IMImobile Canada Inc. Privacy Policy

IMImobile Canada Inc. (“IMImobile Canada”, “Impact Mobile”, “we”, “us” or “our”) is committed to protecting the privacy of our customers, and visitors to our website. Your privacy is important to us. The purpose of this Privacy Policy is to inform you about the information we may gather about you, how we may use that information, whether we disclose it to anyone, and the choices you have regarding our use of the information we collect.

We only use the information we collect about you to process orders, deliver services or information requested by you, and to provide support and upgrades for our products and services.

By using this site (www.impactmobile.com, hereafter “Site”) and any other related websites (*.impactmobile.com, *.jumptxt.com, *.cantxtregistry.com, *.4u2entr.com, hereafter “Sites”), products, services, or otherwise by interacting with us, you consent to this privacy policy. Please do not engage in any of these activities if you do not agree with the terms of this privacy policy.

We have appointed a Data Protection Officer (DPO) who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions or you would like to make a request to exercise any of your legal rights please use the contact information provided in Section XIII.

I. Information Collected by IMImobile Canada.

In general, IMImobile Canada will collect information from you based upon our business relationship and your use of the site and our services as set forth below. When you communicate with us via our website, email or through associated products or services you may provide personal information to us. Depending upon the form of your communication, this information may include (but isn’t limited to) the following:

  • Standard contact details: your name, company, work address, email, fax and contact phone numbers
  • Your role in the business you work in, including seniority and decision making rights
  • The name and contact details of any assistant or colleague that you delegate work through
  • Your interest in receiving marketing, product and service, and/or technical notifications
  • Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, any login and authentication information provided by you in order to use our products or services

II. Use of Information.

IMImobile Canada collects and uses your personal information to give you high quality customer service, to provide you with convenient access to our products and services, and to make you aware of the latest offerings from IMImobile Canada. We only use your information for the purposes for which it is gathered and we take reasonable precautions to maintain the integrity of such information.

We may use your personal information to confirm or respond to your request for information. We may also need your personal information to enable us to provide a service you have requested. Examples of how we may use your information include:

  1. Service & Order Fulfillment. Process the products and services you’ve bought from us, and keep you updated with your order progress
  2. Billing. Process and bill you for products or services
  3. Service-related Announcements.We will send you service-related announcements when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. You can opt out of these alerts by contacting your IMImobile Canada account manager.
  4. Customer Service.We may also communicate with you in response to your customer service inquiries, to provide the services you request, and to manage your account. Such communications may require use of personally identifiable information you have provided to us.
  5. Mobile User Information.As part of our services, we sometimes receive personal information from wireless carriers and operators in order to provide services involving mobile messaging campaigns and data services requested by individual users. All such personal information is acquired from either the wireless carrier or from the user’s mobile device via the wireless carrier’s network. This personal data is usually limited to the user’s cell phone number, but depending upon the type of campaign, additional personal information may be acquired. The user must explicitly “opt in” through the wireless carrier in order for any of this information to be collected and its use is governed by this Privacy Policy and any policies or procedures of the user’s wireless carrier. We only use personal information we receive as part of our services for the purpose of providing those services to the wireless carriers and their subscribers.
  6. Partner Services.For services involving a messaging aggregator, content provider, or other partner, we may also need to provide personal information to that partner. The privacy policy of such partners will apply to its use of your information. Typically the privacy policy of such partners would be disclosed in the Terms and Conditions of their services which would be available to you when you sign up for their services. We are not responsible for the partner’s privacy policy, nor its enforcement. We will not provide your personal information to any other third parties without your express permission.
  7. Crime and Fraud Prevention. We may use your personal information to prevent and detect fraud or other crimes, recover debts or trace those who owe us money.
  8. Aggregated Reporting & Research. We may consolidate data to anonymous statistics and provide aggregated data reports to third parties to analyze traffic trends, complete statistical analysis including how customers use our products and services on a anonymous basis. Such reports do not contain any information which may identify you as a user.
  9. Cookies.Cookies are files that web browsers place on a computer’s hard drive and are used to tell us whether customers and visitors have visited the Site previously, as well as allow us to gather information such as browser type and operating system, track the number of visitors to the website, and understand how visitors use the website. Personally identifying information cannot be collected via cookies and other tracking technology. Cookies fall into several different categories:
    1. Required Cookies – Cookies that are required for the service to be operational, such as an authenticated session cookie which controls your access to a web-based application (e.g. JSESSIONID). Deleting or disabling these cookies will prevent access to the web-based application.
    2. Functional Cookies– Cookies use to customize your application session, i.e. customize the appearance and theme of a web-based application (i.e. uistate*, wordpress*, quform*), indicate session preference for load management (FGTServer) and other non-essential personalization (authentication “Remember me”, e.g. org.impact.*, org.jboss.*). Deleting or disabling these cookies may cause some functionality to be unavailable.
    3. Performance Cookies – Cookies that are used to collect information on how visitors use a website, such as what pages are visited or what errors are encountered. These cookies do not collect information to identify visitors or provide personal information. Examples of these cookies include Google Analytics (e.g. _ga, gid, _ utm*), LinkedIn and other analytics providers. These cookies may be safely deleted or disabled.

III. Disclosure of Information

  1. General.As a matter of policy, we do not sell or rent any of your personal information to third parties for any advertising or marketing purposes. However, we reserve the right to disclose your personally identifiable information as required by law, and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process.
  2. Disclosure of Information to IMImobile Canada Foreign Affiliates.Because IMImobile Canada is a member of a global company, we may share your information with other companies that are part of the IMImobile group, IMImobile Canada affiliates and business units in other parts of the world in order to provide you with our services. Your personally identifiable information may be transferred by us from your home country to IMImobile employees in IMImobile offices around the world, who may communicate with you regarding your inquiry. Please understand that we limit access to your personally identifiable information to only those IMImobile employees who we believe need access in order to provide services to you or to otherwise do their jobs.
  3. Suppliers. IMImobile Canada may share your data with suppliers and companies who are engaged to perform services on behalf of IMImobile Canada for the purposes of delivering the products and services you’ve ordered or used. Such disclosure will be limited to the data required to fullfil those services under strict guidelines governed by IMImobile Canada.

(i) Compliance with Laws. Notwithstanding Section III(1) above, we may disclose Personal Data to governmental authorities when required or reasonably requested to do so by such governmental authorities. This Privacy Policy does not apply to the extent that it is in conflict with any laws.

IV. GDPR, PIPEDA.

IMImobile Canada processes, on behalf of its clients (“Clients”), Personal Data that has been collected by or on behalf of those Clients. “Personal Data” means information relating to an identified or identifiable person. IMImobile Canada acts as a Data Processor and each Client acts as a Data Controller. For the purposes of this Privacy Statement: a “Data Processor” is an entity that processes Personal Data on behalf of a Data Controller; a “Data Controller” is an entity that determines the purposes for which Personal Data are processed. To “process” Personal Data means to carry out an operation or set of operations on such Personal Data, such as collecting, recording, storing, disclosing, or organizing it. The “Data Subject” means the person to whom a certain set of Personal Data relate; for example, the person who responds to a survey or submits a text message.

V. Your Data Rights. 

We endeavour to process all personal data in line with rights provided under PIPEDA and EU GDPR. In particular, you have the following rights:

  1. Where we are relying on your consent to process your personal data, you can withdraw your consent to our processing your personal data at any time. You can do this at any time by changing your “preferences” when you log in to your account or by contacting us at service@impactmobile.com. In certain circumstances, we can process your personal data without your consent in line with the lawful processing requirements in GDPR. These include (amongst other reasons) where processing is necessary to carry out a contractual obligation between us, to comply with a legal obligation, or to protect your vital interests.
  2. Ask us to rectify inaccurate or incomplete personal data. We would seek to rectify the data as soon as possible and usually within one month unless the request is complex.
  3. Ask us to erase your personal data. This is commonly referred to as the right to be forgotten. This right is only applicable where there is no compelling reason for the continued processing of your personal data. There are some circumstances where this right to erasure does not apply and in such cases we would notify you of the reason(s) why we need to retain your personal data (unless prevented to do so by law).
  4. Restrict processing of your personal datawhere, for example, the data is inaccurate, being processed unlawfully or where the data is no longer relevant to the specific purpose for processing. In such cases, we would retain the data but we would not process it further without your consent, or if processing your data is for establishing, exercising or defending a legal claim, or for the protection of rights of other individuals, or for public interest reasons. In such circumstances, we would let you know that we intend to lift the restriction on processing your personal data.
  5. Request access to your personal data. Your request should be made to us in writing by email to dsr@imimobile.comand we may ask you for proof of your identity before providing you with the data. There is usually no fee for making such a request however, in limited circumstances and where permitted, we may charge an administrative fee (which will be based on the administrative cost of providing the information).
  6. You have the right to ask us not to process your personal data for marketing purposes(including profiling). We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at service@impactmobile.com
  7. Obtain and reuse your personal data for your own purposesacross different services (right to data portability). This right is only applicable to data that you have provided to us, where we are processing the data based on your consent or for the performance of a contract and when the processing is carried out by automated means. Where this right applies, the data will be provided to you in a structured, commonly used and machine-readable format.

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

VI. This Site is not for use by children.

Protecting the privacy of children is important to IMImobile Canada. For that reason, our products and services are structured specifically so as not to attract anyone under 13, nor do we collect or maintain personally identifiable information from those who IMImobile Canada knows are under age 13. If IMImobile Canada learns or is notified that it has collected information from users under the age of 13, IMImobile Canada will immediately delete such personally identifiable information.

VII. Opt-Out.

For any SMS-based programs offered directly or indirectly by IMImobile Canada, you may opt out by replying “STOP” to one of the program messages received. If you are receiving service or marketing alerts via email, you may opt out of the distribution list by contacting your IMImobile Canada account manager or by sending your request to optout@impactmobile.com.

VIII. Security.

We take appropriate technical and organizational measures to guard against unauthorized or unlawful processing of your personal data and against accidental loss or destruction of, or damage to, your personal data. IMImobile Canada uses industry-standard security measures to protect the integrity and confidentiality of any Personal Data it owns or processes on behalf of Clients, including, in appropriate circumstances, the use of firewalls, restricted access, and encrypted transmissions. IMImobile Canada limits access to Personal Data to those persons in IMImobile Canada’s organization who have a business need to process such Personal Data. However, no company, including IMImobile Canada, can fully eliminate the security risks associated with such Personal Data. Due to factors beyond IMImobile Canada’s control, IMImobile Canada cannot ensure that Personal Data will not be disclosed to third parties. For example, IMImobile Canada may become legally obligated to disclose such data, or, despite precautions, third parties may circumvent security measures to intercept or access such data. Furthermore, no data transmission over the internet or wireless networks can be guaranteed to be totally secure and therefore we cannot ensure or warrant the security of information you send to us or through our mobile messaging platform. You send information via this site and/or our messaging platform at your own risk.

IX. Disclaimer.

We cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. IMImobile Canada does not review, comment upon, or monitor its Clients’ compliance with their respective privacy policies, nor does IMImobile Canada review Client instructions to determine whether they are in compliance or conflict with the terms of a Client’s published privacy policy.

X. Links to Other Sites.

Please be advised this Privacy Policy does not apply to the practices of companies that IMImobile Canada does not own or control or to people that IMImobile Canada does not employ or manage. This includes other websites accessed via links on the Site as well as any companies from whom you may have ordered services or products that are transmitted over IMImobile Canada’s mobile transaction network, and any companies from whom you may be purchasing telecommunications services. IMImobile Canada recommends that you be aware when you leave the Site and read the terms of use and privacy policies of any site that collects personally identifiable information.

XI. Changes to this Privacy Policy.

We reserve the right to modify this Privacy Policy at any time, so please review it regularly. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the Site and other places we deem appropriate. All such changes shall be binding on you 30 days after they are initially posted on the Site unless you are a new user, in which case they are binding on you immediately.

XII. Acquisitions.

If another company acquires IMImobile Canada or its assets, that company will (a) process that Personal Data held by IMImobile Canada, and (b) assume the rights and obligations regarding such Personal Data described in this Privacy Policy.

XIII. Contact Information.

IMImobile Canada commits to the resolution of complaints about your privacy and our collection or use of your personal information. IMImobile Canada takes its users’ privacy concerns seriously, and if you believe that IMImobile Canada has not complied with this Privacy Policy in regards to your personal information, you may write to IMImobile Canada at the following address:

Data Protection Office:
IMImobile Canada, Inc.
60 Adelaide Street East, Suite 400
Toronto, Ontario M5C 3E4
Canada

Email: dpo@imimobile.com

In your letter, please describe in as much detail as possible the ways in which you believe that we have not complied with this Privacy Policy. We will investigate and verify your complaint in a timely manner.

Effective February, 2019