, cookies are alphanumeric identifiers that are stored on your device with which you access the Platform. These cookies allow us to adjust our Platform to meet your personal browsing preferences. If your browser is not set to allow cookies, you may not have access to all areas or features of our Platform.  The information we collect in this manner may include details about the computer, mobile phone, or other device used to access our Platform (such as browser type, operating system, and IP address), referring URLs and information on actions taken or interaction with our digital assets.  Third party vendors may also use cookies to serve you ads based on your visit to our Platform. You may opt out of third-party vendor's use of cookies for personalized advertising by visiting their website or by visiting https://youradchoices.ca/choices/ (and, for example, you may opt out of Google’s personalized advertising by visiting “Ad Settings” on the Google homepage).  

 

5. Consent to Our Collection of Your Information

 

We only collect Personal Information for purposes that would be considered reasonable in the circumstances and only such information as is required for the purposes of operating our Platform and providing the Products and services. We use only fair and lawful methods to collect Personal Information.

 

• Consent. Unless permitted or required by law, your Personal Information is not collected, used or disclosed by us without first obtaining your consent. By using our Platform, or otherwise interacting with us, you consent to the collection, use and disclosure of your Personal Information by us in accordance with the terms of and for the purposes set out in this Policy. However, we may seek consent to use and disclose Personal Information after it has been collected in those cases where we wish to use the information for a new or different purpose, where the individual concerned has not already consented to such a use of their Personal Information.

 

• Withdrawing your Consent. In most cases and subject to legal and contractual restrictions, you are free to refuse or withdraw your consent at any time upon reasonable, advance notice. Your withdrawal of consent will not operate retroactively. It should be noted that in certain circumstances, our Platform can only function effectively for you, and you may only be able to purchase Products, if you provide us with your Personal Information. Consequently, if you choose not to provide us with the required Personal Information, you may not receive full functionality of our Platform and you may not be able to purchase any Products.

 

Even if you have opted out of receiving marketing communications from us, please be aware that we may still contact you for other purposes. For example, we may contact you to provide communications you have consented to receive, regarding the products or services we provide to you, or if you contact us with an inquiry.

 

6. Use of Your Information

 

We use Personal Information for the purposes stated or implied at the time of collection, which may include the following purposes:

 

• Communication. We may use the information we collect to contact you for administrative purposes. For instance, if you contact us by email, we will use the information you provide to answer your question or resolve your problem.  We may also use the information we collect to send you communications relating to our Platform, such as updates on promotions and events and the Products, or otherwise relating to the Products and/or other products and services offered by us, our Talent, and/or other third parties, and other communications about products or services we believe will be of interest to you. For example, we can send periodic emails to registered users of our Platform (i.e. those who have created an account) relating to their recent interactions with our Platform, including in respect of their expression of interest in a product or service. You may update your communication preferences anytime by writing us at mvh@instantautographs.com.

 

• Providing the Services. We use the information we collect to operate, maintain, and provide our Platform such as enabling access to our Platform, customer support or to complete transactions, which may include sharing your information with the stakeholders relevant for the execution of a transaction in relation to monies or sharing of a person’s status as a certified individual. 

 

• Analytics and Product Development. We do not currently, but may in the future use the information we collect to analyze data usage trends and preferences in order to improve the accuracy, effectiveness, security, usability or popularity of our Platform. Certain third parties whose tools we utilize (e.g. Google Analytics) involve technologies described earlier (cookies, tags, beacons) that obtain certain information and drive certain functionality and improvements, require such third parties to collect and store such information (in accordance with their own privacy policies).

 

• Customization. We use the information we collect, such as device identifiers, to learn how users interact with our Services in order to personalize the content of our Services and improve the performance of the Website.

 

• Legal. We use information we collect to comply with laws, defend our legal rights, and enforce our Terms. 

 

7. Transfers and Disclosures of Personal Information

 

Other than as disclosed in this Policy, we will not disclose Personal Information to any external organization without your consent unless we are required or permitted to do so by law, including in the event of a corporate amalgamation, reorganization, change of control or sale.

 

We reserve the right to transfer any Personal Information we have in the event that we merge with or are acquired by a third party, or should a third party acquire all or part of our organization or its assets, or should any such transactions be proposed.

 

8. Storage, Security and Retention

 

Your Personal Information may be stored both inside and outside of Canada. In the event that we transfer Personal Information to a service provider that is located in a jurisdiction outside of Canada, the privacy laws of that jurisdiction will apply.  Those laws may offer different levels of protection from privacy laws in Canada. When transferred or stored outside of Canada, or transferred to a service provider outside of Canada, your Personal Information may be subject to access by and disclosure to law enforcement agencies under the applicable foreign legislation.

 

We take commercially reasonable steps to protect the security and confidentiality of your Personal Information. We store Personal Information in electronic and physical files that are secure, and our security measures include secure on-site and off-site storage, restricted access to records and data processing equipment, password protocols, and encryption and security software.

 

We keep your Personal Information only as long as it is required for the reasons it was collected. The length of time we retain information varies, depending on the purpose for which it was collected and the nature of the information. This period may extend beyond the end of your relationship with us but it will be only for so long as it is necessary for us to have sufficient information to respond to any issues that may arise at a later date. As such, we may keep your account information after the termination of your account.

 

9. Third Party Privacy Policies

 

In the course of engaging with us and our Platform, you may also use the media, tools or resources (e.g., for payment processing such as PayPal) of a third party.  In those cases, the privacy policy of that third party may apply to you. We encourage you to read and review each privacy policy that applies to you as the terms of our Policy may differ from the terms contained in the privacy policies of those third parties. In addition, and notwithstanding any other sections of this Policy, we are not responsible or liable, directly or indirectly, for any damage or loss suffered by you that is caused or alleged to be caused by or in connection with the privacy policy of a third party.

 

10. Changes to this Policy

 

We may revise this Policy from time to time.

 

Therefore, it is recommended that you access and read it periodically. You will know if changes have been made because the “last updated” date at the beginning of this Policy will be updated. All substantial changes made to this Policy will be notified on our Platform website, or by other means of communication at our sole discretion, and will take effect immediately. If you do not agree to the terms of this Policy or to the Terms or any of our other policies, agreements, or disclaimers, you should exit our Platform and cease use of our Platform immediately. Your continued use following the posting of any changes to this Policy means you agree to be bound by the terms of this Policy.

 

11. Accessing Your Information

 

You have a reasonable right to access and review (and request corrections be made to) the Personal Information we have collected and are storing about you.  We will endeavour to provide the information in question within a reasonable time. Before we grant you access to the information, or before we make any requested corrections to the information, we may require that you verify your authorization to access and correct the information.  Your access to and review of Personal Information may be limited or restricted to protect our confidential business information, solicitor-client privileged information, or the Personal Information of other individuals, as permitted or required by applicable laws.  We will not generally charge you for verifying or correcting your information.  However, to the extent permitted by applicable law, there may be a minimal charge imposed if you need a copy of records.

 

12. Contacting Us

 

We will strive to keep all Personal Information in our files complete, up-to-date and accurate.

Any questions, comments or concerns relating to this Policy, and any requests to correct or access Personal Information collected during your use of the Services, should be directed to us by email at mvh@instantautographs.com.