Privacy & Cookies Policy
Privacy & Cookies Policy – Long Form
Last Updated: October 14, 2015
To the extent we provide you notice on our Service of different or additional privacy policies or practices (e.g., at the point of our collection), those additional terms shall govern such data collection and use. Younger visitors should always check with their parents or guardians before entering information on any website or mobile application and we encourage families to discuss their household guidelines regarding the online sharing of personal information.
What Information Does the Service Collect?
- Information You Provide to Us
On the Service, we may ask you to provide us or our service providers with certain categories of information, such as: (1) personally identifiable information, which is information that could be used to identify you personally, such as your first and last name, phone number, credit card number, mailing address, username and password, birth date and email address (“Personal Information”); and (2) demographic information, such as information about your age and gender (“Demographic Information”). We may collect this information through various forms and in various places on the Service, including if you register for an account, through “contact us” forms, or when you otherwise interact with the Service. If we combine Demographic Information with the Personal Information we collect directly from you on the Service or the Demographic Information can otherwise be associated with you, we will treat the combined data as Personal Information under this Privacy & Cookies Policy. Where required by applicable law (e.g., in Europe), we will treat Demographic Information as Personal Information in any event.
- Information Collected and Stored As You Access and Use the Service
In addition to any Personal Information or other information that you choose to submit to us via our Service, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you visit or interact with the Service (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our Service. To the extent we associate Usage Information with your Personal Information we collect directly from you on the Service or the Usage Information can otherwise be associated with you, we will treat it as Personal Information. Where required by applicable law (e.g., in Europe), we will treat Usage Information as Personal Information in any event.
This Usage Information may include:
- your IP address, UDID or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to your Device used to access the Service, and our computers identify your Device by its Device Identifier;
- your Device functionality (including browser, operating system, hardware, mobile network information);
- the areas within our Service that you visit and your activities there, including remembering you and your preferences;
- your Device location;
- your Device characteristics; and
- certain other Device data, including the time of day, among other information.
We will use various methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following:
- Cookies. A cookie is a text file placed on a Device when it is used to visit the Service. A Flash cookie (or Locally Shared Object) is a text file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. HTML5 cookies can be programmed through HTML5 local storage. Unlike Flash cookies, HTML5 cookies do not require a plug-in. “Regular” cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked in the future by selecting certain settings. Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard. Please refer to the help and support area on your browser for instructions on how to block or delete cookies. Note, these tools may not be effective with regard to Flash cookies or HTML5 cookies. For information on disabling Flash cookies, go to Adobe’s website www.adobe.com. For information on managing “regular” cookies, please go to www.allaboutcookies.org, or visit www.youronlinechoices.com (if you are resident in the E.U.), or visit www.aboutads.info (if you are resident in the U.S.), or visit http://youradchoices.ca/understanding-online-advertising#cookies (if you are resident of Canada), which has further information about behavioural advertising and online privacy. Please be aware that if you disable or remove cookies, Flash cookies, or HTML5 cookies on your Device, some parts of our Service may not function properly, and that when you visit our Service your ability to limit cookies is subject to your browser settings and limitations.
- Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs”, “clear GIFs” or “pixels”) may be included in our Service’s pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or email can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Service, to monitor how users navigate the Service, to count how many emails that were sent were actually opened or to count how many particular links were actually viewed.
- Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Service, and is deactivated or deleted thereafter.
- Browser/Device Fingerprinting. Collection and analysis of information from your Device, including your operating system, plug-ins, system fonts and other data, for purposes of identification.
- ETag, or entity tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.
- Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user).
We use Tracking Technologies for a variety of purposes, including:
- Strictly Necessary. These cookies or other Tracking Technologies are essential in order to help you use and access our Service. The information collected by these cookies relate to the operation of our Services, for example website scripting language and security tokens to prevent fraudulent activity, improve security or allow you to make use of Service functionality.
- Performance‑Related. These cookies or other Tracking Technologies are used to assess the performance of the Service, including as part of our analytic practices by third-party providers including Google Analytics, or otherwise to improve the content, ads, products or services offered through the Service. These cookies collect anonymous information about how you use the Service, for example which pages you visit most often, whether you receive any error messages, and how you arrived at our website.
- Functionality‑Related. These cookies or other Tracking Technologies offer you enhanced functionality when accessing the Service, including identifying you when you use our Service or keeping track of your specified preferences, for example the country you visit our Service from, your language and the presentation of content on our Service (such as font size).
- Targeting-Related. These cookies or other Tracking Technologies to deliver content, including ads relevant to your interests on our Service and third‑party services based on how you interact with our advertisements and/or content and those of third-party services. This includes using cookies to understand the usefulness to you of the content and ads that have been delivered to you. These cookies are usually placed by third-party advertising networks.
There may be other Tracking Technologies now and later devised and used by us in connection with the Service. Further, Please note that third parties may use Tracking Technologies in connection with our Service, which may include the collection of information about your online activities over time and across third-party websites or online services. See Section 5 below for more information on targeted ads. We do not control those Tracking Technologies and subject to applicable law, we are not responsible for them. However, you consent to potentially encountering third-party Tracking Technologies in connection with use of our Service and accept that our statements under this Privacy & Cookies Policy do not apply to the Tracking Technologies or practices of such third parties.
- Location-Based Information
Our Service may use location-based services in order to locate you so we may verify your location, deliver you relevant content and ads based on your location as well as to share your location with our vendors as part of the location-based services we offer. You may be able to change the settings on your Device to prevent it from providing us with such information. You should consider the risks involved in disclosing your location information to other people.
- Information Third Parties Provide About You
We may receive information about you from your friends and others that use the Service, such as when they submit content to us or post on the Service. Additionally, we may, from time to time, supplement the information we collect directly from you on our Service with outside records from third parties for various purposes, including to enhance our ability to serve you, to tailor our content to you and to offer you opportunities that may be of interest to you. To the extent we combine information we receive from those sources with Personal Information we collect on the Service, it will be treated as Personal Information and we will apply this Privacy & Cookies Policy to such combined information, unless we have disclosed otherwise.
- Interactions with Third-Party Services
The Service may include functionality that allows certain kinds of interactions between the Service and a third-party web site or application. The use of this functionality may involve the third-party operator providing certain information, including Personal Information, to us. For example, when you register with the Service, you may have an option to use your Facebook, Twitter, Google or other account provided by a third-party site or application to facilitate the registration and log-in or transaction process on the Service, or otherwise link accounts. If we offer and you choose to use this functionality to access or use our Service, the third-party site or application may send Personal Information about you to us. Further, if you click on social media icons on the Service (such as for Facebook, Twitter or Instagram), those actions may be associated with, and we may have access to, your Personal Information you provided on those third-party sites or applications. If so, we will then treat it as Personal Information under this Privacy & Cookies Policy, since we are collecting it as a result of your accessing of and interaction on our Service. In addition, we may provide third-party sites’ interfaces or links on the Service to facilitate your sending a communication from the Service. For example, we may use third parties to facilitate emails, tweets or Facebook postings. These third parties may retain any information used or provided in any such communications or other activities and these third parties’ practices are not subject to our Privacy & Cookies Policy. WildBrain may not control or have access to your communications through these third parties. Further, when you use third-party sites or services, you are using their services and not our services and they, not we, are responsible for their practices. You should review the applicable third-party privacy policies before using such third-party tools on our Service.
- California Do Not Track Disclosures
Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services (e.g., browser do not track signals). Currently, we do not monitor or take any action with respect to these signals or other mechanisms.
- Information You Provide About a Third Party
You may request that we send someone else a communication from the Service on your behalf, such as sending an invitation to a friend or family member. You must have obtained the consent of your friend before making such submissions. The information you provide (names, email addresses, etc.) is used to facilitate the communication and is not used by us for any other marketing purpose unless we obtain consent from that person. Please be aware that when you use any send-to-a-friend functionality on our Service, your contact information, name or user name and message may be included in the communication sent to your addressee(s). Some of these tools may be third-party tools subject to third-party privacy policies.
- Information You Provide to Us
How Do We Use the Information Collected?
- Use of Information by Us.We may use your Personal Information, Demographic Information or Usage Information that is subject to this Privacy & Cookies Policy:
- to process transactions you request; or provide you with information such as to send you electronic newsletters or
- to provide you with special offers or promotional and marketing materials on behalf of us or third parties, including to let you know about new products, services or upcoming events, where you have given us the appropriate permissions if required by applicable law;
- to improve the Service, marketing endeavors or our Service offerings;
- to customize your experience on the Service or to serve you specific content or ads that are relevant to you, including using your location information to display advertisements for businesses in your close vicinity, where you have given us the appropriate permissions if required by applicable law;
- to place an order made through the Service;
- to notify you of product recalls or providing other information concerning products you have purchased;
- to provide customer support;
- to contact you with regard to your use of the Service and, in our discretion, changes to the Service and/or Service’s policies;
- to identify your product and Service preferences so that you can be informed of new or additional products, services and promotions;
- to enable you to participate in a variety of the Service’s features such as to enable you to participate in online entry sweepstakes, contests or other promotions;
- to improve the overall experience at the Service;
- for internal business purposes; and
- for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy & Cookies Policy.
- Use of Information for Recruitment Purposes.
Where you have provided us with Personal Information or Demographic Information as part of an online application for employment or internship, we may use that information in order to allow us to make an informed decision about whether to proceed with your application. We may, as part of this recruitment process, collect information about your education, employment history and similar matters in order to help us determine your suitability for employment. Where this Personal Information or Demographic Information is considered to be sensitive, U.S. residents expressly consent to our processing of this information for recruitment purposes by submitting it to us.
- Use of Information by Us.We may use your Personal Information, Demographic Information or Usage Information that is subject to this Privacy & Cookies Policy:
- How and When Do We Share Information with Third Parties?
We may share non-Personal Information, such as aggregated user statistics, with third parties. We may share your Device Identifiers with third parties along with data related to you and your activities for the purposes identified in Section 2 above. Further, we may share your Personal Information with third parties such as our co-promotional partners or others with whom we have marketing or other relationships for the third parties’ direct marketing purposes. If you are a California resident, you have the right to request additional information about this sharing, so please see Section (3)(g) below. In addition, we may share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information and as described below or otherwise in this Privacy & Cookies Policy. We may also disclose your information as follows:
- When You Request Information From or Provide Information to Third Parties. You may be presented with an option on our Service to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it. If you choose to do so, certain portions of your Personal Information and other information may be disclosed to such third parties and all information disclosed will be subject to the third-party privacy policies and practices of such third parties. In addition, third parties may store, collect or otherwise have access to your information when you interact with their Tracking Technologies, content, tools, apps or ads on our Service or link to them from our Service. This may include using third-party tools such as those of Facebook, Twitter, Pinterest or other third-party posting or content sharing tools and by so interacting you consent to such third party practices. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review such third-party privacy policies and practices of such third parties prior to requesting information from or otherwise interacting with them.
- Third Parties Providing Services on our Behalf.
We may use third-party vendors to perform certain services on behalf of us or the Service, such as: (i) to assist us in Service operations; (ii) to manage a database of customer information; (iii) hosting the Service; (iv) designing and/or operating the Service’s features; (v) tracking the Service’s activities and analytics; (vi) enabling us to send you special offers or perform other administrative services; and (vii) other services designed to assist us in maximizing our business potential. We may provide these vendors with access to user information, including Device Identifiers and Personal Information, they need in order to carry out the services they are performing for you or for us. We do not authorize our service providers to use Personal Information for any purpose other than providing the services on our or your behalf. We may also use third-party analytics and other service providers to help us gather and analyze information about the areas that you visit on our websites in order to evaluate and improve the user experience and the convenience of our Service, and to help us evaluate some of the specific information related to your Service visits. Such third parties may set and access Tracking Technologies on your Device and they may otherwise collect or have access to information about you, potentially including Personal Information, about you. Subject to applicable law, we are not responsible for those third party technologies or activities arising out of them. However, some of these third parties may offer you certain choices regarding their practices, and information we have been informed of regarding such choices is available here. We are not responsible for the effectiveness of or compliance with any third parties’ opt-out options.
- To Protect the Rights of WildBrain and Others.
- Affiliates and Business Transfer.
We may share your information, including your Device Identifiers and Personal Information, Demographic Information and Usage Information with our parent, subsidiaries and affiliates. Subject to applicable law, we may disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Service or applicable database; or (ii) in connection with a prospective or completed merger, consolidation, restructuring, the sale of substantially all or part of our interests and/or assets or other corporate change, including, during the course of any due diligence process.
- Co-branded Areas.
- Sweepstakes, Contests and Promotions.
We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) through the Service that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.
- Your California Privacy Rights.
We may elect to share information about you with third parties for those third parties’ direct marketing purposes. California Civil Code § 1798.83 permits California residents who have supplied personal information (as defined in the law) to us to, under certain circumstances, request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. If this law applies to you, you may obtain the categories of personal information shared by us and the names and addresses of all third parties that received personal information for their direct marketing purposes from us during the immediately prior calendar year (e.g., requests made in 2015 will receive information about 2014 sharing activities). To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. To make such a request (limit one request per year), please send an email to: firstname.lastname@example.org, with “California Privacy Rights” as the subject line or mail us a letter to: WildBrain Ltd., 25 York St. Suite 1201, Toronto, ON, M5J 2V5. You must include your full name, email address, and postal address in your request.
- Your European Privacy Rights.
If you are a resident of the European Economic Area (“EEA”) or Switzerland, you may have the right to ask us not to process certain of your personal data (or provide it to third parties to process) for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. Further, you can prevent such processing by indicating who you are and any contact information you have previously provided to us, asking us to cease processing your personal data and indicating your jurisdiction of residence, by contacting us in the following ways: Postal Mail: WildBrain Ltd., 25 York St., Suite 1201, Toronto, Ontario, M5J 2V5.; By e-mail: email@example.com.
What About Information I Disclose Publicly or to Others?
- User Content and Public Information.
The Service may permit you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, information about your location, questions, comments, suggestions or other content including Personal Information (collectively, “User Content”). We or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Others may have access to this User Content and may have the ability to share it with third parties. Please think carefully before deciding what information you share, including Personal Information, in connection with your User Content. Please note that WildBrain does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the Service or what others do with information you share with them on the Service. We are not responsible for the accuracy, use or misuse of any User Content that you disclose or receive from third parties through the Service.
- Name and Likeness.
- User Content and Public Information.
Ads and Information About You
Does Third-Party Content, Links to Third-Party Sites, and/or Third-Party Apps appear on the Service?
The Service may contain content, links or apps that are supplied by a third party, and those third parties may collect Usage Information and your Device Identifier when pages from the Service are served to you for their own commercial purposes. In addition, when you are on the Service you may be directed to other sites and apps that are operated and controlled by third parties that we do not control. We are not responsible for the data collection and privacy practices employed by any of these third parties or their sites or apps and they may be tracking you across multiple online services and may be sharing the results of that tracking with us and/or others. These third parties may have their own terms of service, privacy policies or other policies and ask you to agree to the same. For example, if you “click” on a link, the “click” may take you off the Service onto a different location. These other online services may associate their Tracking Technologies with you, independently collect information about you, including Personal Information, and may or may not have their own published privacy policies. We are not responsible for these third-party privacy policies or the practices of Third-Party Owners. Be sure to review any available policies before submitting any personally identifiable information to a third-party application or otherwise interacting with it and exercise caution in connection with these applications. We also encourage you to note when you leave our Service and to review the third-party privacy policies of all third-party locations and exercise caution in connection with them.
How Do I Access, Update or Correct My Information, Communications Preferences and Questions?
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. The Service may allow you to access, review, correct, update or delete Personal Information you have provided through the Service’s registration forms or otherwise by updating your Service account, and you may provide registration updates and changes by contacting us by email at: firstname.lastname@example.org. In addition, depending on your jurisdiction, you may have the right to access all of your Personal Information in our custody and control, subject to certain exceptions prescribed by law, and you may do so by contacting us as set forth below. If so, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records). Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons. When you edit your Personal Information or change your preferences on the Service, information that you remove may persist internally for WildBrain’s administrative purposes. You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of emails the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Service, such as administrative and Service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.If you have any questions or complaints about the Privacy & Cookies Policy or practices described in it (including the manner in which we or our service providers treat your information), you should contact us in the following ways: Postal Mail: WildBrain Ltd., 25 York St., Suite 1201, Toronto, Ontario, M5J 2V5. (Attn: Privacy Officer); Email: email@example.com.
What About the Transfer of Information to Other Countries?
Although WildBrain Television’s headquarters are located in Halifax, Canada, we have offices in the United States and the European Union. Thus, the Service is operated in Canada, the United States and the European Union and intended for users located in these jurisdictions. If you are located outside of the Canada or the U.S., please be aware that information we collect including Personal Information, will be transferred to, and processed, stored and used in Canada or the U.S. by WildBrain Television, its affiliates, and/or third party service providers. Also, please be aware that information we collect, including Personal Information, may be transferred to, and processed, stored and used in countries outside of Canada where the local governments, courts, government agencies and law enforcement authorities may be able to access that information. By using the Service or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information, including Personal Information, in Canada, the United States and/or the European Union as described in this Privacy & Cookies Policy.
What Should Parents Know About Children?
We understand the importance of protecting children’s privacy in the interactive world. We recognize the need to provide further privacy protections with respect to personal information we may collect from children under the age of thirteen (13) (“Child” or “Children”) and do not knowingly collect personal information from Children on our Services that require parental notice and consent under the Children’s Online Privacy Protection Act (“COPPA”) without obtaining such parental consent.Some of the features on our Service are “age-gated” so that they are not available for use by Children, and we do not knowingly collect personal information from Children in connection with those features. When we intend to collect personal information from Children, we take additional steps to protect Children’s privacy, including:
- Notifying parents about our information practices with regard to Children, including the types of personal information we may collect from Children, the uses to which we may put that information, and whether and with whom we may share that information.
- In accordance with applicable law, obtaining consent from parents for the collection of personal information from their Children, or for sending information about our products and services directly to their Children.
- Limiting our collection of personal information from Children to no more than is reasonably necessary to participate in an online activity.
- If the Service is either directed to Children or we have actual knowledge that a user is a Child, the Child may be asked to provide his or her parent’s or guardian’s email address.
- Giving parents access or the ability to request access to personal information we have collected from their Children and the ability to request that the personal information be changed or deleted.
In the event that we become aware that we have collected personal information from any Child without first having obtained parental consent, we will dispose of that information in accordance with COPPA and other applicable laws and regulations. If you are a parent or guardian and you believe that your Child under the age of thirteen (13) has provided us with personal information without COPPA-required consent, please contact us at firstname.lastname@example.org.
What About Security?
We endeavor to incorporate commercially reasonable, technical, physical and administrative safeguards to help protect and secure your Personal Information in our custody and control. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Service and provide us with your information at your own risk.
What About Changes to the Privacy & Cookies Policy?