LIMITATION OF LIABILITY

IN NO EVENT SHALL PROMO MARKETING OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT PROMO MARKETING HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR PRODUCTS OR SERVICES SOLD THEREON, OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDERED FROM PROMO MARKETING, OR ANY PRODUCTS OR SERVICES YOU ORDERED THROUGH PROMO MARKETING SITE DIRECTLY FROM ITS AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL PROMO MARKETING BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT, OUR SUPPLIED PRODUCTS OR SERVICES, INCLUDING ANY THIRD-PARTY PRODUCTS OR SERVICES. IF YOU LIVE IN A COUNTRY OR STATE THAT DOES NOT ALLOW ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY OR ANY OF THE DISCLAIMERS OF WARRANTIES IN THE ABOVE SECTION, SUCH EXCLUSIONS OR LIMITATIONS WILL NOT APPLY TO YOU BUT ONLY TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT ALLOWED. IN SUCH CASE, SUCH EXCLUSIONS OR LIMITATIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

What Personal Information do we collect and how do we collect it?

Promo Marketing offers you a wide range of services to bring together your print, digital and design needs. Depending on which services you use, we collect various types of Personal Information from different sources. As described below, some information is collected automatically when you visit our Sites and Apps or purchase something, and some you provide to us when registering or filling out a form, uploading content, buying a product or service or communicating with us. We may also acquire information indirectly from third parties and other sources, including social media websites. If you choose not to share certain Personal Information, we might not be able to provide some of our Services. Similarly, if you decline to let us place certain cookies on your device, our Sites and Apps will only have limited functionality (see more information about cookies below).

Personal Information we collect automatically.

Device and location data. Whenever you visit or navigate our Sites and Apps, we automatically collect certain information through your device or browser. This information includes your IP address and information about your computer’s hardware and software (for example, the type of operating system, the browser you use, the versions of the application or software and language settings). We may also collect location information from your IP address or if you have instructed your device to send such information via the privacy settings on that device. We collect some of this information by using cookies or other similar technologies directly from your device. For more information about how we use these technologies, see our Cookies section below.

Site navigation and usage data. We also automatically collect and store certain information about your activities on our Sites and Apps such as the date, time and pages you visit, and how you use our Services and access its contents (such as search history, clickstream data, access logs and other usage data regarding your interactions with our Sites and Apps and our marketing emails and online ads).

Session replay recordings. We also collect session replay recordings (such as mouse movements, clicks, typing, and scrolling).

Purchase and transaction history. If you place an order or request a service, we will collect your purchase and transaction history.

Bot usage data. If you contact us via chatbot, in addition to processing your contact information, we will be able to collect your device information and IP address.

If you are a registered user, we link this automatically-collected data to the other Personal Information we collect about you as described below. We use this data for various purposes as further detailed below.

Personal Information you give us.

Contact details and log-in credentials. When you register for an account on our Sites and Apps, we collect your first and last name, e-mail address and password.

Payment information. If you place an order or request a service, we collect information that you provide to us such as your shipping, billing, and payment information (such as credit card or bank account details) as well as tax information and information to verify your identity (i.e., passport, ID card or driver’s license information). You may also have the option to store credit card or other payment information to make it easier to purchase products or services from our Sites and Apps in the future.

Content data. Some of our Services allow you to upload and share images, photos, logos, videos, music tracks or other content (“Content”) with us or other users, in order to communicate with us or other users or to personalise products and services. The Content you choose to upload to our Sites and Apps may include Personal Information about you. For example, if you design and personalize a product, such as a business card, we collect the Personal Information you use to customize the product, such as the name of your business, your professional title, your photo or other Content you upload. If you choose to enter into a design contest, we collect the Personal Information you choose to provide to us in the logo and brand guide brief, such as the name of your business, your slogan or other Content you upload. When you upload your Content to our Sites and Apps or give us permission to access the Content stored on your device, your Content may also include related image information such as the time and the place your photo was taken, tags and similar information stored by your image capture device.

Profile information. We may collect demographic information about you such as your gender, country, and preferred language, as well as other information about your interests and preferences, including favorite templates and work on designs or products. For example, if you are a designer using our Services, we will store the information on the profile you create and the content you choose to make available to other users, such as your professional background, time zone, location, avatar, design concepts and templates, service offerings, and messages and testimonials. Some of this information is part of your public profile and will be publicly visible.

Communications and marketing. If you contact our customer service teams or communicate with us by other means (for example, social networks), we will also collect information from you from these communications, either in relation to feedback you give us or help you ask for in relation to the use of our products and services. We will also collect your preferences in receiving direct marketing from us and our third parties and your communication preferences.

Forms. From time-to-time, we may give you the opportunity to participate in sweepstakes, contests or surveys. If you participate, we will collect certain Personal Information from you and we may publicly disclose that information.

Reviews. We may also ask you to write a review to share your experiences with others. When you write a review on our Sites and Apps, we collect the information you include, along with the name you display. Please note that reviews posted on our Sites and Apps are public, so only include information you are comfortable with sharing publicly.

Personal Information you give us about others.
The Content you choose to upload to our Sites and Apps may include Personal Information of others. If you choose to share your Content or other information with someone else through a feature we offer or participate in our referral program, we will use the Personal Information you provide (for example, the e-mail address of the recipient) to fulfill your request and for other purposes described in this Privacy Policy. Before you upload and/or share Personal Information of others through our Sites and Apps, please ensure that you have the consent of such persons to do so and that the persons about whom you have provided Personal Information have understood and accepted how Promo Marketing uses their Personal Information (as explained in this Privacy Policy).

Personal Information we receive from other sources.
Promo Marketing may also obtain information about you that is publicly available or from other sources, such as independent third parties, business partners. Any information we get from these sources is combined with Personal Information you provide to us for the purposes described in this Privacy Policy.

For example, we may receive Personal Information about you from third-party sources, such as i) postal service providers to validate postal address information; ii) security providers, fraud detection and prevention providers to help us screen out users associated with fraud, ii) social media platforms, when you log-in or sign-up using your social media account (e.g., your username, basic profile account information, profile photo), (iii) in some cases, we may collect Personal Information from lead enhancement companies which help us to improve our service offering; and vi) advertising and marketing partners in order to monitor, manage and measure our ad campaigns and serve you more relevant advertising.

End Users Information
We may also collect Personal Information pertaining to visitors and users of our User’s websites or services (“End Users Information”), solely for and on your behalf. For example, you are able to add a Contact Form on your website. Information submitted by visitors of your website are then stored with Promo Marketing, on your behalf. For such purposes, Promo Marketing serves and shall be considered as a “Processor” and not as the “Controller” (as both such capitalized terms are defined in the European Union General Data Protection Regulation (“GDPR”)) of such End Users Information. You are responsible for complying with all laws and regulations that may apply to the collection and control of such End Users Information, including all privacy and data protection laws of all relevant jurisdictions. The processing and transfer of the End Users Information shall be in accordance to the Data Processing Agreement (“DPA”).

How do we use your Personal Information?

We use the information we collect about you for the following purposes:

1. Create, manage and maintain your account:to maintain your account and facilitate integrated services, such as single-sign on; to allow you to log in, navigate the Sites and Apps and make purchases; to verify the identity of our users; to provide you with technical support including for example resetting your password.
2. Provide you with our Services:to provide you with the experiences, products, and services you request, view, engage with, or purchase; to fulfill, manage and deliver your order; to enable you to access and use our Services, including uploading, downloading, collaborating on and sharing Content; to maintain and administer our Services.
3. Customer support:to provide global customer service and quality assurance, including sending you service messages by text, chat, email or phone; sharing your relevant data (such as order ID or account information) with our Customer Care team allows us to address your questions and needs. Calls with our Customer Care team will be monitored in real time or recorded for quality control and training purposes. Recordings are saved for a limited time and automatically deleted afterwards, unless it is necessary to retain the recording for legal or fraud investigation purposes.
4. Customer analytics:to better understand how you access and use our Services; to determine how effective our promotional campaigns and advertisements are; for research and analytical purposes, such as to assess and improve our Services, user experience, and business operations and to develop new features, products, or services.
5. Supporting collaboration, networking, and projects:to enable you to communicate, collaborate and share Content with users you designate; and enable users to connect with designers, submit projects and receive bids for design services and to otherwise connect users and designers or other providers.
6. Communicating with you through various channels:to communicate with you about your account or order, including to provide customer service related thereto; to send communications in connection with your use of our Services, such as reminders concerning your designs in progress; to notify you when you receive new messages from another user; to respond to your requests and inquiries; to send you important updates and announcements related to our Sites and Apps or our products and services (for example product recalls or safety issues); and to invite you to provide us with your feedback about our Services and Customer Care team.
7. Marketing our products and services to you (including providing co-branded offers with our partners or affiliated companies):to support our marketing and advertising activities, including to send you offers and promotions for our products and services or products and services offered by our partners or affiliated companies; to send you news about products, services and designs in progress; to contact you about information we feel may be of interest to you; to better reach you with more relevant ads (both on our Sites and on third-party websites); to measure, personalize and improve our advertising and marketing campaigns; and to manage promotional activities (such as sweepstakes, referral programs, or contests) in which you participate. If you have signed up to receive marketing updates, we use profiling to ensure that marketing materials are tailored to your preferences and to what we think you will be interested in. This does not have any significant effect or a legal effect on you.
8. Personalization:to provide integrated and personalized services, products and offers, including conducting marketing and/or market research; to personalize our communications with you; to tailor the content you see in order to provide features and information that match your interests and preferences; and to group users of our Services based on, for example, usage and demographics.
9. Security:To prevent and detect fraud, unauthorized activities, access, and other misconduct; to improve the security of our network and information systems; and to enhance our data security and fraud prevention capabilities. For security purposes, we may conduct profiling based on your interactions with our Services, your profile information and other Content you submit to us, and information obtained from third parties (for example to lock stolen accounts or accounts that are used for spamming/fraud).
10. Complying with legal obligations:we may need to disclose your Personal Information in response to subpoenas, court orders, and other lawful requests by regulators and law enforcement, to manage, defend and resolve legal claims and disputes, for investigations and regulatory compliance, to enforce the terms and conditions applicable to our Services, to comply with the legal requirements of government authorities, or to protect the rights, property, safety and security of, Promo Marketing our employees, customers, and others.

On what legal bases do we collect your Personal Information?

Certain laws require that we inform you of the legal bases for our processing of your Personal Information. Pursuant to this, we may process Personal Information for the following legal bases:

• Performance of contract: where the collection and processing of your Personal Information is necessary to perform a contract or to take steps to enter into a contract with you (for example, to fulfill your order or to provide you with our customer service and technical support).
• Compliance with legal obligation: where it is necessary to comply with a relevant legal or regulatory obligation that we have (for example, to respond to law enforcement requests).
• Our legitimate business interests: in furtherance of our legitimate business interests including: ◦ to maintain, enhance and improve our Services, user experience, and business operations and to develop new features, products, or services;
  ◦ to facilitate your participation in interactive features you may choose to use on our Sites and Services and to personalize our Services (for example by presenting content tailored to you);
  ◦ to correspond with you, notify you of events or changes to our Services, or otherwise respond to your queries and requests for information;
  ◦ except where consent is required under applicable laws, to undertake marketing activities to offer you products or services that may be of interest to you via email, such as promotions for our products and services;
  ◦ for data analysis and reporting (for example to determine the effectiveness of our marketing campaigns or understand how our Services are being used);
  ◦ for audits, fraud monitoring and prevention;
  ◦ to protect and defend our legal rights and interests and those of third parties.
  ◦ When using Personal Information for the legitimate interests of Promo Marketing, it is conducted in a way that is proportionate and that respects your privacy rights.
• With your consent: When necessary as provided by applicable law,  Promo Marketing will obtain your consent before processing your Personal Information (for example for the purposes of direct marketing communications). You can withdraw consent at any time as provided under the Contact Us section below.

Children.

Our Services are not targeted to or meant for use by children under the age of sixteen (16) years old, and children under that age are prohibited from creating an account or otherwise providing their Personal Information. If we become aware that a child under the age of sixteen (16) has provided Personal Information through our Sites and/or Apps, we will remove their personally identifiable information from our files. If a parent or guardian becomes aware that their child has provided such information through our Sites and/or Apps, the parent or guardian should contact us at support@promomarketing.ca so that we may respond appropriately.

Who do we disclose and share your Personal Information with?

We may share your Personal Information in the following situations:

Service Providers
We provide your Personal Information to third-party service providers to assist us with:

• Fulfilling or delivering your order;
• Storing and securing data;
• Processing payments;
• Website and platform operations;
• Cloud storage;
• Marketing, analytics and fraud detection activities; and
• Customer service.
  These service providers are only allowed to use your information in connection with the specific service they provide on our behalf.

What rights do you have to access and control the use of your information?

Subject to the applicable law and dependent on certain conditions, you may have the following rights:

• Access: Access your Personal Information and obtain copy of the Personal Information we hold about you;
• Rectify: Correct or update inaccurate or incomplete Personal Information;
• Delete: Request that we delete your Personal Information (or alter it so that you are not identifiable);
• Object: Object to the processing of your Personal Information;
• Portability: Request data portability for Personal Information provided by you;
• Restrict: restrict the processing of your Personal Information (when there is a legal basis for that);
• Withdraw consent: withdraw your consent where processing is based on a consent you have previously provided (such as for direct marketing purposes);
• Lodge complaint: exercise your rights by contacting us directly or by lodging a complaint with a local supervisory authority.

We may ask you to verify your identity before taking further action on your request.

How can you exercise these rights?

Access, Rectify, Copy, Delete, Portability
You may exercise some of the rights listed above by going to your Account settings page and updating your Personal Information and preferences.

You can also contact our Customer Care team to exercise any of the rights listed above by using any of the methods listed in the Contact Us section below.

How long do we keep your Personal Information and how do we protect it?

We only retain your Personal Information for the length of time needed to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law (for example, records of transactions or shipments).

Promo Marketing has implemented technical, physical, and administrative safeguards and security measures that are designed to protect against unauthorized access, disclosure, use and modification of Personal Information. These measures include but are not limited to encryption methods, access controls, controlled administration of user rights and by limiting the access to the Personal Information to those who have a business need for such access in connection with Promo Marketing as described herein. We regularly review our security procedures to consider appropriate new technology and methods.

Please recognize that protecting your Personal Information is also your responsibility. When you establish a Promo Marketing account, you should select a strong password and keep it safe by not sharing it with others. You may change the password as often as you wish by going to your ‘Account Settings’. If you have reason to believe that the security of your account might have been compromised (for example, your password has been leaked), or if you suspect someone else is using your account, please let us know immediately.

We take information security and privacy seriously and our goal is to provide a safe and secure site for all users. To achieve this goal, we have implemented a security program to identify and remediate security issues and we utilize external security researchers to report vulnerabilities. If you believe you have identified a security issue on our Site please contact us support@promomarketing.ca

Contact Us.

If you have general questions about our Services, would like to update your marketing preferences, make changes to your information, or would like to exercise your rights to access and control the use of your information, please reach out to the Customer Care team support@promomarketing.ca