Question 1

Overview and Scope

Accepted Answer

Xemoto Media Ltd. (“Xemoto“, “we“, “us” or “our“) recognizes the importance of an individual’s right to privacy and is committed to protecting the personal information that it collects, uses and discloses in managing its business and maintain commercial relationships. This privacy policy (“Privacy Policy“) outlines how Xemoto manages the personal information and safeguards the privacy of the users of its website (“Website“) and other individuals whom we communicate with (whereby such users and the other individuals are, collectively and individually, “you” or “your“).
This Privacy Policy does not apply to personal information about Xemoto employment candidates or Xemoto employees or contracted staff, which is dealt with separately. If you apply to Xemoto for a job, Xemoto will need to consider your personal information as part of its application review process. Xemoto normally retains information from candidates after a decision has been made, unless you ask it not to retain the information. If Xemoto offers you a job, which you accept, the information will be retained in accordance with its privacy procedures for employee records.

Question 2

Privacy Rights and Accountability

Accepted Answer

All Ontario businesses engaged in commercial activities must comply with Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA“). PIPEDA gives you rights concerning the privacy of your personal information. Xemoto is responsible for the personal information it collects, uses and discloses. To ensure this accountability, Xemoto has developed this Privacy Policy and has trained its employees or contracted staff in respect of it.

Question 3

Acceptance of Privacy Policy

Accepted Answer

By submitting your personal information to Xemoto, you signify your consent to the collection, use and disclosure of your personal information in accordance with this Privacy Policy. If you do not consent to the collection, use and disclosure of your personal information in accordance with this Privacy Policy, do not provide your personal information to Xemoto. Of course, certain services that we may provide can only be offered to you if you provide personal information to Xemoto, and therefore Xemoto may not be able to offer you those services if you choose not to provide it with required personal information.

Question 4

Personal Information

Accepted Answer

PIPEDA defines “personal information” broadly as any information about an identifiable individual. Generally speaking, personal information does not include “business contact information” such as the name, job title, business address, or business telephone number of an employee of an organization.

Question 5

Consent

Accepted Answer

Xemoto obtains your consent before it collects, uses, or discloses your personal information. Normally, Xemoto asks for your consent in writing, but in some circumstances, it may accept your oral consent. Sometimes, your consent may be implied through your conduct with Xemoto.
Subject to legal and contractual requirements and reasonable notice, you may refuse or withdraw your consent to certain of the identified purposes at any time by contacting Xemoto’s Privacy Officer (see end of this Privacy Policy for contact information). The period of reasonable notice will vary depending on the nature of the information and its purpose.
If you provide Xemoto or its service providers with personal information of another individual, you represent and warrant that you have all necessary authority and/or have obtained all necessary consents from such person to enable Xemoto to collect, use and disclose such personal information for the purposes set forth in this Privacy Policy.
There may be circumstances where you have provided personal information for an identified purpose, and Xemoto later needs to use that information for a different purpose. In such circumstances, Xemoto will seek your consent to use the information for the new purpose.

Question 6

Why Xemoto Media Collects, Uses and Discloses Your Personal Information

Accepted Answer

Xemoto Media  collects, uses and discloses your personal information for the purposes identified at the time of collection, or as otherwise permitted or required by applicable law, including, as applicable, for the following purposes:
 • to manage its business and maintain commercial relationships with you;
 • to maintain and develop its systems and databases for managing documents and knowledge;
 • as permitted by, and to comply with, applicable legal or regulatory requirements; and
 • to further any other purpose for which it has your consent.

Xemoto Media may also ask for and collect your personal information at certain points throughout the Website. In addition to the information you knowingly provide, Xemoto collects the domain names and IP addresses of its visitors, along with usage statistics (e.g., types of web browsers and operating systems used) and browsing history. This data is used to more efficiently operate Xemoto’s business and administer the Website. As well, Xemoto collects any information you may choose to provide in your communications with it.

Question 7

How Xemoto Media Collects, Uses and Discloses Your Personal Information

Accepted Answer

Xemoto collects your personal information by lawful means and, wherever appropriate, directly from you. Wherever possible, Xemoto limits the amount of personal information it collects, uses or discloses to that necessary and appropriate to more efficiently operate our business.

Question 8

When Xemoto Media Discloses Your Personal Information

Accepted Answer

Xemoto Media discloses your personal information only as described in this Privacy Policy, with your consent, or as otherwise permitted or required by law. Under certain circumstances and consistent with PIPEDA, Xemoto will disclose your personal information, including:
 • if Xemoto engages a third party to provide administrative services to it (like computer back-up services or archival file storage) and the third party is bound by this Privacy Policy;
 • when necessary to comply with court orders, regulatory rules, or to satisfy Xemoto’s insurance requirements; and
 • in connection with a business transaction involving Xemoto.

Please note that there are circumstances where the use and/or disclosure of personal information may be justified or permitted or where Xemoto may or must disclose information without your consent, in accordance with applicable law. For example, Xemoto may disclose your personal information to a government institution that has asserted its lawful authority to obtain the information or where Xemoto has reasonable grounds to believe the information could be useful in the investigation of unlawful activity, or to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with court rules regarding the production of records and information, or to protect Xemoto’s rights and property. Where obliged or permitted to disclose information without consent, Xemoto will not disclose more information than is required for the purpose that obligates or permits it to disclose such information.

Question 9

Disclosure of Your Personal Information to Service Providers

Accepted Answer

When Xemoto may disclose or transfer your personal information to a third party to provide administrative and other services, it uses appropriate measures to ensure that the third party will only use your personal information to perform the services Xemoto has specified. The increasingly global nature of Xemoto’s business sometimes requires it to use administrative service providers who may be located in the United States of America or elsewhere outside of Canada. Accordingly, your personal information may be transferred throughout Canada or outside of Canada and if so, it will be subject to the legal requirements of the applicable foreign jurisdictions, including local requirements to disclose information to courts, law enforcement and national security authorities.
To the extent Xemoto enters into arrangements with service providers, agents and contractors to store, handle or process personal information on its behalf, such as for data processing, document storage software support and office services, Xemoto’s policy will be to require such parties by contractual or other means to provide comparable privacy protection while the information is processed or handled by them.

Question 10

Where Xemoto Media Stores Your Personal Information

Accepted Answer

Your personal information is stored in secured locations and on servers controlled by Xemoto, located either at our offices or at the offices of our service providers. Your personal information may be processed, accessed and/or stored in Canada or another jurisdiction, and will be subject to the laws of that jurisdiction.

Question 11

Security of Your Personal Information

Accepted Answer

Xemoto uses the standard safeguards applicable to its industry to protect the security of personal information in its possession, including physical, organizational and technological measures. These measures include:
 • premises security;
 • restricted access to files that contain personal information;
 • technological safeguards like security software and firewalls to prevent hacking or unauthorized computer access; and
 • internal password and security policies.

However, no method of transmitting or storing information is completely secure. While Xemoto takes appropriate measures to protect your personal information, there is always a risk that it may be lost, intercepted or misused. Xemoto may exchange electronic versions of documents and e-mails with you using commercially available software that may be vulnerable to attack by viruses and other destructive electronic programs. Xemoto cannot guarantee that all communications and documents sent via e-mail will always be received, or that such communications and documents will always be virus free. Xemoto makes no warranty with respect to the integrity of any electronic communications between Xemoto and you or with respect to the security of any such communications and you consent to Xemoto’s exchange of electronic communications, including confidential documents.

Question 12

Accessing Your Personal Information

Accepted Answer

You may ask for access to any personal information Xemoto holds about you. Summary information is available on request.
Subject to certain exceptions prescribed by law, you will be given reasonable access to your personal information and will be entitled to challenge the accuracy and completeness of that information and, to the extent that you have proven such inaccuracy or incompleteness, have it amended as appropriate. Examples of such exceptions include information that is prohibitively costly to provide, information that contains references to other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons, and information that is subject to solicitor-client or litigation privilege.

Question 13

Updating the Accuracy of Your Personal Information

Accepted Answer

You can help Xemoto maintain the accuracy of your personal information by notifying Xemoto of any changes to your personal information. If Xemoto holds information about you and you advise us that it is not accurate, complete and up-to-date, Xemoto will take reasonable steps to correct it.

Question 14

Being Denied Access to Your Personal Information

Accepted Answer

Your rights to access your personal information are not absolute. Xemoto may deny access when:
 • denial of access is required or authorized by law;
 • information relates to existing or anticipated legal proceedings against you;
 • granting you access would have an unreasonable impact on other people’s privacy;
 • protecting Xemoto’s rights and property; and
 • your request is frivolous or vexatious.

If Xemoto denies your request for access to your personal information, or refuses a request to correct information, Xemoto will explain why.

Question 15

Personal Information and Website

Accepted Answer

Cookies
The Website may use “cookies”, a technology that installs information on a Website user’s computer to permit the Website to recognize future visits using that computer. Cookies enhance the convenience and use of the Website. The use of cookie technology is common on the Internet, and many Internet browsers are initially set to accept cookies automatically.
If you would prefer not to accept cookies, you can set your Internet browser to notify you when your computer is receiving a cookie or to refuse cookies automatically. To readjust your Internet browser’s cookie options, please refer to the instruction documentation of your particular browser or seek online assistance.
Like many other websites, the Website may make use of “per session” and “persistent” cookie technology. Per session cookies track information during an open session and are stored only temporarily in your computer’s memory. Persistent cookies are deposited on a visitor’s computer until they expire or until the visitor deletes the cookies. Information from these cookies help Xemoto analyze traffic patterns to the Website, including the total number of visitors, the geographical location of the visitor, and the types of Internet browsers (e.g., Google Chrome or Internet Explorer) and operating systems (e.g., Windows or Macintosh) that the Website’s visitors use. Xemoto uses this information to facilitate and enhance your online visits. Xemoto does not cross-reference this information with any type of personal information that is voluntarily offered through the Website.
Traffic Patterns
On the Website, like most other commercial websites, Xemoto may monitor traffic patterns, site usage and related site information. This is done in order to optimise its web service. Xemoto may provide aggregated information to third parties, but these statistics do not include any personal information.
Google Analytics
The Website may use Google Analytics to collect information, in an anonymous form, about how visitors use the Website, including the number of visitors to the Website and the pages they have visited. Xemoto uses such information to compile reports and to help it improve the Website. By using the Website, you agree to such use of Google Analytics. Should you wish to opt-out of the use of Google Analytics, please click on the following link: https://tools.google.com/dlpage/gaoptout.(https://tools.google.com/dlpage/gaoptout)
Google AdWords
The Website may also use third party vendor re-marketing tracking cookies, including the Google AdWords tracking cookie. This means Xemoto may show ads to you across the Internet, specifically on the Google Display Network. Xemoto does not collect personal information through the use of Google’s or any other third party remarketing system. Rather, the third party vendors will place cookies on web browsers in order to serve ads based on past visits to the Website. This allows Xemoto to continue to market its services to those who have shown interest in Xemoto.
You may opt out of Google’s use of cookies by visiting Google’s Ads Settings.(https://www.google.com/settings/ads) Also, you can opt out of other participating third party vendors’ use of remarketing cookies by visiting the Digital Advertising Alliance of Canada’s AdChoices Program opt-out tool page at: http://youradchoices.ca/choices/.(http://youradchoices.ca/choices/)
Tracking Information
In addition, Xemoto may use non-personal information to create aggregate tracking information reports regarding Website user demographics and Website traffic patterns. None of the tracking information in the reports can be connected to the identities or other personal information of individual users. Xemoto also may link tracking information with Website users’ personal information. Once such a link is made, all of the linked information is treated as personal information and will be used and disclosed only in accordance with this Privacy Policy, and in accordance with the law.
Link to Third Party Websites and Social Media Platforms
The Website may present links to other websites. You should be aware that operators of linked websites may also collect your personal information and information generated through the use of cookies when you link to their websites. Xemoto is not responsible for how such third parties collect, use or disclose your personal information, so it is important to review their privacy policies before providing them with your personal information.
Our Website may contain links and interactive features with various social media platforms. If you already use these platforms, their cookies may be set on your device when using our Website.
Collecting Personal Information of Children
Our Website and marketing activities are not directed to children under the age of 13, and we do not knowingly collect, maintain, or use personal information from children. If we become aware that we have collected the personal information of children, we will promptly take steps to delete such personal information. If you discover your child has provided us personal information without your consent, please contact us.
Data Retention
Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, accounting, or reporting requirements. Under some circumstances we may anonymize your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.
Serious Privacy Breach Notifications
Xemoto will notify you of any breach of the security safeguards involving your personal information under Xemoto’s control if it is reasonable in the circumstances to believe that the breach creates a real risk of significant harm to you (a “Serious Privacy Breach“). This notice will be conspicuous and given to you in the manner prescribed under PIPEDA as soon as feasible after Xemoto determines that such a breach has occurred.
Likewise, Xemoto will report any Serious Privacy Breach to the Office of the Privacy Commissioner of Canada in the manner prescribed under PIPEDA as soon as feasible after Xemoto determines that such a breach has occurred.
Changes to Privacy Policy
Privacy laws are rapidly evolving and, as a result, Xemoto reserves the right to change this Privacy Policy without notice and at any time. The most current version of this Privacy Policy is posted on the Website. Regardless of any changes Xemoto makes to this Privacy Policy, Xemoto will only use your personal information in accordance with the version of the Privacy Policy in place at the time you provided your information, or as otherwise required or permitted by law, unless you have given your express consent for Xemoto to do otherwise.
Requests, Questions and Challenges Under Privacy Policy
You may review any of your personal information that Xemoto has on file in its offices by contacting us in writing by email or by mail to:
Xemoto Media Ltd.77 King Street WestToronto, ON M5K 1H1
Attention: Kelly Termeer
Email: k.termeer@xemotomedia.com (mailto:k.termeer@xemotomedia.com)

If you are not satisfied with Xemoto’s response, the Privacy Commissioner of Canada can be reached at:
112 Kent StreetPlace du Ville Tower, 3rd FloorOttawa, Ontario K1A 1H31.800.282.1376
Effective Date
This Privacy Policy was last updated and is effective as of February 2022.
© 2021 Xemoto Media Ltd. All rights reserved. Reproduction in whole or in part without permission is prohibited.

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