Last Updated: March 2022
SmartSweets Inc. (“SmartSweets”, “we”, or “us”) respects your privacy and is committed to protecting the personal information you may provide to us while using or accessing or services, using our website, by voluntarily interacting with us.
The purpose of this privacy statement is to inform you about our privacy practices, including how we collect, use and disclose your personal information. This privacy statement relates to all of our activities, unless we have provided you with a separate privacy statement for a particular product, service or activity (the “Policy”).
Please review the Policy carefully. By submitting your personal information to us, by using our websites, or by voluntarily interacting with us, you consent to our collecting, using and disclosing your personal information as set out in this Policy, as revised from time to time.
Your continued use of our website following the posting of any amendment to this Policy shall constitute your acceptance of such amendment.
- Meaning of Personal Information
- Your Consent to Collection, Use and Disclosure
- Personal Information We Collect
- What Non-Personal Information We Collect
- How We Use Your Personal Information
- How We Share Your Personal Information
- Opting Out of Communications
- Retention of Personal Information
- Information Security
- Accessing and Updating Your Personal Information
- International Transfer and Storage of Information
- Third Party Websites and Services
- Children’s Information
- Public Forums
- Privacy Statement Updates
- Contact Us
MEANING OF PERSONAL INFORMATION
"Personal information" means recorded information that is reasonably capable of identifying an individual. This information may include, but is not limited to, your name, date of birth, mailing address, e-mail address and telephone number.
Personal information does not include any business contact information that is solely used to communicate with you in relation to your employment, business or profession, such as your name, position name or title, work address, work telephone number, work fax number or work electronic address.
Personal information also does not include information that has been anonymized or aggregated in such a way that there is no serious possibility it can be used to identify an individual, whether on its own or in combination with other information.
YOUR CONSENT TO COLLECTION, USE, AND DISCLOSURE
We collect, use and disclose your personal information with your consent or as permitted or required by law. How we obtain your consent (i.e. the form we use) will depend on the circumstances, as well as the sensitivity of the information collected. Subject to applicable laws, your consent may be express or implied, depending on the circumstances and the sensitivity of the personal information in question. If you choose to provide personal information to us, we assume that you consent to the collection, use and disclosure of your personal information as outlined in this Policy.
Typically, we will seek your consent at the time your personal information is collected. Where we want to use your personal information for a purpose not previously identified to you at the time of collection, we will seek your consent prior to our use of such information for this new purpose.
You may withdraw your consent to our collection, use or disclosure of your personal information at any time by contacting us using the contact information in the “Contact Us” section below. However, before we implement the withdrawal of consent, we may require proof of your identity. In some cases, withdrawal of your consent may mean that we will no longer be able to provide certain products or services.
If you provide personal information about another individual to us, it is your responsibility to obtain the consent of that individual to enable us to collect, use and disclose his or her information as described in this privacy statement.
PERSONAL INFORMATION - WHAT WE COLLECT FROM YOU
We do not collect any personal information from you unless you provide it to us in one of the ways discussed in this Policy. The personal information we collect is generally in one or more of the following:
For individuals who visit our website(s) located at www.smartsweets.ca (collectively, “our websites”), we may collect information from you or from your activities on the websites:
- When you sign up for the newsletter, we collect your email address;
- When you register, create, and populate your account, we may collect your name, date of birth, email address, password, contact and billing information.
- When you place an order on our online store or access your account through our online store, we collect information necessary to process your order, including your name, contact information, billing address, shipping address and items ordered. We do not collect payment card information. If you make an online payment using a payment card, such as a credit card or debit card, you are connected directly to our online payment processing service providers and your payment card information is collected and processed by that service providers. For more information about our third party services providers, see “Third Party Websites and Services” below.
- When you apply for a job, we may collect your email address, your name, surname, resume and any other information you may provide us.
- When you apply to be an influence, we may collect your email address, your name, your mailing address, your date of birth, and your social media profiles.
- Like most websites and other Internet services, we may collect certain technical and device information about your use of our website. Such information may include your Internet protocol address (“IP address”), information about your device (e.g. model or operating system), browser and operating system, and the date and time of your visit. We may also collect or infer your geographic location based on your IP address.
For individuals who otherwise interact with us, whether in person, by phone or email, through social media or otherwise, including individuals who might be interested in acquiring our products or services, who sign-up to receive newsletters or other communications, who leave online reviews or submit feedback, who request refunds, or who respond to surveys and questionnaires, we may collect information that you provide to us during these interactions. This information may include your name, profile photo, or other information included in your profile, e-mail address and other contact information. We may also record customer calls to our customer service representatives.
By providing personal information to us, you voluntarily consent to the collection, use and disclosure of such personal information as specified in this Policy. Without limiting the foregoing, we may on occasion ask you to consent when we collect, use, or disclose your personal information in specific circumstances. Sometimes your consent will be implied through your conduct with us if the purpose of the collection, use or disclosure is obvious and you voluntarily provide the information.
WHAT NON-PERSONAL INFORMATION WE COLLECT FROM YOU
We may disclose aggregated information about you, and information that does not identify any individual, without restriction.
HOW WE USE YOUR PERSONAL INFORMATION
Personal information which we collect from you will only be used as described in this Policy. Except as described in this Policy, we will not give any of your personal information to any third party without your express approval.
We may use your personal information for the following purposes:
- to process your orders and provide you with our products, and to support your use of our products;
- to contact you relating to our products and respond to requests for products;
- to monitor and improve our products, and to develop new products;
- to process refunds;
- to create and maintain your account;
- to respond to your requests for customer service;
- to analyze the needs and activities of our users and customers to help us better serve them;
- to conduct research and analysis related to our business and products and our websites’ user base and usage patterns;
- to respond to inquiries and other requests;
- to collect feedback, opinion, and comments about our products and websites;
- to administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners;
- to provide you with information that we think may interest you, including in regards to our products;
- to display relevant advertising;
- to protect the rights, property or personal safety of you, us, our users and the public;
- to enforce this Policy or our Terms of Service;
- to prevent fraud or potentially illegal activities;
- to investigate legal claims; and
- as required to comply with applicable laws or as authorized by applicable laws.
We may occasionally communicate with you regarding our products and offerings we believe might be of interest to you. You have the option to not receive this information. We provide an opt-out function within all email communications of this nature, or alternatively we will cease to communicate with you for this purpose if you contact us and tell us not to communicate this information to you. For more information, please see the “Opt Out of Communications” section of the Policy.
Whatever the purpose may be, we will collect and process your personal information to the extent you have provided us with you consent, or alternatively as reasonably necessary to fulfill our contracts with you, perform our legitimate business objectives, or as may be required by applicable law. We may use your personal information and other information for purposes for which we have obtained your consent, and for such other purposes as may be permitted or required by applicable law.
As explained elsewhere in this Policy, personal information we collect may be processed by our partners in providing services related to our websites (such as administration services, technical services relating to the maintenance, servicing, and upgrading of software, hosting services, customer service, data migration services, and analytical services, among others).
HOW WE SHARE YOUR PERSONAL INFORMATION
We rely on third party services providers to perform a variety of services on our behalf, such as e-commerce providers, payment card processers, telephone and technical support providers, hosting, data storage and processing service providers, marketing and advertising providers and customers, and research and analytics providers.
If we provide your information to service providers, then we require that the service providers maintain the confidentiality of your personal information and keep your personal information secure. We also require that they only use your personal information for the limited purposes for which it is provided. When our service providers no longer need your personal information for those limited purposes, we require that they dispose of the personal information. In some circumstances, we may permit our service providers to retain aggregated, anonymized or statistical information that does not identify you. We do not authorize the service providers to disclose your personal information to unauthorized parties or to use your personal information for their direct marketing purposes. A more detailed list of third party service providers is outlined below under “Third Party Websites and Services”.
Reviews submitted on the website are intended for public display and are therefore viewable by members of the public, including your first name and last initial, as well as photo content you supply as part of your account or review. That review and any personal information associated with the review may be shared with our syndication partners, and the review may be displayed on other social media or third-party marketplaces.
Additionally, we may use and disclose your information when we believe such use or disclosure is permitted, necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce the terms of the agreements for our products and services; (e) to protect our operations or those of any of our affiliates or subsidiaries; (f) to protect our rights, privacy, safety or property, and/or those of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
If we otherwise intend to disclose your personal information to a third party, we will identify that third party and the purpose for the disclosure, and obtain your consent.
In addition, we may transfer your personal information and other information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, brands, affiliates, subsidiaries or other assets.
OPTING OUT OF COMMUNICATIONS
If you no longer want to receive marketing-related emails from us, you may opt-out of receiving marketing-related emails by clicking the “unsubscribe” link at the bottom of any email you receive from us. You may also opt-out by contacting us directly using the contact information in the “Contact Us” section below.
We will endeavour to respond to your opt-out request promptly, but we ask that you please allow us a reasonable time to process your request. Please note that if you opt-out from receiving marketing-related emails, we may still need to send you communications about your use of our products, or other matters.
RETENTION OF PERSONAL INFORMATION
We will use, disclose or retain your personal information only for as long as necessary to fulfill the purposes for which that personal information was collected and as permitted or required by law.
We have implemented physical, organizational, contractual and technological security measures with a view to protecting your personal information and other information from loss or theft, unauthorized access, disclosure, copying, use or modification. We have taken steps to ensure that the only personnel who are granted access to your personal information are those with a business ‘need-to-know’ or whose duties reasonably require such information.
While we take precautions against possible breaches in our web sites and customer databases, no web site or Internet transmission is completely secure, so unfortunately we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of our website(s) is at your own risk. We assume no liability for disclosure of your personal information due to transmission errors, unauthorized access, or causes beyond our control, including security failures on the part of our partners and third party service providers and processors.
If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any information that you provided to us has been compromised), please contact us immediately using the contact information in the “Contact Us” section below.
ACCESSING AND UPDATING YOUR PERSONAL INFORMATION
We make reasonable efforts to ensure that your personal information is kept as accurate, complete and up-to-date as reasonably necessary. We will not routinely update your personal information, unless such a process is necessary. We expect you, from time to time, to supply us with updates to your personal information, when required.
You may make a written request to review any personal information about you that we have collected, used or disclosed, and we will provide you with any such personal information to the extent required by law. You may also challenge the accuracy or completeness of your personal information in our records and request corrections. If you successfully demonstrate that your personal information in our records is inaccurate or incomplete, we will amend the personal information as required. To exercise these rights, please contact us by using the contact information in the “Contact Us” section below.
We may require that you provide sufficient identification to fulfill your request to access or correct your personal information. Any such identifying information will be used only for this purpose.
INTERNATIONAL TRANSFER AND STORAGE
Your personal information may be stored and processed in any country where we have facilities or in which we engage third party service providers. As a result, your personal information may be transferred to countries outside your country of residence, which may have different data protection rules than in your country. While such information is outside of your country, it is subject to the laws of the country in which it is located, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country.
THIRD PARTY WEBSITES AND SERVICES
This Policy applies only to our websites and products. It does not extend to any websites, products, social media platforms or services provided by third parties.
As outlined above, we rely on third party services providers to perform a variety of services on our behalf in connection with our websites and products, such as e-commerce providers, payment card processers, telephone and technical support providers, hosting, data storage and processing service providers, and research and analytics providers.
There may be times where a third party may ask to collect your personal information themselves. These third parties can include advertisers and third party service providers and payment processors. When you provide your personal information to such third parties, they will use your personal information in accordance with their own privacy policies and not this Policy. Therefore, you should read their privacy policies carefully before providing them with your personal information. We are not responsible for the privacy practices of such third parties, and we encourage you to review all third party privacy policies prior to using third party websites or products or services. The third party service providers we use, includes but is not limited to, the following:
- Social Login by OxiApps. We use this to facilitate single sign-on for our online store users with their social media accounts. When you use social login, we may disclose information related to your device, the websites you visit, the advertisements you view, and information regarding your activities on our website. For more information, please visit https://social-login.oxiapps.com/privacy
You can also visit http://optout.aboutads.info/?c=2&lang=EN for more information about ad targeting and exercising your choice to opt out of the collection of information for ad targeting.
- Instagram. By clicking on the Instagram button on our websites, you will be automatically transported to the official Instagram Page for SmartSweets, https://www.instagram.com/smartsweets/.
- Jotform: Jotform is an online form builder. We use Jotform to create and issue online forms and surveys to our customers or other interested persons. For more information, please visit https://www.jotform.com/privacy/.
- Klaviyo. Klaviyo is a marketing automation platform service provider. We use Klaviyo to collect email addresses through our websites and manage marketing communications. For more information please visit https://www.klaviyo.com/privacy/policy .
- Recharge is a subscription payments platform to manage subscription billings. They may collect your name, email address, telephone number, billing address, shipping address, payment information. For more information, please visit https://rechargepayments.com/privacy-policy.
- Storepoint provides store locator and geolocation functions, in reliance on Google Maps. This is integrated with our websites and accordingly Storepoint and/or Google Maps may receive personal information in connection with the use of the website, including search terms, IP address, and geolocation information. For more information, please visit https://storepoint.co/privacy.
- Third Party Payment Processors. As outlined above, information you provide on the website(s) may be shared with and stored by our payment processors; Paypal, Stripe, and ShopPay. The information is subject to their respective privacy policies. For more information on the privacy policies of our third party payment processors, please visit https://www.paypal.com/us/webapps/mpp/ua/privacy-full and https://www.shopify.com/legal/privacy/app-users and https://stripe.com/en-gb-ca/privacy.
- Yotpo. We use Yotpo to allow you to leave reviews on the Website. They may collect your name, email address, telephone number, IP address, age, sex, occupation, income, location, interests, information related to Web beacons (such as the URL of the page from which the Web beacon comes and the time at which the Web beacon was viewed) and any other information you voluntarily provide (such as comments, reviews, ratings, photos, questions, or videos). For more information, please visit https://www.yotpo.com/privacy-policy .
If you would like more information about our service providers, please contact us using the contact information in the “Contact Us” section below.
Our website is not intended for children under the age of 16 and we do not knowingly collect personal information from children under that age. Children under the age of 16 should not use our website(s) and should not supply us with any personal information. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us using the information “Contact Us” section below.
As part of your purchase of our products or other interactions with us, we may send you email to operate or our website and/or other products we believe may be of interest to you. In addition, we may contact you using other personal information that you have provided to us (such as a physical mailing address) or contact information that you have made publicly available (such as through a social networking service). We provide an opt-out function within all email communications of this nature, or alternatively we will cease to communicate with you for this purpose if you contact us and tell us not to communicate this information to you.
PRIVACY STATEMENT UPDATES
This Policy is current as of the “updated” date which appears at the top of this page. We may modify this privacy statement from time to time. When changes are made to this privacy statement they will become immediately effective when published in a revised privacy statement posted on our website unless otherwise noted. We may also communicate the changes through our services or by other means. By submitting your personal information to us, by accessing or using any of the products or services we offer, by using our website, or by voluntarily interacting with us after we publish or communicate a notice about the changes to this privacy statement, you consent to our collecting, using and disclosing your personal information as set out in the revised privacy statement.
All comments, questions, concerns or complaints regarding your personal information or our privacy practices should be sent to our Privacy Officer as follows:
Attention: Privacy Officer
#200 - 75 West Broadway
Canada V5Y 1P1