Politica sulla privacy

Updated and effective as of November 20th 2023 (In inglese per la sua posizione)

WELCOME TO THE PORTABLE NORTH POLE!

PLEASE READ THE FOLLOWING CAREFULLY TO UNDERSTAND OUR VIEWS AND PRACTICES REGARDING YOUR PERSONAL DATA AND HOW WE WILL TREAT IT.

Portable North Pole (PNP), which is a product and service offering and trading name of UGroupMedia, Inc., a Canadian corporation (referred to in this policy as ‘UGM’, ‘our’, ‘we’ etc.) are committed to protecting and respecting your privacy.

WHAT'S IN THIS POLICY?

This policy together with our Terms of Use of the PNP websites and any other documents referred to in them) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.

For the purposes of this privacy policy, ‘personal data’ means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to that natural person.

APPLICATION OF THIS POLICY

This privacy policy applies to you if you visit any of our websites (our sites), or use any of our services or PNP mobile apps (generally referred to below as apps), or otherwise correspond with us by phone, email or otherwise.

Our sites are the following, and also include any sub-domain name based on these Web addresses:

• https://www.portablenorthpole.com

• https://portablenorthpole.zendesk.com

• https://forms.monday.com/forms/

Parts of this privacy policy also apply to personal data that you may provide to us, when using our services or apps. In order to personalise our products and/or services, you may provide to us personal data of third parties (referred to here as ‘third party personal data’), for example the names and ages of your children, or details about other family members or friends.

Please see our Terms of Use for details of your responsibilities in relation to third party personal data.

We will only use third party personal data for the purpose of providing the personalised product or service you have requested. We will not use third party personal data for any other purpose. We treat third party personal data in the same way as your personal data, and will ensure that it benefits from the same level of protection. The following paragraphs of this privacy policy apply to third party personal data:

• Our Lawful Basis for Using your Information
• Disclosure of your Information
• International Transfers
• How Long we Retain your Personal Data for
• Your Rights

WHO WE ARE AND HOW TO CONTACT US

UGM is the controller in relation to the personal data we collect about you, and we are responsible for your personal data.

We have appointed a data protection manager who is responsible for overseeing this privacy policy, and any questions in relation to it. If you have any questions about this privacy policy or wish to exercise any of your rights (see further below), please contact our data protection manager using the following contact details:

Full Company Name: UGroupMedia, Inc.,

[Data Protection Manager]: Alexandre Berard

Address:
UGroupMedia, Inc.,
460 Sainte-Catherine Street West,
Suite 500,
Montreal (Quebec) Canada H3B 1A7
Phone: +1 514-871-3888
Email address: gdpr@ugroupmedia.com

INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following data about you:

• Information you give us. You may give us information about you by filling in forms on our sites or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our sites, carry out any search on our sites, place an order on our sites, participate in discussion boards or other social media functions on our sites, enter a competition, promotion or survey, or upload digital content to our sites. Such digital content may typically include photos, videos, real or fictitious names of you and/or your family and friends, gift preferences, and commendable behaviour (e.g., eats vegetables). You may also provide personal information to us when you report a problem with our sites. The information you give us may include your name, age bracket, address, e-mail address and phone number, personal description and photograph, as well is information that you provide (whether in written, visual or audio form) when uploading digital content. When you purchase content from our sites, we will obtain your billing and payment information. You may provide us or our payment processor with your first and last name, telephone number, address, credit card information (if paying by credit card) or bank account information (if paying by electronic funds transfer or other services).

• Information you provide to us from Facebook, Google, Apple and other social networking sites. You may create your account with us by using a social network site, such as Facebook Connect, Google Connect or Apple Connect, which will allow you to automatically share with us certain personal information from your social network account to set up your account with us. For example, we may obtain the following information from Facebook Connect, Google Connect or Apple Connect: your first name, last name and email address. If you choose to do so, we will store data from your social network account on our servers so that we can use updated data from your social network account. Please refer to the privacy settings of your social network account to determine how you may adjust your permissions and manage the interactivity between our services and your social network account or mobile device.

• Information we collect about you. With regard to each of your visits to our sites, or when you use our services, or purchase, install or use content we provide or apps we provide, we may automatically collect the following informations:

• Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;

• Information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our sites (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.

• Information we receive from other sources. We may receive information about you from affiliated entities, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies and other independent third party sources. We will add such information to the other information that we have about you.

COOKIES AND OTHER WEB TECHNOLOGIES THAT WE USE

Our sites use cookies and other technologies to distinguish you from other users of our sites. This helps us to provide you with a good experience when you browse our sites and also allows us to improve our sites.

• Cookies. Cookies are small data text files that can be stored on your computer’s hard drive (if your web browser permits). We use cookies for the following general purposes:

• To help us recognise your browser. To help us recognise your browser as a previous visitor and save and remember any preferences that may have been set while your browser was visiting our sites. For example, if you register on our sites, we may use cookies to remember your registration information so you do not need to log in each time you visit. We also may record your password (PIN) in a cookie, if you checked the box entitled "Save this password (PIN) for automatic sign-in". Member IDs, passwords (PIN), and any other account-related data included in such cookies are encrypted for security purposes; and

• To help us measure the effectiveness of our sites. To help us measure the effectiveness of our sites’ features and offerings, advertisements, and email communications by determining which emails you open and act upon.

The “help” portion of the toolbar on most browsers should tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable most types of cookies. However, if you refuse to accept cookies, you may not be able to access our sites, apps or services or many of the tools and features of them.

• Other web technologies – web beacons. We also may use web beacons (also known as clear gifs, pixel tags or web bugs), which are tiny graphics with a unique identifier, similar in function to cookies, that are placed in the code of a web page. We use web beacons to monitor the traffic patterns of users from one page within our sites to another, to deliver or communicate with cookies, to understand whether you have come to our sites from an online advertisement displayed on a third-party website, and to improve site performance. We also may allow our service providers to use web beacons to help us understand which emails have been opened by recipients and to track visitor traffic and actions on our sites in order to measure the effectiveness of our sites and other offerings.

• Third party analytics technologies. From time to time, we may also allow certain third parties to collect information about your online activities through cookies and other technologies on our sites. The information gathered by these third parties is used for analytic purposes (i.e. to help us make predictions about your characteristics, interests or preferences and display advertisements on our sites tailored to your apparent interests). For example, we may use Google Analytics. If you would like to know more about how Google may use your data when you use our sites and apps, please see: https://www.google.com/policies/privacy/partners/

If you would like to prevent your data from being used by Google Analytics, you can download and install the Google Analytics opt-out browser add-on for the Google Analytics JavaScript (ga.js, analytics.js, dc.js at https://tools.google.com/dlpage/gaoptout

Some of the cookies we use are essential for the operation of our sites. They may include, for example, cookies that enable you to log into areas of our sites or use a shopping cart. Except for such cookies, all cookies will expire after a period of 7 tp 60 days.

For more information, you can contact us HERE.

USES MADE OF THE INFORMATION

We use information held about you in the following ways:

• For account registration and account management, including facilitating your access to and use of our services;

• To communicate with you, such as communications to deliver our e-newsletter, to respond to your questions and comments, to resolve disputes or troubleshoot problems, to provide information about our services and invitations from the PNP community, and to notify you about special offers and products or services available from us and our partners that may be of interest to you;

• To customize your experience with our services;

• To solicit information from you, sometimes through surveys, to measure interest in and improve our services;

• To enforce our Terms of Use, Terms of Sale and our other agreements with you;

• To share or disclose as provided for below; and

• As otherwise described to you at the point of collection.

We may create and share aggregate and anonymous information for use with third parties, including our advertisers and investors. For example, we may tell our advertisers the number of visitors our sites receive or the most popular gifts or preferences. This data cannot be used to identify any individual and as such is not personal data.

OUR LAWFUL BASIS FOR USING YOUR INFORMATION

We will only use your personal data when the law allows us to do so. Most commonly, we will use your personal data in the following circumstances:

• Where it is necessary in order to perform a contract we have entered into or are about to enter into with you. This applies where we supply to you any goods, services, digital content or apps.

• Where you have given us your consent. This applies where you have ticked to say you have read and understood this policy, such as when you register through our sites.

• Where it is necessary for the purposes of our legitimate interests (or that of a third party), and your interests or fundamental rights and freedoms do not override those interests. This applies in particular where we use your personal data in order to better understand your needs and interests, to improve our sites and services and your experience of them, and to provide you with information about other products or services which may be of interest to you. We consider it is in the interests of UGM in operating and managing our business, so that we can offer you the best service we can.

• Where it is necessary in order to comply with a legal obligation. This applies for example where we are required to retain your personal data for taxation reasons.

Depending on the purpose for which we are processing your personal data, we may rely on one or more of these lawful bases.

DISCLOSURE OF YOUR INFORMATION

We may disclose your personal data as follows:

• To our suppliers, contractors and agents (vendors) who provide services or functions on our behalf. If you purchase content, apps or products, we may share your information with vendors who manage the production and distribution of those products or provide related services, including business analytics, customer service, marketing, distribution of surveys or sweepstakes programmes, and fraud prevention. We may also authorise vendors to collect information on our behalf, as necessary to operate features of our sites or services or to facilitate the delivery of online advertising tailored to your interests. Vendors will be given access to, and may collect, information to the extent needed to perform their functions.

• To business partners in conjunction with whom we may offer products or services. If you choose to access these optional services, we may share information about you, including your personal information, with those partners.

• To our affiliated entities and websites. If you were referred to our sites from another website, we may share your registration information, such as your name, email address, mailing address, telephone number, and preferences about you with that referring website.

In addition to sharing your personal information as provided for above, we may also disclose your personal information in the following situations:

• Business transfers by us: in connection with a divestiture, merger, consolidation, asset sale, or other corporate transaction, or in the unlikely event of a bankruptcy.

• When required by law: in response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law.

• When required to enforce our Terms of Use or to protect other interests, including situations when we believe it is necessary to investigate, prevent, or take action regarding illegal or suspected illegal activities, or to protect and defend the rights, property, or safety of UGM and our affiliates, our customers, or others; and in connection with this privacy policy, our Terms of Use, Terms of Sale and our other agreements with you.

WHERE WE STORE YOUR PERSONAL DATA: INTERNATIONAL TRANSFERS

Where your information originates from within the European Economic Area,the data that we collect from you may be transferred to, and stored at, a destination outside the (EEA), including the USA. It may also be processed by staff operating in the USA or elsewhere outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services.

Where we are or will be supplying to you any goods, services, digital content or apps, the transfer may be necessary for the performance of our contract with you, or the implementation of pre-contractual measures taken at your request.

In all other circumstances, whenever we transfer your personal data outside of the EEA, we will ensure a similar degree of protection is afforded to it by ensuring that at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for Personal Data by the European Commission.

• Where we use certain service providers, we may use model contracts approved by the European Commission which give personal data the same protection it has in Europe.

• Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield.

We will take appropriate technical and organisational measures against unauthorised or unlawful processing of your personal data and against accidental loss or destruction of, or damage to, your personal data.

All information you provide to us is stored on secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password (PIN) which enables you to access certain parts of our sites, you are responsible for keeping this password (PIN) confidential. You must not share a password (PIN) with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our sites; any transmission is at your own risk. Once we have received your information, we will take appropriate technical and organisational measures as referred to above, and will treat your data in accordance with this privacy policy.

HOW LONG WE RETAIN YOUR PERSONAL DATA FOR

We will retain and delete your personalised call and video content as provided in our Terms of Sale.

We may retain your account registration information and content that you upload to our sites for up to 30 months after your last activity in your account. Activity means you access or use your PNP account for any purpose, including for example logging into your account. This allows us to respond to any questions regarding previous account registrations or purchases, facilitate any future account registrations, purchases or renewals, comply with our accounting, tax and legal obligations, resolve disputes, enforce our agreements, prevent fraud, and for analytical purposes and record keeping integrity. For example, this will allow you even after expiration or termination of your free version of any of our products or services (e.g. free Christmas or birthday videos), the Magic Pass or Video Pass to renew or purchase the Magic Pass, Video Pass or other PNP services and to retain access to your uploaded content.

If you purchase or renew within the retention period for the personalised call and video content as provided for in our Terms of Sale, you will also have access to your personalised call and video content.

For free versions as referred to above, after the expiration or termination of the free version, you will be able to access your uploaded content only, and not any personalised call and video content, as provided for in our Terms of Sale.

If your PNP account becomes inactive as referred to above, we will disable your PNP account.

If we disable your PNP account as provided for above, your personalised call and video content will be deleted, but your uploaded content and account registration information may remain in our archives for up to an additional 30 months for the reasons set forth above.

You may also receive email offers from us during the additional 30 months for our products and services unless you opt out. You will be given the opportunity to opt out in every email we send to you, or alternatively you can contact us using the contact details provided above.

If you delete your PNP account, your personalised call and video content and uploaded content will be deleted, but your account registration information may remain in our archives for up to an additional 30 months for the reasons set forth above.

At the end of the additional 30 months, whether we disable your PNP account or you delete your PNP account, we reserve the right to retain in our archives certain personal information as may be required for legal, regulatory, or other government compliance purposes. For example, we may keep information regarding your invoices which may include your email address, first and last name, language, country (IP address) and user ID, or your opt in or opt out status, or whether you deleted your PNP account yourself and if so when.

In addition, you may request at any time that we delete your personal information using this form. Upon receipt of the request, we will delete your personal information subject to our reservation above for legal, regulatory, or other government compliance purposes.

Any personal information retained by us will be retained in accordance with this privacy policy and as may be applicable our Terms of Use and Terms of Sale.

PNP reserves the right at any time to delete your personal information, including any account information, Submissions and Content, as provided for in the Terms of Sale or Terms of Use. You are solely responsible for backing up any of this personal information.

YOUR RIGHTS

Under certain circumstances, you have the right under data protect laws to:

• Request access to your personal data. This is commonly known as a ‘subject access request’ and enables you to receive a copy of the personal data we hold about you.

• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.

• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data in certain circumstances.

• Object to processing of your personal data where we are relying on legitimate interests (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground.

• Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.

• Request the transfer of your personal data to another party.

• Withdraw consent. If we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time. Please note that, if you do withdraw your consent, you may not be able to benefit from our services. We will advise you if this is the case at the time you withdraw your consent.

• Lodge a complaint with the relevant supervisory authority, if you are located in the EEA. If you have any complaints about the way we process your personal data, please do contact us. Alternatively, if you are in the EEA you may lodge a complaint with the supervisory authority which is established in your country.

As set out above, we may use information held about you in order to notify you about our special offers and the products and services available from us. Your rights include the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us HERE.

ACCESS TO INFORMATION AND EXERCISING YOUR RIGHTS

You will not have to pay a fee to access your personal data, or exercise any of the other rights set out above. Please note that we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. In certain circumstances, we may refuse to comply with your request.

In order to process your request, we may ask you for additional information to help us to confirm your identity, to ensure that your personal data is not disclosed to anyone who has no right to receive it.

We will aim to respond to your request within one month. Sometimes it may take us longer than one month, if your request is complex or you have made a number of requests at the same time. If this is the case, we will notify you.

CHILDREN’S ONLINE PRIVACY PROTECTION

We are committed to protecting the privacy needs of children, and we encourage parents and guardians to take an active role in their children’s online activities and interests. We do not knowingly collect personal information from children under the age of 14, and children under the age of 14 are not permitted to provide any personal information to the PNP Sites or PNP Services. You and persons age 14 or older are permitted to provide personal information (including personal information of persons under age 14) to the PNP Sites and PNP Services subject to our Terms of Use and Terms of Sale. Persons under age 14 may not in any way provide us with personal information. If we learn that we have collected personal information from children less than 14 years of age, we will take steps to delete the information as soon as possible.

If you are a parent or guardian of a child under thirteen (13), you have the right to request that we allow you to review, or delete, modify or stop further processing of your child’s personal information. If you wish to exercise these rights, please contact us at gdpr@ugroupmedia.com. We may ask you to authenticate your identity before complying with your requests.

Part of the Parental Access Rights, parents can access their child's information. If you believe your child’s personal information is inadvertently collected or was collected without your consent, you may also request to know or delete content or information on behalf of your minor child by sending an email with the subject line “Minor Content Removal Request” to gdpr@ugroupmedia.com. Please specify in your request which website or application your request relates to and the specific information or content that you would like removed.

LINKS TO OTHER WEBSITES

Our sites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

CHANGES TO OUR PRIVACY POLICY

We will notify you about material changes to this privacy policy by either sending a notice to the e-mail address you provided to us when you created your PNP account or by placing a notice of the change on this page. Please check back frequently to see any updates or changes to our privacy policy. Changes apply when they are made, and apply in respect of all your personal data, whether obtained by us before or after the date the change takes effect.

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and you can contact us HERE.