1.1 This policy applies where we are acting as a data controller with respect to your personal data of our users; in other words, where we determine the purposes and means of the processing of your personal data.
1.3 If you are an individual in the European Economic Area (“EEA”), we collect and process personal data about you only where we have legal bases for doing so under applicable EU laws. These legal bases depend on the various aspects of the Site and how you use them.
1.4 When you have consented to our use of your personal data for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we or a third party have a legitimate interest to do so, you have the right to object to that use. However, in some cases, this may mean no longer using the Site or we may be unable to provide you with all of the features and services related to the Site.
2. WHAT PERSONAL DATA ABOUT YOU WE PROCESS
2.1 In this Section 2 we have set out:
(a) the general categories of personal data we may process;
(b) in the case of personal data we did not obtain directly from you, the source and specific categories of that data;
(c) the purposes for which we may process personal data; and
(d) for our users using the Service in the EEA, the legal bases of the processing.
2.2 ACCOUNT DATA: We may process your account data (“Account Data”). Account Data may include your email address and other optional information, which you provide to us. Account Data may be processed for the purposes of operating the Site, and providing you related services and features, ensuring the security of the Site, maintaining back-ups of our databases and communicating with you. In the EEA the legal bases for processing Account Data is consent, to allow us to provide you the Site and related services, and for the proper administration of the Site and our business.
2.3 USAGE DATA: We may process data about your use of the Service (“Usage Data”). Usage Data may include your IP address, geographical location, browser type and version, operating system, internet domain, referral (linking webpage) source, search keywords used, length of visit, page views and navigation paths, as well as information about the timing, frequency and patterns of your use of the Site. This Usage Data may be processed for the purposes of monitoring and analyzing the use of the Site such as the popularity and usage of sections of the Site, etc. In the EEA the legal basis for processing Usage Data is our legitimate interests, namely monitoring and analyzing use of the Site, to improve the Site features and content, all to provide you with a better experience.
2.4 PROFILE DATA: We may process personal information and content that you provide to us, such as the data you include in your personal profile on the Site or when you complete a survey or enter a contest (“Profile Data”). Profile Data may include your user name, pictures, videos, demographics, interests, hobbies, lifestyles, gender identity, bulletins, personal statements and comments, and groups, communities or organizations with who you associate. Profile Data may be processed for the purposes of enabling us to provide you with content, advertising and promotions, information and other material of interest to you. In the EEA, the legal basis for processing Profile Data is consent, since you control what you include in your profile and you can add to, modify or delete your Profile Data at any time by clicking on the “Preferences” link contained at the bottom of our communications to you. YOU CONTROL HOW MUCH PERSONALLY IDENTIFYING PROFILE DATA YOU DISCLOSE IN YOUR PROFILE AND YOU HEREBY RELEASE US FROM ANY CLAIMS RELATED TO YOUR PROVISION OF PROFILE DATA IN YOUR PROFILE.
2.5 COMMUNICATION DATA: We may process information contained in or relating to any communications between you and us (“Communication Data”). Communication Data may include the message content and metadata associated with your communications and may include various formats including emails and automated online forms such as contest entry forms, etc. In the EEA the legal basis for processing Communication Data is consent, to allow us to provide you the Site and related services, the proper record-keeping and administration of the Site and to facilitate communications between you and us.
2.6 LEGAL RIGHTS: We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. In the EEA, the legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
2.7 LEGAL OBLIGATIONS AND VITAL INTERESTS: In addition to processing your personal data for the specific purposes set out in this Section 2, we may also process any of your personal data where such processing is necessary for us to comply with a legal obligation we are subject to, or in order to protect your vital interests or the vital interests of another natural person.
3. AUTOMATED DECISION-MAKING
3.1 We do not use automated decision-making for profiling or other decision-making purposes that produces legal or other significant effects for our members.
4. OTHER WAYS WE USE YOUR PERSONAL DATA
4.1 Users may subscribe to receive the following type of email communications or other electronic messaging to their personal email inbox:
(a) Communications about third-party promotions and offers, contests, petitions and surveys or polls. These emails or electronic messages are sent only if the user signs up for these notifications. Users can subscribe to or unsubscribe from these types of email or electronic messaging at any time. To stop receiving these types of messages, please click on the “unsubscribe” link found at the bottom of each email.
(b) Users can also sign up to receive newsletters, which are updates about various topics and activities. These newsletter emails are sent only if the member signs up for them. Users can discontinue these newsletters anytime. To edit your subscription preferences, click on the “update your preferences” link available at the bottom of each email. To stop receiving newsletters altogether, click on the “unsubscribe” link found at the bottom of each email.
(c) We may also send our members transactional, operational or technical support messages regarding their accounts or the Site.
4.2 We may also use personal data collected from our users to assist us with our strategic planning and product development; to develop sales and marketing programs and for advertiser relations. All personal data processed for these purposes are presented as anonymous or aggregated information and is only used internally within Pink Triangle Press – no identifiable personal data about individual members is ever released to outside third parties.
5. PROVIDING YOUR PERSONAL DATA TO OTHERS
5.1 Aside from the particular circumstances described in this Section 5, we will never disclose your email address or any other personal information about you to any third party without your express permission, except where we are required to do so by law.
5.2 We may share your personal data with third party vendors, consultants and service providers that perform services on our behalf. Your information will be treated as private and confidential by such service providers and not used for any other purpose than what we authorize. You will never be contacted by these third parties, except in the context of providing the Site and related services and communications to you.
(a) Email management partners that validate email addresses and help us ensure that we maintain best practices when sending email messages to our users, including compliance with Canada’s Anti-Spam legislation and EU legislation related to direct marketing. You may view, modify or delete personal information you may have submitted to us through our email partners by clicking on the “update my preferences” link contained at the bottom of each email.
(b) Third party platform providers that help us run contests, surveys and questionnaires that we provide opportunities for our users to voluntarily participate in.
5.3 We may share your personal data with third parties at your request. For example, you may participate in an online petition that would be forwarded to a third party.
5.4 We may share your personal data with other parties in connection with any company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party, or in the event of bankruptcy or related or similar proceeding.
5.5 We may share your personal data with third parties such as law enforcement agencies or our professional advisors as required to: (i) satisfy any applicable law, regulation, subpoena, summons, court order, legal process or other permitted government request, (ii) enforce our User Agreement terms and conditions, including the investigation of potential violations thereof, (iii) investigate and defend ourselves against any third party claims or allegations, (iv) protect against harm to the rights, property or safety of Pink Triangle Press, its users or the public as required or permitted by law and (v) detect, prevent or otherwise address criminal (including fraud, stalking or trolling), security or technical issues.
6. INTERNATIONAL TRANSFERS OF PERSONAL DATA OUTSIDE THE EEA
6.1 In this Section 6, we provide information about the circumstances in which the personal data of users located in the EEA may be transferred to countries outside the EEA.
6.2 We have offices and facilities in Canada. The European Commission has made an “adequacy decision” with respect to the data protection laws of Canada. Transfers to Canada will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained here.
6.3 The hosting facilities for the Service are situated in Canada on our own servers or on Amazon Web Services (“AWS”) cloud-based platforms. AWS has already obtained approval from EU data protection authorities of its AWS Data Processing Addendum and Model Clauses to enable transfer of data outside of the EEA, including to the U.S. For more information please visit the AWS EU Data Protection FAQ.
6.4 Our email management and survey service partners MailChimp, SendGrid and SurveyMonkey may transfer your personal data outside of the EEA to the U.S. for processing. MailChimp, SendGrid and SurveyMonkey all adhere to the EU-US Privacy Shield Framework that governs transfers of personal data outside the EEA to the U.S. For more information on the international data transfer practices of MailChimp please visit here, for SendGrid please visit here and for SurveyMonkey please visit here.
7. RETAINING AND DELETING PERSONAL DATA
7.1 This Section 7 set out our data retention policies and practices, which are designed to help ensure we comply with our legal obligations in relation to the retention and deletion of personal data.
7.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
7.3 We will retain your personal data as follows:
Account Data is retained for six months after we receive an “unsubscribe” request from you, Usage Data is retained for 26 months, and Communication Data is retained for one year. After these time frames this personal data is purged from our servers and/or those of our third party service partners.
7.4 Notwithstanding the other provisions of this Section 7, we may retain your personal data where such retention is necessary for compliance with a legal obligation we are subject to, or in order to protect your vital interests or the vital interests of another natural person.
8. YOUR RIGHTS
8.1 In this Section 8 we have summarized the rights that users located in the EEA have under EU data protection law; as a goodwill gesture and demonstration of our commitment to the privacy and data protection rights of all our users, we are extending these rights to all of our users, regardless of where they are located.
8.2 Some of the rights are complex and not all of the details have been included in our summaries. Accordingly, you should read the applicable relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
8.3 Your principal rights under (EU) data protection law are:
(a) RIGHT TO ACCESS: You have the right to confirmation of the categories of your personal data we may process, along with access to that personal data together with certain additional information, including: the purposes of the processing and the recipients of the personal data. Provided the rights and freedoms of others are not affected, we will supply you with a copy of your personal data; the first copy will be free of charge but additional copies may be subject to a reasonable fee.
(b) RIGHT TO RECTIFICATION: You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
(c) RIGHT TO ERASURE: In some circumstances you have the right to erasure of your personal data without undue delay, including: the personal data are no longer necessary in relation to the purposes for which they were collected or processed; you withdraw your consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions to the right of erasure, including: where processing is necessary for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defense of legal claims.
(d) RIGHT TO RESTRICT PROCESSING: In some circumstances you have the right to restrict the processing of your personal data, including: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data, but you require the personal data for the establishment, exercise or defense of legal claims; and when you have objected to processing, pending the verification of that objection. In these cases, we may continue to store your personal data, but will only process it with your consent, or for the establishment, exercise or defense of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of important public interest.
(e) RIGHT TO OBJECT TO PROCESSING: You have the right to object to our processing of your personal data on grounds relating to your particular situation in certain circumstances:
(i) Where the legal basis of the processing is for the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or for the purposes of legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process your personal data unless we can demonstrate compelling legitimate grounds to override your interests, rights and freedoms, or if the processing is for the establishment, exercise or defense of legal claims.
(ii) For direct marketing purposes, including profiling for direct marketing purposes. If you object to this, we will stop processing your personal data for this purpose.
(iii) For scientific or historical research purposes, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
(f) RIGHT TO DATA PORTABILITY: To the extent that the legal bases for our processing of your personal data is either consent or contractual necessity (performance of a contract with you, or carry out steps to enter into a contract), and the processing is carried out by automatic means, you have the right to receive a copy of that personal data from us in a structured, commonly used and machine-readable format, provided your exercise of this right does not adversely affect the rights and freedoms of others.
(g) RIGHT TO WITHDRAW CONSENT: Where the legal basis for processing your personal data is consent, you have the right to withdraw that consent at any time. Withdrawal of consent will not affect the lawful processing of personal data based on consent before its withdrawal.
(h) RIGHT TO LODGE A COMPLAINT WITH A SUPERVISORY AUTHORITY: If you feel that our processing of your personal data infringes privacy or data protection laws, you have the right to lodge a complaint with the appropriate supervisory authority. You may do so in the place of your habitual residence, your place of work or the place of the alleged infringement, as may be applicable.
8.4 You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this Section 8. Please see Section 12 for our contact information.
9. THIRD PARTY WEBSITES
9.1 ADVERTISERS AND LINKED WEBSITES: Links to advertisers on the Site, third-party services and other websites that are accessible via the Site may have different privacy policies and it is the responsibility of members to review the privacy policies of such advertisers and linked websites before submitting any personal information to them.
9.2 SOCIAL NETWORKING SITES: When you interact with the Site through various social media, such as when you “Like” us on Facebook or “Share” through another social media site, we may receive information from the social network such as your profile information, profile picture, gender, user name, user ID associated with your social media account, age range, language, country, friends list, and any other information you permit the social network to share with third parties. The data we receive is dependent upon your privacy settings with the social network. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Site.
10. ABOUT COOKIES
10.1 In order for the Service to function properly, we occasionally place small data files called “cookies” on your computer or mobile device.
10.2 A cookie is a small text file containing an identifier (a string of letters and numbers) that is saved on your web browser when you visit the Service.
10.3 A cookie’s duration may either be “session” which will expire at the end of the user session when the web browser is closed, or “persistent” which will remain valid until its set expiry date unless deleted by the user before the expiry date.
10.4 Cookies typically do not contain any information that personally identifies a user, but personal data that we store about you may be linked to the information stored in and obtained from cookies.
10.5 For additional information on cookies please visit allaboutcookies.org.
10.7 NECESSARY COOKIES: The following types of cookies are essential for us to provide you the Site and related services and features, in order to provide you with a great experience. We need to set cookies on your device to remember your preferences, so this information can be retrieved whenever you use a function on the Site that is affected by your personal settings:
(a) Authentication and Status – used to identify you when you login to the Service and as you navigate through the Service and to determine whether you are still logged into the Service.
(b) Personalization – to store your preferences, such as language, font size and other display preferences so you don’t have to re-enter them every time you login to the Service or browse from one section to another.
(c) Security – to manage the login process and to prevent you from having to log in again every time you visit a new page and to ensure you can only access restricted features and areas of the Service while you are logged in.
10.8 OPTIONAL COOKIES: We use optional cookies to help us understand how you use the service and to develop ways to improve your experience and to deliver engaging and relevant content for our members:
(b) Marketing – marketing cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers.
10.9 MANAGING COOKIES: Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser and from version to version. Note that blocking all cookies will have a negative impact on the usability of many websites. You can obtain up-to-date information on blocking and deleting cookies on commonly used browsers via these links:
(a) Chrome: here
(b) Firefox: here
(c) Internet Explorer: here
(d) Edge: here
(e) Opera: here
10.10 OPT-OUT OF INTEREST-BASED ADVERTISING: Some advertisers participate in the Digital Advertising Alliance (“DAA”) WebChoices Tool, which allows you to opt-out of interest-based advertising and other applicable uses of web-viewing data by DAA’s participating companies. You may still receive other types of online advertising from participating companies, and these companies may still collect information for other purposes consistent with DAA principles. Access the WebChoices tool here.
11.3 BY CONTINUING TO USE THE SITE, YOU ARE ACKNOWLEDGING YOUR ACCEPTANCE OF THESE UPDATES OR MODIFICATIONS.
12. OUR DETAILS – QUESTIONS AND FEEDBACK
If you have any questions about our privacy practices or this Privacy Statement, please contact:
Pink Triangle Press
2 Carlton Street, Suite 1600
Toronto, Ontario Canada M5B 1J3