Last updated: February 9, 2017
Brain Vision Solutions Inc. (the “Company”) agrees to protect and maintain the confidentiality of personal information of those persons with whom it deals, including users of its products, services and websites, and prior and prospective customers (collectively “Users” and individually a “User”, as appropriate), and the Company is responsible for the personal information it has in its possession or under its control.
By supplying personal information to the Company, the Users agree to this Policy. The Company may modify this Policy at any time and without notice. The Users are asked to regularly check to see whether this Policy has been modified. Users are deemed to have accepted any modifications of this Policy if they continue to provide personal information to the Company after publication of such modifications.
Types of information collected and manner in which the information is collected
For the purposes of this Policy, “Personal Information” is any information relating to the identity of any individual, such as name, birth date, address and other information pertaining to such individual’s identity, as well as financial information, which may be presented in any form.
The type of Personal Information collected by the Company depends on a number of factors and context. The Company collects only the Personal Information necessary for the conduct of its business and to achieve specific purposes.
The Company collects Personal Information about Users from a number of sources, but most of the information comes directly from Users, through their use of products and services of the Company and use of its websites.
The act of willingly providing Personal Information to the Company constitutes consent by the User for the Company to collect, use and disclose such information in accordance with the terms and conditions of this Policy, for example if a User provides Personal Information when prompted to do so in the use of products and services of the Company or use of its websites.
If a User provides Personal Information about third parties, the Company considers this third party to have given his/her consent, and it is the responsibility of the User to ensure that this is the case.
Subject to legal or contractual requirements, Users may at any time withdraw their consent to the collection, use or disclosure of their Personal Information by writing to the Company, giving reasonable notice. However, the withdrawal of such consent could limit the capacity of the Company to offer certain specific products and services to the User, prevent the Company from providing same or even force the Company to cease from providing same. Moreover, even in case of withdrawal of consent, the Company may nevertheless by law have the right or obligation to retain, use or disclose Personal Information about a User.
Purposes for collecting and using Personal Information
The Company may collect and use Personal Information for the following purposes:
- Provide products, services or information requested by Users;
- Communicate with Users as part of the activities of the Company, for internal quality assurance purposes or to manage the quality of the information provided;
- Detect and prevent fraud;
- For statistical and accounting purposes;
- Inform Users of news, updates, information and special offers concerning products and services of the Company, in accordance with anti-spam legislation, as applicable;
- If the Company has reasonable grounds to believe that it might be useful as part of the investigation of a violation of provincial, federal or foreign law or to ensure the protection or defence of a legal interest;
- As required or permitted by law.
Retention of Personal Information
The Company retains the Personal Information it collects as long as it is necessary to conduct its activities and accomplish specific goals while it is reasonable to do so for customer service, legal or commercial purposes. The length of retention period depends on the product or services and the nature of this information. When the retention period expires, the information is destroyed, deleted or made anonymous.
Disclosure of Personal Information
The Company agrees not to publish, sell, rent or share the Personal Information of the Users with anyone except to the extent allowed in this Policy.
The Company will disclose Personal Information about Users to third parties only in the following situations:
- The User has expressly authorized the Company to disclose the information provided for a specific purpose;
- The third parties involved are acting on behalf of the Company as agents or suppliers of products or services, and the information will be disclosed to them only in order to assist the Company in providing products or services, it being understood that these third parties shall respect strict contractual conditions that oblige them to maintain the confidentiality of all information and use it only for purposes related to the supply of products or services by the Company;
- If a person is acting as a representative of the User or if the Company reasonably believes that the person is acting pursuant to an appropriate authorization (for example as tutor, holder of parental authority, etc.), or is a person who owns a product or service jointly with the User;
- In accordance with the conditions applicable to a product or service of the Company, to facilitate the sale of the product or the provision of the service, in particular to satisfy legal requirements;
- If the Company is required to provide Personal Information in response to a legitimate court order, subpoena to submit documents or investigation by authorities or is otherwise required by law;
- The Company reserves the right to report to law enforcement authorities any activity that the Company thinks in good faith to be illegal;
- The Company may disclose certain Personal Information when it considers such disclosure reasonably necessary to protect the rights, property and safety of third parties as well as those of the Company or to ensure Users’ compliance with its obligation in regards to the Company;
- Should the Company sell its business or assets, in whole or in part, or is involved in a merger, as required by such a transaction.
Protection and accuracy of the Personal Information
The Company takes seriously the management of the Personal Information of Users.
Only authorized Company personnel have access to the Personal Information of Users. These employees have been informed by the Company of their obligation to preserve the confidentiality of this Personal Information. The Company employees who have access to Personal Information may use it only in accordance with the principles set out in this Policy and applicable legislation and regulation.
The security and protection of Personal Information is important to the Company. The Company applies reasonable technical, contractual, administrative and tangible measures to protect the Personal Information of Users against its unauthorized use or disclosure as well as its loss or theft, including encryption of secured transactions when required. Although it is impossible to guarantee 100% protection, the Company has adopted rigorous methods that comply with strict security standards to ensure protection of Personal Information.
Depending on the nature of Personal Information, it may be stored in the offices of the Company or in various computer systems of the Company or its service suppliers or in storage installations of the Company or its service suppliers, in Canada or outside Canada.
The Company will ensure that the Personal Information about Users is as accurate, complete and up-to-date as possible for the purposes for which it is used. It is however the responsibility of the User to update Personal Information, such as addresses, with the Company.
Access to Personal Information and modification of Personal Information
Users may access their own Personal Information in order to consult, update or correct such, by contacting the Company in writing by email or regular mail.
Any such request must contain sufficient details for the Company to be able to process same. The Company agrees to respond to any such request within a reasonable period of time, and to the extent possible, within a maximum of thirty (30) days. The Company must however first verify the identity of the person making such a request.
The Company may refuse in writing access to or modification of Personal Information of a User for serious reasons, such as the exorbitant cost of supplying the information, the fact that the Personal Information contains information about other persons, the existence of legal, security or proprietary commercial reasons and the fact that the information is protected by professional secrecy, attorney-client privilege, or involved in a legal proceeding.
The Company may charge fees for the transcription, copying or transmission of Personal Information of a User and will so advise the User in advance.
Online collection of information
As part of the operation of its websites, the Company may collect additional information (“Online Information”) about the Users and their use of its websites, and this Policy applies to this Online Information with the appropriate adjustments.
For the purposes of this Policy, Online Information means information such as the name of the Internet domain (e.g. “xyzcompany.com”) and the Internet protocol address (IP address) used to access websites, the date and time of the visit, the pages visited, the browser type and version or the operating system used, as well as the previous and subsequent website accessed. General information, such as demographic statistics on Users, the number of visitors and the average usage time of the websites are also considered Online Information.
The Company collects or obtains Online Information as part of the operation of its websites. For example, when a User chooses to visit a website, web servers may automatically collect Online Information provided via the User’s browser or stored as “cookies” or other analytical tools or digital markers.
In addition to what is already provided in this Policy in regards to Personal Information, the Company uses Online Information to track the use of its websites and improve their use, customize the experience of the Users, in particular by proposing customized advertisements and offers, make statistical analyses of all the characteristics and behaviours of Users, measure the demographic variables and interests of Users with respect to specific services, describe its services to third parties and potential commercial partners and determine how and where Company resources can be allocated more effectively. No Personal Information is disclosed as part of such activities.
This Online Information is necessary for the Company to be able to collect the data required to record the number of Users, the pages most frequently consulted, the technology used by websites Users, link selection and Users’ place of origin.
Cookies are fragments of information sent to Users computer when a website is viewed. These are traces of the Users’ visit that are recorded either temporarily or permanently on their hard drive and may include the date and time of the last visit, among other things. Cookies contribute to improving Users’ online experience by recording browsing preferences on a particular website.
Cookies left on Users’ hard drive are harmless and may be read or deleted at any time. Users therefore have complete control over them. The information allows the Company to determine the total number of visitors to each web page and the time spent on it. Every time Users go to a website, a cookie is created and left on their computer, therefore allowing the Company to “recognize” them.
The websites may also contain electronic images that are known as invisible pixels (a “web beacon”), allowing the Company to count the number of people that have visited certain web pages. Invisible pixels are not used to access Personal Information. They are more of a technical method for allowing aggregate statistics to be compiled on the use of a website. Invisible pixels only collect limited data, such as cookie numbers, the date and time that a web page has been accessed and a description of the web page that the invisible pixel is found on. The websites can also include invisible pixels placed by partner advertisers or suppliers of web analytics services in order to help the Company to evaluate the efficiency of certain promotion or Internet sponsorships.
The websites may also use retargeting services to identify Users who have visited the websites and reach them with online advertising once they have stopped visiting the websites, in order to transmit advertisements associated with prior use of the websites, without however disclosing any Personal Information in doing so.
Hyperlinks to third party websites and third-party social media
The Company may use social media (for example, Facebook and Twitter) in addition to the operation of the websites. Social media accounts are public and are not hosted by the Company. The Users who decide to interact with the Company through social media must therefore read the terms of service and privacy policies of these third-party suppliers of services and the applications used to have access to them.
The Personal Information that is provided to the Company by way of social media accounts is collected in order to record exchanges (for example, questions and answers, comments, “likes”, shared tweets) between a User and the Company. It may be used to answer requests, make statistical evaluations and to prepare reports and for all other purposes indicated in this Policy.
Questions, comments, suggestions or complaints
For any question, comments or suggestions regarding this Policy or the personal information protection practices of the Company not discussed in this Policy, you can write to the Company by email or regular mail. You can submit complaints to the Company if you think that the Company is not meeting its obligations with respect to the protection of Confidential Information. The Company will investigate such complaints and if they are justified, will take appropriate measures to correct the situation. If you are not satisfied with this internal review of your complaint, you can contact the relevant authorities in charge of privacy, such as the Office of the Privacy Commissioner of Canada.
How to contact the Company
You can contact the Company by email at email@example.com or by regular mail at this address:
Brain Vision Solutions Inc.
Attn: Lydia Timm, PhD
8255 Mountain Sights Avenue
Montreal, QC H4P 2B5