Privacy Policy

Creative Layer Privacy Policy



1. What is this Privacy Policy for?

We are Creative Layer Inc. (“Creative Layer”, “we”, “us”, “our”), a Canadian registered company. This privacy policy is for the personal information collected through Creative Layer website CreativeLayer.com (“Websites”), and the services offered through them (“Services”). This privacy policy sets out how Creative Layer uses the personal information of users who choose to access and use the Websites or Service (“Users”). Unless otherwise indicated, “Users” includes our subscribers (“Subscribers”) and their end customers (“Customers”)  in respect of our subscribers’ use of the service, subject to section 2 (choice).  “Personal Information” or “personal data” includes any personal information that identifies or could identify, or is associated with information that identifies or could identify, an individual. It does not include data which cannot be related to an identifiable person (anonymous data).

 

2. Choice

It is always a User’s choice whether or not to provide Personal Information. However, if a User chooses not to provide requested Personal Information, that User will not be able to use certain features of the Services. We set out in detail below the information that we collect about Users and Users’ use of our Services. Creative Layer does not collect on its own behalf things like protected health information, date of birth, social security or other government-issued identification number, and other sensitive personal information.

 

Where our Service is implemented by our Subscribers, we act as data processor and not as data controller. Queries and requests for information by Customers in respect of information processed by us on behalf of our Subscribers should be addressed to our Subscribers.

 

3. The Information We Collect About Users

We may collect, use, store and transfer different kinds of personal data about Users which we have grouped together follows:

·   Identity Data includes first name, last name, or similar identifier (and for Customers may include alternate names such as for gifts)

·   Contact Data includes email address and telephone numbers (and for Customers may include the foregoing for alternates such as for gifts).

·   Profile Data includes Users’ profile data saved through the Service.

·   Content Data includes content information that Users upload to the Service which may include personal information, including without limitation text content, images or other forms of content.

·   Technical Data includes internet protocol (IP) address, browser type and version, operating system and platform, device identifiers and pseudonymous unique identifiers.

·   Payment Data (in respect of Subscribers only) includes credit card number, bank account number and similar information

·   Usage Data includes data about how Users use our Services, such as browsing actions within the portal, the buttons and controls. Users click on, pages of our portal that Users visit, the time spent on those pages, User’s search queries, the dates and times of User’s visits, and workplace usage.

 

We also collect, use and share Non-personalized data called “Service Data” such as statistical or demographic data for any purpose. Service Data may be derived from User’s Personal Information but is not considered personal information in law as this information does not directly or indirectly reveal User’s identity. For example, we may aggregate User’s Usage Data to calculate the percentage of users accessing a specific Website feature.

We do not collect any Special Categories of Personal Data about Users (this includes details about User’s race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about User’s health and genetic and biometric data). We do not collect any information about criminal convictions and offences.

 

4.  How Is User’s Personal Information Collected

We use different methods to collect data from and about Users including through:

·   Direct interactions. Users may give us User Identity, Contact and Profile Data by registering for or using the Services and completing fields within the Services

·   Automated technologies or interactions. As Users interact with our Services, we may automatically collect Technical and Usage Data about User’s equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.

·   Third parties or publicly available sources. We may receive Personal Information about Users from various third parties and public sources as set out below:

·   Technical Data from the third parties such as the following:

a.       analytics providers such as Google Analytics;

b.       search information providers such as Google.

 

5. Purposes for Which We Will Use User’s Personal Information

We have set out below, in a table format, a description of all the ways we plan to use Users’ Personal Information.

 

Purpose/Activity Type of Data
To deliver the Services to Users (including by recognizing users across the devices they use, and providing, maintaining, tailoring and improving website and services) a. Identity b. Contact c. Profile d. Content e. Usage f. Technical
To register Users accounts on the Services a. Identity b. Contact
To administer and protect our business and this the Services (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) a. Identity b. Contact c. Technical
To use data analytics to improve our Services, customer relationships and experiences and to personalize our Services and create and improve machine learning algorithms and similar a. Technical b. Usage c. Content
To make suggestions and recommendations to Users about Services that may be of interest to Users and to provide Users with information, products or services they request a. Identity b. Contact c. Technical d. Usage e. Profile
To improve our Services including: a) tracking email open rates, web page visits and form submissions) b) To inform Creative Layer as to what content is effective c) To provide follower updates d) To personalize Creative Layer’s Services a) Identity b) Contact c) Profile d) Usage e) Technical

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6. Disclosures

We may disclose Personal Information that we collect, or Users provide as described in this Privacy Policy:

  • To our linked service providers who may provide services connected to our Services (including without limitation including current and future fulfillment partners including www.Jondo.com  who provide the physical prints of canvasses)
  • To our subsidiaries and affiliates where they are providing Services.
  • To contractors, service providers, and other third parties we use to support our business solely for the purpose of them providing services to us.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Creative Layer’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Creative Layer about our Website, Service, and/or Users are among the assets transferred.
  • To fulfill the purpose for which Users provide it.
  • For any other purpose expressly disclosed by us when Users provide the information.
  • With User’s express consent to other uses not indicated in this Privacy Policy.

We may also disclose User’s Personal Information:

  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Service and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Creative Layer, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

  

7. Access

Upon request, Creative Layer will provide Users with information about whether we hold any of a User’s Personal Information. Creative Layer enables Users to access and correct Personal Information we have collected. If Users have any concerns or suspect unauthorized activities associated with User’s account, please contact us at support@creativelayer.com. We will respond to Users request within a reasonable timeframe, and in any event within 30 days of receipt of request.

Creative Layer acknowledges that Users have the right to access, update, revoke permission to process, or request the deletion of User’s Personal Information. Any such query can be directed to Creative Layer’s Data Protection Officer at support@creativelayer.com. If requested to remove data under either scenario, we will respond within a reasonable timeframe.

 

8. Security and Enforcement

The security of User’s Personal Information is important to us. We use security safeguards appropriate to the sensitivity of the information to ensure that User’s Personal Information is stored and maintained in a secure environment. Creative Layer exercises managerial and technical safeguards designed to protect against the loss or unauthorized use or disclosure of Personal Information belonging to our Users. These safeguards include encryption, malware protection, logical and physical access controls, and detection of social engineering attacks.

 

Creative Layer monitors and reviews security safeguards and takes corrective action whenever we discover deviations from our Privacy Policy.

 

9. Retention of Data

Creative Layer will keep User’s Personal Information for as long as it remains necessary for the identified purposes set out below or as required by law, which may extend beyond the termination of our relationship with User. Users acknowledge and agree that if a User requests that a User’s name be removed from our databases, it may not be possible to completely delete all User’s Personal Information due to legal constraints.

Data Type

Retention period

Reason

Identity, Contact and Profile data

Subscription term and 3 months after account termination

To provide the Services to you during the subscription term.

 

Technical and Usage data

3 years after account termination

To provide the Services to you during the subscription term and to protect against fraud.

 

 

10.   Managing the Online Collection of Additional Data

As Users navigate through and interact with our Website and Services, we may use automatic data collection technologies to collect certain information about User’s equipment, browsing actions and patterns, including:

  • Details of User’s visits to our Website or Service and other communication data and the resources that Users access and use on the Website, Service or account.
  • Information about User’s computer and Internet connection, including User’s IP address, operating system, and browser type.
  • We also may use these technologies to collect information about User’s online activities over time and across third-party websites or other online services (behavioral tracking).
  • When Users access and use the Website or Services, we may automatically collect certain details of User’s access to and use of the Website or Services, including traffic data, location data, and other communication data and the resources that Users access and use on or through the Website or Services.
  • We may collect information about User’s mobile device and Internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information and the device’s telephone number.
  • Our Website and Service collects real-time information about the location of User’s device.

We and our third-party service providers may collect information about Users in a variety of ways. We and/or our third-party partners may employ various tracking technologies, such as cookies, web beacons and analytics software, that help us better manage content on our Services by informing us what content is effective.

 

11.   Use of Cookies

The Website uses cookies to better the User’s experience while visiting the Website. Where applicable the Website uses a cookie control system allowing the User on their first visit to the website to allow or disallow the use of cookies on their computer / device. This complies with recent legislation requirements for websites to obtain explicit consent from Users before leaving behind or reading files such as cookies on a user's computer / device.

Cookies are small files saved to the User's computer’s hard drive that track, save and store information about the User's interactions and usage of the Website. This allows the Website, through its server, to provide the Users with a tailored experience within the Website.

Users are advised that if they wish to deny the use and saving of cookies from the Website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from the Website and its external serving vendors.

The Website uses tracking software to monitor its visitors to better understand how they use it. This software is provided by Google Analytics which uses cookies to track visitor usage. The software will save a cookie to User’s hard drive in order to track and monitor engagement and usage of the Website, but will not store, save or collect Personal Information.

Other cookies may be stored on your computer’s hard drive by external vendors when the Website uses referral programs, sponsored links or adverts. Such cookies are used for conversion and referral tracking and typically expire after 30 days, though some may take longer. No Personal Information is stored, saved or collected.

 

12.   Payment Processing

When you use the Services, we will process your payment using third party payment processing providers, such as Stripe. You can find out more about how they secure your sensitive information here: https://stripe.com/en-ca/privacy

Creative Layer does not store or have access to your financial information such as credit card numbers or bank numbers.

Creative Layer may also use Apple Pay or Android Pay if available. You can find out more about how they secure your sensitive information here: https://www.apple.com/ca/apple-pay/ https://pay.google.com/intl/en_ca/about/

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13.   Links

The Creative Layer Service may contain third party links, including sponsored links and adverts.

We may link to third party websites from within the Service such as Twitter or Facebook. These will typically be served through our advertising partners, who may have detailed privacy policies relating directly to the adverts they serve. Clicking on any such adverts will send you to the advertiser’s website through a referral program which may use cookies and will track the number of referrals sent from the Service. This may include the use of cookies which may in turn be saved on your computer’s hard drive.

We take no responsibility for any external links or the websites or content to which they may direct Users. Users should click on external links at their own risk. We cannot be held liable for any damages or implications caused by visiting any external links mentioned.

  

14.    Transfers and disclosures of Data

Creative Layer’s headquarters in Canada is our primary location for business operations, but may process or transfer data in or to other jurisdictions in the course of providing the Services.

For example, regarding normal business operations, Creative Layer may engage a third-party to support our data storage, data processing, billing, support services, information technology, or mailings on our behalf, which third party’s facilities may be located in another jurisdiction.

We may also disclose User’s Personal Information as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect User’s safety, or the safety of others, investigate fraud, or respond to a government request.

  

15.   Additional Privacy Protections for Minors

We join the industry in recognizing that children, including young teens, may not be able to make informed choices about Personal Information requested online. Creative Layer does not solicit or knowingly collect Personal Information of those under the age of sixteen.

 

16.   Changes to this Privacy Policy

Creative Layer may make changes to this Privacy Policy from time to time for any reason. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make any material changes or changes in the way we use information, we will notify customers via e-mail or by posting an announcement on the Website and Service prior to the change becoming effective. Website and Service users are bound by any changes to the Privacy Policy after such changes have been posted.

In the event that Creative Layer is involved in a merger, acquisition or asset sale, we will continue to ensure the confidentiality of any Personal Information and give affected Users notice before Personal Information is transferred or becomes subject to a different privacy policy. Users will be notified via email and/or a prominent notice on our Website or Service of any change in ownership or uses of User’s information, as well as any choices Users may have regarding User’s information.

 

17.   Contact information.

Creative Layer Privacy Officer

135 Laurier Avenue West

Suite 100

Ottawa, ON K1P 5J2

 

Updated: June 23, 2021