1.1 TOOBER is a subscription streaming service providing subscribers with access to audio-visual or audio content on a streaming basis made available by us and our content suppliers that choose to make their content available through our TOOBER-branded service (the “Service”). The Service is provided by or on behalf of TOOBER INC., a corporation incorporated under the laws of Canada (“us”, “we”, “our” or the “Company”). The Service is available to you from time to time on any software application that you have downloaded to use the Service. “You” and “your” means, as applicable, you and every person who uses the Service through your account.
1.2 This Privacy Policy sets out the terms on which the Company may collect and use information provided by you or collected in connection with your use of the Service. THIS PRIVACY POLICY IS INCORPORATED INTO OUR TERMS OF SERVICE BY REFERENCE. BY USING THE SERVICE OR CLICKING TO ACCEPT OUR TERMS OF SERVICE YOU AGREE TO THIS PRIVACY POLICY.
1.3 This Privacy Policy also applies to information provided by you or collected in connection with your use of other Company products and services, including Company websites, communications (including by e-mail or phone) and other applications and software. These other Company products and services are considered to be included in the term “the Service” for the purposes of this Privacy Policy.
1.4 We do not knowingly collect, hold, use or divulge any information from children under the age of 13, unless a parent or legal guardian has consented to it. If you believe that information has been collected from children under the age of 13 without your consent, you may contact the Company as set forth in the Section “Contact the Company about Privacy”.
2.1 When you access, use, or register for the Service, or interact with us in other ways (including through our website or in other communications), you may provide us with information that can be used to identify you or is associated with your identity. That includes, for example, information that you provide when subscribing to the Service, creating or updating an account, customizing your profile, signing up to receive communications, posting ratings or comments, setting viewing preferences within the Service, or communicating with us by other means. In addition to information that can be used to identify you or is associated with your identity, we may anonymize information or collect information related to the content you view and how you interact with the Service or other products and services on an anonymous basis and we may aggregate that information with similar information of other users.
2.2 The information you may provide to us may include:
2.3 You can choose not to provide certain information, but then you might not be able to use the Service or our other products and services or all of their functionality.
2.4 the Company also gathers and may allow third parties to collect information, including information which is generated by your devices or computers when you interact with the Service, such as location information and IP address. See the Sections "Use of Cookies " and "Online Advertising" for more information on this topic.
3.1 the Company generally collects and holds your information in connection with the Service and other products and services to:
3.2 The legal basis for using the information for the Purposes is usually a contractual basis (i.e. to provide you with the Service) or because you have consented to such Purposes. However, the Company may also rely on other legal grounds, for example, where the processing is necessary for its legitimate interests or for compliance with legal obligations to which it is subject.
3.3 the Company's software may include the opportunity to disable certain software features to increase your level of privacy. However, certain technical information (e.g., certain device information, your postal or zip code) may be automatically transmitted between networked servers to authenticate access to the Service, enable their delivery, or optimize your use of the Service based on your device.
3.4 We will not rent or sell your information to third parties and will not share it with third parties without your consent unless it is necessary to do so by law or for the Purposes as set forth in and in accordance with this Privacy Policy.
4.1 The Company may disclose your information to third parties to the extent such disclosure is required for the Purposes. the Company may use third parties to facilitate its business, such as payment processors, hosting services providers, contractors for sending out e-mail updates about the Company and the Service or for providing customer support services. In connection with these business operations, the Company's contractors and service providers may have access to your information collected by the Company for use for a limited time in connection with these business activities. Where the Company utilizes third parties for the processing of any information, the Company implements reasonable contractual and technical protections for such third parties to keep all information they process strictly confidential. Please note that these third parties may be located in other countries where the laws on processing personal information can differ from the laws of your country of residence.
4.2 The Company may also disclose your information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform with the law; (b) comply with the order of a competent judicial authority in any jurisdiction; (c) comply with legal process served on the Company; (d) protect and defend the rights or property of the Company; (e) enforce or verify your compliance with any part of the agreements that you enter into with the Company, if any; (f) prevent fraud or other illegal activity perpetrated through the Service; or (g) act in urgent circumstances to protect the personal safety of users of the Service or the public at large.
5.1 The Service may contain links to other websites, applications or platforms. Also, you may access the Service using devices and platforms that are provided by third parties. Those third parties may collect and use your information independently of us. Please read the privacy policies of these third parties to understand their privacy policies and data collection practices. This Privacy Policy does not apply to the information collected by these third parties. It applies solely to information collected and processed by the Company or on its behalf.
5.2 The Service may sometimes offer you the possibility to post and share information regarding your activity on the Service (the “Content”), to journals, blogs, message boards, classifieds or any other form of social media platform or public forum. The use of such information that you choose to post or share will be governed by the privacy policies of such third parties. When this functionality is available, you may choose to link your Service account to your social media accounts (e.g. Facebook, Twitter, Google+), in which event you consent to the sharing of your information from your social media accounts to us and to having your activity on the Service automatically shared on your social media accounts timeline and/or profile pages. You can disconnect your the Company account from your social media accounts through your the Company account.
5.3 Children under the age of 13 will not have the possibility to share their Content through the Service without your prior consent. Once you consent to the sharing of the children’s Content, this feature will be available for all the Content generated, including the Content generated before your consent, until you disactivate the functionality through your the Company account.
5.4 For the avoidance of doubt, you acknowledge and agree that you are solely responsible for any use by any third-party of the information and/or Content that you decide to post or share, for yourself or the children under the age of 13, on any journals, blogs, message boards, classifieds or any other form of social media platform or public forum using a functionality offered on the Service.
6.1 The Company will retain your information only for as long as necessary to fulfill the Purposes for which it was collected, or as required for our legitimate interests, or to comply with applicable legal, tax or regulatory requirements. After such time, any information held by us will be destroyed, deleted or made anonymous.
6.2 The Company takes appropriate precautions to protect your information. The Company uses physical, electronic, and procedural safeguards that comply with applicable regulations to protect your information.
7.1 As a necessary part of provide the Service or if you have consented to receive messages, we may contact and send messages to you, including by e-mail or other means of electronic communication, about the Service or for any other reason to which you have consented (“Messages”).
7.2 You may opt-out of receiving Messages in accordance with instructions set for in Messages, as set forth in the Section “Contact the Company about Privacy”, or by other means we may provide. However, we may continue to send you Messages to inform you about available upgrades or critical technical service issues relating to the Service that you requested or purchased, or to provide you with important information on your account.
8.1 A cookie is a small text file that is stored in a dedicated location on your computer, mobile device, tablet or other device when you use your browser to visit an online service. Other tracking technologies, such as web beacons, tracking pixels and mobile identifiers may be used for similar purposes. In this Privacy Policy, all of these tracking technologies are collectively referred to as “Cookies”.
8.2 We use essential Cookies that are required for optimum operation of the Service, and which cannot be configured or opted out. Such essential Cookies are used to authenticate users of the Service, to remember users’ custom preferences, to offer users the key functions of the Service, to authorize access to certain premium or trial content and product features, and to secure the Service against any attempted fraud.
8.3 The Company and/or its third party partners also use non-essential Cookies in connection with the Service and Messages. Such non-essential Cookies may be used to provide you with a tailored experience when visiting the Service, to provide advertisements about goods and services likely to be of interest to you, to analyze advertising conversion rates and monetization rates, to understand traffic patterns on the Service, to help measure and improve the effectiveness of the Messages and to determine whether such messages have been opened and links clicked on.
8.4 Non-essential Cookies can be managed and/or disabled through your browser’s cookie settings, mobile device’s advertising settings and, in the case of the Messages, in accordance with any instructions set forth in the Messages or by other means we may provide. If you refuse Cookies, you may not be able to use all of the features of the Service, and you may still be served with advertising, but such advertising will no longer be as tailored to you.
8.5 If you want more information about how to manage and/or disable non-essential Cookies, visit http://www.allaboutcookies.org/manage-cookies/ and http://www.networkadvertising.org/. To opt out of being tracked by Google Analytics, visit http://tools.google.com/dlpage/gaoptout.
8.6 Any information collected with Cookies by the Company or on its behalf are treated with the same level of confidentiality as any other information held by the Company.
9.1 When you interact with the Service and/or the Messages, we and/or its third-party partners may collect and use certain of your information, to provide advertisements about goods and services likely to be of interest to you. Such information may include information collected with non-essential Cookies as set forth above in the Section “Use of Cookies” and/or information concerning your age and gender, and other similar information that you have provided to us.
10.1 Web browsers can transmit Do Not Track (“DNT”) signals that indicate that a user does not wish to have his/her activity tracked over time and across websites. Currently, no universally accepted standard exists for how to interpret such signals, although work to create consensus is ongoing. Accordingly, and because the Company does not track its users over time and across third-party websites, the Company does not respond to such DNT signals.
11.1 The Company may revise this Privacy Policy from time to time to keep it up to date with applicable legislation and upgrades and other changes to the Service. Updated notices may be used to alert users to recent changes and to the date of the last update, but the posting of the revised Privacy Policy on the Service shall be considered sufficient notice to you. Unless stated otherwise, the Company's current Privacy Policy applies to all information that the Company has about you.
12.1 The Company will take prompt corrective action when it learns of any failure to comply with this Privacy Policy. Unless prohibited by applicable laws, the Company shall not be liable for any incidental, consequential or punitive damages relating to this Privacy Policy.
12.2 You may file a complaint with a competent authority at any time if you believe that the Company is not processing your information in a manner that is compliant with this Privacy Policy or with the applicable laws.
13.1 By using the Service, you are consenting to have your information transferred to and processed in Canada and the United States. Your information will be held by the Company in Canada or the United States. We may also subcontract processing to, or share your information with third parties located in other countries, including countries other than your home country. In such case, we will ensure that your information is transferred to countries that have received an adequacy decision from the European Commission, or that your information is adequately protected by appropriate technical, organizational, contractual or other lawful means. The European Commission has recognized Canada as providing adequate protection to personal data. As a result, the Company may transfer your information from the European Economic Area (“EEA”) to Canada without any further safeguard being necessary.
13.2 If you would like to obtain more information on these security measures, please contact the Company as set forth in the Section “Contact the Company about Privacy”.
14.1 If you have questions about the privacy aspects of the Service, would like to know more about the Company’s legitimate interests, would like to make a complaint, to withdraw your consent (if any), to object to the use of your information by the Company, to request access to the information the Company holds about you, to modify, delete or correct such information, if you wish that the Company discontinues or limits the use of your information, or if you wish to receive a copy of all information that the Company has about you in a structured, commonly used and machine-readable format, please do so through the “Contact Us” section or link on the Service, when such link is available, or please contact the Company at:
14.2 TOOBER INC 120 Amber Street. Markham Ontario M3R 3AR and/or by e-mail to: legal@toober.com
14.3 We will review, consider and accept, modify or deny your request as required and permitted by applicable laws.
14.4 the Company is the data controller for the purposes of the personal data processed under this Privacy Policy.
Version 1.0-Updated July 15/2021
