This Thinkster Privacy Policy was last updated on March 8, 2017.
By using the Thinkster website, service, or any applications made available by Poll Analytics Inc. (the "Platform"), you consent to the collection, transfer, storage, disclosure, and use of your information as described in this Privacy Policy. This Policy applies to all visitors, users, and others who use or access the Platform.
Background
Poll Analytics Inc. (the "Service Provider") is committed to safeguarding the personal information entrusted to Poll Analytics Inc. by the users of the Platform. We manage your personal information in accordance with Canada's Personal Information Protection and Electronic Documents Act ("PIPEDA"), and other applicable laws. Such legislation may change from time to time; where such changes occur, this Policy will be amended as may be required to ensure our continued compliance.
This Policy outlines the principles and practices we follow in protecting your personal information. This policy is effective for Canada only and is to be interpreted so as to be consistent with applicable Canadian federal and provincial laws, and is not intended to grant rights or impose obligations beyond those which exist in such applicable laws.
What is personal information?
Personal information means information about an identifiable individual and may include your name, e-mail address, home address, phone number, age, sex, race, religion, marital or family status, financial information, educational history, etc.
What personal information do we collect?
The Service Provider collects personal information about you with your knowledge and consent through the Platform. Generally, this means that the Service Provider collects your personal information directly from you via the Thinkster Platform including, but not limited to, the following:
Your username, password, email address and other account information;
Profile information that you provide for your user profile (e.g. profile photo, age, gender, and other personal demographic information);
User content (e.g. communications and responses to polling questions); and
Any other information about you which we may be permitted or required to collect by law.
We inform our users, before or at the time of collecting personal information, of the purposes for which we are collecting the information. The only time we do not provide this notification is when a party volunteers information for an obvious purpose (for example, producing a credit card to pay a membership fee when the information will be used only to process the payment).
How do we use and disclose your personal information?
The Service Provider uses and discloses your information only for the purpose for which it was collected and in accordance with the consent provided.
The Service Provider collects data from user accounts and the responses to such polling questions, processes it, and sells it third parties (the "Customers"). Customers may include businesses and other for-profit organizations, as well as non-commercial organizations or applications, such as use by teachers or professors in an educational setting. Customers may also purchase the right to sponsor polling questions relating to their organization and advertising space through the Platform.
The data which is provided by Customers will be de-identified (i.e. information which may be reasonably expected to identify an individual, such as name, phone number and street address have been removed) and will be disclosed on an aggregated basis where possible. Customers are not provided with your direct contact information.
The Service Provider has no control over the data once it has been delivered to the Customer. The Customer may use the data for any purpose it deems reasonable including, but not limited to, running targeted advertisements and offers to users of the Thinkster Platform. The Customer is responsible for protecting the data in accordance with its own privacy policies and applicable laws. Accordingly, if you have any concerns about a third party's use of the information and/or your privacy rights, please contact the Customer's Privacy Officer.
The Platform also permits users to communicate with other users directly and to add other users as "friends" (collectively, "Communications"). While such Communications are sent through the Platform, the Communications identify you as the sender and are only sent upon your request. Although direct messages with other users may be intended to be private, please remember that recipients may copy, store, and re-share the contents of your communications. The Service Provider will not inspect or disclose the contents of private Communications or personal information, except with the consent of the sender or the recipient, or in situations provided under applicable legislation, or as otherwise required by law, by court or governmental order.
Further, if you choose to respond to a question, the Platform may provide you with information regarding your "friends'" responses to the same question. The Platform may also provide you with a list of other users who have answered a number of questions the same way as you and/or the opposite of you. The Platform uses your information in order to connect "friends" and/or users with similar interests. However, users control their own accounts, including the types of information submitted on the Platform and shared with other users. Further details on account management options are included in the Thinkster Terms of Use: https://thinkster.ca/terms_and_conditions
The Platform makes all responses to each polling question available to all users of the Platform on a de-identified and aggregated basis as described above. These results are filterable based on personal demographic information, but at no time will identifiable polling results be made available to all users or Customers. Identifiable information is only shared with "friends" with your clear consent. You may elect to answer questions on an anonymous basis at your own discretion. If a user answers a question anonymously, no identifiable information will be linked to that response or shared with other users, including your "friends".
Lastly, the Platform also provides public discussion panels for every polling question. Comments made on discussion panels within the Platform are public and may be viewed by all users of the Platform.
Your Consent
We do not collect or use personal information for any purpose, unless we have first obtained the consent of the individual to whom it relates. Such consent may be express or implied, as may be required pursuant to applicable law, or as may be reasonable based upon the circumstances, and will always be informed so that the purpose for the collection or use is identified and communicated to the individual from whom the information is collected.
We may assume your consent in cases where you volunteer information for an obvious purpose. If we plan to use or disclose your personal information for a purpose not disclosed in this policy or elsewhere to you, we will make efforts to let you know about that purpose before such use or disclosure. If you choose to voluntarily submit personal information to the Service Provider by e-mail, online forms or other means, we will consider that you have done so with your consent for purposes reasonably related to your providing the information and for the purposes set out in this policy.
We assume, unless you tell the Service Provider otherwise, that by continuing to use the Platform after having had this policy made available to you that you consent to the continued collection, use and, where applicable, disclosure, of personal information for the purposes for which the information was collected and as are set out in this policy.
We ask for your express consent for some purposes, such as use of the Platform, and may not be able to provide certain services if you are unwilling to provide consent to the collection, use or disclosure of certain personal information. Where express consent is needed, we will normally rely on an "opt-in" consent, which you can do by choosing to participate in the polling questions only as you want or by checking the appropriate box on our registration form.
It is your choice to provide personal information to the Service Provider. The amount of personal information you disclose to other users when communicating through the Platform is also entirely your choice, but you should keep in mind that we have no control over the other individuals participating so you should not disclose any personal information in such context that you are not prepared to have become fully public. If you are participating in our polling questions, you will have the option of answering questions anonymously or choosing not to answer specific questions entirely.
Further, you may withdraw consent to the use and disclosure of personal information at any time, with reasonable notice, subject to applicable laws and contracts signed by you, and unless the personal information is necessary for the Service Provider to fulfill our legal obligations. We will respect your decision, but you may not be permitted to continue utilizing the Platform if we do not have the necessary personal information. If you withdraw your consent to the use and disclosure of your personal information, your friends and other users will no longer be able to view any of your identifiable information. However, you acknowledge that information provided to the Service Provider prior to your withdrawal of consent may remain on the Platform on a non-identifiable and aggregated basis, where possible.
Generally, your consent practices can be managed through your user account settings. Further details on account management options are included in the Thinkster Terms of Use: [insert link]. Any other requests to withdraw consent in relation to the Platform may be made by contacting the Service Provider at the address set out below.
We may collect, use or disclose user personal information without consent only as authorized by law. For example, we may not request consent when the collection, use or disclosure is required in an emergency situation that threatens life, health or safety, or for the purpose of a collecting a debt. If we wish to use or disclose your personal information for any new business purpose, we will ask for your consent.
The Service Provider has structured its practices to comply with the consent and unsubscribing requirements under Canada’s Anti-Spam Legislation (CASL). Where consent is required by CASL, we ensure that you have expressly opted-in or that we have your implied consent (as defined under CASL) to receive the Service Provider's communications before they are sent to you. Further, we ensure that all communications include a clear means to opt-out of receiving any further business and/or marketing messages/notifications from the Service Provider as required under CASL.
How do we safeguard personal information?
We have in place reasonable policies, procedures and safeguards designed to protect the security of personal information under our control. This includes, among other things, user login credentials and data retention and destruction policies. We protect personal information in a manner appropriate for the sensitivity of the information. We make every reasonable effort to prevent any loss, misuse, disclosure or modification of personal information, as well as any unauthorized access to personal information.
However, the Service Provider cannot ensure the security of any information you transmit or guarantee that information on the Platform may not be accessed, disclosed, altered, or destroyed. You are responsible for maintaining the secrecy of your unique password and user account information, and for controlling access to communications between you, the Service Provider, and other users, at all times. We are not responsible for the functionality, privacy, or security measures of any other organization.
We make every reasonable effort to ensure that personal information is accurate and complete. This may involve requesting further information or updates from you. We rely on individuals to notify the Service Provider if there is a change to their personal information that may affect their relationship with our organization. If you are aware of an error in our information about you, please let the Service Provider know and we will correct it on request wherever possible. In some cases we may ask for a written request for correction.
How do we store personal information?
Information may be stored in the Platform or in the record storage facilities of Poll Analytics Inc. or other service providers. Where we use service providers who might have access to personal information, we select them carefully and require them to have privacy and security standards that meet Poll Analytic Inc.'s requirements. We use contracts and other measures with our service providers to maintain the confidentiality and security of your information and to prevent it from being used for any other purpose.
Poll Analytics Inc., its service providers and other parties with whom we share information under this privacy policy, may perform activities outside of Canada. As a result, your information may be securely used, stored or accessed in other countries and be subject to the laws of those countries. For instance, information may be shared in response to valid demands or requests from government authorities, courts and law enforcement officials in those countries.
How do we provide access to records containing personal information?
Individuals have a right to access their own personal information in a record that is in the custody or under the control of the Service Provider, subject to some exceptions, and according to applicable law.
You may make a request in writing at any time for:
Access to your personal information, if any, under our custody or control;
Information about the purposes for which your personal information under our custody or control has been and is being used by us;
The names of persons or entities to whom, and the circumstances in which, your personal information has been and is being disclosed by us; or
A correction of an error or omission in your personal information.
We require that all such requests be in writing. We reserve the right to require sufficient information and detail from the individual in question in order to properly identify you, confirm your right to access the information, locate the information and provide a response. Requests may be sent to the Service Provider at the address set out below.
Your ability to access your personal information in our custody or under our control is not absolute. Applicable law or regulation may permit or require the Service Provider to withhold some of this information or the information may have been disposed of in accordance with our policy on retaining records. If we refuse a request in whole or in part, we will provide the reasons for the refusal. In some cases where exceptions to access apply, we may withhold specific information and provide you with the remainder of the record.
We will respond to your request within 30 calendar days, unless an extension is granted. Generally, there is no cost for such access to information. However, we reserve the right to charge a reasonable fee to provide information. We will advise you of any fees that may apply before beginning to process your request. Our response to requests for access to personal information will be in writing, and will confirm whether we are providing all or part of the requested information, whether or not we are allowing access or providing copies, and, if access is being provided, when that will be given.
How do we amend this policy?
We reserve the right to modify or update this policy from time to time as required and without notice by posting an amended version on our website, so please review our website periodically. Your continued use of the Platform after any amendment to this Privacy Policy will constitute your acceptance of such amendment. Any such amendments will be effective as of the date that they are posted.
How do I ask a question or make a complaint?
If you have a question or concern about any collection, use or disclosure of personal information by the Service Provider, or about a request for access to your own personal information, please contact the Service Provider at:
Poll Analytics Inc.
1249 Pandora Avenue West
Winnipeg, Manitoba, R2C 1N4
Attention: Joseph Sworyk
Phone: 204-451-5154
E-mail: joe@thinkster.ca
If you are not satisfied with the response you receive, you have the right to contact the Manitoba Ombudsman, Access and Privacy Division:
Manitoba Ombudsman, Access and Privacy Division
750 – 500 Portage Avenue
Winnipeg, Manitoba R3C 3X1
Phone: 204-982-9130
Toll Free: 1-888-665-0531
E-mail: ombudsman@ombudsman.mb.ca
Website: www.ombudsman.mb.ca