Introduction

1.    Your privacy is very important to us. This Privacy Policy describes the Company’s policies and procedures on the collection, retention, use and disclosure of personal information that may be transmitted to the Company when a User visits and/or uses this site and/or the services accessible from the following address : simaudio.com (hereinafter the “Site“).

2.    The term “User” refers to the user visiting, using or registering on the Site.

3.    Personal information refers to any information which relates to a natural person and allows, directly or indirectly, that person to be identified.

COLLECTION AND USE

4.    We collect the information you provide to us, for example, when you use the services offered by the Site; browse the Site; submit a comment or question to our Site by any means of communication; open an account, send us any document containing personal information; apply for or hold a job with the Company; or otherwise communicate with us.

5.    On each of these occasions, you may provide, including but not limited to, the following personal information:

·       your first and last name;

·       your date and place of birth;

·       your contact information such as email address, mailing address, telephone number;

·       your banking and/or credit card information;

·       any information about your use of our Site, including browser cookies, your IP address, preferences and interests;

·       any documents that allow us to verify your identity; and

·       any other personal information you choose to provide.

6.    The Company uses the personal information we collect to operate the Site or to provide the services offered through the Site, diagnose the Site, provide customer support, monitor use of the services, detect, prevent, and fix technical problems, maintain security, customize content, remember information to help you access your account efficiently, analyze aggregate data, and track user content and users as required or useful to comply with the Copyright Act, the Canadian Anti-Spam Legislation, the Quebec Act Respecting the Protection of Personal Information in the Private Sector, the Canadian Personal Information Protection and Electronic Documents Act and other applicable laws (the “Purposes“).

7.    We expressly acknowledge that we will not use your personal information for any purpose other than the Purposes without your consent. Further, we will only collect personal information to the extent necessary for the Purposes described above.

8.    If the User is an individual from the European Economic Area (EEA), the legal basis for our collection and use of the User’s personal information depends on the personal information involved and the context in which we collect such personal information. However, we will only collect Users’ personal information with their consent. The User has the right to withdraw or refuse such consent at any time.

9.    We cannot guarantee that our policy meets all the requirements of the regulations applicable to you. However, we assure you that we strive to develop and implement a policy that respects the broad principles of data protection, all in the perspective of alignment with the various regulations currently in force around the world.

NOTIFICATIONS SENT TO THE USER

10. We may use the email address provided by the User upon creation of his/her user account on the Site to send the User notices relating to the Site (including notices required by applicable law in lieu of communication by postal mail) all in compliance with the rules of the Anti-Spam Legislation. If the User does not wish to receive such messages, the User may always unsubscribe by following the instructions contained in the message. If the User corresponds with us by e-mail, we may retain the content of the e-mails, the User’s e-mail address and the User’s responses.

COOKIES

11. Our cookie policy allows Users to better understand the provisions we implement in relation to navigation on our Site.

12. During each connection to the Site, we use cookies to store or retrieve information from the User’s browser. A cookie is a small piece of information (text file) that a website, when used by the User, asks the User’s browser to store on the User’s device in order to remember information about the User, such as the User’s language, preferences, the computer device the User is using, the User’s IP address, the User’s location                                                                   , the User’s browser type or operating system, the date and time the User accesses the site, and the pages visited. The types of cookies used are generally classified into four categories:

A.    Strictly necessary cookies: These are necessary for the Site to function properly and cannot be disabled.

B.    Performance cookies (example: Google Analytics): These are used to count visits and traffic sources to our Site. If these are disabled, we will not know when the User visited our Site. These cookies are anonymous.

C.   Features cookies: If disabled, these cookies will cause our features to not be optimal or even failing.

D.   Targeting cookies (example: Facebook, LinkedIn): These are used to aggregate information about your activities on our Site and other sites in order to draw a profile of the User’s interests.

13. Once created, cookies generally do not contain any personal information, other than the URL of the Site that created the cookie, the duration of the file’s capabilities and effects, and a random, encrypted, unique code. The Site’s computer server can only read the cookies it has placed on your device; it has no access to any other information on the User’s computer or mobile device. Thus, cookies cannot scan the User’s device and perform searches on it to find your personal information. Due to the limited information contained in a cookie, it generally cannot be used to reveal the User’s identity or personal identifiable information.

14. In summary, cookies are used to facilitate navigation through the pages of the Site, to measure our performance, and to compile statistical data.

15. The User may, at any time, set his/her browser to block cookies. However, the User should be aware that doing so may result in the User not being able to use certain features of the Site or in the Site not functioning properly. Where applicable, the Company declines any responsibility concerning the consequences related to the degradation of the User’s browsing conditions which occur because of the User’s choice to refuse, delete or block the cookies necessary for the functioning of the Site. These consequences shall not constitute damage and the User shall not be entitled to claim any compensation as a result.

16. If the User is an individual from the European Economic Area (EEA), in accordance with the RGPD, no cookies (except for strictly necessary cookies) are stored in the User’s device until he/she has taken an action to accept this privacy and cookie use policy. The User may also set his/her browser to block such cookies or to warn him/her about them.

NAVIGATION EVENT HISTORY

17. Each time the User accesses a web page, information about all events that occur during the User’s browsing is automatically reported by the User’s browser. When the User uses the Site, our servers automatically record certain information that the User’s browser sends whenever the User visits our Site in server logs. These server logs may contain information such as the User’s web request, IP addresses, browser type, referring/exit pages, number of clicks, domain names, destination pages, page views, and other information.

THIRD-PARTY PLATFORMS

18. In order to better understand the use of the Site and to the extent permitted by law, the Company may use Google Analytics, Mixpanel or any other platform that accomplishes this purpose (the “Covered Platforms“). The Covered Platforms may collect information sent by the User’s browser as part of a web page request, including cookies and the User’s IP address. The Covered Platforms also receive this information and their use is governed by their privacy policies.

HOW WE SHARE INFORMATION

A. Users’ Personally Identifiable Information

19. Except as provided herein, we do not sell, rent or disclose to third parties the information we collect and information we collect and maintain. Except where prohibited by any law or regulation: we may share or disclose a User’s personal information with their consent. We cannot control the use of User’s personal information by these third parties.

20. Except where prohibited by any law or regulation and to the extent permitted by any law, we share the information we collect with other parties in the following ways:

·       Experience: the Company may share Users’ personally identifiable information with third parties for the purpose of improving the experience when accessing and/or using the Site. If so, the use of User information by such third parties will be subject to this Privacy Policy.

·       Storage: we may also store User’s personal information in locations outside of the Company’s direct control (for example, on servers or databases hosted by third party hosting providers).

·       Transactions: transactions occur as part of or in the course of negotiating a merger, sale of Company assets, any financing or acquisition, or in any other situation in which personal information may be disclosed or transferred as one of our business assets. However, in no event will these transactions allow your personal information to be used for purposes other than those for which you have given us your consent.

21. Except where prohibited by any law or regulation: the Company may disclose User’s personal information if required by law or subpoena or if we believe it is reasonably necessary to comply with a law, regulation, or legal request; to protect the safety of any person; to address fraud, security, or technical issues; or to protect the rights or property of the Company.

B. Non-personally identifiable information of Users

22. We may share non-personally identifiable information about Users (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand usage patterns on particular platforms.

23. Company may allow third party and servers or ad networks to serve ads on the Site. These third-party ad servers or ad networks use technology to send advertisements and links that appear on the Site directly to your browser. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript or web beacons) to measure the effectiveness of their advertisements and to personalize advertising content. The Company does not provide any personally identifiable information to these third-party ad servers or ad networks without the consent of the individual concerned. However, please note that if an advertiser asks the Company to show an advertisement to a certain audience and you respond to that advertisement, the advertiser’s server may conclude that you fit the description of the audience it is trying to reach. The Company’s privacy policy does not apply in these situations because we cannot control the activities of third-party advertisers. Please see the respective privacy policies of these advertisers for more information.

 HOW WE PROTECT YOUR INFORMATION

24. The Company uses commercially reasonable physical, administrative and technical measures to maintain the integrity and security of User’s personal information. We cannot, however, ensure or warrant the absolute security of User’s personal information that the User transmits to the Company or warrant that personal information contained on the Company’s Site cannot be accessed, disclosed, altered or destroyed by a breach of any of our physical, software, administrative or technical measures.

25. As mentioned, although there is no such thing as zero risk in computing, the Company has taken the necessary measures to ensure the security of Users’ personal information:

–       The Site, the extensions, scripts and other programming codes allowing the various functionalities of the Site are regularly updated in order to correct any possible security breach;

–       The access to the administration of this Site and to the associated services (such as Google Analytics, Google Adsense, email box) is secured by a password;

–       The access to the management interfaces of the personal information of the Users is done through a secure and regularly updated web browser and through devices equipped with security devices (automatic locking, anti-virus software and applications, passwords, etc…);

–       This Site uses an SSL security certificate that ensures the encryption of User data during transmission from the User’s device to the computer server;

–       Tools have been installed on the Site to continuously scan, detect and eradicate potential malicious threats. These threats include malicious code (malware), malicious URLs and hacking attempts.

26. In the event that Users’ personal information is compromised due to a security breach, the Company agrees to report the confidentiality incident to the appropriate supervisory authority when required by law and to promptly notify by email the individuals whose personal information has been compromised. “Confidentiality Incident” means (1) access not authorized by law to personal information; (2) use not authorized by law of personal information; (3) communication not authorized by law of personal information; or (4) loss of personal information or any other breach of the protection of such information.

EMPLOYEES, AGENTS AND CONSULTANTS

27. The Company may employ other companies and/or individuals to perform activities on its behalf. For example, we may appoint third parties to provide the service on our behalf, to perform services related to the service, to help us analyze how our service is used, to develop software applications and/or database functions or to send communications on behalf of the Company. Your personal information may be shared with the above-mentioned individuals in connection with the Company’s business activities. All employees, agents, affiliates of the Company and consultants working for the Company who have access to your personal information are required to protect that information in a manner consistent with this Privacy Policy. Your personal information will only be shared with them to the extent that such sharing is necessary to perform their duties.

DURATION OF RETENTION

28. Unless a longer period is required by law, Users’ personal information is retained by the Company only as long as necessary to fulfill the purposes for which it was collected, and no longer than seven years after the personal information was collected. If we no longer have a legitimate and meaningful interest in continuing to process Users’ personal information, we will delete or anonymize it to the extent permitted by law. Destruction is done in a confidential manner, either: by manual shredding or through a certified secure shredding company, in the case of paper-based information; or by computer deletion, in the case of technology-based information.

29. To learn more about how long we keep personal information, please contact us at the contact information listed in the “How to Contact Us” section.

CONSERVATION SITES AND INTERNATIONAL TRANSFER

30. To the extent permitted by law, your personal information may be transferred to and stored on other servers located outside of your jurisdiction. Before disclosing your personal information outside of Quebec, we will conduct a privacy impact assessment in accordance with applicable law. By accepting this Privacy Policy, you consent to such transfer.

YOUR CHOICES REGARDING YOUR DATA

31. The User may, of course, refuse to submit personally identifiable information through the Site, in which case the Company may not be able to provide access to certain web pages, services or features to you.

WITHDRAWAL OF CONSENT

32. You may withdraw your consent to the retention and/or communication and/or use of your personal information at any time by sending a written request to info@simaudio.com. Upon receipt of notice of revocation of your consent, we will cease to retain and/or communicate and/or use your personal information within a reasonable period of time, which will vary depending on the personal information we have collected and the purposes for which we have collected it. Please note that we will send you an email confirmation upon receipt of your request. Please note that if you choose to withdraw your consent, your experience using the services and browsing the Site may no longer be optimal and you may no longer have access to all of our services and features and the entire Site.

RIGHTS REGARDING YOUR PERSONAL INFORMATION

33. In accordance with applicable privacy laws, you have the following rights with respect to your personal information:

–       Right of access: You may ask whether we hold any personal information about you and, if so, request access to and a copy of that information. Access to your personal information is free of charge. However, a reasonable charge may be required for transcribing, reproducing or transmitting such information. The Company will inform you of the approximate cost before transcribing, reproducing or transmitting your information.

–       Right of rectification: If your personal information is inaccurate, incomplete or equivocal, or if its collection, communication or retention is not in accordance with or authorized by law, you may request that it be rectified.

–       Right to Information: Upon request, we will also inform you of the personal information we have collected from you, the categories of persons who have access to your personal information within the Company, the length of time we retain your personal information and the contact information of the person in charge of the protection of personal information within the Company.

34. If you wish to review, access, rectify or exercise your right to information as described above, please send a written request at the following email address: info@simaudio.com.

35. In accordance with the law, the person in charge of the protection of personal information will respond in writing to the request for access or rectification in a timely manner and no later than 30 days from the date of receipt of the request. Failure to respond within 30 days of receipt of such a request shall be deemed a refusal to grant the request.

36. The above-mentioned person in charge of the protection of personal information will give reasons for any refusal to grant a request for access and rectification and will indicate the provision of the law on which the refusal is based, the remedies available to you under the Quebec Act Respecting the Protection of Personal Information in the Private Sector and the time limit within which you may exercise them. It will also provide you, upon request, with assistance to help you understand the refusal.

THE PRIVACY OF CHILDREN

37. Protecting the privacy of young children is particularly important. The Company does not collect or solicit personal information from persons under the age of 14 and does not knowingly allow such persons to register on the Site. If we become aware that we have collected personal information from a child under the age of 14 without parental consent, we will take steps to delete that personal information.

LINKS TO OTHER WEBSITES

38. We are not responsible for the practices employed by websites linked to or reachable from the Site, nor the information or content found there. Please remember that when the User uses a link to go from the Site to another site, our privacy policy no longer applies. Browsing and interaction on any other website, including those that link to our Site, are subject to that site’s own rules and policies.

CHANGES TO OUR PRIVACY POLICY

39. If we change our privacy policies and procedures, we will notify you in accordance with the law and post those changes on this page to keep you aware about what information we collect, how we use it, and under what circumstances we may disclose it. Changes to this privacy policy will be effective when posted on this page. We will notify you by email and/or by a prominent notice on our Site, before the change becomes effective, and we will update the “last updated” date at the top of this Privacy Policy.

COMPLAINT

40. You may file a complaint about the collection, use, destruction, retention or protection of your personal information to info@simaudio.com. We will respond to your complaint within 7 business days.

HOW DO YOU CONTACT US?

41. If you have any questions, comments or concerns about this Privacy Policy, please contact Thierry Dufour, who is the person in charge of the protection of personal information, at the address below:

SIMAUDIO LTD

Thierry Dufour, Chief Executive Officer of the Company and person in charge of the protection of personal information.

E-mail address: info@simaudio.com

Mailing address: 1345 Rue Newton, Boucherville, Québec J4B 5H2

Telephone: 450.449.2212