Effective Date: January 1, 2019
Last Updated: March 14, 2020
By providing us with your data, you warrant to us that you are over 13 years of age.
For users based in the EU and the UK, we are required to describe our role and our responsibility for Personal Information.
Our sites are operated by: Jonn Kares ("we" or “us”).
Our address is: 131 Bloor Street West, Suite 200
Toronto Ontario, Canada M5S 1R8
We can be reached by email at: privacy AT JonnKares.com
It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at privacy AT JonnKares.com
2. WHAT DATA WE COLLECT ABOUT YOU, FOR WHAT PURPOSE, AND ON WHAT GROUNDS WE PROCESS IT
Personal data means any information capable of identifying an individual. It does not include anonymized data.
We may process the following categories of personal data about you:
Communication Data that includes any communication that you send to us whether that be through the contact form on our sites, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defense of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your payment card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
User Data that includes data about how you use our sites and any online services together with any data that you post for publication on our sites or through other online services. We process this data to operate our sites and ensure relevant content is provided to you, to ensure the security of our sites, to maintain back- ups of our sites and/or databases and to enable publication and administration of our sites, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our sites and our business.
Technical Data that includes data about your use of our sites and online services such as your IP address, your login data, details about your browser, length of visit to pages on our sites, page views and navigation paths, details about the number of times you use our sites, time zone settings and other technology on the devices you use to access our sites. The source of this data is from our analytics tracking system. We process this data to analyze your use of our sites and other online services, to administer and protect our business and our sites, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our sites and our business and to grow our business and to decide our marketing strategy.
Marketing Data that includes data about your preferences in receiving marketing from us and our third-parties and your communication preferences. We process this data to deliver relevant website content, relevant marketing communications and advertisements to you, to enable you to partake in promotions such as competitions, prize draws and free give-aways, and to measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).
We do not collect any Sensitive Data about you. Sensitive Data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offenses.
Should we ever require in future your explicit consent for processing Sensitive Data, we will send you a further communication asking for you to confirm your consent to this processing prior to you submitting such details.
Failure to Provide Required Personal Information
Where we are required to collect personal data by law, or under the terms of the contract between us, and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you do not provide us with the requested data, we may have to cancel a product or service you have ordered, but if we do we will notify you at the time.
We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at privacy AT JonnKares.com. In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing.
We may process your personal data without your knowledge or consent where this is required or permitted by law.
We do not carry out automated decision making or any type of automated profiling.
Should you provide your consent to be interviewed for research purposes, testimonials or case studies, including providing consent for such interviews to be recorded, no personally identifiable information will be published, posted or shared with any parties without your prior written consent.
3. HOW WE COLLECT YOUR PERSONAL DATA
4. MARKETING COMMUNICATIONS
Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business).
Under the EU Privacy and Electronic Communications Regulations (PECR, and other relevant regulations), we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications, and in each case you have not since opted out of receiving such communications. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However, you can still opt out of receiving marketing emails from us at any time.
Before we share your personal data with any third party for their own marketing purposes, we will first obtain your express consent to do so.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you.
If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may also disclose your information, including your Personal Information, where you have specifically provided your consent for the disclosure. You may withdraw consent to disclosures where you have previously given a specific consent by emailing us at privacy AT JonnKares.com.
We may have to share your personal data with the parties set out below:
Other companies in our group providing services to us
Service providers delivering IT and system administration services
Professional advisers including lawyers, bankers, auditors and insurers
Government bodies that require us to report processing activities
Third parties to whom we sell, transfer, or merge parts of our business or our assets
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
Notice To California Residents
We do not rent, sell or share Personal Information about you with third parties for their own direct marketing purposes unless you have opted-in to such a disclosure or were offered the opportunity to opt-out of such a disclosure at the time you provided your Personal Information and elected not to opt-out.
In addition, California residents are entitled to know that third parties may collect Personal Information about your online activities over time and across different websites when you visit our sites.
“Do Not Track” Signals: Some web browsers may transmit "do not track" signals to the websites and other online services with which the browser communicates. There is currently no standard that governs what, if anything, websites should do when they receive these signals. Therefore, our sites, like many others, may not respond to “do not track” signals.
6. INTERNATIONAL TRANSFERS
We share your personally-identifiable data when we transfer your data outside the European Economic Area (EEA).
We are subject to the provisions of the General Data Protection Regulations (GDPR) that protect your personal data. Where we transfer your data to third parties outside of the EEA, we will ensure that certain safeguards are in place to ensure a similar degree of security for your personal data. As such:
We may transfer your personally-identifiable data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or
If we use US-based providers that are part of EU-US Privacy Shield, we may transfer personally-identifiable data to them, as they have equivalent safeguards in place; or
Where we use certain service providers who are established outside of the EEA, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personally-identifiable data the same protection it has in Europe.
If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
7. DATA SECURITY
We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorization. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions, and they must keep it confidential.
We have procedures in place to deal with any suspected personal data breach, and will notify you and any applicable regulator of a breach if we are legally required to.
All payment transactions are conducted through PCI-compliant secure payment solutions providers.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our sites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of our sites like comment fields and message boards. The information you share in public areas may be viewed by any user of our sites.
Unfortunately, no electronic data transmission or storage of information can be guaranteed to be completely secure or error free, and we cannot warrant or guarantee the security of any Personal Information transmitted to our sites. Any transmission of Personal Information is at your own risk.
8. DATA RETENTION
We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
When deciding the correct length of time to retain data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorized use or disclosure, the processing purposes, if these can be achieved by other means, and legal requirements.
For tax purposes we are required to keep basic information about our customers (including Contact, Identity, Financial and Transaction data) for seven years after they stop being customers.
In some circumstances we may anonymize your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. YOUR LEGAL RIGHTS
Under data protection laws (including but not limited to GDPR) you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data, and (where the lawful ground of processing is consent) to withdraw consent.
If you wish to exercise any of the rights set out above, please email us at privacy AT JonnKares.com.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive, or we may choose to refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.
If your request or concern is not satisfactorily resolved by us and you are located in the EU, you may approach your local data protection authority (see http://ec.europa.eu/justice/data-protection/bodies/authorities/index en.html) which can provide further information about your rights and our obligations in relation to your Personal Information, as well as deal with any complaints that you have about our processing of your Personal Information.
We should be grateful if you would first contact us if you do have a complaint so that we can try to resolve it for you.
10. THIRD-PARTY LINKS