1. Who We Are
We are 360insights.com (Canada) Ltd. as well as our family of affiliated companies, including 360insights.com USA, Inc., and 360insights.com UK Limited (collectively referred to herein as “360insights,” “we,” “us,” or “our”). Data protection laws in several jurisdictions draw comparison between the “controllers” and “processors” of Personal Information. In general, 360insights performs the role of a processor on behalf of our clients who are the controllers.
3. If You Elect Not to Provide Personal Information
You may choose not to provide us with your Personal Information. However, if you choose not to provide your Personal Information, you will not be able to create an account on this Site, and hence you will be unable to apply for and receive any form of rebate or incentive from our Partners. In some cases, a rebate or incentive may be available by obtaining a mail in form from one of our Partners.
4. What Is Personal Information?
Personal Information includes: your name, address, telephone number, e-mail address, credit card information, postal/zip code, town or city, and gender; click through activity, product preferences or instructions; information about your computer and about your visits to and use of this website, such as your IP address, geographical location, browser type, operating system, referral source, length of visit and number of page views; information that you provide to us for the purpose of registering with us (including your name, email address, telephone number, postal address, and company details); information relating to any transactions carried out between you and us or the manufacturers and distributors whom we represent including information relating to any purchases you make; information that you provide to us for the purpose of obtaining the Services, health and financial information, email notifications and/or newsletters; and, any other information that you choose to send to us.
5. Anonymized Data
6. Why We Collect Personal Information
We collect Personal Information in order to facilitate the Services that are offered through the Site, including administration of rebates to customers and sales inducements to employees and agents of the manufacturers and distributors whom we represent, and the proper registration of product warranties. We may also put Personal Information to other uses, which may include communicating information and offers to you; to better understand, analyze, and respond to our your needs and preferences; and to subsequently develop, enhance, and/or provide products and services to meet those needs and preferences.
We also keep track of your product preferences and instructions and analyze that information. In addition to providing the Services to you, we may use Personal Information to enter you into a contest, speed-up the process of registering a subsequent purchase, or to respond by e-mail to an inquiry that you posted online. Your Personal Information may also be used by us to contact you regarding other products or services which may be of interest to you (including those that our manufacturers or distributors may offer), and for our manufacturers or distributors customer appreciation programs. You may also be provided with an option to provide Personal Information to permit one of our Partners to fulfil warranty obligations, or to notify you of a safety recall relative to a particular product. Your Personal Information may be combined with other Personal Information collected by us to provide aggregate statistical information about customers’ service usage preferences.
7. How We Collect Personal Information
a. When you register for an account or interact with our Services. We collect Personal Information when you access a Site or seek to access the Services, including when you register with us. We use this Personal Information to create your account, enable your activity within our Services, and to provide the Services generally, including to develop, enhance, and improve our Services and your experience. We also use this data for internal purposes related to certain research, analytics, innovation, testing, monitoring, customer communication, risk management, and administrative purposes.
b. When you communicate with us or sign up for promotional materials. We collect Personal Information when you communicate with us or sign up to receive promotional materials or information via email, push notifications, or text messages – including email address, mobile number, WeChat ID, etc.
If you consent to such messages, we may use your Personal Information and other information to communicate with you about the products of our Partners; provide you with promotional messages and personalized advertising; to notify you of other products; to notify you of contests, challenges, sweepstakes, and other promotions; to notify you of Services we think may be of interest to you; and, for other marketing purposes.
We may use your Personal Information to respond to your requests for technical support, online services, information regarding your claim, or to any other communication you initiate. This includes accessing your account to address technical support requests. We may also use your Personal Information to address your requests, enquiries, and complaints.
c. When you engage with our online communities or advertising. We may collect your Personal Information when you engage with our online communities. This includes when you click on advertisements, interact with our social media pages, submit content, leave reviews, or otherwise enter information into comment fields, blogs, message boards, events, and other community forums sponsored by or affiliated with 360insights.
e. When we leverage and/or collect cookies, device IDs, location data from the environment, and other tracking technologies. We may collect certain Personal Information using cookies and other technologies such as web beacons, device IDs, and IP addresses. We specifically use browser cookies for different purposes, including cookies that are strictly necessary for functionality and cookies that are used for personalization, performance/analytics, and advertising. Our Cookie and Device Identifiers section contains more information and options to control or opt-out of certain data collection or uses.
8. Sharing of Personal Information
Your Personal Information has been collected by us in connection with purchases made by you of the products or services of the manufacturers or distributors for whom we provide our rebate and salesperson incentive programs, and for the other uses described in the Why We Collect Personal Information section above. By providing your Personal Information to us, you are consenting to our sharing that information with the manufacturer or distributor from whom you purchased a product or service. That manufacturer or distributor may use your personal information for the same purposes as we do.
If you have elected within our services to donate to a registered charity of your choice, your Personal Information will be shared with the elected charity organization for the purpose of lawfully issuing a tax receipt to your registered e-mail address, should you meet the qualifying criteria of the charity.
9. International Data Transfers
360insights is a global organization and provides Service in a variety of jurisdictions. Sharing data cross-border is essential to the Services so that you receive the same high-quality service wherever you are in the world. As a result, we will, subject to law, transfer Personal Information collected in connection with the Services, to entities in countries where data protection standards may differ from those in the country where you reside. By accessing the Site and utilizing the Services, you understand and consent to our transfer of your Personal Information globally. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries will be entitled to access your Personal Information.
We try to ensure that you understand how we use your Personal Information. One of the ways this is done is by obtaining your consent. Consent may be either express or implied. Express consent is given when we specifically ask you if it is acceptable to you that we gather certain information and you explicitly agree that it is. Implied consent occurs when you provide information that may be Personal Information without objection. As we obtain only the information necessary to assist you with the transaction you require, we operate under the understanding that you have agreed to provide us with this Personal Information voluntarily and with knowledge of this Policy whenever you do so.
11. Withdrawal of Consent
Except as required by law, we will not use or disclose your Personal Information for any purpose for which you refuse us consent or later withdraw your consent. You may at any time withdraw your consent with future effect and without affecting the lawfulness of processing of your Personal Information based on the consent you provided before you withdrew it. If you withdraw consent, you agree that in spite of this withdrawal we may continue to use the Personal Information previously provided to us to the extent that we are contractually obligated to do so and to the extent necessary to enforce any contractual obligations you may have to 360insights. You also understand that although you can use our site for some purposes without providing us with any Personal Information, we need Personal Information about you for some Services, including those that require payment or involve an ongoing relationship with 360insights or our Partners. If you refuse to provide us with the Personal Information we require or later withdraw your consent to use and disclose this information, we may no longer be able to provide you with the Services.
12. Cookies and Device Identifiers
12. Cookies and Device Identifiers
13. Site Usage Information
Like most websites, this Site gathers traffic patterns, site usage information and other aggregated data in order to evaluate our visitors’ preferences and the effectiveness of our Site. This aggregate usage data does not identify you individually. We may share anonymous, aggregated statistics about visitors to our Site with others outside our company, or we may allow third-parties to collect aggregate data through our Site.
We will advise you on request about what Personal Information about you that we have collected, as well as how it has or will be used. If you provide a written request for this information, we will provide it to you within a reasonable time following confirmation of your identity and may, if you are not a European Economic Area resident, charge a reasonable cost (e.g. photocopying and mail charges) to the individual making the request. We will inform you whether or not we hold Personal Information about you and, when possible, the source of the Personal Information, its use, and any parties to whom it may have been disclosed. You may be required to provide sufficient proof of your identity at this time to ensure the safety and security of the Personal Information we hold and that it is provided to individuals in accordance with this Policy. We reserve the right to decline to provide access to Personal Information where the information requested: would disclose Personal Information of another individual or of a deceased individual; is subject to legal privilege; is personal health information that was not provided to us directly by the individual requesting access; is not readily retrievable and the burden or cost of providing would be disproportionate to the nature or value of the information; does not exist, is not held, or cannot be found by us; could reasonably result in serious emotional harm to the individual or another individual, or serious bodily harm to another individual; or, may harm or interfere with law enforcement activities and other investigative or regulatory functions of a body authorized by statute to perform such functions. We will not respond to repetitious or vexatious requests for access.
15. Updating or Correcting Your Information
You may in most cases correct or update your Personal Information by accessing your Account directly, or by instructing us to do so on your behalf.
16. Security and Retention
We operate secure data networks protected by industry standard firewall and password protected systems, and maintain physical, encryption, electronic and procedural safeguards to guard the integrity and privacy of these servers and of your Personal Information. Although we cannot guarantee that there will never be a security problem, we and our agents that have access to your information carefully guard against the loss, misuse or alteration of the information we collect on our Site.
We will retain and use your Personal Information as necessary in accordance with our internal data retention policies in order to comply with our legal obligations, resolve disputes, enforce our agreements and carry out anti-fraud investigations Note that we may retain limited elements of Personal Information even after an erasure request has been fulfilled in order to carry out mandatory anti-fraud investigations. Data retained for this purpose is restricted from processing within our systems and is fully deleted after a period of time in accordance with our data retention policies.
17. Delete Account / Withdraw Processing Consent
You are free to withdraw your account consent for 360insights to process your Personal Information by sending an email to firstname.lastname@example.org or by writing to us at 360insights, 300 King St., Whitby ON L1N 4Z4, Attention: Chief Privacy Officer
18. Residents of the European Economic Area
In addition to the common rights granted to all users of the Site who provide us with Personal Information, the GDPR provides the following additional rights to residents of the European Economic Area:
Right to erasure (Art. 17 GDPR): You have the right to ask us to delete your Personal Information, as permitted by law.
Right to restriction of processing (Art. 18 GDPR): You have the right to request the limiting of our processing under limited circumstances.
Right to data portability (Art. 20 GDPR): You have the right to receive the Personal Information that you have provided to us, in a structured, commonly used and machine-readable format, and you have the right to transmit that information to another controller, including to have it transmitted directly, where technically feasible.
Right to object (Art. 21 GDPR): You have the right to object to our processing of your Personal Information, as permitted by law.
Right to lodge a complaint before the Data Protection Authority (Art.77 GDPR): We encourage you to contact us directly and allow us to work with you to address your concerns.
Nevertheless, you have the right to lodge a complaint with a competent data protection supervisory authority, in particular in the EU Member State where you reside, work or the place of the alleged infringement. You have the right to do so if you consider that the processing of Personal Information relating to you infringes applicable data protection laws.
19. Residents of California
360 does not sell Personal Information and has not done so in the past 12 months.
The CCPA provides Californian resident consumers and users with specific rights regarding their personal information.
Information We Collect
We have collected the following categories of personal information from consumers within the last twelve (12) months:
|A. Identifiers.||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.||YES|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.||YES|
|C. Protected classification characteristics under California or federal law.||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||NO|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||YES|
|E. Biometric information.||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||NO|
|F. Internet or other similar network activity.||Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.||YES|
|G. Geolocation data.||Physical location or movements.||NO|
|H. Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.||NO|
|I. Professional or employment-related information.||Current or past job history or performance evaluations.||NO|
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||NO|
|K. Inferences drawn from other personal information.||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||NO|
Access to Specific Information and Data Portability Rights
You have the right to request that 360 disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability and Deletion Rights), we will disclose to you:
• The categories of Personal Information we collected about you.
• The categories of sources for the Personal Information we collected about you.
• Our business or commercial purpose for collecting that Personal Information.
• The categories of third parties with whom we share that Personal Information.
• The specific pieces of Personal Information we collected about you (also called a data portability request).
• If we disclosed your Personal Information for a business purpose, a list disclosing disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that 360 delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
• Complete the transaction for which your Personal Information was collected, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability and Deletion Rights
To exercise the access, data portability and deletion rights described above, please submit a valid consumer request to us by either:
• Calling us at 1 (866) 684 2308.
• Emailing us at email@example.com.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
• Provide sufficient information that allows us to reasonably verify that you are the person we collected Personal Information from or an authorized representative on your behalf.
• Describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.
20. Privacy Shield Statements
360incentives.com USA, Inc. is self-certified under the EU-U.S. Privacy Shield Framework (“Privacy Shield”) regarding the collection, use, and retention of Personal Information from European Union member states.
Under the Onward Transfer Principle, we may remain liable for the processing of European Personal Information that we transfer to our third party agents or service providers. In some instances, we may also be required to disclose Personal Information to comply with valid requests from public authorities, including for national security or law enforcement purposes.
In compliance with the Privacy Shield, we commit to resolve your complaints concerning data privacy and our collection or use of your Personal Information. We welcome you to bring any concerns directly to us. Eligible unresolved privacy complaints related to violations of the Privacy Shield Principles can be reported to the JAMS Mediation, Arbitration and ADR Services (“JAMS”), an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by us, please visit https://www.jamsadr.com/eu-us-privacy-shield for information on how to file a complaint with JAMS.
Note that if your complaint is not resolved through either a direct interaction with us, or JAMS, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.
For the purposes of enforcing compliance with the Privacy Shield, 360incentives.com USA, Inc. is subject to the investigatory and enforcement powers of the United States Federal Trade Commission.
21. Marketing communications
Where we are legally required to do so, we ask you for your prior consent before providing you with promotional materials or information (referred to as “Commercial Electronic Messages, or “CEM”s). You may revoke your consent to the receipt of CEMs at any time. This will not affect the processing of your Personal Information in relation to any rebate or incentive claim submitted to us on behalf of any of our manufacturer or distributor clients.
23. Governing Law
24. Privacy Officer Contact