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Midnight Noise Inc. Privacy STATEMENT

Last revised: January 14, 2019


Midnight Noise is a mobile app developed by Midnight Noise Inc. (the “Company”, “we” or “us”), that is made available to you via the Midnight Noise mobile app (the “App”), for which we provide further information on at: https://www.midnightnoise.com/ (the “Site”, collectively, with the App, the “Service”). We are  committed to protecting your privacy and safeguarding your Personal  Information (as defined in question 2). The purpose of this Privacy  Statement is to inform you about the types of Personal Information the  Company collects, uses and discloses. It explains how we use and  disclose that information, the choices you have regarding such use and  disclosure, and how you may correct that information.

Your privacy is one of our priorities. We are proud to demonstrate  our commitment to your privacy by complying with the laws and  regulations under applicable privacy laws, including the General Data  Protection Regulation (“GDPR”) (EU) 2016/679. Specifically, as we  are a Canadian organization, this Privacy Statement is designed to meet  the standards prescribed by the Personal Information Protection and  Electronic Documents Act and the regulations thereunder (“PIPEDA”)  as well as applicable provincial privacy legislation and regulations,  including, the Personal Information Protection Act (Alberta), the  Personal Information Protection Act (British Columbia), and An Act  respecting the protection of personal information in the private sector  (Quebec) (collectively “Canadian Privacy Laws”).

From time to time, we may make changes to this Privacy Statement. The  Privacy Statement is current as of the “last revised” date which  appears at the top of this page. We will treat Personal Information in a  manner consistent with the Privacy Statement under which it was  collected, unless we have your consent to treat it differently. This  Privacy Statement applies to any information we collect or receive about  you, from any source.

The Service may contain features or links to websites and services  provided by third parties. Any information you provide on third-party  sites or services is provided directly to the operators of such services  and is subject to those operators’ policies, if any, governing privacy  and security, even if accessed through the Service. We are not  responsible for the content or privacy and security practices and  policies of third-party sites or services to which links or access are  provided through the Service. We encourage you to learn about third  parties’ privacy and security policies before providing them with  information.


The following topics will be covered in this Privacy Statement:


  1. To which companies does this Privacy Statement apply?
  2. What is Personal Information?
  3. How do we collect your Personal Information?
  4. How do we use your Personal Information?
  5. To whom do we provide your Personal Information?
  6. When and how do we obtain your consent?
  7. How long will we utilize, disclose or retain your Personal Information?
  8. What are your rights regarding your Personal Information?
  9. What safeguards have we implemented to protect your Personal Information?
  10. How do we use your location services?
  11. How do you contact us regarding access to your Personal Information or our privacy practices?


1. To which companies does this Privacy Statement apply?

This Privacy Statement applies to the collection, use and disclosure of Personal Information by the Company.


2. What is Personal Information?

“Personal Information” is any information that is identifiable with  you, as an individual. This information may include but is not limited  to your name, company, mailing address, e-mail address, billing address  and credit card information.


3. How do we collect your Personal Information?

We will always collect your Personal Information by fair and lawful  means (for example, when you register with us). We may collect Personal  Information from you directly and/or from third parties, where we have  obtained your consent to do so or as otherwise required or permitted by  law. The legal bases for our processing of Personal Information are  primarily that the processing is necessary for providing the Service and  that the processing is carried out in our legitimate interests (as more  fully described in question 4 below). We may also process Personal  Information upon your consent, asking for it as appropriate.

We may collect standard internet log information about how and when  you use our Service. This information may include but, not be limited  to, your IP address and location data, weblogs, time, date, browser  used, referring web addresses, other communication data, searches  conducted, and/or pages visited.

In addition, to ensure that our Service is optimized for ease of use,  we or our service provider(s) may use cookies to collect standard  information about your use of our Service, including your language  preferences, your browser type and version, and similar information.  These cookies are intended to optimize your experience of our Service.


4. How do we use your Personal Information?

We identify the purposes for which we use your Personal Information  at the time we collect such information from you and (if applicable)  obtain your consent, in any case, prior to such use. We generally use  your Personal Information for the following purposes (the “Purposes”):

  • to provide you with requested Services;
  • to develop and maintain strong business relationships with customers, partners and potential customers and partners;
  • to manage your use of Midnight Noise;
  • to respond to questions, comments or concerns regarding the Company or Midnight Noise;
  • to provide you with information about conferences and events;
  • to use Google Analytics to better understand our web traffic and marketing effectiveness (whose privacy policy can be found at https://policies.google.com/technologies/partner- sites. 
  • to allow for more meaningful and useful sales and marketing  initiatives, for example, your physical location while using our App may  be used to provide you with personalized offers, rewards, and  suggestions about new shops or other information in your area;
  • to collect opinions and comments in regard to the Company and Midnight Noise;
  • to perform demographic analysis for planning purposes (but only on an aggregate and anonymous basis);
  • to recruit for positions at the Company and for other employment-related tasks;
  • to investigate legal claims;
  • such purposes for which the Company may obtain consent from time to time; and
  • such other uses as may be permitted or required by applicable law.


5. To whom do we provide your Personal Information?

We identify to whom, and for what Purposes, we disclose your Personal  Information, at the time we collect such information from you and (if  applicable) obtain your consent to such disclosure.

We may disclose your Personal Information to third party service  providers with whom we have a contractual agreement that includes  appropriate privacy standards, where such third parties are assisting us  with the Purposes – such as service providers that provide telephone  support, data storage or processing, or hosting. When we disclose your  Personal Information to third parties, we take reasonable measures to  ensure that the rules set forth in this Privacy Statement are complied  with and these third parties provide sufficient guarantees to implement  appropriate technical and organisational measures.

Your Personal Information may be stored and processed in any country  where we have facilities or in which we engage third party service  providers. By using the Service, you consent to the transfer of  information to countries outside your country of residence, which may  have different data protection rules than in your country. While such  information is outside of Canada, it is subject to the laws of the  country in which it is held, and may be subject to disclosure to the  governments, courts or law enforcement or regulatory agencies of such  other country, pursuant to the laws of such country. However, our  practices regarding your Personal Information will at all times continue  to be governed by this Privacy Statement and, if applicable, we will  comply with the GDPR requirements providing adequate protection for the  transfer of Personal Information from the EU/EEA to a third country. For  written information about our policies and practices regarding service  providers outside of Canada, contact our Privacy Information Officer  (see question 10 below).


6. When and how do we obtain your consent?

Under Canadian Privacy Laws, we generally obtain your consent prior  to collecting, and in any case, prior to using or disclosing your  Personal Information for any Purpose. You may provide your consent to us  either orally, electronically or in writing. Under Canadian Privacy  Laws, the form of consent that we seek, including whether it is express  or implied, will largely depend on the sensitivity of the Personal  Information and the reasonable expectations you might have in the  circumstances.


7. How long will we utilize, disclose or retain your Personal Information?

We may keep a record of your Personal Information, correspondence or  comments, in a file specific to you. We will utilize, disclose or retain  your Personal Information for as long as necessary to fulfill the  purposes for which that Personal Information was collected and as  permitted or required by law. If you would like further information  regarding the periods for which your Personal Information will be kept,  contact our Privacy Information Officer (see question 10 below). 


8. What are your rights regarding your Personal Information?

On written request and subject to proof of identity, you may access  the Personal Information that we hold, used or communicated and ask that  any necessary corrections be made, where applicable, as authorized or  required by law. However, to make sure that the Personal Information we  maintain about you is accurate and up to date, please inform us  immediately of any change in your Personal Information by mail or e-  mail.

Under the GDPR, you may be entitled to additional rights, including:  (i) the right to withdraw consent to processing where consent is the  basis of processing; (ii) the right to access your Personal Information  and certain other supplementary information, under certain conditions;  (iii) the right to object to unlawful data processing, under certain  conditions; (iv) the right to erasure of Personal Information about you,  under certain conditions; (v) the right to demand that we restrict  processing of your Personal Information, under certain conditions, if  you believe we have exceeded the legitimate basis for processing,  processing is no longer necessary, or believe your Personal Information  is inaccurate; (vi) the right to data portability of your Personal  Information that you provided us in a structured, commonly used, and  machine-readable format, under certain conditions; (vii) the right to  object to decisions being taken by automated means which produce legal  effects concerning you or similarly significantly affect you, under  certain conditions; and (viii) the right to lodge a complaint with data  protection authorities. If you want to learn more about your rights  under the GDPR, you can visit the European Commission’s page on Data  Protection at: < http://ec.europa.eu/justice/data-protection/index_en.htm>.  Please note that the term Personal Information used in this Privacy  Statement is equivalent to the term “personal data” under the GDPR and  other applicable European data protection laws.

The Service is NOT directed to children under the age of 18, and we  do not knowingly collect Personal Information from children under the  age of 18 without obtaining parental consent. If you are under 18 years  of age, then please do not use or access the Service at any time or in  any manner. If we learn that Personal Information has been collected on  the Service from persons under 18 years of age and without verifiable  parental consent, then we will take the appropriate steps to delete this  information. If you are a parent or guardian and discover that your  child under 18 years of age has provided us with Personal Information,  then you may alert us as set forth in question 10 and request that we  delete that child’s Personal Information from our systems.


9. What safeguards have we implemented to protect your Personal Information?

The only employees who are granted access to your Personal  Information are those with a business ‘need- to-know’ or whose duties  reasonably require such information. We have implemented physical,  organizational, contractual and technological security measures to  protect your Personal Information from loss or theft, unauthorized  access, disclosure, copying, use or modification. However, no method of  transmission over the Internet, or method of electronic storage, is 100%  secure. We cannot ensure or warrant the security of any information you  transmit to us or store on the Service, and you do so at your own risk.  We also cannot guarantee that such information may not be accessed,  disclosed, altered, or destroyed by breach of any of our physical,  technical, or administrative safeguards. If you believe your Personal  Information has been compromised, please contact us as set forth in  question 10. If we learn of a security systems breach, we will inform  you and the authorities of the occurrence of the breach in accordance  with applicable law.


10. How is your location shared with others?

You have the option to share your location with other users and to see other user locations only if they are sharing as well. Location sharing can be turned on by accessing your Profile section in the App and turning on the Road Sharing mode toggle. This toggle must be turned on each time you shut down the App. Minimizing the App will hide your location temporarily until you open the App again unless you turn the toggle off first and then minimize. Sharing your location is required in order to use some features. 


11. How do you contact us regarding access to your Personal Information or our privacy practices?

If you have any questions or comments about this Privacy Statement or  your Personal Information, to make an access or correction request, to  exercise any applicable rights, to make a complaint, or to obtain  information about our policies and practices with respect to any service  providers outside Canada, our Privacy Information Officer can be  reached by mail or email using the following contact information:

In writing: Attn: Privacy Information Officer

Address:
Midnight Noise Inc.
333 Bay Street, Suite 2400
Toronto, ON M5H 2T6

By e-mail: info@midnightnoise.com

Copyright © 2020 Midnight Noise Inc. - All Rights Reserved.

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