Last Updated: September, 2022
1. Introduction
E D U Windows Experts (“Company” “we”, “our” or “us” ), a company established in Vancouver, Canada, is the operator of the website www.canada-windows-experts.com (“Website”) Company is committed to protecting your privacy rights and making our practices regarding the processing of Personal Data (as defined below) more transparent and fair. This Privacy Policy ("Policy") was designed to help you understand the information we collect, store, use and share, and it applies whenever you visit or use our Website and Mobile Application or otherwise use or access our Services.You are not legally required to provide us with any Personal Data, but without it we will not be able to provide you with the full range or with the best experience of using our Services.This Policy is integrated into and forms part of our Terms and Conditions, and is incorporated herewith by reference. Any term not defined herein, shall have the meaning ascribed to it under our Terms and Conditions.We strongly urge you to read this Policy and make sure that you fully understand and agree to it. By using the Services, including our Website and Mobile Application, you signify your acceptance of this Policy. If you do not agree to the terms of this Policy, please do not use our Services. Your continued use of the Services following the posting of changes to this Policy will mean that you accept those changes.
2. What Types of Data We Collect?
We collect two types of data from you: Personal Data ("Personal Data") and non-Personal Data. Personal Data means any information which may potentially allow your identification with reasonable means (for example, email address or name). Non-Personal Data, by contrast, can be defined as any information that does not relate to an identified or identifiable natural person. This may include, for example, your aggregated usage information and technical information transmitted by your device (for example, the device you use, the type of browser and operating system your device uses, language preference, access time, etc.). This section sets out how and when we collect those types of data from you.
Contact Information. When you access our Services, we collect your email address which will be used to access our Services. If you choose to log in, access or otherwise connect to the Services through a social networking service (such as Facebook, Twitter, Instagram, etc.), we may collect your user ID or username associated with that social networking service, as well as any information you make public using that social networking service or that the social networking service allows us to access.Transaction Information. Purchases you make using the App will typically be processed by the relevant platform provider (e.g. Apple, Google or Facebook), and we will not collect or store your financial data (e.g. your credit card numbers or bank account details). We may still however receive your non-financial Personal Data related to the purchase, such as your name, billing address, e-mail address and the items purchased, in order to fulfill your purchase and for our accounting purposes.Usage Information. When you use our Services, we collect certain data about your usage interaction with our Services. Such information may include geolocation data, clicks, pages viewed, and other data which relate to your activity in the Services.Technical Information. When you use our Services, we collect technical information about your device. Such information may include geolocation data, IP address, unique identifiers (e.g. MAC address and UUID), operating system, browsing history, language, mobile carrier, device information, etc.Communication Information. When you send us an email or contact us via the support in our Services, we collect the Personal Data you provide us. This may include your name, email address and any other information you choose to provide
3. Partners and Affiliates .
We are working closely with third parties, including, for example, our business partners, sub-contractors, affiliates, web hosting, publishers, web developers, etc. (collectively “Partners” ) and may receive information about you from such Partners and/or provide such Partners information about you, all under the provisions of this Policy and to the extent permitted by applicable laws. For example, we may receive your data from Partners who help us with the provision and maintenance of our Services, such as social networks (for example your name and user name, when you register or log-in to our Services), traffic analytics vendors, fraud prevention agencies and others. We may combine this information with the information we have already collected from you via the Services in order to provide you with, and to and improve, our Services.Partners understand and acknowledge that the Internet and communications over it may not be secure, and that connecting to it provides the opportunity for unauthorized access to computer systems, networks, and all data stored therein. The information and data transmitted through the Internet (including, without limitation, the Data) or stored on any equipment through which Internet information is transmitted may not remain confidential and we make no representation or warranty regarding privacy, security, authenticity, non-corruption or destruction of any such information. Use of any information transmitted or obtained over the Internet is at the Partner's own risk and we shall not be responsible for any adverse consequence or loss whatsoever from the use of the Internet.
3.1. Processing of Personal Data.
We rely on the Partner's consent to process Personal and/or on Partner's representations and statements that such Partner has obtained the required consent from its customers and/or users. On other occasions, we may process Personal Data when it needs to do this to fulfill a contractual obligation with you as a Partner or where it is required to do so by law. We may also process Personal Data when it is in our or our Partners' legitimate interests to do so and when these interests are not overridden by the individual's data protection rights (which may vary based on an individual's jurisdiction).Partner acknowledge and agree that the data which will be provided to us may contain personally identifying information or personal data, as defined by the applicable laws which govern the use of data relating to identified or identifiable natural persons residing in the EU and/or the state of California in the United States, including the laws of the European Union ("EU") Data Protection Act 1998, the EU General Data Protection Regulation ("GDPR"), and the California Consumer Protection Act effective as of January 1, 2020, as each of these laws is amended or replaced from time to time, and any other foreign or domestic laws to the extent that they are applicable to the personally identifiable or personal data upload, transmit, post or process while using our services or as part of the contractual obligation with you as a Partner ("Data Protection Laws and Regulations").Partner hereby grants us a non-exclusive right and license to receive, retrieve, access, use, reproduce, display, copy, transmit, process and store (collectively, “Process”) such data in order to provide our service or fulfill our contractual obligation. Partner retains ownership of its data. We may redact, anonymize, and/or aggregate the Data with content and data from our other Partners and/or any related digital assets (“Data Aggregations”) for purposes including, without limitation, product and service development and commercialization and quality improvement initiatives. We will redact or anonymize data in such a way as to not divulge any personally identifying information. All Data Aggregations will be the sole and exclusive property of us.Partner represent and warrant that: (i) it have lawfully obtained any personally identifying information or Personal Data pursuant to any and all applicable and relevant Data Protection Laws and Regulations; (ii) it have appropriately disclosed to end-users or customers how personally identifiable information or personal data will be used, processed, stored and/or shared pursuant to any and all applicable and relevant Data Protection Laws and Regulations; (iii) it is responsible for honoring any requests from end-users or customers relating to the collection, use and storage of personally identifiable information or personal data as required by any and all relevant Data Protection Laws and Regulations; (iv) it owns or have acquired the right to all of the intellectual property rights subsisting in the data, and have the right to provide us with the license granted herein to the data; and (ii) the data does not infringe or violate any patents, copyrights, trademarks or other intellectual property, proprietary or privacy rights of any third party. Partner shall remain solely responsible and liable for the data, including without limitation for our use of and reliance upon such data, and expressly release us from any and all liability arising from any such activities.
We may process Personal Data both as a Processor and/or as a Controller, as defined in the GDPR and/or the Data Protection Laws and Regulation:- For visitors' and/or users' data, provided by each visitor and/or user using our Website or Services, we will be the Controller in accordance with the GDPR and/or the Data Protection Laws and Regulations.- For Partner's data and/or Partner's customers and/or end-users data, provided by the Partner to us, we will be the Processor in accordance with the GDPR and/or the Data Protection Laws and Regulations. All data collected by us will be stored exclusively in secure hosting facilities. All hosting is performed in accordance with the highest security regulations. We contract with such hosting providers to ensure that all hosting is performed in accordance with the highest security regulations. We have adopted reasonable physical, technical and organizational safeguards against accidental, unauthorized or unlawful destruction, loss, alteration, disclosure, access, use or processing of the Partner's data and/or Partner's customers' data and/or the Personal Data in its possession. we will promptly notify Partner in the event of any known unauthorized access to, or use of, the Partner's data and/or Partner's customers' data and/or Personal Data.
3.3. Third-Party Data Protection.
To the extent that the use of our services (where applicable) requires Partner to process its costumers' and/or end-users' Personal Data, as part of its use of any third-party's platform (e.g., third-party platforms such as Apple, Google, Facebook, Advertising platforms, etc.), for the purposes of the GDPR and/or the Data Protection Laws and Regulations, such platform will be the Controller and Partner will act as a Processor and will:comply with, and only act on, instructions from and on behalf of the platform regarding the processing of that Personal Data;not process that Personal Data for any purposes other than the Services;ensure that appropriate technical and organizational measures are taken to avoid unauthorized or unlawful processing of that Personal Data and against loss or destruction of, or damage to, that Personal Data;ensure the reliability of all of the personnel who have, and will have, access to that Personal Data;not, by any act or omission, place the platform and/or us in breach of the Data Protection Laws;inform the platform and/or us immediately of any suspected or confirmed data protection breaches or unauthorized or unlawful processing, loss, or destruction of, or damage to, that Personal Data;not subcontract to any third party any of Partner's obligations to process the Personal Data on behalf of the platform without the platform's prior written consent;not process, or cause to be processed, that Personal Data outside the European Economic Area unless Partner has: (i) the platform's prior written consent to do so; and (ii) fulfilled all of the platform's requirements to enable the processing to take place outside the European Economic Area; andto the extent that Partner is sending any electronic marketing communications on behalf of the platform, ensure that the recipient has provided its consent to such communications, provide the ability to unsubscribe from such communications with each such communication, and comply with any such unsubscribe requests.
4. Cookies
Please see our Cookie Policy for more information about the type of cookies and tracking technologies that we use on the Website and why, and how to accept or reject them.You can withdraw your consent to a personalized advertising experience on your device at any time by using your device settings as follows:On iOS, depending on the applicable iOS version, you may withdraw consent across all apps by either enabling the “Limit Ad Tracking” setting or disabling the “Allow Apps to Request to Track” permission in your iOS device settings. Depending on the applicable iOS version, instead of withdrawing consent on a device-wide basis, you may also have the option of withdrawing consent on a per-app basis by disabling tracking permissions for specific apps that appear under the “Allow Apps to Request to Track” setting in your iOS device settings (precise directions may differ depending on the applicable iOS version.)On Android devices, you may withdraw your consent in the Google Ads settings within your Android settings by enabling the “Opt out of Ads Personalization” setting (precise directions and the name of the setting may differ depending on the applicable Android versions and device manufacturer).
5. Why We Process Your Personal Data?
We shall not process Personal Data unless there is a legal basis for such processing. The legal bases according to which we may process Personal Data are as follows: (1) Your consent that we will process Personal Data about you for one or more specific purposes; (2) Processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract; (3) Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party (by way of example, for the purpose of improving our Website and/or Services, or for the exercise or defense of legal claims); (4) Processing is necessary for the performance to fulfill a contractual obligation with our Partners and/or third parties (e.g., platforms and service providers).
This following table explains for what purposes we may use your Personal Data and outlines the legal bases that underlie our usage.Purpose
Legal Basis
Provision of our Services; support. We use your Personal Data, such as your contact information, for consumer services purposes. This includes, for example, responding to your inquiries.
The legal basis for processing this data are the performance of our contractual towards you; your consent (for example, when you input Personal Data into the Website); the compliance with our legal obligations; and the protection of our legitimate interests. Our legitimate interests in this case are improving our Services.
Improvement of our Services. We collect and analyze information about you and your usage of our Services to improve the usability and effectiveness of our Services.
The legal basis for processing this data are the performance of our contractual towards you and the protection of our legitimate interests. Our legitimate interests in this case are improving our Services.
Transaction information. We collect from our third-party payment processors certain non-financial Personal Data related to the purchase, such as your name, billing address, e-mail address and the items purchased, in order to fulfill your purchase and for our accounting purposes.
The legal bases for processing this data are the performance of our contractual obligations; the protection of our legitimate interests, in this case provision of our Services; and compliance with legal obligations to which we are subject.
Compliance with the applicable laws. We may be required to collect, retain, or share your Personal Data under applicable laws.
The legal basis for processing this data is compliance with our legal obligation.
6. With Whom We Share Your Data?
We share your Personal Data as described below:Partners and Affiliated companies: we may share Personal Data internally with our Partners and affiliated companies, for the purposes described in this Policy (as per Section 3 above).Service providers: we share your information with service providers, such as storage providers, who help us provide you with our Services. These third parties may have access to your Personal Data so that they may perform these tasks on our behalf, but they are obligated to comply with this Policy and may not use your Personal Data for any other purpose.Advertising and marketing: we may share your information with our trusted partners to either provide you with tailored ads on our Services or on other third party websites or apps; or for the purpose of providing you with promotional materials we, or our trusted partners, believe may be of interest to you.Compliance with laws and law enforcement entities: we may disclose any data about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal processes (including but not limited to subpoenas), to protect our or a third party's property and rights, to protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable. We also may be required to disclose an individual's Personal Data in response to a lawful request by public authorities, including meeting national security or law enforcement requirements.Auditors and advisers: we may share your data with our external auditors, advisors and professional service providers (e.g. lawyers, accountants, insurers, etc.) for ensuring our compliance with regulatory requirements and industry standards.Merger and acquisitions: we may share your data if we enter into a business transaction such as a merger, acquisition, reorganization, bankruptcy, or sale of some or all of our assets. Any party that acquires our assets as part of such a transaction may continue to use your data in accordance with the terms of this Policy.
For visitors and/or users with accounts located in the European Data Region, all processing of Personal Data is performed in accordance with privacy rights and regulations following the GDPR (as defined above) and/or the applicable Data Protection Laws and Regulations (as defined above).Personal Data about you may be transferred to a third country (i.e., jurisdictions outside the EEA) or to international organizations. In such circumstances, we shall take appropriate any reasonable efforts to safeguards aimed to ensure the protection of Personal Data about you and provide that enforceable data subject rights and effective legal remedies for data subjects are available.These safeguards and protection will be available if any of the following are met:The transfer is to a third country or an international organization which the EU Commission decided that they provide an adequate level of protection to the Personal Data that is transferred to them pursuant to Article 45(3) of the GDPR (as defined above);The transfer is according to a legally binding and enforceable instrument between public authorities or bodies pursuant to Article 46(2)(a) of the GDPR (as defined above); orThe transfer is in accordance with standard data protection clauses adopted by the EU Commission pursuant to Article 46(2)(c) of the GDPR (as defined bel above ow).
You may request us to be provided with details concerning the safeguards employed by us to protect the Personal Data about you which is transferred to a third country or an international organization, by sending an email to the email address below.
7. Marketing
We may use your Personal Data ourselves or by using our third party subcontractors for the purpose of providing you with promotional materials, concerning the Services as well as products, services, websites and applications which relate to affiliated companies or Company's business partners and other affiliates (collectively: “Marketing Affiliates”), which we believe may interest you.We may also share and disclose Personal Data with our Marketing Affiliates for the purpose of providing you with different marketing offers, that we, or our Marketing Affiliates, believe are relevant for you. Our Marketing Affiliates may use this Personal Data for different marketing techniques, such as, but not limited to, direct email, post, in-app message and SMS.You may at any time decline receiving further marketing offers from us or from our business partners and marketing affiliates by contacting us at contact@canada-windows-experts.com.Please note that even if you unsubscribe from our marketing mailing list, we may continue to send you Services-related updates and notifications.
8. Data Protection Rights.
Certain jurisdictions provide users with certain statutory rights with respect to their Personal Data. Subject to exemptions provided by law, and with proper identification, you may have some/all of the following rights available to you:Receive confirmation as to whether or not Personal Data concerning you is being processed, and access your stored Personal Data, together with supplementary information.Receive a copy of Personal Data you directly volunteer to us in a structured, commonly used and machine-readable format.Request rectification of your Personal Data that is in our control.Request erasure of your Personal DataObject to the processing of Personal Data by us.Request to restrict processing of your Personal Data by us.Lodge a complaint with a supervisory authority.
Please note that these rights are not absolute and may be subject to our own legitimate interests and regulatory requirements.If you wish to exercise any of these rights, please contact us at: contact@canada-windows-experts.com. When handling your request, we may ask for additional information to confirm your identity (which may include Personal Data).We will make an effort to reply within a reasonable time frame. Please feel free to reach out to us at any time. If you are unsatisfied with our response, you can lodge a complaint with the applicable data protection supervisory authority
9. International Transfers of Personal Data.
We may transfer your Personal Data to third parties, as set out in this Policy. Such third parties may reside in various jurisdictions around the world. In such circumstances and where required by law, we have put in place contractual measures to ensure that the recipients of your Personal Data provide appropriate safeguards for your data (for example, by implementing effective technological and organizational security measures) and are only using it for the purposes of performing their services, or otherwise for those purposes for which we have disclosed your information to them.
10. How We Protect Your Data?
We have implemented administrative, technical, and physical safeguards to help prevent unauthorized access, use, or disclosure of your Personal Data. While we seek to protect your information to ensure that it is kept confidential, we cannot guarantee the security of any information. You should be aware that there is always some risk involved in transmitting information over the internet and that there is also some risk that others could find a way to thwart our security systems. Therefore, we encourage you to exercise discretion regarding the Personal Data you choose to disclose.
11. Retention and Deletion
We will retain your Personal Data for as long as necessary to operate our Website, Mobile Application or provide Services. We will retain and use your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods shall be determined by taking into account the type of information that is collected and the purpose for which it is collected for, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time. We may keep records containing user Personal Data, account opening documents, communications and anything else, if and as, required by applicable laws.We will not retain data longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations. When a user's account is terminated or expired or when our contractual relationship with a Partner is terminated, all related Personal Data collected through the platform will be deleted, as required by applicable law.Where the legal basis for the processing of the Personal Data about you is consent, you may at any time withdraw your consent for the purposes for which you provided your consent by sending a notice to the email address below. Where you withdraw your consent for the processing of Personal Data about you, we might not be able to provide you with some or all of the Services you requested or in the form intended to be provided to you, and you will have no claim in respect of that.Whenever the processing of Personal Data about you is necessary for the purpose of the legitimate interests pursued by us or by a third party (including our Partners), the processing is conditional upon such interests not overridden by your interests or fundamental rights and freedoms which require protection of Personal Data about you. At any time, you may approach us by sending a notice to the email address below, in order to receive information concerning the review performed by us in order to reach the conclusion that we may process the Personal Data about you on account of such processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.
12. Third Party Collection of Data.
To the extent you disclose your data to other parties or sites or applications throughout the internet (including through our Services) or on other websites, networks or platforms, different rules may apply to their use of the information you disclose to them, as determined by such third parties and applicable laws governing their processing. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party that you choose to disclose information to.This Policy does not apply to the practices of companies that we do not own or control, or to individuals whom we do not employ or manage, including any of the third parties to which we may disclose data as set forth in this Policy.
13. Our Legal Obligation to Disclose Personal Data
We will reveal a visitor's and/or user's and/or Partner's Personal Data without prior permission only when we have reason to believe that the disclosure of this information is required to establish the identity of, to contact, or to initiate legal proceedings against a person or persons who are suspected of infringing rights or property of us or of others who could be harmed by the visitor's and/or user's and/or Partner's activities or of persons who could (deliberately or otherwise) transgress upon these rights and property. We are permitted to disclose Personal Data when we have good reason to believe that this is legally required.
14. Minors
We do not knowingly collect or solicit Personal Data from anyone under the age of consent (as determined under the applicable laws where the individual resides; “Age of Consent”). By accessing, using or interacting with our Services, you certify to us that you are not under the age of eighteen (18) and not under the Age of Consent at applicable jurisdiction, including the jurisdiction of your residency and the jurisdictions of your citizenship.In the event that we learn that we have collected Personal Data from an individual under the Age of Consent without verification of parental consent, we will delete that information upon discovery. If you believe that we might have any information from or about an individual under the Age of Consent, then please contact us at: contact@canada-windows-experts.com.
15. Updates to this Policy.
We assume that all visitors and/or users and/or Partners have carefully read this Privacy Policy and agree to its content. If someone does not agree with this Privacy Policy, it should refrain from using the Website and/or the Services. We reserve the right to change this Policy at any time. The most current version will always be posted on our Website (as reflected in the “Last Updated” heading). You are advised to check for updates regularly. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the updated Policy.
16. How to Contact Us?
If you have any further questions about this Cookie Policy or the information, we the data collect or how we use it, please contact us via contact@canada-windows-experts.com