PRIVACY POLICY

UPDATED JANUARY 7, 2019

We, Evolving Media & Design Inc. (“Evolving media”), are committed to protecting any data that we collect concerning you. By using our services you agree to the use of the data that we collect in accordance with this Privacy Policy. The purpose of this Privacy Policy is to enable you to understand what personal information of yours is collected, how and when we might use or share your information, and how you can correct any inaccuracies in the information. This Privacy Policy also explains our online information practices and the choices you can make about the way your information is collected and used.

Who We Are

Evolving Media & Design Inc.® is a Federally Incorporated business located in Eastern Ontario operating and providing products and services under the brand name Evolving Media.

Evolving Media is a multi-disciplined design studio committed to your business’s success. In addition to the design services we provide, Evolving Media provides cloud-based solutions, including web hosting, domain name registration, website creation, website security, and related digital marketing products and services, to businesses, individuals, non-profit organizations and others. As part of Evolving Media & Design Inc. Evolving Media can provide a variety and range of products and services to help customers with their technological and Marketing/ promotional requirements.

Evolving Media is a registered Trademark of Evolving Media & Design Inc.® . All Rights Reserved. Copyright 1995-2019.

Your Consent

By using our website, products, or services, you’re acknowledging that you have agreed to our Terms of Service and Acceptable Use Policy, that you have read and understood this Privacy Policy, and that you consent to your information being used for the purposes and for the manner described in this Privacy Policy. For children under the age of 16 to order or use our products or services, a parent or legal guardian must provide the above-mentioned consents on their behalf. 

You may withdraw your consent to our management of your personal information, at any time, subject to legal and contractual restrictions, upon reasonable notice. However, such a withdrawal may reduce our ability to provide you with certain products and services. For more information on the implications of withdrawing your consent or to notify us of the withdrawal of your consent, please contact us directly at 613-482-1159.

Information Collected

We collect the following types of information from you to provide you with the products and services you purchased and for the purposes described below. We may collect any or all of the information via both automated means such as communications profiles or cookies.

Personal Information

The personal information we collect depends on the type of service, support, or sales inquiry, and may include your name, address, telephone number, fax number and email address, dates of service provided, types of service provided, payment history, manner of payment, amount of payments, date of payments, domain name, credit card or other payment information. The financial information will only be used to bill you for the products and services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider. When transferring personal information a security icon will appear in your browser.

How We Use This Information

We use the information we collect from you for the following purposes: 

• To enable us to provide you with our design, website, hosting, security, products, and services.
• To process transactions in connection with our  design, website, hosting, security, products, and services  After a transaction, your personal information (e.g., credit card or financial information) may be kept on file in order to facilitate automated renewals. You may request that your credit card or financial information be deleted from our system and files at any point by contacting us.
• To create and administer your account, contact you, and customize your experience on our website or while using our products or services.
• To keep your account secure and protect our website, products, and services (including to prevent fraud and abuse).
• To restore your account or data where it was accidentally or maliciously deleted, corrupted, or otherwise damaged.
• To improve customer service by helping us to more effectively respond to your customer service requests and support needs.
• To help promote our design, website, hosting, security, products, and services, if you’ve voluntarily provided a testimonial or review
• To send you periodic emails concerning order information, product or service information, company news, promotions, and legal information.
• To track and analyze use of our website, products, and services so we can improve them and provide you with the best experience possible.
• To meet regulatory requirements (e.g., tax laws).

European Union Users

Data protection law in Europe requires a “lawful basis” for collecting and retaining personal information from citizens or residents of the European Union. Our lawful bases include: 

• Performing the contract we have with you: We need your personal information to comply with our contractual obligation to deliver you our products or services.
• Legal compliance: Sometimes the law says we need to collect and use your data. For example, tax laws require us to retain records of payments made for our products and services.
• Legitimate interests: This is a technical term in data protection law which essentially means we have a good and fair reason to use your data and we do so in ways which do not hurt your interests and rights. We sometimes require your data to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and that does not materially impact your rights, freedom, or interests. For example, we may use identity, device, and location information to prevent fraud and abuse and to keep our website, products, and services secure. We may also send you promotional communications about our products or services, subject to your right to control whether we do so.
• We analyze how users interact with our website, products, and services so we can better understand which elements of the design are working well and which are not working so well. This allows us to develop and improve the quality of the online experience we offer to all our users.

 Cookies and Tracking

Your Internet browser has the in-built facility for storing small text files – “cookies” – that hold information which allow a website to recognize your account. We use cookies to save your preferences and login information, and to provide personalized functionality. We may use cookies to collect, store, and sometimes track information for statistical purposes to improve the products and services we provide and to manage our telecommunications networks. More specifically, we use different types of cookies for different purposes:

1. “required cookies” are necessary for our website to work properly,
2. “performance cookies” allow us to analyze how Visitors use our website so we can measure and improve the performance of our website,
3. “functional cookies” allow us to remember choices you may have made on our website, and
4. “advertising cookies” Evolving Media does not use cookies to track or monitor your actions on the Internet. However, we do not have control, nor can we prevent other parties from tracking your usage and monitoring what you do on the Internet.
5. “referrals from internal and external affiliates as well as advertising campaigns”. We may use a third party service provider to send emails that you have agreed to receive. Pixel tags and cookies may be used in those email messages to help us measure the effectiveness of our marketing material and to enable us to provide more focused  communications to you. You can reject cookies by changing your browser settings, but be aware that this will disable some of the functionality when visiting the EvolvingMedia.com website, for Example, the Customer Care Portal.

Customer Surveys

We may periodically conduct customer surveys. Participation in our customer survey is voluntary. However, we encourage our Users to participate in these surveys because they provide us with important information that helps us improve the types of services we offer and how we provide them to you. Your personal information, if provided, will remain confidential, even if the survey is conducted by a third party service provider on our behalf.

Social Media

Our website includes social media features (such as the Facebook “Like” button). These features may collect your IP address and which page you are visiting on our website, and may set a cookie to enable the feature to function properly. Social media features and widgets may be hosted by a third party or directly on our website. Your interactions with these features are governed by the privacy policy of the company providing the feature.

Data and Information Submitted to Third Parties on Our Network

This Privacy Policy does not apply to data or personal information that may be submitted to, or collected by, third-party websites hosted by Evolving Media & Design Inc. (“EvolvingMedia”) or to domain names registered by Evolving Media & Design Inc. (“EvolvingMedia”). Such websites and domain names are not owned or controlled by EvolvingMedia. You should independently evaluate the privacy policies of such third-party websites before submitting data or personal information to them.

Email Notifications

We may send you email regarding your order information, product or service information, company news, promotions, and legal information.

We want to communicate with you only if you want to hear from us. We try to keep emails to a minimum and give you the ability to opt in to any marketing communications we send. You may opt out of receiving marketing email communications by following the detailed unsubscribe instructions located at the bottom of each email or by contacting Customer Service and requesting to opt out.

From time to time, we may provide you with necessary information (e.g., service-related announcements or legal information) to which you will not be able to opt out.

INFORMATION USE

Personal Information

The information we collect is used for billing and to provide service and support to our customers. We may study this information to determine our customers’ needs and to promote certain products and services or additional support. We may also generate non-identifying and aggregate profiles from information that our customers provide during registration (such as the total number of customers in a given category). This aggregated and non-identifying information may be used to promote advertisements that appear on our website and in connection with our services.

We take reasonable precautions to prevent unauthorized access to your information. Accordingly, we may require you to provide additional forms of identity should you wish to obtain information about your account details. Evolving Media may also use the information you provide to email Evolving Media’s newsletter “Evolving Media Chronicles” to the primary contact e-mail on file, or to contact you about other products or services that we think may be of interest.

Log Files

We use IP addresses to analyze trends, administer our site and servers, track access, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. However, it is possible that personal information about a customer may be included in the log files due to the normal functions of IP addresses and Web browsing.

Communication history information

Communications you send to us (e.g., technical support tickets, questions, e-mail (We are required by Canadian Law to keep a backup of all e-mail correspondence for up to seven (7) years) or feedback).

Sensitive personal information

We ask that you do not send or disclose to us any sensitive personal information, including social insurance or social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background, or trade union membership.

Customer Surveys

We may use the contact and other information provided to follow up with customers who respond to our customer surveys to help resolve issues internally or with our third party partners.

For example, Evolving Media may contact customers based on their survey answers or to highlight certain changes we made in response to customer feedback.

DISCLOSING INFORMATION

Partners and Sponsors

Some of our products or services are offered or promoted to our customers in conjunction with a partner or sponsor, or another brand or company within our corporate family. We may share your information with these parties to offer the product or service or to facilitate your use of additional amenities included with your hosting account.

For example, one of our partners may provide services to you based on links that you access from your control panel.

We may also disclose aggregate, anonymous data based on information collected from users to potential partners, reputable third parties and other companies or brands within our corporate family. We will only share your information with third parties that agree to maintain your information in confidence and to use it solely for purposes of providing the product or service as agreed to by EvolvingMedia.com.

Service Providers

We may transfer (or otherwise make available) your personal information to third parties that help us provide our services or provide services on our behalf. For example, we may use service providers to authorize and process payments, administer surveys, or run promotions. Your personal information may be maintained and processed by our third party service providers in Canada or in the United States or in other jurisdictions. Our service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose personal information for their own marketing or other purposes.

Online Advertisements

We do not share personally identifiable information about individual customers with advertisers. We may display online advertisements and we may share aggregated and non-identifying information about our customers that we collect through the registration process or through online surveys and promotions with certain advertisers. In some instances, we use this aggregated and non-identifying information to deliver tailored advertisements.

For example, an advertiser may tell us the audience they want to reach (e.g., males between 25 and 55 years of age) and provide us with an advertisement tailored to the audience. Based upon the aggregated and non-identifying information we have collected, we may then display the advertisement to the intended audience.

Customer Surveys

We may share customer information obtained from customer surveys within Evolving Media and our corporate family, and with trusted third parties to develop or provide products and services that we believe would be of interest to our customers.

Domain Registration

In certain jurisdictions or pursuant to the rules of the Internet Corporation for Assigned Names and Numbers (“ICANN”) or certain registries, the contact information you provide to register a domain name (“Domain Name Registration Information”) has to be made available and accessible to the public through a “WHOIS” search. The WHOIS database is a publicly accessible database that lists the Domain Name Registration Information for a particular domain name, the name server(s) to which the domain name points, and the domain name’s creation and expiration date.

The Domain Name Registration Information you provide is hosted by us or a third party service provider and is made available to the public through WHOIS searches. At times, customers may receive solicitations that result from searches of the publicly available WHOIS database by other companies or individuals. Any such solicitations or SPAM do not come from EvolvingMedia and we do not control the use of WHOIS information by third parties. Further, pursuant to ICANN rules, EvolvingMedia is required to make WHOIS data available to any third party that enters into a bulk access agreement.

While ICANN allows individuals to opt-out (using the account management panel, domain management console or similar service) of having their WHOIS information made available to third parties through bulk access, companies, such as ours, businesses, and other organizations do not have the ability to opt-out of having their information made available to a third party that enters a bulk access agreement. We may also deposit your Domain Name Registration Information with a third-party escrow provider to comply with ICANN requirements.

Law Enforcement and Special Cases

We cooperate with government and law enforcement officials to enforce and comply with the law. We will disclose any information about users upon a valid request by government or law officials as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect your property and rights, or the property and rights of a third party, to protect the safety of the public or any person, or to stop activity that we consider illegal or unethical.

Your Options Correcting/Updating Personal Information

If a customer’s information changes, or if a customer no longer desires our services, you can access, change and remove your information in our Client Care Portal. You have access to all the services and products we provide.

Opt Out

By default, customers will receive invoices, any system updates, Evolving Media newsletters and other mailings. Customers are able to opt out of newsletters and mailings by using the unsubscribe link in any promotional email or as otherwise provided in the communication. Please note that customers may not opt out of receiving important system notifications or emails about their accounts.

Public Forums

Please remember that any information you may disclose or post on public areas of our websites or the Internet, becomes public information. You should exercise caution when deciding to disclose personal information in these public areas. To request removal of your personal information from our community forums or testimonials, contact us at legal@evolvingmedia.com. In some cases, we may not be able to remove your personal information, in which case, we will let you know why we are unable to do so.

Data Security

EvolvingMedia uses technical security measures to prevent the loss, misuse, alternation or unauthorized disclosure of information under our control. Evolving Media uses security measures including and not limited to: physical, electronic and managerial procedures to safeguard and secure the information we collect online. All sensitive information is collected on a secure server. When we ask customers or users to provide financial information (such as a credit card number) that data is protected using Transport Layer Security (TLS) and its predecessor, Secure Sockets Layer (“SSL”) technology.

Security

At Evolving Media & Design Inc. we take security seriously, and the security of your personal information is important to us. We employ a variety of security measures to maintain the safety of your personal information when you place an order with us or access your personal information. 

Your personal information is stored on secure servers or in secure file storage.

All sensitive/credit information supplied via our website is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our database, only to be accessed by authorized personnel.

No method of transmission over the internet or electronic storage is completely secure, so we cannot guarantee its absolute security. Your account information is protected by a password, which you should choose carefully and keep secure. If you disclose your password to a third-party, you may lose considerable control over your personal information and you may risk that legally binding actions be taken on your behalf. If the security of your password has been compromised, for whatever reason, you should change it immediately.

We encourage the responsible disclosure of vulnerabilities of our website, products, or services by contacting our Customer Service.

Children

This website is not directed towards children and we do not seek to collect any personal information from children. If we become aware that personal information from a child under the age of 16 has been collected, we will use all reasonable efforts to delete such information from our database.

Reseller Relationships

In addition to all of the terms and conditions set forth above, the following terms apply to Reseller relationships only. Information Related to Data Collected through Resellers. Evolving Media may collect information under the direction of our Resellers, and we have no direct relationship with the individuals whose personal data is provided, processed or obtained by our Resellers. Customers who seek access, or who seek to correct, amend, or delete inaccurate data should direct their query to the Reseller’s data controller. If the Reseller requests that we remove the data, we will respond to such request within thirty (30) business days.

Choice

If you are a customer of one of our Resellers and would no longer like to be contacted by such Reseller, please contact the Reseller from whom you purchased products or services.

Data Retention

We retain personal data we process on behalf of our Resellers for as long as needed to provide services under the relationship. We will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, enforce our agreements, and protect our legal rights.

We may retain backups of your hosting account content for up to 12 months after your hosting service is cancelled or terminated. Backups may be used to restore your data or account in case the data or account is accidentally or maliciously deleted, corrupted, or otherwise damaged. If you wish your information to be deleted prior to the end of the above mentioned period, please submit a support ticket in our Client Care Portal.

Data Transfers

Your personal information will be collected and stored in Canada, except as otherwise described in this Privacy Policy. However, we work with trusted third-party service providers (e.g., domain name registrars and registries) around the world to provide you with our products and services. Consequently, some of your personal information may be transferred to other countries for processing. We conform to industry standards to help ensure that your privacy is protected and that any transfers of personal information are safeguarded during transit and at the recipient processor.

These third-party countries have their own laws governing data protection and government access to information. The rules that protect your personal information under these laws may be different than in your home country.

If you choose to use our website, products, or services, you must agree to our Terms of Service, which set out the contract between Evolving Media and you. Further, you consent to having the necessary personal information transferred to trusted third-party service providers, located in Canada and other countries, for processing to provide you with the products and services for which you have contracted us.

Your Rights

Users residing in certain countries, including Canada and European Union member states, are afforded certain rights regarding their personal information. Except where an exception or exemption applies, these rights include your ability to access, correct, and request deletion of your personal information. While these rights are not applicable globally, all users of our products or services can manage and revise their personal information in the “Client Care Portal” on our website or by contacting Customer Service. We may request that you provide us with personal information to verify your identity before we can disclose, change, or delete any personal information related to your account.

• To modify or delete the personal information you have provided to us, please log in to the “Client Care Portal” and update your profile or contact Customer Service.
• To request an electronic copy of your personal information, please contact Customer Service.
• To delete your account, please contact Customer Service. We may retain certain information as required by law or as necessary for our legitimate business purposes.
• To opt out of having your personal information disclosed to third-parties for direct marketing purposes, please contact our Customer Service.

Residents of European Union member states have the right to restrict or object to the processing of their personal information under certain circumstances (e.g., to contest the accuracy of the data). They have the right to object to processing of their personal information for direct marketing purposes. To exercise any of these rights, please contact our Customer Service.

Residents of European Union member states have the right to lodge a complaint with a supervisory authority (e.g., privacy office) in the country where they live, where they work, or where an alleged infringement took place, if they consider that the processing of their personal information has infringed European Union privacy law.

Changes to this Policy

We reserve the right to revise, amend, or modify this Privacy Policy at any time and in any manner. However, if we plan to materially change how we plan to use previously collected personal information, we will provide you with advance notice prior to the change becoming effective and an opportunity to opt-out of such differing uses. We encourage you to periodically review this page for the latest information on our privacy practices.

Last Updated: January 7, 2019

Contacting Us

Concerns. EvolvingMedia encourages individuals covered by this Privacy Policy to raise any concerns about our processing of personal information by contacting EvolvingMedia at the address below.

57 Gauthier Street

Alexandria ON K0C 1A0

Canada

Evolving Media will seek to resolve any concerns. Evolving Media has also agreed to participate in the dispute resolution program.

Questions. If you have any questions about our Privacy Policy, or if you want to know what information we have collected about you, please email us at legal@evolvingmedia.com or call us directly
at 613-482-1159.