Privacy Policy

Digital Ink Technologies Inc. (“Digital Ink Technologies”, “we”, “us”, or “our”) recognizes the importance of privacy and the sensitivity of Personal Information. We are committed to the proper management of the Personal Information of clients that we collect, use, disclose, transfer, share or store (including storage of Personal Information relating to third parties collected by you and provided to us by you) (all activities collectively referred to as “Use”) in the course of business.

This privacy policy (this “Privacy Policy”) applies to and governs Digital Ink Technologies. The practices set out in this Privacy Policy seek to balance the individual’s right to privacy of his or her Personal Information and our need to Use Personal Information for legitimate business purposes.

We have certain statutory obligations concerning the Personal Information in our care or control. Personal Information as used in this policy means any information defined as personal information in the Personal Information Protection and Electronic Documents Act (“PIPEDA”).

In PIPEDA and in this Privacy Policy, Personal Information means information about an identifiable individual, but does NOT include the name, title or business address or telephone number of an employee of an organization. If you are a business owner or employee of a business, we do not require your consent to Use this information. Personal Information does include your business email address, and your answers to survey questions that include identifiable information about you.

Our standard business practice does not include a request for written consent to Use your Personal Information. In most cases, by simply providing your Personal Information to us, you have consented to the contents of this Privacy Policy. If you do not consent, please do not provide your Personal Information or, where applicable, exercise the opt-in or opt-out options offered.

At any time, you may choose to opt out of the continued Use of your Personal Information by making a request in writing to the Privacy Officer, whose contact information is outlined below.

We will also Use your Personal Information to contact you when we are offering future programs, products or services that may be of interest to you.

In any instance where we intend to Use any Personal Information in a way that would require consent under PIPEDA, or any equivalent laws effective in the jurisdiction which we intend to Use the Personal Information (all effective laws in a jurisdiction collectively referred to as “Governing Laws”), notice of this Use will be provided and we will seek consent from you prior to any such Use. The form of the consent that we will seek before the Use of your Personal Information may vary depending upon the circumstances and the nature of information and Use in question. We will consider the sensitivity of the Personal Information and your reasonable expectations in determining what form of consent must be given. To the extent any Governing Laws require a particular form of consent be obtained from you prior to our Use of Your Personal Information, we will make all commercially reasonable efforts to obtain that consent.

By ordering any particular product or service from us, you consent to our Use of your Personal Information as required in order to provide the products or services requested, and to otherwise manage our services to you as outlined below. Our provision of any product or service is NOT conditional on your provision of consent to Use your Personal Information for any other purpose.

Notwithstanding any other section in this Privacy Policy, we may Use your Personal Information without your consent to collect a debt you owe to us, to comply with a subpoena, warrant or court order, to investigate a breach of any agreement or a contravention of a law, or where Use is clearly in your interests and consent cannot be obtained in a timely way, or as otherwise required or permitted by law.

You may refuse to provide us with your Personal Information and may, subject to legal or contractual restrictions and reasonable notice, withdraw your consent at any time to the continued Use of your Personal Information. The period of reasonable notice will vary depending on the nature of the information and its purpose to us. We will inform you of the implications of refusing or withdrawing consent, which may impact on our ability to serve you and to maintain our relationship, or preclude us from providing certain of our products or services.

By providing Personal Information to us about another legal person, including an individual, you represent to us that you are authorized by that person to provide consent to the Use of the Personal Information, and do consent as described in the Privacy Policy. In the event you are not authorized to consent to our Use of the Personal Information of a third party, you indemnify us for any and all losses or costs borne by us as a result of your failure to obtain appropriate authorization from a third party.

We generally Use your Personal Information to provide the contracted services and to collect fees owed.

Your Personal Information may be accessed or stored in Canada or another jurisdiction, and the storage and access of Personal Information will at all times comply with the Governing Laws of that jurisdiction.

We may store any or all Personal Information (particularly your credit card information and credit card information of third parties provided by you) on a server owned by a third party. We bear full responsibility for ensuring that this third party is PCI-compliant, and otherwise complies with the terms of this Privacy Policy.

We may store your Personal Information on servers located in Canada or the US, and by providing us with Personal Information, you consent to the storage of this Personal Information in either of these jurisdictions. With respect to customers not located in the US, in the event your Personal Information is stored in the US, your Personal Information may be subject to disclosure to US authorities under the Patriot Act or similar legislation. If you are a non-US resident, and wish to not have your information stored on a server located in the US, it is your obligation to inform us of the same, and we will make commercially reasonable efforts to comply with any such request.

Every computer connected to the Internet is given a domain name and a set of numbers that serve as that computer’s “Internet Protocol”, or IP address. When a user requests a web page from this site (“Our Site”), our web servers automatically recognize that user’s domain name and IP address. The domain name and IP address reveal nothing personal about the user other than the IP address from which the user has accessed the Site. We may use this information to examine our traffic in the aggregate, but do not collect and evaluate this information on an individual basis.

Like many other Web sites, Our Site makes use of a browser feature called “session cookie” to collect information such as the type of Internet browser and operating system the visitor uses, the domain name of the Web site from which the visitor came, date and duration of the visit, number of visits, average time spent on Our Site, Web pages viewed, number of cookies accumulated and unique identifiers should the user request to be remembered by that website. Session cookies are small text files that contain a unique identification number that is automatically deposited on a visitor’s computer. These cookies track information during an open session and are stored in your computer’s memory. In addition to the identified purposes described in this Privacy Policy, we may Use this information and share it with other organizations with whom we have a commercial relationship to measure the use of Our Site, to improve the functionality and content of Our Site and to facilitate usage by a visitor. We may also monitor usage patterns for the purposes of obtaining anonymous market research data. At no time will we store any Personal Information that will identify the individual in question, but we may Use this information for market research and other purposes provided this Personal Information is anonymous in nature. Visitors can reset their browsers either to notify them when they have received a cookie or to refuse to accept cookies automatically. To readjust your Internet browser’s cookie options, please refer to the instruction documentation of your particular browser or seek online assistance. We may refuse access to portions or functionality of our Site if you do not agree to receive a cookie on Our Site. If you set up your browser to retain active logins or active passwords, this information will be stored on your computer until deleted by you.

Our Site may contain advertisements for, information about, or links or references to, other businesses, resources or Web sites operated by other persons (collectively “Other Sites”), which are provided solely for the convenience visitors to Our Site. Other Sites may be subject to less stringent privacy standards. Other Sites are independent from us, and we are not responsible for the privacy practices, policies or actions of the third parties that operate Other Sites. We strongly encourage all Site visitors to review the privacy statements and policies of all Other Sites before providing them with Personal Information.

We will retain information, including Personal Information, for as long as it is needed for the purposes for which it was collected. We will not store Personal Information for a period longer than that permitted under PIPEDA or similar governing law, in light of the nature of the Personal Information, the details and context of your consent to our Use, and the nature of our Use thereof. Any Use or disclosure by us of your Personal Information after five (5) years from the date you last provided that Personal Information to us requires your further consent. Your further consent is not required for us to disclose or Use your Personal Information to provide the contracted services or collect fees owed. In the event that you require a different retention policy relating to our storage of third party Personal Information gathered by you, it is your obligation to advise us of this requirement. Once advised, we will make commercially reasonable efforts to comply with your request. If the unique changes to the retention policy result in material costs to Us, we will advise you in advance of any corresponding increase in cost to our service. It is your responsibility to ensure that our retention and use policies relating to third party Personal Information align with the terms under which you gather any Personal Information from third parties.

To secure the Personal Information under our custody or control from loss or theft, as well as unauthorized access, disclosure, copying, use, disposal or destruction, we employ physical, organizational and technological measures appropriate to the sensitivity of such Personal Information. If you have submitted your Personal Information to us, you may contact our privacy compliance officer (“Privacy Officer”) for an explanation of these measures. You may also inquire about these measures prior to submitting your Personal Information.

Nevertheless, there is an inherent risk involved in the exchange of information using any form of communication, such as email, telephone, fax transmission and courier service. We do not represent, warrant or guarantee that Personal Information will be protected against loss, misuse, interception or alteration, and assume no liability for any damages you may suffer as a result of loss, misuse, interception or alteration of information during any of such transfers.

We will not share your Personal Information with any third party or employee or other person unless said use or disclosure is permitted under PIPEDA without consent, or is otherwise consented to by you in advance of our sharing of your Personal Information. Further, we require that any person to whom we provide your Personal Information agrees to be bound by and comply with this Privacy Policy, or is otherwise PCI compliant in its handling of Personal Information.

Individuals may write to our Privacy Officer to request access to Personal Information held about them in any of the manners provided below. However, an individual’s right to access his or her Personal Information under our care or control is not absolute, for example, where the disclosure of Personal Information would cause security, legal or confidentiality concerns. We will deny access when
the disclosure could reasonably be expected to threaten the safety or physical or mental health of an individual other than the individual who made the request;
the disclosure can reasonably be expected to cause immediate or grave harm to the safety or to the physical or mental health of the individual who made the request;
the disclosure would have an unreasonable impact on other individual’s privacy; or
the disclosure would reveal the identity of an individual who has provided Personal Information about another individual and the individual providing the Personal Information does not consent to disclosure of his or her identity.
In addition, we may deny access when
the disclosure would reveal confidential commercial information that, if disclosed, could, in the opinion of a reasonable person, harm our competitive position; or
the Personal Information was collected or created by a mediator or arbitrator in the conduct of a mediation or arbitration for which he or she was appointed to act under a collective agreement, under an enactment or by a court.

Access to your Personal Information is free of charge. However, a reasonable charge may be required when you request the transcription, reproduction or transmission of such information. We will notify you, following your request for transcription, reproduction or transmission, of the appropriate amount that will be charged. You will then have the opportunity to withdraw your request. We may also request that you provide sufficient identification to permit access to your Personal Information. Any such information shall be used only for this purpose.

It is important that the Personal Information we hold about you is accurate, complete and current. We invite and rely on you to advise us, without delay, of any changes to your Personal Information which may be relevant to the products and services we or any relevant third party provide or may provide. We will amend the Personal Information forthwith provided that you demonstrate the inaccuracy or incompleteness of such information to our satisfaction.

This Privacy Policy is governed by and subject to the provisions of Canada’s federal and Ontario’s provincial privacy legislation, including PIPEDA. In the event of conflict between the terms of this Privacy Policy and the governing law of any other jurisdiction, the more stringent requirements relating to the jurisdiction in which we will Use the Personal Information apply.

If any Personal Information relating to third parties provided by you is Used outside of Canada, it is your responsibility to ensure that any requested Use of this information complies with the governing law of the other jurisdiction.

We will investigate and respond, in a timely manner, to enquiries or complaints from individuals concerning our compliance with this Privacy Policy and with Governing Laws.

All third parties with which we have shared Personal Information are required to advise us of any complaint relating to our or their compliance with this Privacy Policy or Governing Laws within two (2) business days of receiving any complaint relating to the same in any form. Further, they are required to provide the party that has submitted the complaint with the contact information for our Privacy Officer outlined below.

If you wish to obtain a copy of the most recent version of our Privacy Policy, or if you have any questions or concerns about our personal information management practices, or if you wish to request access to, or correction of, your Personal Information under our care or control, we invite you to contact our privacy compliance officer in writing at:

Privacy Officer
Digital Ink Technologies Inc.
101 Brock Street South 2nd Floor
Whitby, Ontario
Canada, L1N 4J9

Wherever it is legal and practical, we may consider offering the opportunity to deal with general inquiries without an individual disclosing their name or other Personal Information.

If you are not satisfied with or have any further concerns about our handling of your Personal Information, you are encouraged to contact our privacy compliance officer in writing again, setting out the reasons for your concerns.

If, after our privacy compliance officer has reviewed and responded to your concerns, you remain dissatisfied, you may wish to contact any applicable governing bodies, including the privacy commissioner of Canada in writing at:

The Privacy Commissioner of Canada
3rd Floor, Place de Ville
112 Kent Street
Ottawa ON K1A 1H3

All policies and procedures of Digital Ink Technologies are reviewed periodically and, as such, we reserve the right to and may amend this Privacy Policy at any time without any notice or liability to you or any other person. Amendments will occur only in such instances where required in accordance with Governing Law. We may draft different versions of our Privacy Policy that relate to our Use of Personal Information in different jurisdictions, as may be required in accordance with Governing Laws. If we post multiple versions of our Privacy Policy, the Privacy Policy that relates to the jurisdiction in which we or any third party with which we have shared Personal Information Uses that Personal Information will apply to that Use. We will post any revised version of this Privacy Policy on Our Site, and will send a copy to any non-PCI compliant third party to which we have shared your Personal Information, along with details of any amendments required in their Use thereof. Any changes to this Privacy Policy will be effective from the time they are posted.

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