Overview and Scope
Privacy Rights and Accountability
PIPEDA defines “personal information” broadly as any information about an identifiable individual. Generally speaking, personal information does not include “business contact information” such as the name, job title, business address, or business telephone number of an employee of an organization.
Xemoto obtains your consent before it collects, uses, or discloses your personal information. Normally, Xemoto asks for your consent in writing, but in some circumstances, it may accept your oral consent. Sometimes, your consent may be implied through your conduct with Xemoto.
There may be circumstances where you have provided personal information for an identified purpose, and Xemoto later needs to use that information for a different purpose. In such circumstances, Xemoto will seek your consent to use the information for the new purpose.
Why Xemoto Collects, Uses and Discloses Your Personal Information
Xemoto collects, uses and discloses your personal information for the purposes identified at the time of collection, or as otherwise permitted or required by applicable law, including, as applicable, for the following purposes:
- to manage its business and maintain commercial relationships with you;
- to maintain and develop its systems and databases for managing documents and knowledge;
- as permitted by, and to comply with, applicable legal or regulatory requirements; and
- to further any other purpose for which it has your consent.
Xemoto may also ask for and collect your personal information at certain points throughout the Website. In addition to the information you knowingly provide, Xemoto collects the domain names and IP addresses of its visitors, along with usage statistics (e.g., types of web browsers and operating systems used) and browsing history. This data is used to more efficiently operate Xemoto’s business and administer the Website. As well, Xemoto collects any information you may choose to provide in your communications with it.
How Xemoto Collects, Uses and Discloses Your Personal Information
Xemoto collects your personal information by lawful means and, wherever appropriate, directly from you. Wherever possible, Xemoto limits the amount of personal information it collects, uses or discloses to that necessary and appropriate to more efficiently operate our business.
When Xemoto Discloses Your Personal Information
- when necessary to comply with court orders, regulatory rules, or to satisfy Xemoto’s insurance requirements; and
- in connection with a business transaction involving Xemoto.
Please note that there are circumstances where the use and/or disclosure of personal information may be justified or permitted or where Xemoto may or must disclose information without your consent, in accordance with applicable law. For example, Xemoto may disclose your personal information to a government institution that has asserted its lawful authority to obtain the information or where Xemoto has reasonable grounds to believe the information could be useful in the investigation of unlawful activity, or to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with court rules regarding the production of records and information, or to protect Xemoto’s rights and property. Where obliged or permitted to disclose information without consent, Xemoto will not disclose more information than is required for the purpose that obligates or permits it to disclose such information.
Disclosure of Your Personal Information to Service Providers
When Xemoto may disclose or transfer your personal information to a third party to provide administrative and other services, it uses appropriate measures to ensure that the third party will only use your personal information to perform the services Xemoto has specified. The increasingly global nature of Xemoto’s business sometimes requires it to use administrative service providers who may be located in the United States of America or elsewhere outside of Canada. Accordingly, your personal information may be transferred throughout Canada or outside of Canada and if so, it will be subject to the legal requirements of the applicable foreign jurisdictions, including local requirements to disclose information to courts, law enforcement and national security authorities.
To the extent Xemoto enters into arrangements with service providers, agents and contractors to store, handle or process personal information on its behalf, such as for data processing, document storage software support and office services, Xemoto’s policy will be to require such parties by contractual or other means to provide comparable privacy protection while the information is processed or handled by them.
Where Xemoto Stores Your Personal Information
Your personal information is stored in secured locations and on servers controlled by Xemoto, located either at our offices or at the offices of our service providers. Your personal information may be processed, accessed and/or stored in Canada or another jurisdiction, and will be subject to the laws of that jurisdiction.
Security of Your Personal Information
Xemoto uses the standard safeguards applicable to its industry to protect the security of personal information in its possession, including physical, organizational and technological measures. These measures include:
- premises security;
- restricted access to files that contain personal information;
- technological safeguards like security software and firewalls to prevent hacking or unauthorized computer access; and
- internal password and security policies.
However, no method of transmitting or storing information is completely secure. While Xemoto takes appropriate measures to protect your personal information, there is always a risk that it may be lost, intercepted or misused. Xemoto may exchange electronic versions of documents and e-mails with you using commercially available software that may be vulnerable to attack by viruses and other destructive electronic programs. Xemoto cannot guarantee that all communications and documents sent via e-mail will always be received, or that such communications and documents will always be virus free. Xemoto makes no warranty with respect to the integrity of any electronic communications between Xemoto and you or with respect to the security of any such communications and you consent to Xemoto’s exchange of electronic communications, including confidential documents.
Accessing Your Personal Information
You may ask for access to any personal information Xemoto holds about you. Summary information is available on request.
Subject to certain exceptions prescribed by law, you will be given reasonable access to your personal information and will be entitled to challenge the accuracy and completeness of that information and, to the extent that you have proven such inaccuracy or incompleteness, have it amended as appropriate. Examples of such exceptions include information that is prohibitively costly to provide, information that contains references to other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons, and information that is subject to solicitor-client or litigation privilege.
Updating the Accuracy of Your Personal Information
You can help Xemoto maintain the accuracy of your personal information by notifying Xemoto of any changes to your personal information. If Xemoto holds information about you and you advise us that it is not accurate, complete and up-to-date, Xemoto will take reasonable steps to correct it.
Being Denied Access to Your Personal Information
Your rights to access your personal information are not absolute. Xemoto may deny access when:
- denial of access is required or authorized by law;
- information relates to existing or anticipated legal proceedings against you;
- granting you access would have an unreasonable impact on other people’s privacy;
- protecting Xemoto’s rights and property; and
- your request is frivolous or vexatious.
If Xemoto denies your request for access to your personal information, or refuses a request to correct information, Xemoto will explain why.
Personal Information and Website
The Website may use “cookies”, a technology that installs information on a Website user’s computer to permit the Website to recognize future visits using that computer. Cookies enhance the convenience and use of the Website. The use of cookie technology is common on the Internet, and many Internet browsers are initially set to accept cookies automatically.
Like many other websites, the Website may make use of “per session” and “persistent” cookie technology. Per session cookies track information during an open session and are stored only temporarily in your computer’s memory. Persistent cookies are deposited on a visitor’s computer until they expire or until the visitor deletes the cookies. Information from these cookies help Xemoto analyze traffic patterns to the Website, including the total number of visitors, the geographical location of the visitor, and the types of Internet browsers (e.g., Google Chrome or Internet Explorer) and operating systems (e.g., Windows or Macintosh) that the Website’s visitors use. Xemoto uses this information to facilitate and enhance your online visits. Xemoto does not cross-reference this information with any type of personal information that is voluntarily offered through the Website.
On the Website, like most other commercial websites, Xemoto may monitor traffic patterns, site usage and related site information. This is done in order to optimise its web service. Xemoto may provide aggregated information to third parties, but these statistics do not include any personal information.
The Website may use Google Analytics to collect information, in an anonymous form, about how visitors use the Website, including the number of visitors to the Website and the pages they have visited. Xemoto uses such information to compile reports and to help it improve the Website. By using the Website, you agree to such use of Google Analytics. Should you wish to opt-out of the use of Google Analytics, please click on the following link: https://tools.google.com/dlpage/gaoptout.
The Website may also use third party vendor re-marketing tracking cookies, including the Google AdWords tracking cookie. This means Xemoto may show ads to you across the Internet, specifically on the Google Display Network. Xemoto does not collect personal information through the use of Google’s or any other third party remarketing system. Rather, the third party vendors will place cookies on web browsers in order to serve ads based on past visits to the Website. This allows Xemoto to continue to market its services to those who have shown interest in Xemoto.
Link to Third Party Websites and Social Media Platforms
Our Website may contain links and interactive features with various social media platforms. If you already use these platforms, their cookies may be set on your device when using our Website.
Collecting Personal Information of Children
Our Website and marketing activities are not directed to children under the age of 13, and we do not knowingly collect, maintain, or use personal information from children. If we become aware that we have collected the personal information of children, we will promptly take steps to delete such personal information. If you discover your child has provided us personal information without your consent, please contact us.
Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, accounting, or reporting requirements. Under some circumstances we may anonymize your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.
Serious Privacy Breach Notifications
Xemoto will notify you of any breach of the security safeguards involving your personal information under Xemoto’s control if it is reasonable in the circumstances to believe that the breach creates a real risk of significant harm to you (a “Serious Privacy Breach“). This notice will be conspicuous and given to you in the manner prescribed under PIPEDA as soon as feasible after Xemoto determines that such a breach has occurred.
Likewise, Xemoto will report any Serious Privacy Breach to the Office of the Privacy Commissioner of Canada in the manner prescribed under PIPEDA as soon as feasible after Xemoto determines that such a breach has occurred.
You may review any of your personal information that Xemoto has on file in its offices by contacting us in writing by email or by mail to:
Xemoto Media Ltd.
77 King Street West
Toronto, ON M5K 1H1
Attention: Branka Petrovic
If you are not satisfied with Xemoto’s response, the Privacy Commissioner of Canada can be reached at:
112 Kent Street
Place du Ville Tower, 3rd Floor
Ottawa, Ontario K1A 1H3
© 2021 Xemoto Media Ltd. All rights reserved. Reproduction in whole or in part without permission is prohibited.