This Privacy Statement explains how Plumtales Inc. (“we”, “us”, “our” or “Plumtales”) collects, uses and shares your “Personal Information” – information that identifies, relates to, describes or is capable of being associated with you as a particular individual, such as your name, address, email address or telephone number – and other data through your use of any of Plumtales’ Web sites, services, code, application programming interfaces (“APIs”), software development kits (“SDKs”) and/or software (collectively, the “Services”).
As a general rule there are two categories of users of the Services: “Publishers” who are operators or publishers of websites that integrate and make the Services, such as the code, APIs, SDKs and web toolbar platform, available on their website, and “End Users” who are individual visitors of a website and who interact with Publishers through Services (collectively, “you”).
WHAT INFORMATION WE COLLECT
We collect two types of Personal Information: (i) personally identifiable information (“PII”), which constitutes any information that can identify an individual directly or through other reasonably available means and is otherwise referred to herein as “personal information”, but does not include information deemed not to be personal information in accordance with applicable law; and (ii) non-personally identifiable information (“Non-PII”), which is also referred to as aggregate and anonymous data, or is information that would not, in and of itself, identify you. Please note that what one may initially consider to be Non-PII may, in some contexts, such as in respect of small geographic locations or communities, result in such information being attributable to you or allowing you to be identified because of the context. Please consider this when providing information.
WHAT INFORMATION WE ASK YOU FOR
When you register with the Services as a User, you will be asked to provide us with certain PII about yourself such as your first name, last name, display name, gender, date of birth, email address and address.
You may also import your account information from a third party API to make the registration process easier. If you do so, we will collect information from such third party and may ask that you provide additional information in the event we are not able to access required information from the API.
WHAT INFORMATION WE AUTOMATICALLY GATHER
Some Non-PII is automatically collected when you use or visit the Services. We collect and store information related to your use of the Services, such as the pages you view on the website, and information pertaining to your computer device, network, protocols and software and the date and time of your visit. The Non-PII we automatically collect is used to help us provide a more relevant and useful site experience to you. This information is also used in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Services.
The Non-PII is typically collected through “cookies”. A cookie is a small piece of information that can be stored by your web browser on your hard drive. We use “persistent cookies” to store your Credentials for future logins to the Services. When you revisit the Services, our server will recognize the cookie and collect the aforementioned information. We also use the same mechanism on the mobile side for caching User credentials through our component enclosed in your application. Additionally cookies are used to help us analyze the Services usage more accurately by keeping tracks of User interaction. Our cookies do not collect your name, email address, contact information or other PII. If you are uncomfortable with our practice of using cookies, you can disable all cookies through your browser settings; however, if you disable cookies, you may not be able to use certain aspects of the Services.
WHAT OTHER INFORMATION MAY BE COLLECTED
Public profile. If you choose to create a profile on the Services, certain information in your profile will be publicly available. You have the ability to view your profile, update information, and choose what information you share. In addition, you can contribute to the Services in a number of different ways, including by adding content, such as photographs, posts etc. (“Content”). We may store these contributions (your “Public Profile”), display them to other users, and use them for promotional or analytical purposes. Note that if you include PII in your Public Profile, it can be used and viewed by others. We are not responsible for the information you choose to include in your Public Profile. Please note that you will not be able to sign-in, post any Content or access any of your personal information once your account is closed or suspended.
Information Submitted to Campaigns. The Services provide Publishers with tools that facilitate the development and distribution of social media marketing campaigns, including contests and other interactive forums. Such campaigns are managed through our servers and equipment. Accordingly, if, as an End User, you provide Personal Information in response to, or connection with, a campaign, we will receive a copy of any Personal Information submitted.
Third party services. We allow you to access third party services, such as Facebook and Twitter, to share your Public Profile with those services, and import information about who you are connected with on those other services so you can connect with them on the Services. Some of those third party services may also provide us with information from your accounts. You can always opt out of sharing with such third party services on your account page.
Feedback. You should feel free to give us feedback, register a complaint, or ask questions about the Services. We may store your communications, including any Personal Information you include in them, so that we can effectively respond to you.
HOW WE USE YOUR INFORMATION
Our primary objective in collecting your information is to provide services that are of the greatest interest and use to you. In addition to those uses mentioned above, we use the PII collected for the following purposes: (i) for registration and sign-in; (ii) to manage your account; (iii) to communicate with you including, without limitation, in respect of publishing your Content; (iv) to send and receive messages, instant messages and other communication from Publishers and other End-Users; (v) to allow Publishers and other End-Users to view your profile, contact you and communicate with you; (v) to measure interest in and improve our Services; (vi) to provide you with information and offers from us or third parties that we believe you may find useful or interesting, including marketing or promotional materials, advertisements, coupons and other information on services and products offered by us or third parties; (vii) to resolve disputes troubleshoot problems; and (viii) to monitor the Services and to enforce the TOS. In addition, the Personal Information allows us to develop and customize the Services and to better understand what products and services you would like. The Personal Information may also be used to send you e-mails that we believe may be of interest to you, such as our newsletters. You may opt out of receiving any such e-mails by unsubscribing; simply follow the unsubscribing instructions.
In addition to the uses mentioned above, we use the Non-PII collection for the following purposes: (i) to monitor and analyze use of the Services and for the technical administration of the Services; (ii) to increase functionality and user-friendliness of the Services; (iii) to better tailor the Services to your needs; (iv) to generate and derive useful data and information concerning the interests, characteristics and use behavior of Users, and to verify that Users of the Services meet the criteria required to process their requests.
We also use your PII to contact you with Plumtales newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “Notifications” information. Please note that we may also use your PII to contact you with information related to your use of the Service; you may not opt out of these notifications.
HOW WE SHARE YOUR INFORMATION
We may share you information with the following parties and/or for the following purposes:
Affiliates. We may share much of our data, including your PII, with our parent, subsidiary and other affiliated companies (each a “Related Entity”) that are committed to serving your online needs and providing related services. Trusted Third Party Service Providers. We may use third parties to provide technical support and perform tracking and reporting functions, conduct quality assurance testing, and provide other services in connection with the Services. We may share information about you with them so that they can perform the services they are required to perform.
Publishers. As mentioned above, if, as an End User, you provide Personal Information in response to, or in connection with, a campaign operated by a Publisher, we will share such Personal Information with that Publisher. We, however, will not share such Personal Information with other Publishers using the Services, except to the extent permitted herein.
Other Third Parties. We may share information with other parties to whom you ask us to send Personal Information, whether explicitly or by using the Services.
Third Party Advertising. Third parties serve some of the ads on the Services. We do not provide individualized Personal Information to them, but they may have access to information that they obtain through cookies or that you share with them yourself. Note that we do not rent, sell or trade personal information with third parties for their direct marketing purposes. In addition, we may use your information to enable our marketers and advertisers to gain an understanding of our users, i.e. the information collected will be compiled to create general profiles of users, demographic information and interests.
Aggregate Information. We may share non-PII in the aggregate to third parties relating to user behavior in connection with actual or prospective business relationships with those third parties, such as advertisers and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, links.
Business Transfers. We reserve the right to disclose and/or transfer information about you to a third party in the event of an actual or proposed sale, purchase, lease, amalgamation, merger, joint venture or other type of disposition or financing of any or all of Plumtales Inc. or any of its assets or shares, in order to ensure that you continue to receive the same services. If another company acquires our company or all or substantially all of our assets, that company will assume the rights and obligations with respect to that information as described in this Privacy Statement.
Investigations. We reserve the right to investigate abuses on the Services, and enforce and apply our TOS and this Privacy Statement. We may disclose information about you to third parties if we have a good faith belief that such disclosure is reasonably necessary to: (i) take action regarding suspected illegal activities; (ii) enforce or apply our TOS and this Privacy Statement; (iii) comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public.
HOW WE PROTECT YOUR PERSONAL INFORMATION
We understand how important protecting your privacy is, and we are committed to safeguarding the information you provide to us. And while we cannot guarantee absolute security, we have implemented specific security procedures to protect the storage and disclosure of your information. Access to your information is restricted to select employees or representatives. Additionally, we use encryption when transferring your Personal Information between your system and ours.
HOW YOU CAN CORRECT YOUR INFORMATION
To update your Personal Information, go to the [Manage Profile] section of the Services.
HOW LONG WE KEEP INFORMATION
We keep the Personal Information you have given us for at least as long as you maintain your account. Keep in mind, however, that even if you delete your account, we may retain your Personal Information in conformance with our data retention policy, under which we may reasonably retain such information to comply with laws, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our TOU, and take other actions otherwise permitted by law.
EXTERNAL LINKS AND PARTIES
Our website and Services contain links to other websites. If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices.
If any part of the Services links you to other websites, those external websites do not operate under this Privacy Statement. We recommend that you examine the privacy statements posted on those other websites to understand their procedures for collecting, using, and disclosing personal information. Once you leave our website, our Privacy Statement will no longer apply. Also, we cannot guarantee the privacy of third parties whose information our users have provided to other members on the Website.
CANADA’S PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT
The Canadian government has enacted the Personal Information Protection and Electronic Documents Act (“PIPEDA”). PIPEDA outlines the way personal information may be used in Canada, and we fully adhere to it. You may at any time contact us regarding our use of your Personal Information by using the contact information referred to below or at the mailing address referred to below. You may contact us to provide you with more information in respect of our Privacy Statement and privacy practices, or to provide you with an opportunity to review your PII currently held by us and to request an amendment to the PII to correct any inaccuracies you determine are contained in such PII holdings. Where you demonstrate the inaccuracy or incompleteness of your PII held by us, we will correct or update the information as required. Please note that before we are able to provide you with any information or correct any inaccuracies we may ask you to verify your identity and to provide other details to help us to respond to your request. You are also entitled to request information as to the type of PII we have collected from you, how we have used your PII in the past and how we may use it in the future, and whether or not we have disclosed your PII to any third parties (and, if so, to whom).
There may be circumstances where we are unable to provide access to your PII. We may deny access for legally permissible reasons, such as situations where the information contains references to other individuals and is not reasonably severable, or where it cannot be disclosed for legal, security or other commercial proprietary reasons. We will advise you of any reason for denying an access request.
CALIFORNIA PRIVACY RIGHTS
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties for direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties with whom it was shared, along with their names and addresses. If you are a California resident and would like a copy of this Privacy Statement, please submit a written request to the address listed below.
We are responsible for and will maintain and protect Personal Information in our possession or custody, including PII that we may transfer to third parties for processing. We have designed an individual or individuals who is/are accountable for compliance with this Privacy Statement.
To contact us concerning privacy issues, please send a letter to:
Attn: Privacy Officer
229 Niagara Street
CHANGES TO THIS PRIVACY STATEMENT
We reserve the right to modify this Privacy Statement from time to time. We will notify our you of relevant changes by posting a notice on our website. The most current version of this Privacy Statement will govern our use of your information, and will always be located at [www.Plumtales.com/privacy]. By continuing to use our Services, you agree to be bound by the revised statement.
The Services are hosted in Canada. If you access our website or the Services from any jurisdiction with laws or regulations governing personal data collection, use, and disclosure that differ from the laws of Canada, please be advised that through your continued use of the Services, you are transferring your Personal Information to Canada and you consent to that transfer. Additionally, you understand that your Personal Information may be processed in countries (including the United States) where laws regarding processing Personal Information may be less stringent than in your country.
GOVERNING LAW AND DISPUTE RESOLUTION
This Privacy Statement, and all related matters are governed solely by the laws of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any laws.
To the extent legally permitted, any claim or cause of action you may have arising from, connected with, or relating to this Privacy Statement or our handling of your Personal information, or any related matters must be commenced within six (6) months, after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
HOW TO CONTACT US
LAST UPDATED: July 25, 2014