Effective: July 1, 2014
1.0.1 Jenny Bird Holdings Inc. and its affiliates (collectively, “Jenny Bird”) are committed to protecting the privacy of guests, individuals, customers, prospective customers, business partners and prospective business partners (collectively, “Users”) who use this website (the “Website”), subscribe to receiving electronic communications from Jenny Bird, purchase products from Jenny Bird, or use related services provided by Jenny Bird.
2.0.1 This Policy applies to Jenny Bird’s collection, use, and disclosure of personal information in connection with the Services, but does not limit its collection, use or disclosure of:
(a) business contact information; and
(b) certain publicly available information.
2.0.2 This Policy is intended to comply with applicable federal and provincial privacy legislation in all the jurisdictions that it operates.
2.0.3 This Policy is also intended to comply with the Canadian Anti-Spam Legislation (“CASL”).
3.0 Collection, Use and Disclosure of Personal Information
3.1 Personal Information
3.1.1 “Business Contact information” is information to enable an individual at a place of business to be contacted and includes the name, position name or title, business telephone number, business address, business email or business fax number of the individual.
3.1.2 “Personal information” is information about an identifiable individual but does not include business contact information. Examples of information that could be personal information include an individual’s name, address, gender, date of birth, language preference, email address, telephone number, credit card information, personal opinions, social media usernames or other social media identification.
3.2 Collection and Use of Personal Information
3.2.1 Except where otherwise required or permitted by law, Jenny Bird will inform Users of the purposes for the collection, use or disclosure of the User’s personal information prior to collecting, using or disclosing that personal information.
3.2.2 Jenny Bird collects and uses personal information for the following purposes:
(a) to process and respond to or follow-up with any feedback, comments, or questions Users submit through the Website or social media networks including but not limited Facebook, Twitter, and YouTube;
(b) to send communications about products, services and other Jenny Bird related events and news;
(c) to track and analyze trends and traffic patterns on the Website and social media sites for market research related purposes;
(d) to comply with legal and regulatory requirements;
(e) to process a transaction when you purchase goods from jenny-bird.com;
(f) to provide you with services;
(g) to verify and process credit cards for transactions;
(h) to verify and process payments from PayPal accounts or email money transfers;
(i) to create aggregated information that does not individually identify the User; and
(j) for additional purposes that may be identified at or before the time that the information is collected.
3.3 Collection and Use of Personal Information on Social Media Networks
3.3.1 Jenny Bird may use accounts on social media networks including Facebook, Twitter, YouTube and others to promote our products, services and other Jenny Bird related events and news.
3.3.2 Jenny Bird’s social media accounts are publicly accessible, and the Users’ posts, comments, messages to, replies to, and mentions of Jenny Bird may be publicly visible, depending on the User’s privacy settings. The User’s privacy and the retention of information on social media accounts are governed by the privacy policies of the parties that operate these social networks. Some social networks may allow the User to control the information the User makes available to Jenny Bird and others. Users should review and agree to privacy agreements and terms and conditions of the parties that operate these networks prior to participating. Jenny Bird does not have any control over such platforms, and therefore Jenny Bird has no responsibility or liability for the manner in which the organizations that operate such linked platforms collect, use, disclose, secure and otherwise treat the User’s personal information.
3.3.3 Jenny Bird may collect and measure information available to provide content that is relevant and potentially interesting to Users of these social media platforms.
3.4 Disclosure of Personal Information
3.4.1 Jenny Bird will not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the User or as required or permitted by law.
3.4.2 Jenny Bird may disclose certain personal information to third party service providers and to affiliated entities in order to carry out the purposes (e.g., email deployment, direct mailing, research and surveys, credit card processing, etc.) set out in Article 3.2 of this Policy. Prior to making this disclosure, Jenny Bird will take appropriate steps to ensure that such recipients safeguard the personal information and use the information only for authorized purposes.
4.0.1 Requirements for consent to collection, use, or disclosure of personal information vary depending on circumstances and on the type of personal information that is intended to be collected, used or disclosed. In determining whether consent is required and, if so, which form of consent is appropriate, Jenny Bird will take into account both the sensitivity of the personal information at issue and the purposes for which Jenny Bird will use the information. Consent may be express, implied (including through use of “opt-out” consent where appropriate), or deemed. For example, if the User provides his or her email address to Jenny Bird and requests specific information related to Jenny Bird’s offerings, consent to use the email to respond to the request is implied.
4.0.2 By submitting personal information to Jenny Bird or its service providers and agents, the User agrees that Jenny Bird may collect, use and disclose such personal information in accordance with this Policy and as permitted or required by law.
4.0.3 Subject to legal and contractual requirements, the User may refuse or withdraw his or her consent to certain identified purposes at any time by contacting Jenny Bird. If the User refuses to consent or withdraws his or her consent, Jenny Bird may not be able to:
(a) complete a transaction;
(b) enable certain features of the Website; or
(c) provide or continue to provide the User with the certain services or information.
4.1.1 Cookies are small data files that are sent to the internet browser, and can be one of two types. Persistent cookies are stored on the User’s computer hard-drive when certain websites are vised, while session cookies expire when the browser is closed. Jenny Bird may use either or both types of cookies. Session cookies facilitate the use and navigation of the Website, while persistent cookies identify the User’s browser and IP (Internet Protocol) address, but do not collect personally identifiable information such as the User’s name, address, and credit card data.
4.1.3 Users can set their Internet browser to refuse to accept cookies from the Website. However, the refusal to accept cookies from the Website may disable certain features of the Website.
5.0 Electronic Communications
5.0.1 Jenny Bird is committed to ensuring compliance with CASL and consent‑based electronic messages practices.
5.0.2 Jenny Bird only sends commercial electronic messages (“CEMs”) to Users who have given express or implied consent to Jenny Bird, except as otherwise permitted by law.
5.0.3 Jenny Bird obtains express consent by requesting the Users to opt-in to receiving CEMs.
5.0.4 Alternatively, implied consent can be inferred in specific situations that are expressly described in CASL. For example, where the Jenny Bird has an “existing business relationship” with the User or where the contact information of the User is conspicuously published, the consent is implied.
5.0.5 Users who no longer wish to receive CEMs from Jenny Bird may unsubscribe from our distribution list by using the unsubscribe mechanism provided in any of the CEMs sent by Jenny Bird or by contacting Jenny Bird. The User’s request will be honoured within 10 days of Jenny Bird receiving the request to unsubscribe.
5.0.6 All CEMs that Jenny Bird sends to the Users will include:
(a) the name of the individual sender seeking the consent;
(b) contact information for the Jenny Bird entity (and affiliates, if applicable) seeking the consent including mailing address and either a telephone number, email address, or web address; and
(c) instructions on how to unsubscribe from future CEMs.
6.0.1 Jenny Bird will make reasonable efforts to ensure that the personal information collected, used, or disclosed is accurate and complete.
6.0.2 It is the responsibility of the Users to provide Jenny Bird with any changes in personal information, where necessary.
6.0.3 Users may request, in writing, that Jenny Bird correct an error or omission in personal information. If Jenny Bird is satisfied that a correction should be made, it will amend the information as requested and, where appropriate, will send the corrected information to the third parties to which it has disclosed that information.
6.0.4 Requests to correct an error or omission should be made, in writing, to Jenny Bird. The request must also provide sufficient detail so that Jenny Bird can properly and efficiently respond to the request.
6.0.5 Jenny Bird will respond to the written requests within 30 days, or alternatively, the timeframe prescribed by the relevant legislation.
7.0.1 Users may request, in writing, access to their personal information and information regarding the collection, use and disclosure of that personal information. Jenny Bird will provide appropriate access to personal information requested. A written explanation will be provided if the requested access is not granted.
7.0.2 Jenny Bird will respond to the written requests within 30 days, or alternatively, the timeframe prescribed by the relevant legislation.
8.0 Personal Information Retention
8.0.1 Jenny Bird retains personal information in accordance with its legal or business practices. Once the personal information is no longer required to fulfill the purpose for which it was collected and no longer required or permitted to be retained for legal or business purposes, it will be destroyed or made anonymous.
9.0 Protection of Personal Information
9.0.1 Jenny Bird takes appropriate steps to protect personal information, whether in paper or electronic form, from unauthorized access disclosure, use or modification. These steps include but are not limited to:
(a) protecting the confidentiality of Users’ personal information when doing business internally or externally with other organizations;
(b) protecting Users’ personal information with appropriate and effective security safeguards, including physical, administrative, and technology safeguards, against such risks as loss or theft, unauthorized access, disclosure, copying, use or destruction, regardless of the format in which it is held; and
(c) retaining Users’ personal information only as long as necessary for the fulfilment of the identified purposes, or as required by law, and maintaining reasonable and systematic controls, schedules and practices for the retention and destruction of such information.
10.0 Third Party Links
10.0.1 Some of the links on this website may direct you to third parties. Jenny Bird is not responsible for the privacy practices or electronic communication practices of these third party websites.
11.0 Concerns of Non-Compliance
11.0.1 Users may direct a complaint concerning compliance with the Policy to Adam Kohn, President of Jenny Bird Holdings Inc., at email@example.com.
11.0.2 The complaint must be in writing. Within a reasonable time of receipt of the complaint, Jenny Bird will conduct an investigation into the complaint. The format of this investigation will vary depending on the circumstances and may or may not involve an interview of the complainant and/or Jenny Bird’s employees.
11.0.3 After the investigation into the complaint, Jenny Bird will take appropriate measures necessary to rectify the source of the complaint if it is necessarily required.
11.0.4 Within a reasonable time of the investigation’s conclusion, Jenny Bird will inform the complainant, either verbally or in writing, of:
(a) the result of its investigation; and
(b) any appropriate measures Jenny Bird will take to rectify the source of the complaint if necessarily required.
12.0.1 Any concern, inquiry or request regarding personal information should be directed in writing to:
Jenny Bird Holdings Inc.
100-174 Spadina Ave.
Toronto, ON M5T2C2
Tel. (647) 346-2473
Fax. (647) 342-0528
13.0 Changes to the Policy
3.0.1 Jenny Bird may from time to time make changes to this Policy to reflect changes in its legal or regulatory obligations or in the manner in which Jenny Bird deals with the personal information of the Users.
3.0.2 Jenny Bird will communicate any revised version of this Policy by posting the revised Policy on its Website.