Touch Innovations Inc. and its subsidiary companies and affiliates (“Touch Innovations”) are committed to and have a policy of maintaining the privacy and security of your personal information. Although many jurisdictions have their own privacy or data protection laws, personal information is typically defined as any information about an identifiable individual.
1. Touch Innovations’s accountability
Touch Innovations is responsible for personal information under its control, including the onward transfer of personal information to a third party for processing or storage on Touch Innovations’s behalf (i.e. its service providers).
2. Touch Innovations’s purposes for collecting and using your personal information
When you use a Touch Innovations Offering, correspond with Touch Innovations, enter a contest sponsored by Touch Innovations or otherwise interact with Touch Innovations, Touch Innovations may process your personal information for the following purposes:
a) to understand and meet your needs and preferences, and to provide you with Touch Innovations Offerings, such as:
– for purposes related to the billing, activation, provision, maintenance, support, trouble shooting, resolving of disputes, deactivation, repair, refurbishment, replacement, upgrade or update of Touch Innovations Offerings;
– to ensure Touch Innovations Offerings are technically functioning as intended and to help identify and troubleshoot issues;
– to fulfill or enforce Notices applicable to a Touch Innovations Offering;
– to manage or respond to your inquiries;
b) to develop new and enhance existing Touch Innovations Offerings, and to communicate with you about them using various means, e.g. to make available or send to you:
– upgrades or updates, or notices of upgrades or updates of Touch Innovations Offerings or third party content or related products, services and software;
– notices of promotions and upcoming events;
c) to manage and develop our business and operations, such as:
– to detect, monitor, investigate, mitigate or attempt to prevent fraud and technical or security issues or to protect Touch Innovations property;
– to allow for business continuity and disaster recovery operations;
– to enforce Touch Innovations’s legal rights;
– for statistical purposes;
d) to meet legal and regulatory requirements and to respond to emergency situations, such as:
– to respond to court orders, warrants or other lawful requests or legal processes;
– to provide emergency assistance in situations that may threaten the life or physical safety of you or others; or
e) for any other purposes for which you have consented, such as those that may be set out in Notices, and other purposes as permitted or required by any applicable law.
3. Your consent
Before using Touch Innovations Offerings, you may be required to agree to an applicable Notice that may contain additional information regarding Touch Innovations’s processing of your personal information. Your agreement to the Notice or use of Touch Innovations Offerings indicates your consent for Touch Innovations to process your personal information for Touch Innovations’s identified purposes.
a) When obtaining consent is not required
In certain circumstances, your personal information may be processed without your consent depending on the jurisdiction and any applicable laws. For example, Touch Innovations may not seek consent:
– in the case of an emergency where the life, health or security of an individual may be threatened;
– when legal, medical, or security reasons make it impossible or impractical to seek consent;
– when information is necessary for the detection and prevention of fraud;
– when disclosure is to a lawyer representing Touch Innovations;
– to collect a debt;
– to comply with a subpoena, warrant or other court order, lawful request or legal process; or
– as may be otherwise required or permitted by law.
Touch Innovations does not knowingly process personal information from individuals under the age of 13 without the consent of their parent or legal guardian.
c) Aggregated or anonymous information
Touch Innovations reserves the right to process, sell, trade or rent aggregated or anonymous information that is not associated with or linked to an identifiable individual.
4. Types of information processed
The types of information that Touch Innovations may process can vary. For example:
a) Account and customer information: Information processed could include your name, postal address, email address, telephone number, device identifier information such as your model and/or serial number, communications with Touch Innovations and any recorded complaints. Touch Innovations may also process your account credentials, passwords, profile information and other information you provide to facilitate the Touch Innovations Offerings you use.
b) Applications: In some cases, Touch Innovations may process information about applications used in conjunction with your Touch Innovations Offering, including Third Party Offerings (meaning applications, products, services, software, websites or content provided by a third party, including an application developer, that may be used in conjunction with Touch Innovations Offerings, but are not offered, operated or supported by Touch Innovations).
Also, if you choose to use Third Party Offerings with your Touch Innovations Offering, certain information may be collected and disclosed to the third party, or from the third party to Touch Innovations, in order to facilitate or improve the services and functionality provided.
c) Cloud-based or back-up data: Touch Innovations may use a cloud-based or back-up and restore service provided by a third party. Personal information, including information regarding your Touch Innovations Offering or account may be sent to such service provider in order to facilitate or improve the use, remote access and restoration of Touch Innovations’s data. Your personal information may be stored, processed by or accessed through data centers and facilities located in locations other than the country where Touch Innovations’s operations are located and outside of your country of residence or employment.
d) Cookies or similar technologies: A cookie is a small text file or piece of data that is downloaded to and stored on your computer or device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes the cookie. As part of Touch Innovations’s Offerings, Touch Innovations may use different types of cookies or similar technologies (“Cookies”) from time to time.
Certain Cookies are necessary to facilitate your use of Touch Innovations Offerings (such as when you use an online shopping cart) or to protect both you and Touch Innovations when you sign-in to certain services (such as storing your credentials to make it easier whenever you want to use Touch Innovations Offerings or to confirm that you are logged in).
Other Cookies are more performance-related, such as for analytics or contextual purposes to help us understand how users engage with Touch Innovations Offerings so we can provide new and enhanced Touch Innovations Offerings (such as which pages or features are most popular).
Some Cookies are more function-related and help personalize your experience and make Touch Innovations Offerings easier to use (such as language or jurisdictional preferences), or to help Touch Innovations display personalized content to you.
Other Cookies or similar technologies may be used for targeted advertising purposes. Anonymized or aggregated information about usage of Touch Innovations Offerings may be provided, in a form that does not personally identify you, to our service providers as part of analytics services and to help manage online advertising.
Touch Innovations currently uses certain Google Analytics features (Remarketing, Google Display Network Impression Reporting, DoubleClick Campaign Manager integration, and Google Analytics Demographics and Interest Reporting) based on Display Advertising to advertise online. Visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using Google’s Ads Settings. Touch Innovations will not facilitate the merging of personally-identifiable information with non-personally identifiable information previously collected from Display Advertising features that is based on the DoubleClick cookie unless we provide notice of, and your consent to, that merger. Third-party vendors, including Google, show Touch Innovations ads on sites across the Internet. Touch Innovations and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on a user’s past visits to Touch Innovations’s website and to report how Touch Innovations’s ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to your site. Data from Google’s interest-based advertising or 3rd-party audience data (such as age, gender and interests) will be used with Google Analytics to better determine the demographics of our target customer market, and develop and market products and services that appeal to those customers.
e) Financial information: If you purchase a product, service, software or customer support directly from Touch Innovations, Touch Innovations may process credit card or other payment information and use it to facilitate billing and credit services and conduct credit checks, as applicable.
f) General usage data: In some cases, information like technical properties and general usage information of software and hardware utilized in conjunction with a Touch Innovations Offering might be processed when you use such products, services or software (e.g. type of web browser, referring or exit web pages, operating system version, hardware model of your device or personal computer platform, IP address).
g) Quality assurance and customer service: Your customer service telephone calls with Touch Innovations may be recorded or monitored for quality assurance and customer service purposes such as to assist in addressing your inquiries, troubleshooting, training and analytics to identify trends and make improvements to Touch Innovations Offerings.
5. Touch Innovations’s processing of your personal information
Touch Innovations retains personal information only as long as necessary for the fulfillment of Touch Innovations’s identified purposes or as otherwise necessary to comply with applicable laws. When personal information is no longer necessary or relevant for Touch Innovations’s identified purposes, or required by applicable laws, Touch Innovations will take steps to have it deleted, destroyed, erased, aggregated or made anonymous. Consistent with good business practice, Touch Innovations continues to evolve our controls, schedules and practices for information and records retention and destruction which apply to your personal information.
b) International operations and onward transfers
You agree that, to be able to better serve you and facilitate the use or functioning of Touch Innovations Offerings, your personal information may be collected, used, processed, transferred or stored by or on behalf of Touch Innovations in multiple jurisdictions including Canada, the United States, and any other country where Touch Innovations or our service providers have offices or facilities, including countries which may be outside the region in which you are situated and may have different privacy or data protection legislation, and may therefore be subject to the laws of these countries. If you are a resident of the European Economic Area or a country which restricts data transfers outside of that jurisdiction or region without your consent, you consent to your personal information being transferred outside of the European Economic Area or your country for processing or storage by or on behalf of Touch Innovations.
Given the international nature of our business, Touch Innovations may also be required to disclose or otherwise provide access to your data, including the contents of your communications and other information, pursuant to the laws of countries where Touch Innovations, our service providers, affiliates and data are located. By using Touch Innovations Offerings, you consent to our compliance with applicable laws including any legal process that Touch Innovations believes requires that we produce or provide access to your data and other information.
c) Marketing communications from Touch Innovations
Touch Innovations may communicate with you by a variety of means, such as using the email address or phone number you provide. Touch Innovations may communicate information, surveys, marketing materials, advertisements or customized content which has been personalized to try to make it more relevant to you as part of your existing business relationship with Touch Innovations. For example, we may do so where you have not unsubscribed from receiving such communications and it is permitted by law, where you have explicitly agreed to receive such communications, where you use free services which rely upon advertising (including targeted advertising based on profile information), or through utilizing aggregated data or data that has been made anonymous. Touch Innovations may ask you from time to time if you would like to receive from Touch Innovations or authorized third parties selected by Touch Innovations additional announcements, news, offers or event invitations regarding Touch Innovations and Touch Innovations Offerings. You may also choose to provide Touch Innovations with information in response to various Touch Innovations promotions. If you agree to participate in contests, surveys, giveaways, reviews, or other promotions that Touch Innovations sponsors or co-sponsors, please ensure that you read the Notice that may be associated with these initiatives in order to obtain further details about how your personal information will be managed. Typically, an unsubscribe mechanism is included with every Touch Innovations marketing or commercial communication. Please visit the section below on “Managing your preferences” for more information on managing marketing or commercial communications from Touch Innovations.
d) Service-related communications from Touch Innovations
Touch Innovations may also send you certain service-related communications. For example, Touch Innovations may send a welcome email or message when you first register your Touch Innovations Offering to inform you about the product or service and its terms, to notify you of important changes, to tell you how to manage your account, to provide service infrastructure notifications or information about upgrades or updates, to provide warranty information, product recall information, safety or security information, or for surveys of current or former users.
e) Information sharing
Touch Innovations uses contractual or other means to provide a comparable level of protection while confidential information is being processed or stored by our service providers. It is Touch Innovations’s policy to enter into confidentiality obligations with any third party that obtains confidential information including personal information from Touch Innovations. For example, except where Touch Innovations is required or permitted by law to disclose personal information, our service providers to whom we provide your personal information typically agree to hold the information in confidence and only use the information for the purposes for which it was provided or to comply with applicable laws.
In the event of the sale of all or a portion of Touch Innovations’s assets, Touch Innovations may provide personal information to a third party purchaser.
Touch Innovations may utilize third parties (e.g. advertising networks) to target advertisements at non-personally identifiable attributes or aggregated data that is derived from profile data processed by Touch Innovations, and provide such third parties with general statistics relating to the advertisements delivered. Please visit the section below on “Managing your preferences” for more information on managing marketing or commercial communications from Touch Innovations.
6. Accuracy of your personal information
Touch Innovations takes reasonable steps to ensure that personal information is sufficiently accurate, complete and up-to-date. Touch Innovations also depends on you to update or correct your personal information whenever necessary.
7. Safeguarding your personal information
Touch Innovations continues to evolve our physical, organizational and technological measures used to protect your personal information against loss or theft, unauthorized access, alteration or disclosure appropriate to its level of sensitivity. Touch Innovations employees are made aware of the importance of appropriately and securely handling personal information, to keep it in secure locations and systems, and to limit access to personal information to those with a need to know it for business reasons.
a) Your obligations to safeguard your personal information
You also have an obligation to safeguard your personal information. You can reduce risk of unauthorized access to your personal information by using common sense security practices. For example, you are responsible for utilizing appropriate security measures to control access to your Touch Innovations Offering and computer system, such as creating a strong password that cannot be easily guessed by others, using different passwords for different services and using up-to-date antivirus software.
8. You can access your personal information
Upon written request, Touch Innovations will inform you whether or not it holds personal information about you and provide you with access to your information within a reasonable timeframe and at minimal or no cost in accordance with applicable laws. If you identify an inaccuracy or incompleteness in your personal information, Touch Innovations will amend your information and notify any third parties as required by applicable laws.
In certain situations and depending on applicable laws, Touch Innovations may not be able to provide access to all of the personal information that it holds about you. For example, Touch Innovations may not provide access to information if doing so:
– would likely reveal personal information about a third party;
– could reasonably be expected to threaten the life or security of another individual;
– would reveal Touch Innovations or third party confidential information;
– includes information that is protected by solicitor or attorney client privilege; or
– includes information that was processed in relation to the investigation of a breach of an agreement or a contravention of a law.
In order to safeguard your personal information from unauthorized access, Touch Innovations may ask that you provide sufficient information to identify yourself prior to providing access to your personal information.
Depending on the circumstances and applicable laws, Touch Innovations may refuse to process certain access requests (e.g. access requests that are unreasonably repetitive or systematic, would be extremely impractical or require disproportionate technical effort).
9. Questions or concerns? How to contact us
-by email to: privacy [at] Touch Innovations [dot] com, or
-by regular mail addressed to: Privacy Officer, Touch Innovations, 7095 Cadiz Crescent, Toronto, Ontario, Canada, L5N 1Y3
a) Managing your preferences
Marketing or commercial communications: You may unsubscribe from receiving marketing or commercial communications about Touch Innovations products, services and software by:
– clicking the unsubscribe link at the end of any marketing or commercial communication from Touch Innovations; or
– by writing or emailing Touch Innovations’s Privacy Officer and advising what particular types of marketing or commercial communications you no longer wish to receive.
– Remove or block browser Cookies using the settings in your browser, but that may impact your ability to use certain Touch Innovations Offerings as they may not work well or at all with Cookies disabled.
If material changes are made that impact you, we will notify users by placing a prominent notice at Touch Innovations.com/legal. Depending on the circumstances, we may also decide to send users a notice electronically. If you continue to use your Touch Innovations Offerings after notice of the change has been given, you will be deemed to have accepted such changes.
Last updated: November 2013