ENDVR PRIVACY POLICY
Version 1.0 posted and effective as of JANUARY 9, 2019.
NewKnow Inc. (hereinafter referred to as “we”, “us”, and “our”) is committed to the privacy and security of your personal information. This privacy policy (or “Policy” for short) describes how we collect, use, disclose and otherwise process your personal information, how we protect it and the controls you have over it. ENDVR is a branded product offered by NewKnow Inc.
This Policy is incorporated into, and is subject to, our Terms of Use. Capitalized terms used but not defined in this Policy have the meaning ascribed in our Terms of Use.
This Policy applies to the Services, including to your interactions in the course of your use thereof whether by phone, email, online chat or otherwise. This Policy does not extend to websites, mobile applications or other services of third parties. We are therefore not liable for their privacy policies, procedures and practices.
By using the Services, by communicating with us or by agreeing to receive communications from us such as our newsletter, email notifications, push notifications and commercial electronic messages, you accept the terms and conditions of this Policy. If you do not agree with the terms and conditions of this Policy, or if you lack the capacity or authority to agree to these terms and conditions, do not install the App or otherwise access or use the Services.
1.Changes to this Policy
Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify the Policy, we will make it available through the ENDVR.io website or App, indicate the date of the latest version, and comply with applicable laws. Your continued use of the Services and/or the App after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of the Policy. If you disagree with any changes made to the Policy, please uninstall the App and cease to use the Services. Additionally, if you reinstall the App or restart using the Services, you are considered to have accepted the Policy then in effect.
2. How we Collect Information
Some personal information is provided to us voluntarily by you (for example, when you register an account in order to use the Services) while some personal information is collected automatically (for example, when your browse the Services, cookies are placed on your Device, as defined in Section 3 below).
More precisely and without limitation, we collect your personal information in the following circumstances:
i. When you register an account in order to use the Services: To use the Services, you must register an account and provide certain information about yourself. For more information on the registration process, please read the corresponding section of the Terms of Use;
ii. When you create a profile: Once you have registered an account, you may choose to add information to your profile such as uploading a photo. In addition, you will be required to identify the name and location of the qualifying retailer you work at. In doing so, you authorize us to associate Brand Partners to your situation and interests and recognize and agree that these Brand Partners may send you push notifications as further explained in Section 5 below;
iii. When you communicate with us by phone, email, online chat or otherwise such as when you contact us with a comment, question or complaint: In doing so, you may be asked for information that identifies you (such as your name, address, and a phone number) along with additional information we need to help us promptly answer your question or respond to your comment or complaint. We may also retain this information to assist you in the future and to improve our customer service and service offerings;
iv. When you use our Services, we and our third-party providers, including Google Analytics, collect your IP (Internet protocol) address, language settings, type of device hardware and unique device identifier (when using our Services from a mobile device), and other related information such as page requests, browser type, operating system and version, and average time spent using our Services. We use this information to help us understand the activity on our Services, and to monitor and improve our Services.
We may also collect your personal information in the following circumstances:
v. When you sign-up to receive our newsletter or email notifications;
vi. When you interact with the digital content on the Services or on the App;
vii. When you participate in a contest or in a survey;
viii. When you post comments on the Services or on the App; and
ix. When you choose to give us permission to access your personal information from third party websites (for example, by linking to social media networks). When you do so, you allow us to collect information based on your settings and in accordance with the privacy policies of such Third Party Services (as defined below). It is your responsibility to control your settings and to read and understand those policies.
3. What Information Is Collected
a) Personal Information
For the purpose of this Policy, “personal information” means information about an identifiable individual pursuant to the Personal Information Protection and Electronic Documents Act S.C. 2000, c.5.
For example and without limitation, we consider your given name, surname, date of birth, postal address, telephone number, mobile phone number and email address as personal information.
b) Information Collected Automatically
Like most modern Internet sites and mobile applications, the Services and the App use cookies to record user browsing activity, such as pages visited, or technological information such as the Internet browser and operating system used to visit the Services or the App. The use of cookies and similar tracking technologies enables us to improve the Services’ or App’s performance, remember your preferences/settings, offer you an optimal experience with the Services or the App, personalize the Services and, in accordance with applicable laws, send you advertisements tailored to your interests.
A cookie is an alphanumeric online identifier that is set on your computer, tablet or mobile (“Device”) when you use the Services or the App.
Cookies can be set by us on your Device or by a third party (such as our partners).
The Services and the App contain content from and hyperlinks to certain third parties’ websites, locations, platforms, and services (“Third Party Services”). In addition, the Services and the App contain cookies operated by third parties. For example, we use certain third party analytics services, such as Google Display Network Impression Reporting, Google Analytics Demographics and Interest Reporting and other integrated services that require Google Analytics to collect information, including the collection of information via cookies. Similarly, ad serving services, advertisers, and other third parties may use tracking technologies on the Services and on the App and on the Third Party Services to track your activities across time and services, and tailor ads to you based on your activities, which may include sending you an ad on a Third Party Service or third party device after you have left the website.
The Services and the App contain social media plugins provided by social media platforms in order to allow you to interact with us on these platforms. By browsing the Services or using the App, your browsing information may be transferred directly to the relevant social media platform, even without direct interaction on your part, due to the sole presence of the buttons on the Services and on the App. These cookies are not under our control. Please consult the privacy policies of each of these social media platforms to know more about their use of cookies and other tracking technologies and how they work.
In general, the information collected by cookies is not considered personal information since it cannot be used to identify you. You may set your Internet browser to reject cookies if desired; however, this may result in loss of functionality of certain features of the Services and the App.
4. How we Use Information
We take steps designed to ensure that only those who need access to your personal information to provide the Services will have access to it. We may use your personal information to:
i) Manage the account registration process on the Services or on the App and, more generally, manage your account;
ii) Manage the ENDVR.io Program;
iii) Design, maintain, analyze, manage, improve, market and provide services via the Services or the App;
iv) Provide access to the Services and the App;
v) Respond to your queries, questions and comments;
vi) Perform quality assurance, marketing and other business analysis;
vii) Organize contests and other promotional activities;
viii) Contact you in connection with services you have requested;
ix) Deliver the services you have requested;
x) Communicate with you about changes to our policies;
xi) Send you surveys with regards to the Services, namely satisfaction surveys, in accordance with applicable laws or with your consent (if required);
xii) Understand your needs and interests and provide you with optimal services and personalized advertisements, services and other products by performing profiling, where permitted under applicable laws or with your consent (if required);
xiii) Improve the Services and the App performance, respond to your requests regarding the Services and the App, remember your preferences/settings with regards to the Services and the App;
xiv) Send you specific information, promotional and marketing communications about us or third party products and services (for example, offers, discounts, newsletters and birthday communications), where permitted under applicable laws or with your consent (if required);
xv) Protect against error or fraud;
xvi) Comply with legal and auditing requirements;
xvii) Verify your eligibility to download the App or use the Services.
xviii) Investigate breaches of the Terms of Use or the Policy.
5. Disclosure of Personal Information
We will not disclose, trade, rent, sell or otherwise transfer your personal information without your consent, except as set out in this Policy. We may also share personal information in the circumstances described below.
a) Brand Partners
We may share your personal information with Brand Partners that are associated with the retail store you work at. These Brand Partners may send you push notifications inviting you to participate in their training programs or missions. It is in your sole and entire discretion to decide whether or not to participate in these training programs or missions. Once you agree to participate thereto, it is your responsibility to read and understand the privacy practices of each Brand Partner, as they may differ from those set out in this Policy. We are not liable for the privacy practices of Brand Partners.
b) Your Co-workers
By creating an account and using the Services, you acknowledge that certain of your personal information may be made visible by us to your co-workers such as your name, the retail store you work at and your profile picture. This enable us to monitor your eligibility to use the Services. For example, you and your coworkers will be able to flag a co-worker who no longer works for your company, thereby not being eligible to use the Services.
c) Members of our group of companies
We may share your personal information with an individual member of our group of companies which comprises the subsidiaries of NewKnow Inc.
d) Third Party Service Providers
We may share your personal information with third party service providers who perform services for us or on our behalf. For example, we may use service providers to send our emails or texts, provide you with the rewards for completing training programs and missions, host the Services, operate (in whole or in part) the ENDVR.io Program, operate certain features of the Services, provide customer service on our behalf, and track the time spent on our Services, and other information in connection with the use of our Services. Your personal information may be maintained and processed by third-party service providers in the US or other jurisdictions. Our service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose personal information for their own marketing or other purposes.
e) Promotional Partners
We may share your personal information with third parties who may associate themselves with us for any activities such as contest and other promotions;
f) An Acquirer, Successor or Assignee
In the event of change of ownership, sale, merger, liquidation, reorganization, acquisition of NewKnow Inc., in whole or in part, or in the event of any other business transactions or bankruptcy, your personal information may be transferred as part of the transaction;
g) Law Enforcement, Governmental and Administrative Entities
NewKnow Inc. and our Canadian, US, and other service providers may provide your personal information in response to a search warrant or other legally valid inquiry or order, or to an organization in the case of a breach of an agreement or contravention of law, or as otherwise required or permitted by applicable Canadian, US, or other law. We may also disclose personal information where necessary for the establishment, exercise or defence of legal claims; to detect, suppress, or prevent fraud; and to investigate or prevent actual or suspected loss or harm to persons or property.
h) Social Media Networks or other Service Providers
We may share your personal information with social media networks and other service providers to use their marketing tools for the purposes of target and look alike marketing. For example, we may use Customer Audiences from Facebook to match the people on our customer list with people on Facebook. This enables us to target our advertisements on Facebook to the audience that has been created by Facebook through its Customer Audiences tool.
Please note that once we share your personal information with a third party, it may become subject to such third party’s privacy practices. Please note that we make commercially reasonable efforts to have your personal information used by third parties in a manner that is consistent with this Policy.
We will not, without your express consent, disclose your personal information to third parties for their own direct marketing purposes.
6. Storage of your Personal Information
While your personal information will be collected and stored on servers in Canada, it may be disclosed to, stored and/or otherwise processed by third parties who are located in other countries. For example, some of the service providers that process or handle personal information on our behalf are located outside of Canada. Regardless of where the processing of your personal information takes place, we will take steps to protect your personal information in accordance with this Policy, data protection laws, and where required by applicable laws, recognized data transfer mechanisms. While we use reasonable means to safeguard your personal information, it is subject to the legal requirements and governmental authorities of the foreign jurisdictions in which it is located. For example, we may be legally required to disclose personal information to a governmental authority of a foreign jurisdiction in which your personal information is located.
7. Personal Information Security
We have adopted reasonable security procedures to help protect against loss or theft, unauthorized access, disclosure, copying, use, or modification to the personal information you provide to us. While we strive to protect your personal information, we cannot guarantee or warrant the security of any personal information you disclose or transmit via our Services and cannot be responsible for the loss, theft, unauthorized access, disclosure, copying, use, or modification of your personal information, unless such acts are the result of our gross negligence or wilful misconduct or unless otherwise provided by law. You are responsible for the security of the password you use to log in to your account as well as to keep it confidential.
8) Retention Period
We will retain your personal information only as long as is necessary for the fulfillment of the purposes outlined in this Policy or for a longer period if required or permitted under applicable laws. Please note that if you merely unsubscribe from marketing communications such as the newsletter, we may nonetheless continue to use your personal information for marketing and business analytics purposes, unless you withdraw your consent to this activity by following the procedure set out in the “Withdrawal of Consent” section of this Policy.
9) Right to Consult and Correct Personal Information
You have the right to consult all personal information that relates to you and that is held by us, and to correct any such personal information that is inaccurate or outdated.
Information stored in your account profile may be consulted through our Services or App and corrected directly by you if necessary.
Information collected by cookies is stored in cookie files located on your device, and thus can be accessed or modified by you without involving us.
For all other privacy-related requests, you may contact us via the methods identified in the “Contact Us” section of this Policy. Depending on the nature of your request, a reasonable fee may be required before we transcribe, reproduce, or transmit your personal information. Before granting your request, we may require proof of your identity or quality. We may deny your request on the basis of any applicable laws.
10) Withdrawal of Consent
You may withdraw your consent to our collection, use or disclosure of your personal information at any time by contacting us via email using the contact information in the “Contact Us” section of this Policy. However, before we implement the withdrawal of consent, we may require proof of your identity or quality.
In some cases, withdrawal of your consent to our collection, use or disclosure of personal information may mean that we will no longer be able to provide certain services to you, including access to the Services or the App.
11) Contact
If you have any questions or comments about this Policy or your personal information, or to make a request to access your personal information or have it corrected, please communicate with our Privacy Officer by email at or by mail at the following address:
Privacy Officer
NewKnow Inc.
5530 Saint-Patrick, Suite 2121
Montreal, Quebec
H4E 1A8
Canada
