Privacy
Over the Rainbow Ltd. and its affiliates and agents (“Rainbow Jeans”, “we”, “us”, “our”) provides access to the “pantshoppes.com” web site (the “Site”) in order to market and support sales of our products (the “Business”). We are committed to protecting the privacy of the Personal Information of users of the Site and Account Holders (collectively, “you”, “your”).
1. Definitions
1. a. “Account Holder” means a user who also registers an account (“Account”) under the Site.
2. b. “Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to or through the Site, such as invitations, and information that you display as part of your account profile. “User Content” means Content that users submit or transmit to or through the Site. “Our Content” means Content that we create and make available on the Site. "Third Party Content" means Content that is made available on the Site by parties other than Rainbow Jeans or its users. "Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and Our Content.
3. c. The term “Personal Information” means information about a determined or identifiable individual. This includes but is not limited to your name, address, telephone number, occupation, profession or personal occupation, images, video or photos that may allow proper identification, e-mail address, and any other sensitive information that may be related to race; ethnical condition; political position; religious, philosophical or moral convictions; union affiliation; health condition or sexual preference, or any other considered as personal or sensitive data, regulated or protected under data privacy laws.
4. d. “Site” means the Site, and the software, hardware, tangible and intangible rights or assets, either property, managed, licensed or used by Rainbow Jeans, at its principal place of business, for operating and making available the Business to internet users, and includes without limitation registered accounts, Site Content and information posted and accessible therein.
5. e. A “User” is someone who accesses, browses or in any way uses the Site or Site Content.
2. Purpose, Scope and Intent
2.1. Rainbow Jeans has created and established this Site as part of the Business. To carry out the Business, we make services available through our Site to assist you and others.
2.2. The purpose of this Privacy Policy is to set out the principles governing our collection, use and disclosure of the Personal Information we may obtain about you during your visit to or use of the Site or otherwise (the “Purpose”).
3. Information We Collect from You
3.1. We collect your Personal Information primarily from you. We may also collect it from other sources including agents and contractors or other third parties who represent that they have the right to disclose the information.
3.2. When you register for an Account, we may collect from you certain information, including but not limited to the following: a username, password; your first and last name and email address; mailing address; phone number; and information regarding your experiences with us.
3.3. From time to time, we may request other Personal Information in order to provide features, functions or services, but you will always have the choice to decide whether or not to provide the requested information. If you access the restricted access portions of the Site or request certain services, you may be required to provide additional Personal Information.
4. Your Consent
4.1. We may collect, use or disclose your Personal Information only with your consent or as permitted or required by law. By providing Personal Information to us, you are expressly consenting to its collection, use and disclosure as set forth herein, and particularly in a manner that Rainbow Jeans may consider in its soles discretion as advisable and beneficial for the best interest of the Business.
4.2. We may also obtain your specific consent in your registration of an Account or other document, or by facsimile, electronic mail or telephone / personal conversations with our employees, representatives or agents.
4.3. We also obtain consent from an individual representing to us that he or she has the authority to provide such consent.
4.4. The form of consent may vary depending upon the circumstances and the type of information, including the sensitivity of the information and your reasonable expectations.
4.5 You may opt in to or out of receiving marketing or promotional communications from us at the time of registering an Account or subsequently by contacting us or by online subscribe / unsubscribe. You may withdraw your consent for any other identified purposes at any time, subject to legal and/or contractual restrictions and reasonable notice. We may not be able to provide you with a particular service, including without limitation access to an Account or the Site, if you withdraw your consent to certain uses of Personal Information.
5. What We Do with Your Personal Information
5.1. Personal Information provided by you in connection with your business relationship with us, may be used by, collected by and/or disclosed by us (including our agents and member organizations) for the following purposes:
5.1.1. To evaluate your Account registration application and your eligibility for an Account;
5.1.2. To enable us to enter into and carry out contractual relationships with you, including without limitation the Terms of Use, inclusive of the Registration Terms and Conditions, and purchases of products and services from Rainbow Jeans by you;
5.1.3. For contract management and administration;
5.1.4. To provide information and services that you request, and to respond to your comments and inquiries;
5.1.5. In connection with facilitating your purchases of products and services from Rainbow Jeans, including without limitation providing required information to carry out processing of payments and delivery of goods;
5.1.6. In top-level aggregated form to attract users and other Account Holders, as well as to expand, reduce and otherwise make changes to the Site (such aggregated reports will not contain personally identifiable information);
5.1.7. For marketing and promotion of products and services to you from Rainbow Jeans and or third parties with which Rainbow Jeans has a relationship;
5.1.8. To meet legal and regulatory requirements or to disclose information when we believe in good faith we are compelled to do so by law, a subpoena, court order, regulatory body or similar legal procedure;
5.1.9. If we believe in good faith that the disclosure is necessary to prevent physical harm or financial loss or to report suspected illegal activity;
5.1.10 In connection with business relationships involving Rainbow Jeans, but only where such third party receiving this Personal Information first agrees to be bound by the terms of this Privacy Policy;
5.1.11. To analyze data individually or in aggregate to assist in our internal economic and demographic projections and to display that aggregated data; and
5.1.12 As may be otherwise authorized by you.
5.2 If your Personal Information is to be used or disclosed for any new purposes, we will, to the extent required by law, identify these new purposes prior to such use or disclosure and, if required, obtain your consent.
5.3. We will not sell any of your Personal Information that you provide us or provide to a third party for the purpose of solicitation by a third party.
5.4. We may aggregate information (gather up data across all User Accounts) or anonymize such information that is not publicly available, including User generated Content, in a manner that creates non-identifiable information and disclose such information to third parties for other marketing, promotional, statistical and useful purposes. In these situations, Rainbow Jeans does not disclose to these entities any Personal Information.
5.5. In some cases Personal Information may be disclosed, processed and/or stored outside of the country in which you or we reside, and therefore may be available to government authorities under lawful orders and subject to laws applicable there. By providing us with any Personal Information, you consent to the transfer of your Personal Information to such other countries and to the privacy regimes and laws applicable there.
6. Privacy and the Internet
6.1. On the Site we may also collect information that, alone, cannot be used to identify users. Examples of these types of non-Personal Information include IP addresses, cookies, Internet tags and navigational data.
6.1.1. An Internet Protocol (IP) address is a number automatically assigned to users’ computers when they access the Internet. This number does not identify the user’s name, e-mail address or other Personal Information. This information may be used to perform certain operations including without limitation to measure web site traffic, to help to understand how people are using the web site and to improve the web site and services provided.
6.1.2. "Cookies" are small text files that our Site sends to your browser and asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. Cookies helps us analyze data about our web page traffic and general Internet usage, such as recognizing repeat visitors, while allowing us improve our website to understand how and when pages are visited. We only use this information for statistical analysis purposes and then the data is removed from the system. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but can usually modify your browser settings to decline cookies if you prefer. This may prevent some parts of the Site from functioning properly if cookies are disabled.
6.1.3. Internet tags are smaller than cookies and tell the Site server information such as the IP address and browser type related to a user’s computer. Tags may indicate how many times a page is opened and which information is consulted.
6.1.4. Navigational data (including log files) are used for system management, to improve the content of the Site, for market research purposes and to communicate information to visitors. This may include the web site you came from, your browser type, domain name and time and date of access.
6.2. The Site and electronic message sent by or on behalf of Rainbow Jeans may contain links to other sites. The provision of these links is for your convenience only, and does not constitute an endorsement, recommendation or approval of such other sites. This Privacy Policy is no longer applicable when you leave our Site by way of links or otherwise. Linked sites may or may not maintain their own independent privacy policies and procedures. You should consult these policies and procedures before providing any Personal Information to these linked sites.
7. Maintaining the Accuracy of Your Personal Information
7.1. You are solely responsible for the accuracy, completeness and up-to- date aspect of the Personal Information you provide to us. We shall use reasonable efforts to keep our records of your Personal Information accurate, complete and up-to- date based upon the Personal Information we receive from you.
7.2. You or a person authorized by you, are responsible for informing us about changes to your Personal Information that are necessary to fulfill the identified purposes, such as but not limited to: if your name or address changes; or if a contact person changes.
8. Safeguarding Your Personal Information
8.1. We take commercially reasonable precautions to protect your Personal Information (regardless of the format in which it is held) against loss or theft, unauthorized access, unauthorized disclosure, copying, use, or modification, through safeguards appropriate to the sensitivity of the Personal Information.
8.2. Access to your Personal Information is only given to our employees who need to know the information and whose duties reasonably so require the information in order to fulfill the identified purposes.
8.3. Rainbow Jeans has adopted physical, procedural and technological procedures, including firewalls, in an effort to keep your Personal Information safe. Our Site uses SSL technology, which is an open protocol for secure data communications across computer networks. Data transmitted over the Internet, however, is not guaranteed to be secure and we do not guarantee, warrant or represent that the Personal Information you provide will be transmitted securely or protected completely against interception, loss, misuse or alteration. Rainbow Jeans accepts no responsibility or liability for any damages that may result where Personal Information submitted by you has not been securely transmitted, or has been intercepted, lost, misused or altered.
8.4. Rainbow Jeans uses commercially reasonable technical, physical, operational and procedural safeguards to protect Personal Information and Your Content from loss, misuse, alteration, and unauthorized access or disclosure. Due to the nature of Rainbow Jeans’s business, including its dependence on the public Internet, Rainbow Jeans cannot ultimately ensure that private communications and Personal Information and Your Content will not be intercepted by third parties or otherwise obtained in ways not described in this Privacy Policy. Although Rainbow Jeans attempts to protect the privacy of users, Rainbow Jeans cannot absolutely guarantee that such information will remain private. While no security measure can guarantee against compromise, Rainbow Jeans regularly reviews and updates its security measures in an effort to provide appropriate security for all information held by Rainbow Jeans.
8.5. We retain your Personal Information only as long as necessary or relevant (1) for the identified purposes, (2) as required by law, (3) as required by agreements with third parties related to the Business, (4) where we use your Personal Information to make a decision about your application to register an Account, long enough to allow you access to the information for a reasonable period of time after the decision has been made, and (5) where your Personal Information is the subject of a request from you, for as long as is reasonably necessary to allow you to exhaust any recourse you may have under the law. We shall use commercial reasonable efforts and protocol to dispose of or destroy your Personal Information to prevent unauthorized parties from gaining access to the information.
9. Special Note About Children
9.1. The Business and the Site is not directed towards children, nor does Rainbow Jeans believe that the Business or the Site will be of interest to children. Rainbow Jeans recognizes, however, the important safety issues regarding children who access the Internet. Rainbow Jeans does not knowingly collect, use, or disclose Personal Information from children, and is committed to complying with all applicable laws and requirements. To remove the information related to a child who has registered an Account and permanently remove all Personal Information regarding this child from the Business database, you should contact our Privacy Officer as provided for herein.
10. Promotional Communications
10.1 When registering an Account, we may offer you the option of receiving notification of special offers by us and other promotional information. You must indicate your positive consent to receive this valuable service.
10.2 From time to time, we may request information from you via surveys or otherwise. Participation in these surveys or other means is completely voluntary and you therefore have the choice whether or not to disclose the requested information. Information requested may include contact information (such as name, email address and shipping address), and demographic information (such as postal/zip code, etc.). Survey information will be recorded on an individual basis for the purpose of monitoring or improving the quality of the Business and Business offerings.
11. Fraud
11.1. If we suspect fraud by an Account Holder, we may investigate and report any evidence, including personally identifiable information, to law enforcement and to the courts in the course of seeking remedies in law or equity.
11.2. Any suspected breaches to the security of the Site should be immediately reported to our Privacy Officer as provided for herein.
12. Individual Access
12.1. Subject to restrictions detailed herein and within reasonable terms, you may obtain access to files on your Personal Information by making a formal request to our Privacy Officer.
13. Account Cancellation
13.1. You may cancel, close and terminate your Account at any time in accordance with our Registration Terms and Conditions
14. Language and Governing Law
14.1. Where we provided you with a translation of the English language version of the Privacy Policy or any other documentation, you agree that the translation is provided solely for your convenience and that the English language versions of the Privacy Policy and any other documentation will govern the Privacy Policy and your relationship with Rainbow Jeans and the Business. The parties have required that the Privacy Policy and all related documents be drawn up in English. Les parties ont demandé que ces politique de confidentialité ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
14.2. Governing Law. This Privacy Policy and all actions contemplated by the same shall be governed by and construed and enforced in accordance with the internal laws of the Province of Ontario, Canada, including the principles of conflict of laws thereof. All acts involving the registration, use or operation of any Account or of the Site shall be deemed as accessed, entered, perfected or finally accepted, at the place of the location of Rainbow Jeans’ headquarters, irrespective of the location of the Site servers. All acts shall be considered as lastly accepted and perfected by Rainbow Jeans and at Rainbow Jeans’ headquarters.
15. Our Privacy Policies and Practices
15.1. By using the Site, you consent to the collection and use of your information as Rainbow Jeans has outlined in this Privacy Policy and to the Terms of Use. Rainbow Jeans reserves the right to change, modify or update the terms of this Privacy Policy at any time without notice. Rainbow Jeans posts the revised Privacy Policy on the Site and indicates the date of the current statement below, so you know when it was last updated. You are responsible for regularly checking the Privacy Policy for revision. Non-material changes will take effect immediately. Material changes will take effect 30 days after their posting. Any use by you of the Site after such effective date signifies your consent and agreement to the modified Privacy Policy.
15.2. You may challenge the accuracy and completeness of your Personal Information held by us and ask us to amend the information as appropriate. Under certain conditions as permitted or required by law, we may not provide you with access to your Personal Information kept in our file. Where we refuse your request, we will identify the reasons for refusing the request. If a complaint is found to be justified, we will take appropriate measures including, if necessary, amending our policies and practices.
15.3. We have appointed a Privacy Officer who shall be accountable for our compliance with applicable privacy laws and this Privacy Policy. If you have inquiries regarding your Personal Information held by us or if you wish to address a challenge regarding our compliance with this Privacy Policy, you may contact our Privacy Officer in writing at the address listed below:
Over The Rainbow Ltd.
55 Bloor Street West, Suite 123
Toronto, Ontario, Canada
M4W 1A5
Attention: Privacy Officer
☏ 416-967-7448 | ✉ [email protected]
All inquiries and concerns will be fully investigated and responded to by our Privacy Officer.
This Privacy Policy is subject to applicable privacy laws and our right to change it at any time at our sole discretion.
Posting Date: May 14, 2020