AUDIOKINETIC – Website Privacy Policy

Last Updated June 18, 2020.


Audiokinetic Inc. (“Audiokinetic”) respects your privacy and is committed to protecting your personal information. This privacy policy (“Privacy Policy”) will inform you as to how we look after your personal information when you register and use our online portal, when you visit our Website at www.audiokinetic.com (the “Website”), regardless of where you visit or use from, and when you purchase and use our products and services. This privacy policy tells you about your privacy rights and how the law protects you.

By submitting personal information to Audiokinetic or its service providers and agents (collectively referred to as Audiokinetic, “we”, “us” or “our” in this Privacy Policy), you agree that we may collect, use and disclose such personal information in accordance with this Privacy Policy and as permitted or required by law. Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the identified purposes at any time by contacting our privacy manager. If you refuse or withdraw your consent, we may not be able to provide you or continue to provide you with certain services or information which may be of value to you.

PLEASE REVIEW THIS PRIVACY POLICY BEFORE USING THIS SITE OR CREATING ANY USER ACCOUNT IN CONNECTION THEREWITH. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, DO NOT USE THE SITE NOR CREATE ANY USER ACCOUNT. THIS PRIVACY POLICY GOVERNS THE USE OF THIS SITE AND APPLIES TO ANY PERSONAL INFORMATION YOU MAY SUBMIT TO THIS SITE. BY SUBMITTING ANY PERSONAL INFORMATION TO THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY.

Your use of our Website, our online portal, and our products and services, and the terms of this Privacy Policy are also subject to the Terms of Use. Please review those Terms of Use for additional detail regarding your use.

This Privacy Policy is provided in a layered format so you can click through to the specific areas set out below.

  1. WHO WE ARE
  2. WHAT PERSONAL INFORMATION DO WE COLLECT ABOUT YOU?
  3. HOW IS YOUR PERSONAL INFORMATION COLLECTED?
  4. WHY DO WE COLLECT AND USE YOUR PERSONAL INFORMATION?
  5. TO WHOM DO WE DISCLOSE YOUR PERSONAL INFORMATION?
  6. INTERNATIONAL TRANSFERS
  7. HOW DO WE PROTECT THE CONFIDENTIALITY AND SECURITY OF YOUR PERSONAL INFORMATION?
  8. HOW LONG WILL WE RETAIN YOUR PERSONAL INFORMATION?
  9. YOUR LEGAL RIGHTS
  10. CONTACTING US

1. WHO WE ARE

Audiokinetic is a company based in Canada. We offer cross-platform audio solutions for the interactive media, the gaming and the automotive industries.

Audiokinetic collects and processes personal information through the following areas of operations:

  • Our Website for general public offers a platform for the public to discover our products and services and to interact as a part of our online community. Audiokinetic collects and processes the visitors’ information when visitors sign up for newsletter, contact Audiokinetic or participate in the online community.
  • Our online portal for registered users provides a platform accessible through our Website for our registered users and customers. Audiokinetic collects and processes the users’ personal information including contact information and billing information submitted through the online portal. Under certain circumstances, through our online portal, the registered users may choose to share their personal information with other users and our corporate partners.
  • Our products and services for academic partners are designed to promote and enable academic partners and students to learn to use our products. We collect and process personal information of our academic users. With our users’ consent, we may share their personal information with our corporate partners for referral and recruitment purposes.

We use third party software and services to help us with client relationship management. We have terms in place with each of our third party service provides to ensure transparency and security of your personal information.

2. WHAT PERSONAL INFORMATION DO WE COLLECT ABOUT YOU?

Personal information means any information about an individual from which that person can be identified. It does not include personal information where all references to the identity of the relevant individual have been removed (anonymous personal information).

We may collect, use, store and transfer different kinds of personal information about you which we have grouped together as follows:

  • Identity personal information includes:
    • username or similar identifier
    • first name, last name, title, company you work for, and in the case of individuals representing companies using our products and services, your job title, role and/or level of experience
  • Contact personal information includes address, email address and telephone numbers.
  • Transaction personal information includes details about payments from you for purchase of products and services.
  • Technical personal information includes internet protocol (IP) address, your login personal information, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
  • Profile personal information includes your username and password, your projects, your school, if applicable, and other information that you choose to add to your profile.
  • Usage personal information includes information about how you use our Website and our services.
  • Marketing and communications personal information includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share aggregated personal information such as statistical or demographic information for any purpose. aggregated personal information could be derived from your personal information but is not considered personal information in law as this information will not directly or indirectly reveal your identity. For example, we may aggregate your usage personal information to calculate the percentage of users accessing a specific Website or online portal feature. However, if we combine or connect Aggregated Personal information with your personal information so that it can directly or indirectly identify you, we treat the combined information as personal information which will be used in accordance with this Privacy Policy.

We do not collect any special categories of personal information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric information). Nor do we collect any information about criminal convictions and offences.

If you provide Audiokinetic with personal information of another individual, you represent that you have obtained all necessary consents from such person to enable us to collect, use and disclose such personal information for the purposes set forth in this Privacy Policy.

Our Website and online portal are not intended for children under the age of 18 and we do not knowingly collect personal information relating to children. No portion of the Website or online portal is directed at children nor are children encouraged to use the Website or the online portal. Audiokinetic does not knowingly solicit any personal information about children.

3. HOW IS YOUR PERSONAL INFORMATION COLLECTED?

We use different methods to collect personal information from and about you including through:

  1. Direct interactions.

    You may give us your identity, contact, transaction and financial personal information by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal information you provide when you:

    1. Sign-up for an account and update your account;
    2. Subscribe to our communication;
    3. Join our online community or our directory;
    4. Contact us or provide feedback;
    5. Request marketing to be sent to you; or
    6. Ask us for technical support or customer services.

    To access certain portions of the Website, the online portal or to purchase items on the online portal, you may be required to create a user account by submitting some personal information, such as your name, work phone, mailing and email addresses, and credit card and payment information. The creation of a user account may also allow you to post information on the Website or on the online portal, obtain support for the Audiokinetic products, obtain additional information about Audiokinetic and have access to downloadable material. The creation and use of a user account is governed by the terms of Audiokinetic’s User Account Policy which also incorporates the terms of this Privacy Policy. In submitting personal information, you are prohibited from impersonating any individual. A member account or profile must be opened using real names and other requested information.

    Certain portions of the Website or online portal may be designed to offer you the opportunity to post information on the Website or online portal, including but not limited to information about yourself (“Posted Information”). For example, you may be permitted to post messages in chat rooms, message boards, Q&A, the Website’s Wiki and/or news groups our Website or online portal might make available to its users. Please remember that any Posted Information becomes public information and you should exercise caution when deciding to disclose your personal information. If you decide to post any information, that Posted Information is no longer in Audiokinetic’s control. Please see the Terms of Use, including but not limited to Section 2: Posted Information, for additional terms applicable to Posted Information.
  2. Automated technologies or interactions.

    As you interact with our Website or online portal, we will automatically collect technical personal information about your equipment, browsing actions and patterns. We collect this personal information by using cookies, pixels, server logs and other similar technologies. We may also receive technical personal information about you if you visit other websites employing our cookies.

    Generally speaking, you may visit the Website or online portal while remaining anonymous and not reveal any personal information. Audiokinetic uses your IP address to help diagnose problems with the Website servers, to administer the Website or online portal, to monitor Website and online portal usage, and to gather broad geographic information. Your IP address is used to help identify you and to aid in your navigation through the Website and online portal as determined by your customization options, if any. Audiokinetic also may aggregate your IP address with other information to create anonymous Website and online portal statistics.

    Our Website and online portal also use “cookies” to provide customization options at login, or to keep track of where you are in the Website or online portal in order to provide the correct customization options when you use the Website or online portal. Audiokinetic also uses cookies to allow you to use features or services that you decide to select, or to keep track of usage services or links provided on the Website or online portal. Audiokinetic does not, however, use cookies to collect personally identifiable information about you.

    You may set your browser to decline cookies. Although in most cases you may refuse cookies and still fully navigate our Website and online portal, access or use of certain parts of the online portal will not be possible without the use of cookies.

  3. Third parties or publicly available sources.

    We will receive personal information about you from various third parties as set out below:

    1. Technical personal information from:

      1. analytics providers such as Google Analytics;
      2. customer relationship management platforms such as Cerb and Hubspot;
    2. Contact, financial and transaction personal information from providers of payment processing services such as Moneris.

4. WHY DO WE COLLECT AND USE YOUR PERSONAL INFORMATION?

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

  • Where you consent to such collection and use, such as by consenting to this Privacy Policy
  • Where needed to perform the service you are requesting.
  • Where we need to comply with a legal obligation.

Note that we may process your Personal information for more than one lawful basis depending on the specific purpose for which we are using your personal information. Please contact us if you need details about the specific legal ground we are relying on to process your Personal information.

  1. Purposes for which we will use your personal information

    Audiokinetic may use personal information you submit through the Website or online portal to provide the services and information you select, to better understand its customers, to provide better products and services, to facilitate transactions and process orders and payments for items purchased by you (including to remind you of un-purchased items left in your online shopping cart, to contact you regarding billing and payment discrepancies, and to validate receipts), to assist Audiokinetic with administration, such as with troubleshooting any problems, detecting fraud, resolving disputes, and for any purposes deemed necessary or required by Audiokinetic to enforce the Terms of Use and other terms or conditions applicable to any portion of the Website or online portal, including to evaluate our products and services.

    If you so request, Audiokinetic may use this information to send you information about Audiokinetic, or other topics Audiokinetic thinks may be of interest to you, such as product information or updates. If you so request, Audiokinetic may also use this information to connect you with our corporate partners for recruitment and business referral purposes.

    If you decline to receive information or cancel any account or profile, Audiokinetic will retain your personal information only as long as necessary for the fulfillment of the purposes for which it was initially collected as described herein, unless it is required or authorized by law to retain the information for a longer period, including without limitation where necessary for the resolution of any open issues that may exist after you have declined to receive information or cancelled your account or profile relating to your use of any portion of the Website, the online portal, your account, or about any issues relating to the Terms of Use, this Privacy Policy, or any other policy then in-effect.

    Audiokinetic does aggregate all information provided by you to create anonymous statistical and demographic data. This anonymous data helps Audiokinetic to understand and know its customer base better. That anonymous data may be provided to third parties but never in such a fashion as to identify you personally.

  2. Cookies

    You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.

  3. Change of Purpose

    We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

    If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

    Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. TO WHOM DO WE DISCLOSE YOUR PERSONAL INFORMATION?

Other than as provided below, Audiokinetic does not disclose or sell to third parties information you have submitted to our Website or online portal that identifies you personally.

We require all third parties to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information for specified purposes and in accordance with our instructions.

  1. Third Party Services

    On occasion, Audiokinetic may offer in conjunction with third parties certain services, which may require you to share your personal information with that third party as a condition for providing that service such as HubSpot and Cerb. While Audiokinetic will treat any information it receives in accordance with this Privacy Policy, Audiokinetic will not be responsible for the information submitted by you to that third party, and Audiokinetic reminds you to review the applicable rules and any third party’s applicable privacy policies separately before participating in such service.

    Audiokinetic uses the services of a trusted third party services provider such as Moneris to process any purchases made through the online portal. By placing an order for any goods or services on the online portal, you will be requested to provide the necessary payment information and agree that such information will be transmitted directly to the third party services provider to process payment. Audiokinetic will not collect or store any such payment information.

  2. Corporate Partners

    If you so request, Audiokinetic may share your personal information such as your contact information and project experience with our select corporate partners for recruitment and business referral purposes. After you created a user profile on our online portal, you may be asked if you wish to share your information with our corporate partners.

  3. Law Enforcement

    To the extent permitted by applicable privacy legislation, Audiokinetic may provide information you submit to this Website and online portal to law enforcement authorities. As noted in the Terms of Use, Audiokinetic intends to cooperate with any order or request from law enforcement officials or a court of competent jurisdiction for information as to the identity of individuals submitting or posting information to Audiokinetic, on this Website and online portal.

  4. Posted Information

    Audiokinetic may use personal information that is contained in Posted Information to contact you in the event that an issue or dispute arises about any Posted Information. Please see the Terms of Use, including but not limited to Section 2: Posted Information, for additional terms applicable to Posted Information.

6. INTERNATIONAL TRANSFERS

By providing us with Personal information, you acknowledge and agree that your Personal information may be processed and stored in other countries, including in our servers located in the United States and other jurisdictions, where laws regarding processing of Personal information may be less stringent than the laws in your country. Where necessary to make such transfers, we will comply with our legal and regulatory obligations in relation to the Personal information. This will include putting appropriate contractual safeguards in place to ensure an adequate level of protection for the Personal information. Please contact us if you want further information on the specific mechanism used by us when transferring your Personal information out of Canada.

7. HOW DO WE PROTECT THE CONFIDENTIALITY AND SECURITY OF YOUR PERSONAL INFORMATION?

We are committed to keeping the personal information provided to us secure and we will take reasonable precautions to protect personal information from loss, misuse or alteration.

  1. Security Measures

    We have implemented information security policies, rules and technical measures that are intended to protect the personal information that we have under our control from:

    • unauthorised access;
    • improper use or disclosure;
    • unauthorised modification; and
    • unlawful destruction or accidental loss.

    All of our employees, workers and personal information processors (i.e. those who process your personal information on our behalf, for the purposes listed above), who have access to, and are associated with, the processing of personal information, are obliged to respect the confidentiality of the personal information of all visitors to the Website. Users of the online portal and users of our products and services.

    This Website and online portal has security measures in place to protect against the loss, misuse and alteration of the information under Audiokinetic’s control. Audiokinetic uses standard internet connections for the Website and online portal with secured sockets.

    We have put in place procedures to deal with any suspected personal information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

  2. Website and Online Portal Registration

    In some cases, you may be prompted to create your user account to undertake a particular Website or online portal activity or obtain a particular service. As part of that account creation process, you may be asked to choose your own password. Audiokinetic reminds you to protect your password, and not provide it to others to use. Allowing others to access and use your account and password can compromise the security of your personal information. Audiokinetic disclaims any responsibility or obligation for your decision to provide your password to others. Access by means of such password will at all times be deemed made by you, and you will be responsible for any such access.

    You will at all times be responsible for the security and confidentiality of your password and will be liable for any damages caused by any unauthorized use, disclosure or loss of such password. You will be responsible for any access to your account and damages arising therefrom prior to reception of such notification by Audiokinetic.

    The creation and use of a user account is also subject to the terms of the User Account Policy.

8. HOW LONG WILL WE RETAIN YOUR PERSONAL INFORMATION?

We will only retain your Personal information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your Personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

In some circumstances you can ask us to delete your personal information: see your legal rights Section for further information.

In some circumstances we will anonymise your Personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

9. YOUR LEGAL RIGHTS

Our privacy policy has been drafted to help ensure compliance with applicable Canadian law. However, we have noted that some of our visitors and individual users are from outside of Canada, including from the European Economic Area (“EEA”). For the benefit of such users, we also endeavor to provide adequate protection for the personal data of EU data subjects in accordance with applicable EU data protection laws and regulations, including the EU GDPR. Subject to certain exemptions, you have the following rights in relation to the Personal information we hold about you:

  1. Your right of access

    If you ask us, we will confirm whether we’re processing your Personal information and, subject to any applicable exemptions, provide you with a copy of that Personal information within the timescales provided for by law. We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. If you require additional copies, we may need to charge a reasonable fee.

  2. Your right to rectification

    If the Personal information we hold about you is inaccurate or incomplete, you’re entitled to have it rectified. If you are entitled to rectification and if we’ve shared your Personal information with others, we’ll let them know about the rectification where possible and where this would not involve disproportionate effort. If you ask us, where possible and lawful to do so, we’ll also tell you who we’ve shared your Personal information with so that you can contact them directly. You may find further information on how to change, update or delete your information in the section on “Your right to erasure.”

  3. Your right to erasure

    You can ask us to delete or remove your Personal information in some circumstances such as where we no longer need it or if you withdraw your consent (where applicable because that was the legal basis on which we were processing your Personal information). If you are entitled to erasure and if we’ve shared your Personal information with others, we’ll take reasonable steps to inform those others where possible and where this would not involve disproportionate effort. If you ask us, where it is possible and lawful for us to do so, we’ll also tell you who we’ve shared your Personal information with so that you can contact them directly.

    Our Website or online portal gives users the following options for changing, updating or deleting information previously provided to Audiokinetic:

    • The online portal may permit a user to change, update or delete information previously provided to Audiokinetic.
    • A particular service may have an “Administration” section that allows you to change or modify information you previously provided for that service.
    • You can contact us for assistance in changing, updating or deleting personal information previously provided to Audiokinetic.

    If you wish to no longer receive future communications from Audiokinetic, you may do so through any of the methods described below. Please note that it may take us a reasonable amount of time to process your request.

    • The online portal permits you to change a previous selection and decline to receive further communications.
    • A particular service may have an Administration section that allows you to change any previous selections for that service.
    • You can contact us for assistance in changing your prior selections.
  4. Your right to restrict processing

    You can ask us to “block” or suppress the processing of your Personal information in certain circumstances such as where you contest the accuracy of that Personal information or you object to us. If you are entitled to restriction and if we’ve shared your Personal information with others, we’ll let them know about the restriction where it is possible for us to do so. If you ask us, where it is possible and lawful for us to do so, we’ll also tell you who we’ve shared your Personal information with so that you can contact them directly.

  5. Your right to personal information portability

    You have the right, in certain circumstances, to obtain Personal information you’ve provided us with (in a structured, commonly used and machine readable format) and to reuse it elsewhere or to ask us to transfer this to a third party of your choice.

  6. Your right to object

    You can ask us to stop processing your Personal information, and we will do so, if we are:

    • relying on our own or someone else’s legitimate interests to process your Personal information, except if we can demonstrate compelling legal grounds for the processing; or
    • processing your Personal information for direct marketing.
  7. Your rights in relation to automated decision-making and profiling

    You have the right not to be subject to a decision when it’s based on automatic processing, including profiling, if it produces a legal effect or similarly significantly affects you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us.

  8. Your right to withdraw consent

    If we rely on your consent (or explicit consent) as our legal basis for processing your Personal information, you have the right to withdraw that consent at any time. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

  9. Your right to lodge a complaint with the supervisory authority

    If you have a concern about any aspect of Audiokinetic’s privacy practices, including the way we’ve handled your Personal information, you can report it to the relevant supervisory authority.

10. CONTACTING US

For the benefit of EU data subjects, Audiokinetic is the “data controller” and is responsible for your personal information.

We have appointed a privacy manager who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact our privacy manager using the details set out below.

If you have any questions about this Privacy Policy or our privacy practices, please contact our privacy manager in the following ways:

Audiokinetic Inc. (Attn. Chief Privacy Officer)
215 Saint-Jacques St.
Suite 1000
Montreal, Quebec
H2Y 1M6
Canada

You may also consult other methods of contacting us, including an online contact form.

You have the right to make a complaint at any time to the relevant supervisory authority for personal information protection issues. In Canada, you can contact the Office of the Privacy Commissioner of Canada (“OPC”), see: https://www.priv.gc.ca/en/contact-the-opc/ or the relevant provincial privacy commissioner for your province of residence. EU data subjects can contact their relevant data protection supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority so please contact us in the first instance.

11. Links to Other Websites and Advertising

This Website contains links to other sites not operated by Audiokinetic. Audiokinetic is not responsible for the privacy practices or the content of those web sites. Please be sure to review the privacy policies of those sites.

This Website may display advertisements and/or links to third party sites. These advertisements or links may contain cookies placed by those third parties. Audiokinetic is not responsible for those advertisements, the web sites to which they are linked, or how any other linked sites, may use their own cookies or information. For example, cookies received with banner ads may be collected by the company posting the ad on our Website. Again, please refer to that company’s privacy policy for further information.

12. Surveys and Contests/Sweepstakes

From time to time Audiokinetic may make online surveys available to users of the Website or online portal. Participation in those surveys is voluntary. Some online surveys may ask participants for personal information, such as an email address, in addition to requesting answers to survey questions. Audiokinetic may make the results of any survey publicly available, although Audiokinetic will not attribute any particular response to you without your permission.

On occasion Audiokinetic may make available to users of the Website or online portal, contests, sweepstakes, or similar events in which they may qualify for participation. Participation is always voluntary and subject to the applicable rules. The rules may ask participants to provide personal information as a condition of participation. Audiokinetic may use that personal information to contact the participant if necessary, or as otherwise described above. Audiokinetic may also make the winner’s names public, as provided in the applicable rules, or as required by applicable law. Audiokinetic may also use such information as described above. In some instances, the applicable rules may contain additional or different uses for the personal information you provide; please be sure to review those rules carefully before entering.

13. Changes to this Policy

If and when Audiokinetic makes changes to this Website or online portal, Audiokinetic may have to update this Privacy Policy to better reflect those changes. But no update to this Privacy Policy will, in itself, alter the choice you already made about how Audiokinetic can use your personal information without your consent (except where legally permitted). Because changes to this Website or online portal or updates to this Privacy Policy may occur, you should review this Privacy Policy from time to time. Remember, your decision to continue using this Website or online portal after this Privacy Policy is updated will signify that you have agreed to any new Privacy Policy terms.

14. Language

You and Audiokinetic have each expressly requested and required that this Privacy Policy be drawn up in the English language. Vous et Audiokinetic convenez et exigez expressément que cette Politique de protection de la vie privée et tous les documents qui s'y rapportent soient rédigés en anglais.

 

Last Updated June 18, 2020.