Effective Date: 28th June, 2017
Ganz, an Ontario partnership that owns and operates the Service (defined below) ("Ganz" "we" "us" "our"), appreciates consumer interest in how their Personal Information (defined below) is dealt with and provides this Privacy Policy and Children's Privacy Notice (collectively the "Privacy Policy") for your information. This Privacy Policy applies only to our data collection on the Scrumchums website or any other site, app or online service that we operate and that posts this Privacy Policy ("Service"), and not to data we collect or receive via our other products, sites, services or apps or otherwise outside of the Service, except as specifically provided herein. When you provide us with your information via the Service, you acknowledge that the information may be stored and processed on servers located in Canada.
By visiting or otherwise using the Service, you agree to the Service's Terms of Use and consent to our data collection, use, and disclosure practices and other activities as described in this Privacy Policy, and any additional privacy statements that may be posted on an applicable part of the Service. If you do not agree and consent, please discontinue use of the Service, and uninstall Service downloads and applications.
1. Children's Privacy Notice
The Service is intended for users of all ages. Although this is a Canadian service, we follow the requirements of the U.S. Children's Online Privacy Protection Act ("COPPA"). The rest of the Service will be as a general audience service under COPPA, and is targeted to the trade and parents and other adult consumers. We do not intend to collect personal information as defined by COPPA ("Children's Personal Information") that would require verified parental consent or otherwise in a manner that is not permitted by COPPA. However, consistent with COPPA, we, and Third-party Services (defined below) that may be associated with the Children's Area (e.g., analytics vendors), may collect IP address and other unique identifiers of visitors to support the internal operations of the Service or a Third-party Service. If we obtain knowledge that we have collected Children's Personal Information in a manner not permitted by COPPA, we will remove or otherwise treat such data as required by COPPA.
Ganz is the "operator" of the Service as such term is defined by COPPA, and may be contacted regarding COPPA matters as set forth in Section 12, below. Third-party Services may operate cookies associated with the Service such as Google Analytics.
2. What Is Personal Information?
This Privacy Policy is applicable to all users of the Scrumchums website who provide personal identifiable information ("PII") via the Service. When this Privacy Policy uses the term "PII", we mean information that identifies a particular individual, such as the individual's full name (first name and surname together), postal address, and email address. Some jurisdictions may call personally identifiable information "personal data" or "personally identifying information," and may include opinions about or related to a user within the definition of PII. We sometimes refer to PII in this Privacy Policy as "Personal Information." As permitted by applicable law, we limit our definition of PII and Personal Information to what is required by the laws of Canada. In addition, Personal Information, including, without limitation, PII we collect ourselves through the Service ("Ganz-collected PI"), once "de-identified" (i.e., the removal or modification of the personally identifiable elements, or the extraction non-personally identifiable elements) will be treated by us, as permitted by applicable law, as "non-Personal Information" and may be used and shared without obligation to you, except as prohibited by applicable law. To the extent any non-Personal Information is combined by or on behalf of Ganz with Ganz-collected PI, Ganz will treat the combined data as Ganz-collected PI under this Privacy Policy
3. Personal and Other Information Collected by Ganz
Ganz collects Ganz-collected PI that is voluntarily provided by you when enter a promotion, or engage in a Service activity, such as a video submission program, sweepstakes or skill contest, answer our polls or survey, or communicate with us by mail, telephone or electronically. The type of information we collect and maintain may include your name, mailing address, email address, telephone number, gender, date of birth, purchase history, complaints you may have about our products or services, a record of promotions offered to you, etc. This type of information is collected, used and disclosed in accordance with the form of consent required by applicable law and its use is limited to the objectives for which it was collected as described in this Privacy Policy.
Ganz may also collect information that is stored in cookies and other now and hereafter known tracking technologies ("Tracking Technologies"), and we may associate this information with your Personal Information. Cookies are small pieces of information stored on your browser, hard drive or other device. We use cookies for a number of reasons. Cookies also help us to tailor messages that better match your needs and interests and they allow us to better understand how users in general use our Service, which in turn helps us to focus our resources on features that are most popular with our users. You are always free to decline our cookies if your browser permits, but some parts of our Service may not work properly if you do. Third-party Services may also associate Tracking Technologies with your device when you visit our Service and we are not responsible for them or their practices. You can use a browser plug-in available at www.ghostery.com to look for cookies and find out more about their operators. We do not warrant the completeness or accuracy of Ghostery information or its service.
4. Consent
We reserve the right to collect, use and disclose your Personal Information without consent where required or permitted by law, and you consent to our collection, use and disclosure of your Personal Information and other data as set forth in this Privacy Policy as permitted by applicable law.
Otherwise, Ganz-collected PI will be collected, used and disclosed in accordance with the form of consent required by applicable law and its use will be limited to the objectives for which it was collected as described herein. The form of your consent can vary from implied consent to express consent, depending upon the circumstances and the sensitivity of the type of information collected. We will rely on implied consent when we can reasonably conclude that you have given your consent by your action (e.g. by giving us your name and contact information so that we may send the items you have ordered) or inaction (e.g. by not exercising an ability to opt-out that is provided to you at the time your contact information is collected). This Privacy Policy identifies the purposes for which your Ganz-collected PI is collected, used and disclosed. Additional consent will be obtained from you should we wish to use or disclose your Ganz-collected PI for any additional purpose if required by applicable law.
5. Why Does Ganz Collect Personal Information?
As permitted by applicable law, Ganz may collect Ganz-collected PI for the following reasons:
(a) To better understand you, to allow us to serve you better through enhanced products, customer service and directed Ganz promotional efforts of particular interest;
(b) To properly investigate and respond to any complaints, questions or concerns you may have about our products or services;
(c) To determine your eligibility for our promotions and contests;
(d) For the operation of our Service and/or business; and
(e) To contact you about your submissions or other Service activities.
Without limiting the generality of the forgoing, if you opt in to receive offers, promotions or other information from Ganz, your information may be used to provide you with promotional offers for Ganz products that we believe may interest you and to solicit your opinion on our products and services. We may also use your Personal Information to ensure that your contact information is accurate and up to date.
6. What Kind of Personal Information Does Ganz Disclose, to Whom and Why?
Ganz may share your Ganz-collected PI with other members of the Ganz corporate group, and their respective successors and assigns, but only to the extent necessary to fulfill the purposes identified under the heading "Why Does Ganz Collect Personal Information?"
(a) To Third Parties To Perform Processing and Other Specialized Services: At times, Ganz may use outside organizations to perform specialized services such as, but not limited to, management of online contests. These service providers are only given the information needed to perform those services and we do not authorize them to use Ganz-collected PI for other than the service being provided.
(b) To Third Parties in the Event of Legal Reasons: We advise you that we may disclose Personal Information to the government or other legal or regulatory authorities (i) if so ordered by a court of law or (ii) for other legal reasons, such as (a) to comply with legal process such as a search warrant, subpoena or court order; (b) to protect the company's rights and property; (c) to investigate reports of fraud or of users sending material using a false email address or users sending harassing, threatening, or abusive messages; (d) to protect against misuse or unauthorized use of our Service; or (e) in emergencies, such as when we believe someone's physical safety is at risk. In some cases, disclosure may be permitted or required by law to be without notice to you.
(c) To a Third Party in the Event of a Significant Transaction or Other Event: In the case of any significant transaction or event involving Ganz or any of its related entities or divisions such as, by way of example, a sale, merger, amalgamation, financing, re-organization, liquidation, or insolvency ("Corporate Transaction"), other parties to the transaction and their professional advisors may need to have access to Ganz's customer lists and various databases as part of the due diligence process and other Ganz-collected PI. In this event, Ganz would only provide such access under terms of a confidentiality agreement. Also, upon completion of the transaction or event, your Ganz-collected PI and other information may be transferred to Ganz's successor-in-interest to be used for the purposes not inconsistent with applicable law or the privacy policy or representations applicable to its collection.
However, other than to our affiliates or as part of a Corporate Transaction, we will not share your Ganz-collected PI with third parties for their own direct marketing purposes unless you consent.
7. How Long Does Ganz Retain Personal Information?
We keep your information for a period reasonably necessary to meet the purposes for which it was collected or to comply with any legal requirements, including statutory retention periods. When your Ganz-collected PI is no longer required for a specific purpose or legal requirement, we will make good faith efforts to erase it from our records, though erasure may not be complete and back up or residual data may persist. Unless otherwise required by applicable law or reasonable ongoing business necessity, our policy is not to retain Ganz-collected PI longer than seven (7) years.
8. What Security Measures Does Ganz Have in Place To Safeguard Personal Information?
Ganz has implemented physical, electronic and administrative measures to help protect your information from error, loss or unauthorized access, which we believe are reasonable under the circumstances and consistent with what applicable law requires.
9. Where is my Personal Information Located?
Ganz is based in Canada and the information Ganz and its service providers collect is governed by Canadian law. If you are accessing the Service from outside of Canada, please be aware that information collected through the Service may be transferred to, processed, stored, and used in Canada. Data protection laws in Canada may be different from those of your country of residence. Your use of the Service or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your information, including Personal Information, in Canada as set forth in this Privacy Policy.
Your Ganz-collected PI may be stored and processed in servers, including those of our authorized third parties, located in Canada. These servers shall always be subject to the safeguards described in this Privacy Policy to protect against unauthorized collection, use or disclosure, and you shall be able to access the personal information stored in such servers in accordance with this Privacy Policy.
10. Links to Third Party Services
Users may, through hypertext or other computer "links," plug-ins, or otherwise gain access to other websites and online services on the Internet which are not operated by Ganz ("Third-party Services"). Ganz is providing access to Third-party Services to you only as a convenience, and we do not endorse and are not responsible for Third-party Services. GANZ ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE SERVICES OPERATED BY GANZ AND ITS AFFILIATES, INCLUDING ANY WEBSITES WHICH MAY BE ACCESSED THROUGH A LINK ON A GANZ OPERATED WEBSITE, AND OTHER THIRD PARTY SERVICES. Unless otherwise indicated at a Ganz operated service, Ganz is not sponsored by or affiliated with the Third-party Services, and trademarks used in connection with Third-party Services are not trademarks of Ganz. Ganz specifically disclaims responsibility for any inadvertent viewing by anyone under the Age of Majority of any material intended for adults on a Third-party Service accessed through or from our Service and in all other respects related to Third-party Services. You are encouraged to review the privacy policies and terms of use of Third-party Services before using them.
11. How To Control How Your Personal Information is Collected, Used and Disclosed
As required by applicable law, you have certain control over how we collect, use and disclose your Personal Information. Any comments, questions or changes regarding the collection, use and disclosure of your Personal Information shall be directed to Ganz Customer Service Department, as described in Section 12 below.
As required by applicable law, you may choose not to receive certain types of email from us, even after granting permission, by unsubscribing. Instructions on how to unsubscribe from such emails (e.g., emails not related to processing of your transactions with us) are included in each such email.
A request for a copy of the Personal Information we keep about you, depending on the laws of your country, must be made in writing (to us as described in Section 12 below) giving details with which Ganz can identify you. Information will be furnished in accordance with applicable law.
12. Questions, Comments or Accessing or Updating Your Personal Information:
If you have any questions or comments about Ganz's Privacy Policy, or to the extent you have the right to do so under applicable law, would like to advise us how you would like your Personal Information not to be used or disclosed, or would like to access or update your Personal Information, please contact our webmaster at customerservice@ganz.com. You can also write to us at Scrumchums c/o Ganz, One Pearce Road, Woodbridge, Ontario, L4L 3T2, Canada (Attn: Privacy/Legal).
Please note that certain information is required by Ganz to process payment and fulfill any orders that you may place through a Ganz service, and if you withdraw your consent to the collection, use or disclosure of your Personal Information for these purposes, then Ganz will not be able to fulfill your orders.
If, after contacting our customer service representative, your concerns or questions have not been resolved to your satisfaction, you can contact Ganz Legal Department in writing via mail or fax:
Ganz
Attention: Legal Department
One Pearce Road, Woodbridge, Ontario, Canada L4L 3T2
Fax Number: 888-633-0343
13. Acceptance of Privacy Policy and Changes
This Privacy Policy outlines the information collection and usage practices of Ganz in connection with the Service. By accessing, browsing or using the Service, or by submitting your Personal Information to Ganz in connection with the Service, you signify your agreement to our practices as set forth in this policy or as otherwise provided to you at the time and point of collection. If you do not agree to this policy, please do not submit your Personal Information to us in connection with the Service, or use the Service. We reserve the right, at our discretion, to change, modify, add or remove portions of this Policy at any time, which will become prospectively effective upon posting it to the Service. However, if at some point in the future, there is a material change to our information usage practices that affects your Personal Information collected under a prior policy, either the prior policy shall continue to govern that Personal Information or you will be notified of such change by a conspicuous posting on the Service and will be prompted to elect whether or not you agree to the change. Depending on the changes made, you may be unable to utilize the Service if you choose not to agree to a modification to this Privacy Policy. If any future change affects our payment processing and order fulfillment functions, if you withhold your consent, we may not be able to continue to process payments or fulfill orders from you. Your acceptance of a revised policy, which may be communicated by clicking to indicate your consent for the continued provision of your personal information to Ganz following the effective date of any changes to this Privacy Policy shall mean that you have accepted those changes, subject to your continuing right as may be required by applicable law to notify us at any time as to how you would like us to treat your Personal Information.