Privacy Policy

We respect your privacy and are committed to protecting your privacy in accordance with this Privacy Policy. This Privacy Policy describes how we collect, use, and disclose your Personal Information when you use, visit or make a purchase from our Website.

This Privacy Policy also explains how you can ask questions and make suggestions about our privacy practices and review and update such information.

We urge you to read this Privacy Policy carefully and to check back periodically as it may change from time to time. Please note that this Privacy Policy does not apply to the practices of companies or websites which are not owned or controlled by us.

SECTION 1 – COLLECTING PERSONAL INFORMATION

When you visit the Website, we collect certain information about your device, your interaction with the Website, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including without limitation, an individual’s name, billing and shipping address, phone number, payment information (including credit card information), e-mail address, birth date, sex, location, version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Website ) as “Personal Information”.

By accessing, using or receiving the Website, any Service and/or submitting information to us related to any Service, you are providing your consent for us to collect, use and disclose such Personal Information in accordance with this Privacy Policy and applicable laws. You may withdraw your consent at any time, subject to applicable laws.

SECTION 2 – INFORMATION COLLECTED

Personal Information about you and other individuals is collected when you access or use the Website, any Service and when you provide such information to us when subscribing for any Service or otherwise communicating such information directly to us. For example, if you choose to contact any of our representatives, we may keep a record of that communication so that we may fully address the subject matter. We may also receive Personal Information from our business partners and other third parties, including Shopify Inc. and our hosting/website service providers.

We may collect certain information electronically which may be considered Personal Information when you visit the Website, email us, complete a registration form or survey, provide us with questions or feedback, view online advertisements, or through third-party technologies, such as cookies.

SECTION 3 – USE OF INFORMATION

We may use your Personal Information:

(a) to provide you with the Services and other services and information you have requested from us, including through your use of the Website;

(b) we use Shopify to power our online store and may disclose Personal Information in connection with Shopify’s services. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy;

(c) to contact you about changes, enhancements or similar notices related to the Services or other goods or services that we feel may be of interest to you;

(d) if you indicated to us at any time that you were interested in receiving offers or information from us or certain of our selected sponsors or advertisers or third party service providers, for the purpose of us or such sponsors or advertisers or parties to send you e-mail materials and other mailings about products and services that we feel may be of interest to you (if at any time you would like to end your subscription to any such e-mail materials, follow the directions posted at the bottom of the e-mail material to unsubscribe or contact the sender directly);

(e) for the purposes of assisting in the investigation of a contravention of any applicable laws or in order to protect or defend a legal interest, if we have reasonable grounds to believe the information could be useful for such purposes;

(f) in the context of performing or amending our agreements with you and in correspondence between you and us;

(g) to generally enhance your experience with the Services and enhance the Website;

(h) to investigate and prevent errors, defects, performance and security issues;

(i) for research and statistical reporting purposes and business research, provided that if any reports or other related work product are made public, then any Personal Information will be anonymized so as not to include any identifiable features of a particular individual without their express consent; and

(j) for other such purposes as may be required by applicable law.

SECTION 4 – DISCLOSURE OF PERSONAL INFORMATION

We may share Personal Information internally amongst directors, officers, interns, volunteers, agents and staff or with our affiliates. We will only disclose Personal Information to third parties:

(a) where the individual has given us their express or implied consent to disclose the Personal Information for a designated purpose;

(b) where the third parties are acting on our behalf as our agents, suppliers, strategic associates, or service companies, to enable us to more efficiently and effectively provide any Service or use of the Website;

(c) to facilitate the provision of any Service or use or access to the Website, such as fulfilling legal requirements;

(d) for purposes required by applicable law, including by an order of any court, institution or body with jurisdiction or authority to compel the production of information, or in order to protect or defend a legal interest; or

(e) in connection with a corporate reorganization, merger or amalgamation with another entity, or a sale of our assets provided that the Personal Information disclosed continues to be handled as permitted by this Privacy Policy (or similar) by the entity acquiring the information.

SECTION 5 – LINKS TO OTHER SITES AND ADVERTISEMENTS

Our Website and any Service we offer now or in the future may contain links to other websites and/or services. While we try to link only to websites and/or services that share our high standards and respect for privacy, please understand that we are not responsible for the content of, or the privacy practices employed by, other persons or websites. This Privacy Policy applies only to the Website and any Service referred to in this Privacy Policy.

SECTION 6 – SECURITY

The security of all Personal Information is important to us. We will take commercially reasonable steps to protect Personal Information we collect from unauthorized loss, misuse, alteration or destruction. We will keep and store your Personal Information for a period of time that is necessary to fulfill its purposes for which it is collected, except as required or permitted by applicable law.

SECTION 7 – MINORS

The Website is not intended for individuals under the age of majority in your state or province of residence. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.

SECTION 8 – BEHAVIORAL ADVERTISING

We use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

(a) We use Google Analytics to help us understand how our customers use the Website. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

(b) We share information about your use of the Website, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

SECTION 9 – FOR EUROPEAN RESIDENTS

Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

· Your consent;

· The performance of the contract between you and the Website;

· Compliance with our legal obligations;

· To protect your vital interests;

· To perform a task carried out in the public interest;

· For our legitimate interests, which do not override your fundamental rights and freedoms.

If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.

Certain Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.

SECTION 10 – ACCESSING AND CHANGING INFORMATION

You have a right to access your Personal Information that we have collected and stored. We provide you with the means to access, update, edit or delete any information you may have provided to us at any time by contacting us through the contact information below.

If you are unsure whether we have a record containing any of your Personal Information and would like to confirm whether or not we do, or if you would like to withdraw your consent to the use of any Personal Information as described in this Privacy Policy or if you have any comments or suggestions, please send an e-mail through the contact information below, indicating all e-mail addresses that you may have given us.

SECTION 11 – AUTOMATIC DECISION-MAKING

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

We do not engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

Services that include elements of automated decision-making include:

· Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.

· Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

SECTION 12 – COOKIES

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

We use the following cookies to optimize your experience on our Site and to provide our services.

Cookies Necessary for the Functioning of the Website’s online store

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.

SECTION 13 – DO NOT TRACK

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

SECTION 14 – CHANGES

We may from time to time change our Privacy Policy in our sole discretion. Changes will be effective when a new version is posted on the Website. If you continue to receive any Service after the changes have been posted to the Website, you are accepting these changes. It is your responsibility to read, understand and agree to the terms of this Privacy Policy and any changes made. If you do not agree to this Privacy Policy or any changes, it is your responsibility to stop using the Website or order any goods or services through our Website.

SECTION 15 – GENERAL

This Privacy Policy is subject to the terms and conditions of our Terms of Service policy. For more detail, please review our Terms of Service policy. Terms not otherwise defined herein shall have the meaning given to them in the Terms of Service policy.

The parties have required that this document and all documents and notices resulting from it shall be drawn up in English. Les parties aux présents ont exigé que la présente document ainsi que tous les documents et avis qui s’y rattachent ou qui en découleront soit rédigés en la langue anglaise.

SECTION 16 – CONTACT

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at brookep@tourismkingston.com or by mail at 366 King Street East, Suite 460, Kingston, Ontario, Canada K7K 6Y3.