How We Collect Information
We may collect Personal Information from a variety of sources, including:
directly from You or any End Users or Visitors
from Kickflip Partners
automatically, from devices used to access the Public Website and/or the Services
Information We Collect
Personal Information collected may include:
other information that any person chooses to provide
How We Use Information
We use Personal Information we collect to:
provide the Services requested
analyze the use of and improve the Services
operate Kickflip’s business generally
comply with applicable laws and Kickflip’s policies
How We Share Information
Kickflip may share Personal Information it collects:
in connection with the provision of the Services
in case of a business transaction
for law enforcement
PUBLIC WEBSITE AND SERVICES INTENDED USERS
THE SERVICES ARE INTENDED FOR USE BY YOU ONLY.
DEFINITIONS AND INTERPRETATION
Application means Kickflip’s application, which is compatible with various electronic devices and accessible through web browsers.
Cookies designates the small text files that are placed on the hard disk of devices when someone uses the Services or accesses the Public Website, which may either be temporary and disappear when such devices are turned off, or be permanent and stay even after such devices are turned off.
De-Identified Information means Personal Information from which the name or other identifier has been removed, so that it can no longer be linked to an individual.
End Users means Your clients having access to the Services as being part of Your platform, products or services.
Kickflip designates 9219-4695 Quebec Inc., a corporation carrying on business under the name Kickflip, dully constituted under Part1A of the Companies Act (Quebec), CQLR c. C-38, and now governed by the Business Corporations Act (Quebec), CQLR c. S-31.1.
Kickflip Partners designates the business partners assisting Kickflip in the development or provision of the Services, such as, but not limited to : (i) Facebook, Instagram, LinkedIn and other social media offering marketing or promotional tools and platforms, (ii) Shopify, Magento and WooCommerce, which are cloud-based, e-commerce platforms offering online selling capabilities, (iii) Hubspot, a cloud-based, Software as a Service platform offering customer relationship and marketing automation platforms to enterprises and (iv) Amazon, a server location and cloud computing platform, allowing the storage of various information (including Personal Information).
Other Forms of Technologies means (i) the web beacons, which are small electronic files contained in webpages and electronic communications; (ii) server log files; and (iii) embedded scripts, which are codes designed to collect information about interactions with the Public Website, or Your access to the Services available via Your private web access.
Personal Information means any information about an identifiable individual, such as his/her name, telephone number, address, e-mail address, financial information and other personal information disclosed by You or by any End User or Visitor.
Public Website means Kickflip’s public website available at https://gokickflip.com/ or any other URL, as may be applicable from time to time.
Services means Kickflip’s e-services and customization engine, namely the customization platform and its various functionalities as listed here (i) which is available via the Application that You may install through the website access created for each client by Kickflip, or via the MyCusotmizer Partners’ e-commerce app stores, and (ii) which allows You to engage Your End Users in outstanding design-your-own experiences.
Visitor means any person browsing on the Public Website.
You means any client of Kickflip, including any of its respective directors, officers, employees, agents and other representative subscribing to the Services.
Unless the context requires otherwise: (i) grammatical variations of any term defined herein have a similar meaning; and (ii) words importing the singular number shall include the plural and words importing the masculine gender shall include the feminine and neutral genders and vice versa.
COLLECTION AND USE OF PERSONAL INFORMATION
Information obtained directly from You and/or Your End Users
Request a free demo
Should You wish to request a demo of the Services via the Public Website, Your representative will be required to disclose his/her first and last name, the name of the company where he/she works, and his/her telephone number and e-mail address. Such information is required to allow Kickflip to authenticate that representative and to contact him/her to eventually create temporary accounts and provide You with such demo.
Purchase of Services
In order to subscribe to the Services online, You could:
either contact Kickflip – via e-mail or via its Public Website live chat feature – in which case Your representative will be required to disclose his/her first and last name, the name of the company where he/she works, and his/her telephone number and e-mail address. Such information is required to allow Kickflip: (i) to authenticate your representative, (ii) to proceed with the registration process; and (iii) to contact Your representatives to send him/her with the line of code required to access a unique webpage created and eventually create accounts and provide You with the requested Services. During that process, Your representatives could also disclose any additional information, including Personal Information, he/she wishes to submit to Kickflip;
or install the Application via Kickflip Partners’ e-commerce app stores or platforms (in which case some information including Personal Information required to create Kickflip account will be relayed to Kickflip). Should You not have an account on Kickflip Partners’ e-commerce app stores or platforms, then You may have to open Your own account following the instructions available online on these platforms.
Once the Application is installed, user accounts will need to be created.
Creation of online accounts
A user account will need to be created in order for You to use the Services. In this regard, Kickflip will configure and open an administrative account for Your designated representative and any other types of accounts as may be required.
In order to create such account, such representative will be required to disclose to Kickflip the following information: the name, surname and e-mail address of each of Your user that will need to have access, manage and/or use the Services and the login name and staff unique identifier. The foregoing information is required to create users’ unique account and to authenticate Your users each time they sign in.
Your representative will also be required to disclose to Kickflip the type of account needed (e.g. administrative, other) for each user to ensure that such user be provided with the proper rights, levels and types access to the Services, including as applicable the right to upload, edit, approve or delete files and edit records, or to review and consult information and records created or uploaded. As such, Your users should be given access only to the information, including Personal Information, he/she is entitled to consult, all in accordance with the instructions received from Your designated representative.
Note that such Personal Information will be linked to Your business to ensure that such accounts are created properly and interconnected with relevant information.
If Your users decide to change the strong password initially provided to them by Kickflip, they will be responsible for choosing another strong password.
Should any of Your users have difficulty logging in or need to modify his/her password, then he/she may either reset such password online or contact Kickflip as provided for below. To ascertain Your user’s identity and provide him/her with a new password, such user will be required to disclose: (i) his/her full name and e-mail address in the case of an online request; and (ii) his/her full name, login name, company zip code, and company phone number in case of a request made over the phone. Additional information may be disclosed by Your users as deemed necessary or desirable by that person.
End Users’ orders
When any of Your End Users wishes to customize an order using Kickflip’s Services embedded in Your products/services, a file with the customization configurations selected by this End User will be created automatically by the Services. Such information might constitute or include Personal Information about Your End User, depending on the customization chosen and the type of information provided by that End User when placing an order (e.g. if the End User wishes that his/her name appear on the products he/she purchases from You). As part of the provision of Services, Kickflip will need to access and use the information contained in that file. In this regard, You are responsible for ensuring that Your End Users are made aware of the foregoing and agreed to such use.
Comments, requests for information and referrals
Should You or any End Users or Visitors, as applicable, contact Kickflip – via e-mail or via its Public Website live chat feature – to obtain information about the Services or about any other matter, then You or any End Users or Visitors, as applicable, will be required to provide Your/their contact information (including Your/their names and if by e-mail, Your/their e-mail addresses). This information is required by Kickflip in order to communicate with such persons and respond to their enquiries, comments or requests for information. You or any End Users or Visitor, as applicable, may also provide additional Personal Information, including when making comments, enquiries or suggestions.
Furthermore, should any person recommend that Kickflip communicate with any third party to provide him/her with information about the Services, then Kickflip will need such third party’s contact information for the above-mentioned purpose; such communication will thereafter be made in compliance with applicable laws.
Kickflip may wish to provide You or any other person with information about its Services. In this regard, Kickflip may use the e-mail address or other contact information You or any other person provide from time to time to provide information about new features or services, or to send news and information regarding the Services and Public Website. Such communications will be sent in accordance with applicable laws. You or such other person may withdraw his/her consent at any time as set forth below. Note that Kickflip does not sell or share Personal Information to third parties for third party marketing purposes.
Facebook and other social media
Any person shall review the privacy settings applicable to these accounts/pages to see the information to which his/her contacts have access and limit such access if required. Should Kickflip collect information available on social media accounts or pages, it shall do so on an aggregate and de-identified basis and for lawful purposes only.
Should You or any End User or Visitor wish (or agree) to render any testimonial, opinion, suggestion or comment available online regarding Your/their appreciation of the Services and/or Public Website, then Kickflip will post such video or written statement on its blog, and may include Your/their name or nickname and any other information You/they agreed to disclose. The person making such testimonial can thereafter request, at all times that said testimonial or other Personal Information be removed from the blog. Kickflip does not, however, control the communications – if any – that such person may receive in connection with any testimonial. Should You or any other person wish to report any communication received regarding a testimonial or other information, then You or such person should contact Kickflip as described below.
Kickflip collects Personal Information that is voluntarily provided when any person applies for a job position via Kickflip Public Website page or any other third-party website, as the case may be. Such application is voluntary, and job applicants choose the information they decide to submit to Kickflip. Personal Information submitted will be shared only with those persons in Kickflip’s organization who need the information: (i) to assess and verify job applicants’ qualifications, knowledge, skills and experience; (ii) to conduct reference and background checks and otherwise to verify the information submitted to Kickflip; (iii) to communicate with job applicants; and (iv) to improve the recruitment process. In addition to the Personal Information obtained from job applications, Kickflip may also, as applicable and in accordance with applicable laws, conduct its own verification and obtain additional Personal Information.
Information obtained from Kickflip Partners
Kickflip Partners may collect information about You or any of Your End Users, as applicable, as follows:
E-commerce App Stores: when You install the Application via an e-commerce app store, any information required for the successful installation of the Application will be received and treated by that App store, which may include Personal Information.
Third parties’ technologies: In the course of providing its Services, Kickflip enters into agreements with Kickflip Partners to have access to the technologies required to use Kickflip’s Services. In other cases, Kickflip Services will be embedded in Kickflip Partners’ technology. In this regard, Kickflip may collect and/or have access to Personal information about You or Your End Users as may be disclosed by Kickflip Partners to allow Kickflip to perform the Services.
Google Analytics: Google analytics will collect data about Your or any End User’s or Visitor’s interactions with the Services and Public Website. In order to do so, Google Analytics will place codes on the Services and Public Website, which will allow Google Analytics to see which information was consulted, the browser used, device and operating device used. Such information will then be processed and will be updated each time You or any End Users or Visitors interact with the Services or Public Website as applicable. The information so collected may be shared (in whole or in part) with Kickflip in order for Kickflip to update, upgrade or otherwise improve the Services and/or the Public Website, or to develop new services.
Information collected using Cookies and similar technologies
When any person navigates the Public Website or when You use the Services, certain information, including Personal Information (such as general browser information, Internet Protocol addresses, the interactions with the Services and/or Public Website and any other information described below) may be collected by automated means, such as through the following types of Cookies and Other Forms of Technologies:
Process Cookies: allow the Services and the Public Website to work properly in keeping track of requests, ensuring the integrity of web pages and allowing You and Visitors to browse from one page to the other.
Security Cookies: are used each time Services are purchased or an account is opened. These Cookies contain an encrypted, unique identifier that is tied to each account and placed in the browser, allowing Kickflip to identify Your representatives when they are logged into their accounts.
Preference Cookies: store information such as Internet Protocol address to allow Kickflip: (i) to personalize the Services or Public Website as applicable, (ii) to recognize You or any Visitor as applicable when using again any Service or when using again the Public Website; and (iii) to enhance browsing experience by avoiding the recurrent selection of preferred settings.
Statistical Cookies: collect data such as the date and time when the Services and/or the Public Website were last used and the frequency of such uses, the pages or content consulted and the manner the Services and/or Public Website were used, the information provided and the features of their operating systems and connection information (e.g. Protocol address). This information is collected for analytical and statistical purposes, such as to determine how often the Services and/or he Public Website or certain specific pages are visited, and what kinds of features and content seem to be most interesting. This information helps Kickflip to improve its Services and/or Public Website according to the needs and interests identified.
Advertising Cookies: help customize ads by remembering the most recent searches made and the interactions with ads. Some Cookies may be used to measure conversion events as well. These Cookies allow Kickflip to make advertising more engaging by selecting advertising that is personally relevant, by improving campaigns performance and by avoiding to display ads that have already been seen. In order to do so, Kickflip will have recourse to Kickflip Partners, such as Google, which use their technology (such as Google Analytics) to achieve the foregoing.
Other Forms of Technologies, such as web beacons can be used to compute how many times a particular web page has been visited and for other related statistics such as recording the popularity of certain content and verifying system and server integrity.
Cookies and Other Forms of Technologies can be blocked unless they are required to allow the Services and/or Public Website to run properly. For instance, while statistical Cookies can be blocked, the situation is different for process and security Cookies, as they are essential for ensuring that the Services function properly. However, even if they cannot be blocked without affecting one’s ability to use the Services, these Cookies are of a temporary nature and accordingly, they will disappear when the browser software is closed or the device is turned off. Anyone experiencing problems with the functionalities of the Services and/or Public Website should contact Kickflip.
SHARING OF PERSONAL INFORMATION
Kickflip does not sell or rent Personal Information. Furthermore, Personal Information is not shared, traded, used or disclosed to third parties for purposes other than those for which it was collected as described herein, unless required or authorized by law or unless proper consent was obtained as applicable.
Sharing made in connection with the provision of Services
Personal Information may be disclosed to Kickflip Partners that facilitate the provision of any Services, such as by providing assistance to Kickflip with respect to the maintenance and development of its Services. Disclosure will be made on a “need-to-know” basis, and after ensuring that proper contractual and other measures are in place.
Personal Information may be transferred to a potential purchaser or other business in connection with any business transaction or corporate reorganization, if such communication is necessary for the purposes of deciding whether to proceed with the sale or other transaction, and provided that such disclosure is made in full compliance with applicable laws or if no specific provision is set forth in applicable laws in compliance with the provisions set forth herein.
Personal Information may be used and disclosed if Kickflip, acting reasonably, believes that such use or disclosure is necessary to comply with any applicable laws, legal process or governmental request, or is otherwise required to protect its rights or to fulfil any other purpose set forth in the applicable law allowing or requiring the disclosure of Personal Information.
Kickflip may use De-Identified Information on an aggregated basis in order to improve the Services and/or the Public Website. De-identified Information may also be used for training, research, promotion, and for any other purposes as such information does not constitute Personal Information.
ACCESSING, CORRECTING AND UPDATING PERSONAL INFORMATION
Requests from You
In accordance with applicable laws, Your representatives may make requests for access or for corrections of Personal Information by contacting Kickflip. Your representatives may also update or change the basic information available on their accounts by editing their account profile. In order to do so, they will need to sign in to the Application or log in their account and enter the profile section.
Any information uploaded, received, saved or stored on their accounts may also be deleted and their accounts may be shut down, in which case all information so uploaded, received or stored (including any End Users’ files) will be deleted. In this regard and as needed, each of Your user is responsible to ensure that copies of that account (or part of its content) be saved prior to the deletion of any account. Kickflip does not keep or have access to copies readily available of such information, and while it might be possible to Kickflip to retrieve backup copies generated automatically in order to recover the information inadvertently deleted, Kickflip does not guarantee the accessibility or the availability of such backups.
Furthermore, should one of Your users leave Your business or otherwise stop being in Your employment, or use his/her account for improper/unauthorized purposes, then You are responsible for taking all measures as may be required, including: suspending his/her access, deleting that account and/or and making any copy of that account content prior to such deletion.
Requests from End Users
Your End Users should contact You – and not Kickflip – should they wish to have access to or to edit the file containing their selected configurations of customization, product orders or any other information they provided. Such requests shall be solely directed to and dealt by You. Should any of Your End Users contact Kickflip, Kickflip will categorize the type of communication to redirect that person to You, as applicable.
SECURITY MEASURES IMPLEMENTED
Kickflip uses measures as may be reasonably required to preserve the security and privacy of Personal Information. Kickflip has notably put in place or currently implements the following measures:
SSL Technology: Each time Services are accessed via Internet, Secure Sockets Layer (SSL) technology protects Personal Information by using server authentication and data encryption. No Personal Information will be communicated prior to this technology being activated, which can be confirmed by looking: (i) at the address bar which will, depending on the browser, have a lock to the left of the website address (URL), and (ii) at the URL or the address bar of the browser, where the first characters of the address in that line should change from “http” to “https”.
Role-based security measures: The Services allow for the creation of various types of accounts each of which has its own access limitations and restrictions. This offers reliable means to ensure that Your users only access, review, process, share, edit, etc. the information they are entitled to access, review, process, edit, share, etc.
Limited access: Access to any Personal Information is granted to Kickflip’s employees, representatives and as applicable sub-contractors on a “need-to-know” basis only.
If, for any reason, the secure servers cannot be accessed or the use of the Services does not provide the assurance required, You or any person shall feel free to contact Kickflip.
Despite the foregoing, You and any End Users and Visitors shall be aware of the following:
GENERAL CONSIDERATIONS: EVEN IF Kickflip USES TECHNOLOGIES, WHICH ARE OF MERCHANTABLE QUALITY SUITABLE FOR THE PROVISIONS OF SERVICES, ANY ELECTRONIC PLATFORMS AND SERVERS – AS WITH ANY OTHER FORM OF FILE – IS NOT INFALLIBLE AND FULLY SHELTERED FROM UNFORESEEABLE OR FORCE MAJEURE EVENTS, CYBERATTACKS OR UNAUTHORIZED USES AND ACCESSES, AND ANY PERSON, SHALL BE AWARE THAT THERE IS A RISK IN TRANSMITTING ANY DATA ELECTRONICALLY. THIS RISK IS INHERENT IN ALL ELECTRONIC DEALINGS, AS WELL AS TO ALL OTHER FORMS OF COMMUNICATIONS. CONSEQUENTLY, Kickflip CANNOT GUARANTEE THAT INFORMATION WILL NEVER BE INTERCEPTED OR VIEWED OR SUBJECT TO OTHER INCIDENTS. SUCH EVENTS MAY OCCUR, PURSUANT TO WHICH DEVICES OR SYSTEMS CAN BE ACCESSED OR CONTROLLED BY UNAUTHORIZED PERSONS, AND UNDESIRABLE COMMUNICATIONS AND INVITATIONS MAY BE RECEIVED. SHOULD YOU OR ANY OTHER PERSON RECEIVE A COMMUNICATION THAT LOOKS LIKE IT IS FROM Kickflip ASKING FOR PERSONAL INFORMATION, YOU OR ANY OTHER PERSON SHALL AVOID RESPONDING TO SUCH COMMUNICATIONS. Kickflip WILL NEVER REQUEST FINANCIAL AND OTHER SENSITIVE INFORMATION THAT WAY. IF YOU OR ANY OTHER PERSON HAVE COMMUNICATED PERSONAL INFORMATION IN RESPONSE TO A SUSPICIOUS E-MAIL, POP-UP OR PHONY WEBSITE CLAIMING TO BE AFFILIATED WITH Kickflip OR IF ANY OF THE FOREGOING EVENTS TAKES PLACE, PLEASE CONTACT Kickflip IMMEDIATELY.
Measures to be implemented: You acknowledge and agree, in Your name and on behalf of Your End Users, that You and any of Your End Users are responsible for implementing and strictly adhering to all physical, electronic, technological, organizational, contractual and other security measures, process and safeguards to ensure that the confidentiality of the files and information You/they sent or received is preserved. In this regard, You shall notably ensure that Your users (i) choose strong account passwords (e.g. by avoiding using consecutive identical characters, and by including numbers, as well as uppercase and lowercase letters) if they decide to change the strong password initially provided by Kickflip, and (ii) maintain the security and confidentiality of their usernames and passwords.
NATIONAL AND INTERNATIONAL DATA TRANSFERS
STORAGE OF PERSONAL INFORMATION
Questions, comments and requests
Withdrawal of consent
Kickflip may communicate with You or other persons as applicable for promotional and marketing purposes. Kickflip will generally use the same means of communication chosen to contact Kickflip or the preferred means so specified. Should You or any person wish to be removed from one or more of Kickflip’s promotional mailing lists, then You or such person should click on the ready-to-use “unsubscribe” mechanism provided at the bottom of each e-mail or simply reply to that e-mail with the word “STOP” or “Unsubscribe”.
Last Updated: December 9, 2018