Last updated on July 1, 2014
- We are responsible for personal information under Our control.
- We have designated a Privacy Officer who is accountable for Our compliance with this Policy and all applicable privacy laws.
- All Our employees are responsible for day-to-day compliance.
- When We use trusted third parties, including Our affiliates and subsidiaries, to act on Our behalf by performing such functions as fulfilling orders, delivering packages, processing credit card payments or providing customer service, contractual or other appropriate means are used to ensure compliance by such third parties with this Policy and all applicable privacy laws.
(a) User Accounts and Personal Information
- When making a purchase on the Kobo Service We will ask You for more information as is necessary to complete Your purchase, and will store that information in Your account until You tell Us to remove it
- We ask for some personal information when You create a Kobo user account, including Your email address and a password, which is used to protect Your account from unauthorized access.
- We may record information about Your usage, such as when and how often You use the Kobo Service as well as information You display or click on within the Kobo Service (including UI elements, settings, and other information.
- For magazine and newspaper subscriptions, We may be required to share personal information and other data regarding your account to Our publishers or other suppliers of content, for their internal use only including for sales reports and aggregate circulation reporting. If you give Your consent, the applicable publisher or supplier of content may contact you for marketing purposes.
- We may use Your usage information to vary Your experience. For example, We may present content that We think would be of interest to You, based on the information We record about Your usage.
- When You visit Kobo, We will collect Your browser type and IP address and may use that information to vary Your experience.
- If You are logged in, We may associate that information with Your account.
- We may use clear GIFs (a.k.a. "Web Beacons") in HTML-based emails sent to Our Users to track which emails are opened by recipients.
- Any personal information or content that You voluntarily disclose online (in comments, reviews, etc.) becomes publicly available and can be collected and used by others. If You contribute to the Kobo Service, You are publishing every word You post publicly. If You write something, assume that it may be retained forever.
- We reserve the right to send You important account related emails from time to time even if You have opted not to receive emails from us.
- Your Customer account is protected by a password chosen by You. Passwords protect the integrity of Your account.
- All Customers are encouraged to select strong passwords and never to share them. You are prohibited from knowingly exposing the password of another User to public release either directly or indirectly.
- Protect against unauthorized access to Your password and to Your computer by logging off once You have finished using a shared computer.
(d) Children Under 18 Years of Age
- You must be 13 years and older to register to use the Kobo Service. As a result, the Kobo Service does not specifically collect information about children. If We learn that the Kobo Service has collected information from a child under the age of 13, We will delete that information as quickly as possible. Minors between the ages of 13 and the age of majority in the jurisdiction in which such minor resides must receive their parents' permission before using Kobo or sending information about themselves or anyone else over the Internet.
- Cookies are alphanumeric identifiers that We transfer to Your computer's hard drive through Your Web browser to enable Our systems to recognize Your browser and tell Us how and when pages in Our website are visited and by how many people. Kobo cookies do not collect personal information, and We do not combine information collected through cookies with other personal information to tell Us who You are or what Your screen name or e-mail address is.
(f) Private Logging
- Every time You visit a web page, You send information to the web server. Most web servers routinely maintain access logs with a portion of this information, which can be used to get an overall picture of what pages are popular, what other sites link to this one, and what web browsers people are using.
- These logs are used to produce site statistics; the raw log data is not made public.
- Log data may be examined by developers and administrators in the course of solving technical problems and in tracking down badly-behaved web spiders that overwhelm the site. IP addresses of Users, derived either from those logs or from records in the database are frequently used to correlate usernames and network addresses in investigating abuse of the Kobo Service, including vandalism, harassment of other users, or other disruptions of the site.
2. IDENTIFYING PURPOSES
- Unless the purpose is self-evident due to the nature of the transaction in question, We will identify the purposes for which personal information is collected at or before the time the information is collected.
- The proposed purposes will be described in a reasonably understandable manner.
- An example of a self-evident purpose is requesting the name and address of the person during the Kobo Service registration process in order to provide such individual with access to the service.
- We will collect, use or disclose Your personal information only with Your knowledge and consent, except where required or permitted by law or this Policy.
- We will not make Your consent a requirement to the supply of a product or a service other than required to be able to supply the product or service.
- Consent can be express or, in some circumstances, implied, and given in writing, by using or not using a check-off box, electronically, orally (in person or by telephone), or by Your conduct, such as use of a product or service.
- In determining the type of consent to obtain, We will consider all relevant factors, including the sensitivity of the information and Your reasonable expectations.
- You may withdraw Your consent at any time, on reasonable notice, subject to legal or contractual restrictions. We will inform You of the implications of doing so. Your withdrawal will apply to future collection, use or disclosure only.
4. LIMITING COLLECTION
- Our collection of personal information will be limited to what is necessary for the purposes set out in this Policy or which we otherwise identify at or before the time of collection.
- We will collect personal information by fair and lawful means.
5. LIMITING USE, DISCLOSURE, AND RETENTION
- Personal information will not be used or disclosed for purposes other than those for which it was collected, except with Your consent or as required or permitted by law or this Policy.
- It will be retained only as long as necessary for these purposes or as required by law.
- For greater certainty, without limiting the generality of the
foregoing, it is Our policy that personally identifiable data
collected in the Kobo Service server logs may be released by Our
system administrators in the following situations:
- In response to a court order, subpoena or other compulsory legal process;
- With permission of the affected Customer;
- To Our executives, legal counsel, or their designees, when necessary for investigation of abuse complaints;
- Where the information pertains to page views generated by a spider or bot and its dissemination is necessary to illustrate or resolve technical issues;
- Where the Customer is causing damage or degradation to the Kobo Service or persistently behaving in a disruptive way, data may be released to assist in the targeting of IP blocks, or to assist in the formulation of a complaint to the relevant Internet Service Providers;
- Where it is reasonably necessary to protect Our rights, property or safety, or the rights, property or safety of the Users of the Kobo Service or the public;
- To trusted third parties, including Our affiliates and subsidiaries, who act on Our behalf in providing the Kobo Service, and, in the case of newspaper and magazine subscriptions, to Our publishers and other suppliers of content (in which case contractual or other appropriate means will be used to ensure compliance by such third parties with this Policy and all applicable privacy laws).
- In addition, Your personal information may be used and disclosed or transferred to one or more other parties, including Our affiliates and subsidiaries, (individually, a "Third Party") during the course of a purchase and sale transaction, merger, amalgamation, consolidation, joint venture or other type of business combination, reorganization or restructuring or financing of all or part of Our business or assets (a "business transaction"), including for the purpose of permitting a Third Party to determine whether to proceed with such business transaction.
- In such case, We will disclose Your personal information only
- the personal information is necessary for the parties to determine whether to proceed with the business transaction and, if the determination is to proceed, to carry out and complete the business transaction;
- the Third Party has entered into an appropriate agreement
under which the use and disclosure of Your personal information is
- (i) purposes that relate to the business transaction; and
- (ii) where the business transaction is completed, those purposes for which the information was initially collected or subsequently authorized by You;
- the disclosure is only of personal information collected by Us as part of the Kobo Service; and
- where the business transaction is completed, such Third Party is required to continue to use and disclose Your personal information in a manner that is, in all material respects, consistent with the provisions of this Policy, unless You consent otherwise. Subject to any legal and contractual restrictions, You will be notified as soon as reasonably possible following the completion of any business transaction during which, or as a result of which, Your personal information was transferred or disclosed to a Third Party. You agree that such notice may be given by posting an announcement on the Kobo Website.
- We will keep Your personal information as accurate, complete and up-to-date as necessary for the purposes for which it is to be used.
- We will protect personal information by security safeguards appropriate to the sensitivity of the information, including through the use of the following measures: physical (e.g., locked filing cabinets, restricted access, appropriate disposal of personal information), organizational (e.g., security clearances, access only on a "need to know" basis), technological (e.g., passwords, encryption) and training of employees.
- Information about Our policies and practices relating to the management of personal information will be made readily available to individuals
9. INDIVIDUAL ACCESS
- Upon request, We will inform You of the existence, use and disclosure of personal information relating to You and, except in certain circumstances, give You access to that information. You have the right to challenge the accuracy and completeness of Your information and have it amended as appropriate.
- In certain circumstances permitted by law, access to Your personal information will not be provided to You. Some examples of these circumstances are where the information contains references to other individuals, cannot be disclosed for legal, security or commercial proprietary reasons, or is subject to solicitor-client or litigation privilege.
- We do not knowingly collect or solicit personal information from anyone under the age of thirteen or knowingly allow such persons to register. If You are under the age of thirteen, please do not attempt to register or send any information about Yourself to Us, including Your name, address, telephone number, or email address. In the event that We learn that We have collected personal information from an individual under the age of thirteen, We will remove that information as quickly as possible. If You believe that We might have any information from or about a person under the age of eighteen, please contact us.
10. CONTACTING US AND/OR CHALLENGING COMPLIANCE
For anything to do with this Policy, including questions or comments, or to challenge Our compliance with this Policy, please contact Us as follows:
We will inform individuals who make enquiries or lodge complaints about Our enquiry or complaint procedures, as applicable. If a complaint is found to be justified, We will take appropriate measures, including, if necessary, amending Our policies and practices.
This Policy is subject to PIPEDA and/or any other applicable privacy laws and Our right to amend this Policy from time to time, in Our sole discretion. If We make material changes to this Policy, We will notify You by posting an announcement on the Kobo Website. Changes to this Policy will become effective when those changes are posted to the Kobo Website. Your continued use of the Kobo Service following the posting of any changes to this Policy shall constitute Your acceptance of those changes.