My Downtown Gift Cards
We are Miconex Canada, whose registered address is 4008 boul. Saint-Martin O, Laval, Quebec, H7T1B8 . We are the producers of the My Downtown Gift Cards and owner of the “Website”: https://mydowntowngiftcards.ca
At My Downtown Gift Cards, we are committed to maintaining the trust and confidence of the visitors to our Website. Here you’ll find information on how we use and protect any data/information that you give us when using the Website.
Full name of legal entity: Miconex Canada
Email address: email@example.com
Postal address: c/o 1020 Bouvier Street, Suite 400, Quebec City, QUEBEC, G2K 0K9, CANADA
TO DELIVER YOUR My Downtown Gift Cards AND PROVIDE ONGOING CUSTOMER SERVICE
In order to take payment, deliver and provide ongoing customer service we need to obtain and retain certain personal data. The following sections provide more detail on the data we collect from you and what happens to that data.
WHAT DATA WE COLLECT
Personal data means any information about an individual from which that person can be identified. It does not include data, where the identity and identifying information has been removed which is called “Anonymised Data”.
We may collect the following personal data:
- Identity Data includes first name, last name, or similar identifier, title and date of birth.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Financial Data includes bank account and payment card details via our third party payment provider Talus Pay (https://taluspay.com/).
- Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
- Technical Data includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Website.
- Profile Data includes purchases or orders made by you, your interests, preferences, feedback and survey responses.
- Usage Data includes information about how you use our Website, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- apply for our products or services;
- create an account on our Website;
- subscribe to our service or publications;
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us feedback or contact us.
Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:
- Technical Data from the following parties:
- analytics providers such as Google and HotJar
- advertising networks such as Facebook, LinkedIn and Google and
- search information providers such as Google
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Talus Pay (https://taluspay.com/)
- Identity and Contact Data from data brokers or aggregators such as Google
HOW WE USE YOUR INFORMATION
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances
- Where we need to perform the contract, we are about to enter into or have entered into with you;
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and/or
- Where we need to comply with a legal obligation.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground, we are relying on to process your personal data where more than one ground has been set out in the table below:
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a new customer||(a) Identity
|Performance of a contract with you|
|To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(e) Marketing and Communications
|(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
|To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
(d) Marketing and Communications
|(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
|To enable you to partake in a prize draw, competition or complete a survey||(a) Identity
(e) Marketing and Communications
|(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
|To administer and protect our business and this Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Identity
|(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
|To deliver relevant Website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||(a) Identity
(e) Marketing and Communications
|Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)|
|To use data analytics to improve our Website, products/services, marketing, customer relationships and experiences||(a) Technical
|Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Website updated and relevant, to develop our business and to inform our marketing strategy)|
|To make suggestions and recommendations to you about goods or services that may be of interest to you||(a) Identity
(f) Marketing and Communications
|Necessary for our legitimate interests (to develop our products/services and grow our business)|
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Full Name and Contact Details
We capture your name and contact details so we can
- contact you regarding any enquiries you have;
- contact you regarding your purchases;
- to deliver your order to you; and
- in order to prevent and detect fraud against you or My Downtown Gift Cards.
We capture your Contact, Financial and Transaction Data via Elavon (https://www.elavon.ca/) to:
- take payment to process your order and give refunds; and
- in order to prevent and detect fraud against you or My Downtown Gift Cards
To manage our relationship with you and to provide a high level of customer service we may keep records of your contact history. We are required to do this to perform our contact with you.
This is important for us to provide good customer support and look after you in the event of any customer service enquiries.
INFORMATION ABOUT YOUR DEVICE AND HOW YOU USE OUR WEBSITE
We may collect information about the devices you use, such as your mobile or browser and information about how you move around our Website This helps us to improve our Website for you and allows us to give you a better experience. This data is anonymised and will not include any of your personal details.
This information may also be used in fraud prevention allowing us to earmark suspicious activity and prevent other people’s cards from being used fraudulently.
You don’t have to give us any of this personal information but if you decide not to provide it, you may not be able to buy from the Website, and you are unlikely to receive our optimal overall customer experience. But that is your choice and we understand that. If you have queries about sharing your data with us please contact us.
HOW LONG WE KEEP YOUR DATA FOR?
We will keep certain personal data for up to 24 months from the date of your last purchase in order to be able to provide customer service as described in this document.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see your legal rights below for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
Prior to sending any marketing communications we will explicitly request your permission via opt in options on this Website.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.
You can ask us or third parties to stop sending you marketing messages at any time by checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, product/service experience or other transactions.
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
WHOM WE SHARE YOUR INFORMATION WITH
We may share your personal data with the parties as set out below, for the purposes set out in the table above.
In order for you to receive your goods, we work with Canada Post. We only pass on Identity and Contact Data to Canada Post in order to ensure delivery of your items.
We work with Elavon (https://www.elavon.ca/index.html), a trusted third-party payment processing provider who takes your Contact, Financial and Transaction Data in order to securely take and manage payments. Please see their terms and conditions: https://www.elavon.ca/privacy-policy.html
Internal Third Parties
We may pass on your personal data to other companies in the Miconex Ltd group acting as joint data controllers or data processors.
External Third Parties
We may pass on your personal data to:
- Service providers acting as processors who provide IT and system administration services to us.
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services to us.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data, please see below:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
- If you want us to establish the data’s accuracy.
- Where our use of the data is unlawful but you do not want us to erase it.
- Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
- You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Compliance with State laws. To the extent that you are a resident of any Province or Territory whose laws impose obligations upon us in addition to those set forth in this policy, we will comply with such requirements.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to view, update, amend or delete any personal data we hold about you please get in touch with us at firstname.lastname@example.org. We will try to respond to all legitimate requests within one month. We may need to request specific information from you to help us confirm your identity and ensure your right to exercise any of the above rights. This is a security measure to ensure that personal data is not disclosed to any person who does not have the right to receive it. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
MAINTENANCE AND SECURITY OF YOUR DATA
We are committed to ensuring that your information is secure. We endeavour to ensure that your data is stored securely and to prevent unauthorised access. We have security measures in place to protect your information which we monitor regularly.
Unfortunately, despite our best measures and efforts, because of the nature of the Internet, we cannot guarantee that your information will always remain at all times 100% secure. The continuing efforts of hackers to defeat even the newest of security systems means that we can never make this promise.
WHERE WE STORE YOUR PERSONAL DATA
Data you provide to us is stored on secure servers in the U.K, which are provided and managed by external suppliers appointed by us. The server suppliers are subject to strict contractual requirements on data security and also to abide to the Data Protection Act 2018. We also have internal policies and controls in place to minimise the risk of your personal data being lost, misused, accidentally destroyed or disclosed.
- Where we use certain service providers, we may transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries. https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en; or
- Where we use certain service providers, we will require specific contract terms approved by the European Commission which give personal data the same protection it has in the EEA. For further details, see European Commission: Model contracts for the transfer of personal data to third countries. https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en; or
- Where we use certain service providers based in the U.S.A, we may transfer your personal data to them on the strict conditions that they abide to the best of their abilities by Article 49 of GDPR and the Data Protection Act 2018 and provide similar protection to personal data shared between U.K and the U.S.A.
We use online advertising to keep you aware of what we’re up to and to help you find our products. Like many companies, we may target banners and ads to you when you use other websites. We do this using a range of advertising technologies such as pixels, ad tags and Cookies.
COOKIES ON THIS WEBSITE
What Are Cookies
Cookies are accessed by the originating website on each subsequent visit. Cookies may be either “persistent” cookies or “session” Cookies:
A Persistent Cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; or
A Session Cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from Cookies.
You can prevent the setting of cookies by adjusting the settings on your browser. See the section on Disabling Cookies below for more information.
COOKIES THAT WE USE
We use the following Cookies on Our Website for the following uses:
|Cookie Name||Cookie Use||Function|
|IDE||Necessary||This Cookie increases programmer productivity by combining common activities of writing software into a single application: editing source code, building executables, and debugging. This is a Persistent Cookie and lasts for 8 months|
|PHP SESSID||Necessary||This Cookie enables the Website to store serialized state data. It is used to establish a user session and to pass state data via a temporary cookie. This is a Session Cookie. As the Cookie has no timed expiry, it disappears when the browser is closed|
|_ga||Statistical and Marketing||Enables the function of web analytics software, Google Analytics, provided by Google. This software collects information about how visitors use our Website. The data stored by these Cookies never shows any confidential information. This is a Persistent Cookie and remains for 2 years|
|_gid||Statistical and Marketing||Enables the function of Our web analytics software, Google Analytics, provided by Google. This software collects information about how visitors use Our Website. The data stored by these Cookies never shows any confidential information. This is a Session Cookie and remains for 1 day|
|_gat||Statistical||Enables the function of Our web analytics software, Google Analytics, provided by Google. This software collects information about how visitors use Our Website. The data stored by these Cookies never shows any confidential information. This is a Session Cookie and remains for 1 day|
|_hj||Statistical||We use this Cookie to analyse how users interact with our Website. We use this data in order to improve the design and usability of the service. This is a Session Cookie and remains for 1 day|
|_hjid||Necessary and statistical||This Cookie is set when the customer first lands on a page with the Hotjar script. It is used to persist the random user ID, unique to that site on the browser. This ensures that behaviour in subsequent visits to the same site will be attributed to the same user ID. This is a Persistent Cookie and remains for 1 year|
|Cookies.js||Necessary||This Cookie determines: which domain to measure;
distinguishes unique users;
throttle the request rate;
remembers the number and time of previous visits;
remembers traffic source information;
determines the start and end of a session; and
remembers the value of visitor-level custom variables. This is a Session Cookie and remains for 1 day
|Mailchimp_landing_site||Necessary and statistical||All information these cookies collect is aggregated. Although important to us, these cookies are non-essential to the use of the Mailchimp Site. However, without these Cookies, certain functionality may become unavailable. These Cookies are used to enhance the performance and functionality but are non-essential. This is a Persistent Cookie and remains for 1 month|
|Tcgc_cookie||Statistical||This is a Session Cookie that holds users session data and remains for 1 day|
Necessary Cookies help make the Website usable by enabling basic functions like page navigation and access to secure areas of the Website. The Website cannot function properly without these Cookies.
Statistical Cookies help Website owners to understand how visitors interact with Websites by collecting and reporting information anonymously.
We use Google Analytics Marketing Cookies to hold information about your visit to our Website. This helps us better identify the use and popularity of our services and how successfully the Website is functioning. We use Google Analytics to analyse the use of our Website. This helps us better identify the use and popularity of our services and how successfully the Website is functioning.
If you do not wish to allow Google Analytics to track you on this Website or any others you can install the Google Analytics Opt-out Add-on to your browser. This can be found at http://tools.google.com/dlpage/gaoptout. Alternatively, you can prevent the setting of Cookies by adjusting the settings on your browser. See the section on Disabling Cookies below for more information.
You can prevent the setting of Cookies by adjusting the settings on your browser. Be aware that disabling Cookies will affect the functionality of this and many other websites that you visit. If you block Cookies, you will not be able to use all the features on our Website.
Most browsers allow you to refuse to accept Cookies and to delete Cookies. The methods for doing so vary from browser to browser, and from version to version. You can obtain up-to-date information about blocking and deleting Cookies from your browser via these example links:
Google Chrome: https://support.google.com/chrome/answer/95647?hl=en
Internet Explorer: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
LINKS TO OTHER WEBSITES
Each party confirms it is acting on its own behalf and not for the benefit of any other person.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.