Privacy Policy

 

Last updated on : October 24, 2023

 

INTRODUCTION

In the face of new challenges and dangers relating to the preservation of the security of personal information arising from online business, it is necessary to pay particular attention to the protection of privacy. That's why nimble bubble takes the privacy of your personal information seriously and is committed to respecting the confidentiality of the information it collects.

nimble bubble is committed to respecting, in accordance with this privacy policy (hereinafter the "Policy") and applicable laws in force in Canada and Quebec, the obligations concerning the collection and processing of your personal and confidential information, obtained in the course of operating its business, so that everyone can benefit from the respect of their privacy.

In doing so, nimble bubble wishes to ensure the accuracy, security, and confidentiality of your personal information, and not to collect, use or disclose your personal information other than in accordance with this Policy and such applicable laws.

The Policy describes the information that nimble bubble may collect from its Users in the course of its activities.

The Policy also describes, among other things, how nimble bubble collects, processes and stores your information, the purposes for which it is collected, how it is used and the circumstances in which it may be transmitted to third parties. The Policy explains your rights regarding the collection, use and disclosure of your personal information.

 

SCOPE OF THE POLICY

We collect your personal information as part of our mission to educate individuals on how to provide optimal feedback to advance both people and the goals of the organization they serve and/or represent.

By browsing the Platform or subscribing to our email publications, the User agrees to the terms and conditions of this Policy. You agree that your personal information collected when filling in any online form, particularly in order to make contact, upload content to the Platform, or render other product-related services, will be transmitted to the relevant and authorized nimble bubble personnel. The latter will only communicate to third parties whose participation is strictly necessary for the delivery of the service and/or the maintenance of our commercial relationship with you, as the case may be, the information necessary for these purposes (the aforementioned third parties may hereinafter be collectively referred to as the "Third-Party Providers").

By providing nimble bubble with your personal information, you authorize nimble bubble to use and disclose your personal information to Third-Party Providers, as the case may be, in connection with the delivery of service, the management of our contractual relationship, our business relationship with you, and in accordance with this Policy and as authorized or required by law, as well as implicitly, if indicated by the circumstances.

In addition, nimble bubble will seek your consent before using your personal information for purposes other than those covered by your initial consent under the Policy.

Finally, you may withdraw your consent at any time, subject to legal and contractual restrictions and reasonable notice. Please be aware, however, that without your consent, nimble bubble may not be able to provide or continue to provide you with certain services or information that may be useful to you.

If you provide nimble bubble or its Third-Party Providers with personal information about another individual or entity, you agree that you have the necessary authorization to do so and/or that you have obtained all necessary consents from that third party to allow us to collect, use and disclose their personal information for the purposes set out in this Policy.

To withdraw your consent or stop receiving electronic communications from us, please write to the following e-mail address: sophie@nimblebubble.com.

 

COLLECTION OF PERSONAL INFORMATION

Personal information is information that is specifically associated with a natural person and that can be used to identify that person, either on its own or in combination with other information that nimble bubble may have access to. Information that has been rendered anonymous or arranged so that it can no longer be used to identify a particular individual does not constitute personal information. For example, an individual's office mailing address is not personal information in and of itself, except when it is mentioned in conjunction with other information about the individual, or when its mere mention would reveal personal information about the individual.

nimble bubble may obtain personal information from the User by saving personal information on the Platform or, where applicable, by otherwise transmitting personal information, including by creating a User account and choosing a password, by logging in as a registered User to the Platform, by conducting a product search, requesting a service, providing account information, communicating with us by telephone, e-mail or otherwise, or by filling out a form to participate in a contest, inventory request, promotion or survey. By completing such a form, you authorize us to collect your personal information.

We collect the following information from the User upon registration:

  • First and last name;

  • E-mail address; and

  • Bank details, if applicable.

In general, we are also likely to know your location, your IP address and data concerning your use of the Platform and any other information enabling us to provide you with our services in the most appropriate manner.

User information is also collected through the interaction that may be established between the User and the Platform and may be used for the following purposes:

  • To understand the use of the Platform by the User;

  • To improve the Platform ;

  • To provide services to the User;

  • To manage customer and commercial relations;

  • To comply with laws and regulations;

  • To send newsletter; and

  • To send promotions tailored to the User's needs.

The User's personal information will not be retained beyond the purposes for which it was collected. nimble bubble respects the retention period established by this Policy, which complies with the Privacy Act (RSC, 1985, c. P-21) and An Act to modernize legislative provisions as regards the protection of personal information, (SQ 2021, c 25). Data deletion occurs when the User deletes his/her account. The User will then have thirty (30) days to recover his/her data, failing which nimble bubble will permanently delete it.

nimble bubble may also compile lists of your names and mailing addresses for philanthropic, anonymized statistical or market research purposes. If you do not wish your name and mailing address to be used for these purposes, please contact us at sophie@nimblebubble.com.

The deletion of personal information takes place when the User submits a written request to the aforementioned address. nimble bubble reserves the right to refuse a User's request if the User continues to use nimble bubble's services in any way that complies with the retention period established by this Policy, which complies with the Act respecting the protection of personal information in the private sector (CQLR, c. P-39.1). Accordingly, and unless otherwise provided for by the regulatory framework, the deletion of data will be effective thirty (30) days after the processing of the request for deletion of personal information by the privacy officer.

The Platform is designed for use by adults only as understood in the province of Quebec. nimble bubble does not knowingly collect personal information from persons under the age of eighteen (18). Where appropriate, information is collected from the child's parent, guardian or teacher. With the exception of these sections, the Platform is not intended for use by persons under the age of eighteen (18).

For more information on the protection of your personal information and your related rights, you may contact the Office of the Privacy Commissioner of Canada or the Commission d'accès à l'information du Québec.

  • Office of the Privacy Commissioner of Canada www.privcom.gc.ca

  • Commission d'accès à l'information du Québec www.cai.gouv.qc.ca

 

FORMS AND INTERACTIONS

nimble bubble collects your personal information in accordance with legal requirements. Wherever possible and appropriate, we collect your personal information directly from you or from the persons you have chosen to provide us with your personal information.

The User's personal information may be collected by means of forms, namely :

  • Platform registration form;

  • Order form;

  • Opinion poll;

  • User profile update form;

  • Resource download form;

  • Authorization to access User information;

  • Contact form; and

  • Contests.

Your basic personal information, such as your e-mail address, last name, first name, and telephone number, may also be collected on our Platform, notably by e-mail.

 

ADVERTISING INFORMATION

nimble bubble will only communicate with you if you want it to.

If the User has not subscribed to our newsletter, does not have a commercial relationship with nimble bubble or has never purchased one of our services, the User will not receive any e-mail from nimble bubble without prior consent.

If you prefer not to receive promotional information from us or if you do not want us to use your personal information to enhance your experience as a User, please let us know by contacting us at the contact indicated in the "Your Rights" section below.

Please remember to include your full name and the e-mail address you used when you registered or made a purchase from us. There may be a delay in processing an e-mail or postal mail request and you may continue to receive communications from nimble bubble in the interim.

 

ANTI-SPAM LEGISLATION

nimble bubble complies with the requirements of the Canadian Anti-Spam Act (CASL) (S.C. 2010, c. 23).

The User understands that he may expressly or tacitly consent to receive messages from nimble bubble.

Express consent is consent requested from the User, which must be stated in clear and simple terms, and must include the purposes for which consent is sought, the prescribed information identifying the person seeking consent and, if it is sought on behalf of another person, the prescribed information identifying that person; and any other information specified by regulations made under this Act.

The User understands that he/she is giving tacit consent in the case of ongoing business relationships or ongoing private relationships; when the User publishes his/her e-mail address without mentioning that he/she does not wish to receive unsolicited commercial electronic messages; or when the message is sent in the other circumstances provided for by the regulations made under this law.

  • For the purposes of this Policy, a current business relationship refers to an established business relationship between two persons such as a purchase or lease during the two years preceding the date the message is sent; an investment or game offered; the barter of a thing; any contract in effect or expired during that period; or a request during the six months preceding the date the message is sent.

  • For the purposes of this Policy, a current private relationship is defined as a relationship between two persons other than a business relationship, such as a gift or donation, volunteer work; and a membership, as defined by regulations; all within the two preceding the date the message is sent.

To unsubscribe from our electronic communications mailing list, simply contact us at sophie@nimblebubble.com.

 

PROTECTION AGAINST FRAUD AND THEFT OF YOUR PERSONAL INFORMATION

nimble bubble undertakes at all times to comply with the laws and regulations applicable to its business and to take all useful and necessary measures to detect and prevent negligence, fraud and theft of your personal information. However, although nimble bubble takes precautions, nimble bubble cannot guarantee that no case of fraud or theft of your personal information may occur.

nimble bubble maintains an up-to-date privacy incident log and will contact any User whose personal information is the subject of such an incident and presents a risk of serious harm.

 

THIRD-PARTY ADVERTISING DISPLAYED ON OUR PLATFORM

You may find third-party advertising displayed on our Platform. We do not allow third parties to collect your personal information on our Platform without your consent.

nimble bubble prohibits and is not responsible for the resale or use by third parties of opt-ins obtained through the Platform. If you have agreed to share your contact information with partner organizations, we will share it with them.

We do not sell or rent your personal information without your consent.

 

THIRD-PARTY SERVICES

nimble bubble may use, as part of its service and / or management of its business and its Platform, third party services. In no event shall nimble bubble be liable for any damages arising from such third-party services. To find out about the conditions of use of these services, we invite the User to consult their respective websites.

 

AUTOMATICALLY EXCHANGED DATA

Cookies enable us to collect certain information during exchanges between your computer and our server. Cookies are files created by a website to record information about your computer's navigation on the site. They are automatically stored on your electronic devices, allow you to connect to the Platform at a later time and enable nimble bubble to personalize the Platform.

This mainly concerns the following information:

  •  Domain name;

  • IP address;

  • User's language; and

  • Navigation history.

Most of the information transmitted automatically does not identify the User. It is only collected because of the technological requirements inherent in Internet browsing. Most browsers automatically accept cookies, but it is generally possible to modify this behavior. On the other hand, if the User chooses to refuse Cookies, he/she may not be able to identify him/herself or use certain functions of the Platform.

The use of such information enables us to improve the service, personalize the User experience and better track your previous use.

In addition to the methods described above, we may also collect information by means of Cookies or similar technologies, particularly during your visits to our Platform. These methods enable us to collect various types of information, including the pages you visit, the e-mails you read and other information.

This information is also used to:

  • Understand how Users use the service, without following any particular User;

  • To maintain a registry of services of interest to the User and to obtain information about the User from current or future divisions or companies of nimble bubble;

  • To process the User's requests and orders and to answer the User's questions;

  • Keep in touch with the User and provide him/her with a personalized service at all times;

  • Communicate with the User (by e-mail, mail or otherwise) and send advertising material or additional information on products, services, surveys, contests, promotions and special offers;

  • Learn more about the User's purchasing preferences;

  • Develop new products and services; and

  • Conduct market and performance research to evaluate customer service, measure performance, enhance the User experience and improve products.

There are several types of cookies, some of which expire when the User closes the browser and no longer have any effect, while others may be retained. The User may deactivate cookies at any time. In this case, nimble bubble does not guarantee optimal operation of the Platform.

You can also prevent cookies from being saved by configuring your Internet browser. However, if you choose the latter option, you may not be able to take full advantage of the Platform.

 

INTERNATIONAL COMMUNICATIONS

In certain situations, it is possible that the User's data may transit through servers outside Canada, notably in the United States.

nimble bubble may also share your personal information with third parties located outside of Quebec, in accordance with the terms of this Policy.

nimble bubble will not share your personal information with third parties located in jurisdictions that do not offer a similar level of privacy protection as Quebec.

 

SHARING PERSONAL INFORMATION

nimble bubble undertakes not to commercialize the personal information collected without the express consent of the User. The only situation in which personal information may be sold is in the event of a partial or total transfer of the business to a third party. In such a case, the information transferred as an asset of nimble bubble will be subject to the same guarantees as those in this Policy.

Unless otherwise specified in this Policy, personal information provided by the User will not be transferred to third parties without the User's consent. However, we may share such information with Third-Party Providers in order to deliver the service or to maintain our relationship with you. In such cases, you hereby expressly consent to such sharing.

nimble bubble may also publicly republish or re-share personally identifiable information when you post nimble bubble-related content on Social Media. In addition, by clicking on an external link located on the Platform, you may access External Websites that have their own privacy policies. You are therefore advised to consult them, as you will be subject to them.

If the User does not wish his or her personal information to be communicated to third parties or partners, he or she may object at any time, as mentioned in the following "Right of objection and withdrawal" section.

nimble bubble may, in the following cases, exceptionally disclose the User's personal information without the User's consent:

  • In the event of a legal obligation, in particular where a court order requires nimble bubble to disclose the User's personal information.

  • When it is impossible to obtain the User's consent and privacy laws allow nimble bubble to disclose this personal information. This is particularly the case when the protection of the public interest so requires.

 

RIGHT OF OBJECTION AND WITHDRAWAL

We are committed to offering the User the following rights with regards to his or her personal information:

  • The right of access;

  • The right to rectification;

  • The right to erasure;

  • The right to restrict processing;

  • The right to object to processing;

  • The right to data portability;

  • The right to lodge a complaint with a supervisory authority; and

  • The right to withdraw consent.

In certain circumstances, you have the right to have your personal information deleted without undue delay. These circumstances are as follows:

  • Personal information is no longer required for the purposes for which it was collected or otherwise processed;

  • You withdraw your consent to processing based on consent;

  • You object to the processing under certain rules of applicable data protection legislation;

  • Processing is carried out for direct marketing purposes; and

  • The personal information has been processed unlawfully.

However, there are exclusions to the right to erasure. General exclusions include where processing is necessary:

  • For the exercise of the right to freedom of expression and information;

  • to comply with a legal obligation; or

  • to establish, exercise or defend legal claims.

Your request relating to any of the rights mentioned in this section, or in the following section, must be made in writing and sent in accordance with the procedure set out in this section and in the "Privacy Officer" section.

The deletion of personal information takes place upon written request to the Privacy Officer. nimble bubble reserves the right to refuse a User's request if the User continues to use nimble bubble's services in any way.

nimble bubble respects the retention period established by this policy, which is in accordance with the Act respecting the protection of personal information in the private sector (CQLR, c. P-39.1). Accordingly, and unless otherwise provided for by the regulatory framework, the deletion of data will be effective thirty (30) days after the processing of the request for deletion of personal information by the Privacy Officer.

 

ACCESS TO YOUR PERSONAL INFORMATION

It is important that the personal information we hold about you is accurate and up to date. Please keep us informed of any changes to your personal information. The Act respecting the protection of personal information in the private sector (CQLR, c. P-39.1) gives you the right to request access to and correction of the personal information we hold about you.

Other than as set forth in this Policy, your personal information collected by nimble bubble hereunder will be accessible only by authorized and appropriate employees as defined by nimble bubble.

nimble bubble, subject to certain exceptions, may inform you of your personal information, how it is used and whether it has been shared with Third-Party Providers. You will also have access to this information for any modification or deletion.

Your request to consult, verify, correct or withdraw your consent to the use of your personal information, or to request access to, correction or deletion of any personal information you have provided to us, must be made in writing and sent in accordance with the procedure set out in this section and in the "Privacy Officer" section below. Please be sure to include your full name and the e-mail address you used when you registered. There may be a delay in processing an e-mail or postal mail request and you may continue to receive communications from nimble bubble in the interim.

nimble bubble will acknowledge your request in writing and may ask you to confirm your identity before providing you with this information. In principle, access to this information will be provided free of charge, but if you request a copy or transmission of your information, we may charge a reasonable fee. nimble bubble will inform you of the amount in advance and give you the opportunity to withdraw your request. nimble bubble will provide you with access to your information within thirty (30) days of receipt of your request or will provide you with written notice that additional time is required to fulfill your request.

In some cases, we may not be able to provide you with access to all or part of your information. If we are unable to do so, or if the law does not permit us to do so, we will provide you with an explanation and indicate what other measures are available to you.

 

WITHDRAWING YOUR CONSENT

Once you have given your consent to the collection, use and transfer of your personal information, you may have the legal right to withdraw your consent in certain circumstances. If you wish to withdraw your consent, please contact us at sophie@nimblebubble.com. Please note that if you withdraw your consent, we may not be able to provide you with a particular product or service. nimble bubble will explain the impact at that time to assist you in your decision.

 

SAFETY

The personal information that nimble bubble collects is stored in a secure environment. nimble bubble has adopted appropriate measures to preserve the confidentiality of personal information and to protect it against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, taking into account, among other things, the sensitivity of the information and the purposes for which it is to be used. In addition, nimble bubble requires that each employee, agent or representative of nimble bubble abide by this Policy.

To ensure the security of the User's personal information, nimble bubble uses, among others, the following measures:

  • SSL (Secure Sockets Layers) protocol;

  • Secure access to premises;

  • Protected access to servers and computers;

  • Using password-protected data networks;

  • Confidentiality agreements with employees;

  • Internal privacy policies;

  • Personal data protection procedures;

  • Routine updating of safety measures; and

  • Canadian server.

nimble bubble is committed to maintaining a high level of security by integrating the latest technological innovations to ensure the confidentiality of the User's transactions in order to protect the User's personal data from unauthorized access, use or disclosure. nimble bubble is committed to maintaining a confidentiality incident log.

However, as no mechanism offers maximum security, there is always a degree of risk involved when using the Internet to transmit personal information. If a password is used to protect the User's account and personal information, it is the User's responsibility to ensure that it remains confidential.

In the event of a privacy incident involving a User's personal information held by nimble bubble, nimble bubble will notify the affected User and the Commission d'accès à l'information du Québec of any privacy incident presenting a risk of serious harm.

 

FRENCH AND ENGLISH

In the event of any problem of definition or interpretation between the French and English versions of these Legal Terms, the French version shall prevail.

 

APPLICABLE LAW AND COMPETENT COURTS

The Platform and its content are managed by nimble bubble from its offices located in the province of Quebec, Canada. The Platform, the Social Media and their content, their Legal Terms and the User's use thereof are all governed by the laws of Quebec and Canada applicable therein, without giving effect to any principles of conflict of laws.

You agree that all questions and disputes concerning the Platform and Social Media and the use thereof shall first be brought before a mediator and, in the absence of a compromise, decided by the courts of Montreal.

Notwithstanding any attribution of jurisdiction and applicable law, where the User is a consumer within the meaning of the Quebec Consumer Protection Act (CQLR, c. P-40.1), then any dispute relating to this Policy shall be governed by the laws of the Province of Quebec and shall necessarily be brought before a court of competent jurisdiction pursuant to the rules of the Code of Civil Procedure.

 

PRIVACY OFFICER

If you have any questions or concerns about the processing or updating of your personal information, please contact us at sophie@nimblebubble.com or at the following postal address: 3829 rue Drolet, Montréal, (H2W 2L3), Québec, Canada

The Privacy Officer will contact you within thirty (30) days of receiving your e-mail.

 

INTERPRETATION

This Policy is governed by the laws of Quebec and Canada applicable therein, including the federal Privacy Act (RSC, 1985, c. P-21) and An Act to modernize legislative provisions as regards the protection of personal information, (SQ 2021, c 25). These laws apply without giving effect to any principles of conflict of laws.

Whenever the context requires, any word written in the singular also includes the plural and vice versa; any word written in the masculine also includes the feminine and vice versa.

 

DIVISIBILITY

Each provision of this Policy forms a distinct whole and any decision by a court to the effect that one of the provisions of this Policy is null or unenforceable in no way affects the validity or enforceability of the other provisions of this Policy. 

 

MODIFICATION OF THIS POLICY

We will occasionally update this Policy. Continued use of the Platform constitutes the User's agreement to this Privacy Policy and any updates.

However, nimble bubble will notify the Users of the Platform thirty (30) days prior to the entry into force of the modification. This notification will be made by sending an e-mail, informing the User of the possibility to consult the details of the modifications on nimble bubble's website. If the User refuses these modifications and wishes to terminate the contract, he will have at the latest thirty (30) days following the entry into force of the modifications to send a notice to nimble bubble and terminate, without charge or penalty, their obligations to nimble bubble.