ArtistDefense Privacy Policy

Last Updated: January 17, 2017

Introduction

ArtistDefense Inc. (“ADI”) recognizes the importance of privacy and the sensitivity of Personal Information (defined below). ADI is committed to protecting any Personal Information that it holds. This Privacy Policy outlines how ADI manages your Personal Information and safeguards your privacy. ADI’s Privacy Policy does not apply to information about business entities that carry on business as corporations, partnerships or in other forms of association. ADI does, however, protect the confidentiality of such information in accordance with the law and ADI’s own policies. Your initial and continued use of the ADI website (the “Website”) indicates your acceptance of this Privacy Policy. Since ADI regularly reviews all of its privacy policies and procedures, ADI may change its Privacy Policy from time to time, without notice. You are encouraged to review the Privacy Policy regularly. IF YOU DO NOT AGREE WITH ADI’S PRIVACY POLICY PLEASE DO NOT USE THE WEBSITE.

Personal Information

According to the Personal Information Protection and Electronic Documents Act in Canada, and for the purposes of this Privacy Policy, “Personal Information” means information about an identifiable individual, (e.g. name, address, e-mail address, telephone number and credit card information), but does not include the name, title or business address or telephone number of an employee of an organization.

Children

ADI does not intend to either solicit or collect personal information from anyone under the age of eighteen (18) (“Children”). Children are not authorized to use this site unsupervised and are not authorized to register for an account or submit any personal information to ADI. By using the Website, you warrant that you are 18 years of age or older.

In most cases, your consent to provide ADI with your Personal Information (and/or any other information) will be implied through your conduct with it (e.g. speaking with ADI’s staff). In the event that ADI requires more detailed information, ADI will request your consent.

Identifying Purposes – The Personal Information ADI Collects and How and Why It Collects It

In the event that ADI does collect Personal Information, it only collects that which is necessary to provide services to you and administer its databases. ADI collects information only by lawful and fair means and not in an unreasonably intrusive way. Below are some examples of how ADI may collect and use your Personal Information (and/or any other information):

  1. Client Registration: In order to use ADI’s services, you may need to provide ADI with your Personal Information. ADI may also distribute newsletters and other promotional materials that provide the latest information from ADI and which ADI believes may be of interest to its clients. If you wish not to receive such information and materials, you may request to be removed from ADI’s newsletter and promotional materials list.
  2. Recipients of Copyright Infringement Communications: you may need to provide ADI with your Personal Information in order to facilitate the settlement of a copyright infringement claim and (in some cases) a credit card number so that ADI can process your payment and administer its databases. ADI only uses credit card numbers to process a transaction; ADI does not keep credit card numbers on file.
  3. Cookies: ADI automatically sends a tiny text file called a “cookie” to your computer. A cookie is a piece of information that your computer shows to ADI’s server whenever you visit the Website. As the Website evolves, ADI may be able to provide you with many additional levels of service based on its ability to recognize you via your cookie. ADI does not disclose information in your cookie to other parties. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of the Website.
  4. Google Analytics: The Website may use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics utilizes cookies to help ADI analyze how users use the Website, but it does not collect Personal Information. The information generated by the cookie about your use of the Website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for ADI and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. It is Google’s policy to not associate your IP address with any other data held by Google. By using the Website, you consent to Google processing data in the manner and for the purposes set out above. You may at any time reject the collection and storage of data by Google Analytics by using the tools available at tools.google.com/dlpage/gaoptout.
  5. Web Beacons: In addition to cookies and Google Analytics, ADI may utilize other third-party technologies, including single-pixel gifs (commonly referred to as “web beacons”) on the Website and in promotional e-mails or newsletters. Web beacons are not used to collect Personal Information. They allow ADI to measure actions associated with a user (through an IP address) when a page that contains a web beacon is opened on the Website. ADI uses web beacons to help determine how many users have visited certain pages of the Website or opened promotional e-mails or newsletters. When you click on a page of the Website or open an e-mail from ADI that includes a web beacon, your actions, such as which pages you visited or images that you clicked on or licensed, will be recorded. This allows ADI, and the third-party partners we work with, to display customized advertisements for ADI’s products to you on third party websites and for ADI to create customized communications to you based on your actions. If you would like to know more about how ADI uses third-party technologies such as web beacons, you can contact us directly at privacy@artistdefense.com.

Limiting Use, Disclosure, and Retention

ADI does not use or disclose Personal Information for purposes other than those for which it was collected. Also, ADI retains Personal Information only for as long as it is needed. Certain Personal Information (and/or any other information) may be disclosed to third party contractors solely for the purpose of processing or answering your request(s) including ADI’s representatives, parent company, subsidiaries, affiliates and authorized payment processors. Under certain circumstances, ADI will disclose your Personal Information:

  1. when ADI is required or authorized by law to do so;
  2. when you have consented to the disclosure, either in writing or through your conduct;
  3. if ADI engages a third party to provide administrative services to it (e.g. computer back-up services or archival file storage);
  4. as a part of any business merger, sale of the assets of ADI or acquisition as well as in the event of an insolvency, bankruptcy or receivership in which Personal Information would be transferred as part of ADI’s business assets; or
  5. if the information is already publicly known. ADI does not, however, transfer, sell or otherwise disclose any of your Personal Information (and/or any other information) to any third party to enable them to market their products and services to you.

Access to Your Personal Information

You may ask ADI for access to your Personal Information. All requests must be in writing and addressed to ADI’s Privacy Officer. A small administrative charge may apply, depending on the request. Your rights to access your Personal Information are not absolute. ADI may deny access when:

  1. denial of access is required or authorized by law;
  2. information relates to existing or anticipated legal proceedings against you;
  3. when granting you access would have an unreasonable impact on other people’s privacy;
  4. when to do so would prejudice negotiations with you; or
  5. to protect ADI’s rights and property If ADI denies your request for access to Personal Information, it will explain why.

Accuracy – Updating Your Information

If ADI has Personal Information about you and your Personal Information has changed or is inaccurate, please inform ADI so that it can make any necessary changes.

Safeguards ADI takes all reasonable precautions to ensure that your Personal Information (and/or any other information) is kept safe from loss, unauthorized access, modification or disclosure. Among the steps taken to protect your information are:

  1. premises security;
  2. restricted file access to Personal Information;
  3. technological safeguards like security software and firewalls to deter hacking or unauthorized computer access; and
  4. internal passwords and security policies. Given the evolving nature of the Internet, ADI cannot guarantee that its security measures will be sufficient to protect your Personal Information, however, ADI will maintain all safeguards it deems reasonably necessary in order to ensure the security, integrity and privacy of your Personal Information.

Communicating with ADI (e-mails)

ADI welcomes e-mail communication and uses it frequently. However, e-mail is not a 100% secure medium, and you should be aware of this when contacting ADI to send Personal Information (and/or any other information). ADI will not be liable for any Personal Information (and/or any other information) transmitted to it by e-mail.

Transmission Through Other Countries

You agree and understand that, because of the nature of the Internet, Personal Information (and/or any other information) may be transmitted through other countries that have different rules governing privacy.

At times, the Website may contain links to other sites, which are not governed by this Privacy Policy. To be clear, ADI is not responsible for Personal Information (and/or any other information) that you disclose through other websites that you may have accessed through the Website. Agreements with Third Parties ADI may enter into agreements with other third parties (e.g. other service providers or suppliers) who may require access to your Personal Information (and/or any other information). ADI strives to ensure that these third parties also respect your Personal Information (and/or any other information), however, ADI is not liable for any Third Party misuse of your Personal Information (and/or any other information).

Requests for Access

If you have any questions regarding Personal Information, please write to ADI’s Privacy Officer:

By Mail: ArtistDefense Inc.
3 Concorde Gate, 4th Floor
Toronto, Ontario
Canada M3C 3N7
Attention: Privacy Officer
By E-mail: privacy@artistdefense.com


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