Privacy Policy

2. What information do we collect and for what purpose?

2.1 Collection and use of Personal Information in connection with the Services

We collect Personal Information about you when you:

• Create an account on our Sites or otherwise register for and use our Services;
• Sign up to receive newsletters or other communications on the Sites or from us;
• Register for contests organized by TOON BOOM;
• Make a purchase through the Sites;
• Participate in our surveys or studies;
• Submit an application or application to TOON BOOM; and/or
• Contact TOON BOOM in a different way.

We collect Personal Information directly from you. We may also, in certain circumstances, collect your Personal Information from third parties. For example, we collect the names and email addresses of certain students from schools, so that we can distribute our courseware.

Personal information is collected and used in order to provide you with the Services, operate our Sites, operate our business (for example, receive job applications), and perform customer service (for example, handle inquiries and complaints). In such contexts, we may collect, among other things:

• your name;
• your IDs and passwords;
• your mailing address;
• your zip code;
• your e-mail address;
• your telephone number;
• in the case of a professional, your occupation, your employer and the industry in which you work;
• in the case of students, the name of your school and, in some cases, a copy of your student card.

When processing a purchase order, we may also need to obtain payment verification information (for example, the last four digits and the expiration date of your credit card) and gather additional information from third parties (including credit information) in order to determine your eligibility to the fulfillment of your order. You will also need to provide complete payment information to our outsourced payment processor to complete an online purchase. We do not receive your payment information for online purchases other than the limited verification details described above.

2.2 Cookies and similar tracking technology

Both we and certain third parties may use cookies and similar technology to track your device’s browsing activity on our Sites. In this context, a “device” means a computer, phone, tablet, or similar device that you use to access the Internet.

Cookies are small data files that we or third parties may place on your device when you visit our Sites to indicate that you have visited them. Cookies and similar tracking technology, such as pixels or web beacons (which also use cookie technology), may be used to enhance and personalize your browsing experience on our Sites. For example, they allow us and third parties to track your device’s browsing activity on the Sites over the course of several sessions, including the websites your device accesses immediately before and after visiting our Sites, the average time spent on our Sites, the pages viewed on our Sites, and other statistics about the use of our Sites. Through this technology, the Sites can remember preferences associated with your device (for example, language settings) and facilitate your access to and use of the Sites (for example, keeping your session active on our Sites). We may also use the information collected through this technology to monitor the performance of the Sites, for systems administration purposes, and to report visitor browsing patterns to our consultants and other third parties in aggregated form (a form that does not enable any specific individual to be identified, and is thus not considered to be Personal Information).

Cookies and similar tracking technology may also be used to propose advertisements on our Sites and on third-party sites that better match your interests and preferences, based on the record of your device’s browsing activity.

We want you to be able to make clear and informed decisions about the use of cookies on the Sites. For more information about cookies and your options to accept, refuse or limit the use of cookies on the Sites, please see our Cookie Policy.

2.3 Other collection of technical information

Our Sites’ server, which is located in Canada, automatically records the temporary or permanent address of the device you use to access our Sites (“IP address”), as well as other information about your visit, such as the pages viewed, the type of browser used, the information requested, the date and time of the request, the source of your access to our Site (for example, the website or URL [link] that led you to our Site), your browser version, and your operating system. We use this information, which does not identify individual users, for IT security purposes, trend analysis, administration, and to improve the operation of our Sites.

If the software detects the use of fraudulent licenses, it may notify TOON BOOM by sending the computer’s name and serial number, version, IP address, user’s names, email and username. You hereby consent to such communication in that event.

2.4 Minors

Our transactional website <https://www.toonboom.com/en> is intended for adult visitors, which are those who have reached the age of majority in the jurisdiction from which they are accessing this site. No part of this site is directed to persons under the age of majority in the jurisdiction from which they are accessing the site (“Minors”). In addition, Minors should not visit our site without the supervision of a parent or legal guardian.

3. Sharing your information with third parties

3.1. Disclosure of your Personal Information to service providers and business partners

We use a number of third parties to provide us with services necessary to run our business, including providers of email and hosting, IT solutions and software, IT support, accounting services, and payment processors. We require our service providers to use and, where necessary, disclose Personal Information only in accordance with the purposes for which the information was collected. In addition, we enter into contractual agreements to ensure that our suppliers have security measures in place that are at least equivalent to ours.

If you would like more information about the identity of our service providers, please contact us at privacy@toonboom.com, and we will provide you with this information if your request is legitimate (for example, in the event that we have shared your information with such service providers).

We may also provide information to business partners who assist us in our sales processes (agents and resellers), for the purposes of completing transactions.

3.2 Disclosure of aggregated data to third parties

We may collect statistics about our customers, sales, web traffic trends, and our Services. This aggregated data is not considered Personal Information because it does not provide information about an identifiable individual. We may disclose these statistics to third parties for a variety of purposes, including managing the Sites, business optimization, and market research.

3.3. Disclosure of your information for legal reasons

In certain circumstances, it may be necessary for us to disclose your Personal Information to comply with legal obligations or to assert rights, as defined below. In all cases, we will limit disclosure to the extent reasonably necessary to satisfy the obligation or to assert the right.

For example, we may be required to disclose your Personal Information to a government, regulatory, law enforcement or judicial body pursuant to a court order, warrant, subpoena or similar process. We may also disclose your Personal Information to an appropriate authority if we or such authority suspect that criminal conduct or potential criminal activity has occurred. This could be the case, for instance, if we suspect that fraud or a cyber crime has been committed, or if we or a third party have received threatening or malicious messages. We will generally only need to disclose your Personal Information for these purposes if you are involved in or affected by such an incident.

We may disclose your Personal Information in connection with the exercise of our legal rights, including, for example, sharing information with debt collection agencies if you fail to pay amounts owed to us when you are contractually obliged to do so. Our legal rights may be contractual (where we have entered into a contract with you) or non-contractual (such as statutory rights that we have under copyright law or tort law).

We may be required to disclose your Personal Information if we are involved in a dispute with you or a third party. For example, it may be necessary to disclose your Personal Information to resolve a dispute or in connection with any action related to compensation, mediation, arbitration or court resolution, or similar process.

3.4. Disclosure of your information as part of a major business transaction

We may share your information with an existing or prospective buyer or seller in connection with an actual or potential sale or acquisition of a business or assets by us, a merger or a similar event, all as required by law.

4. How can you access, update or delete your information?

For individuals with an account with Toon Boom, you can access, correct, download, and request deletion of your Personal Information directly online.

Alternatively, and for all individuals who do not have an account, you may access, correct, delete or withdraw your consent to the use and disclosure of your Personal Information by contacting us by email at the following address: privacy@toonboom.com.

Subject to the limitations set out below and at your request, we:

• tell you what Personal Information we store and use about you, the purposes for which we store and use such Personal Information and related information, as required by law;
• correct such Personal Information; and/or
• delete such Personal Information from our systems, except in circumstances required by law.

There are several circumstances in which we may not be able to process, in whole or in part, the above requests:

• when we are unable to verify your identity: for example, you are unable to provide us with information that proves your identity to us;
• when fulfilling the request would reveal the Personal Information of a third party; or
• when fulfilling the request would place an undue burden or expense on us.

If we receive a request to delete Personal Information that was collected from a location within the European Union or Switzerland, we will take reasonable steps, taking into account the available technology and the cost of implementation, to inform third parties who have received your Personal Information from us that you have requested the erasure of any links to, or copy or replication of, your Personal Information.

5. How is your information secured and protected?

We use encryption and/or authentication tools, among other methods, to protect the transmission of Personal Information. Please note, however, that the emails you send to us are not necessarily secure when they are transmitted to us.

When processing credit card purchases over the Internet, our third-party payment processor will verify your credit card information with the appropriate financial institution prior to processing your purchase. Your interactions with that third-party service provider are governed by the privacy policy of such third party’s website. Neither we nor our third-party service provider will provide your credit card information to any other third party.

We inform our employees with access to your Personal Information that it should only be used in accordance with the principles set forth in this Privacy Policy and the laws applicable to each company. Employees who misuse Personal Information will be subject to disciplinary measures or legal action by Toon Boom.

6. Cross-border transfers

Your Personal Information may be shared within TOON BOOM or with our affiliates or service providers, who may be located outside of your jurisdiction. As such, your Personal Information may be processed and stored in a jurisdiction other than your own and may be subject to access by or disclosure to foreign authorities under the laws of those jurisdictions.

7. How long do we retain your information?

We retain Personal Information only for as long as necessary to fulfill the purpose for which it was submitted, unless a longer retention period is required or permitted by law.

8. Links to third-party websites

The Sites may contain links to third-party sites, including those of our business partners, vendors, and advertisers. While we try to use only links to sites that share our high standards and respect for privacy, please understand that we are not responsible for the content or privacy practices used by other sites. Be sure to review the privacy policies of any third-party sites that you visit from the Sites.

9. Posted information, bulletin boards and discussion areas

Certain parts of the Sites allow you to post or publicly disclose information such as your CV, news, animations, or other material (“Posted Information”). Please be aware that any Posted Information becomes public and will not be protected by this Privacy Policy. You should therefore exercise caution when deciding to submit information that will become Posted Information. You should also be aware that if you voluntarily disclose Personal Information as Posted Information, including on bulletin boards or in discussion areas of the Sites, such Posted Information may be collected and used by others, and may result in unsolicited messages from other people over which we have no control.

12. Your opinion matter

In order to continuously monitor and strengthen our privacy procedure, we have a Privacy Officer, who can be contacted at privacy@toonboom.com. Please contact our webmaster at the following address webmaster@toonboom.com if you have any questions that have not been answered here regarding the security, privacy and use of information.

We welcome any suggestions regarding our Privacy Policy by e-mail at privacy@toonboom.com or by post to:

Toon Boom Animation Inc.
55 West Mont-Royal avenue, suite 1000
Montréal, Québec, Canada
H2T 2S6

Please make any communications as complete and descriptive as possible, and we will attempt to respond promptly to your concerns.