Privacy Policy



Introduction
Miamac Media Inc. ("Company", "we" or "us") respect your privacy and are committed to protecting it through our compliance with this policy.
This privacy policy (the "Policy") describes the types of information we may collect from you or that you may provide when you access and use the ourcritters website (the "Website") and all related mobile apps, e-commerce shops, Facebook apps, desktop apps, and software as a service apps (collectively, the "Platform") and our practices for collecting, using, maintaining, protecting and disclosing that information.


This Policy applies to information we collect:

  • through the Website or any other part of the Platform; [and]

  • mobile apps; [and]

  • in e-mail, text and other electronic messages between you and us.


It does not apply to information collected by:

  • us offline or through any other means, including on any other website operated by the Company (including our affiliates and subsidiaries) or any third party; or

  • any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Platform.


Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Platform. By accessing or using any part of the Platform, you agree to this Policy. This Policy may change from time to time. Your continued use of the Platform after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates. [Drafting Note: It is important that this Policy be brought to the attention of your users in a manner that ensures that it will be enforceable. I should review how this is done.]


  1. Children Under the Age of 13



The Platform is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Platform. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Platform or on or through any of its features, make any purchases through the Platform, use any of the interactive or public comment features of the Platform or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us—see Section 12 of this Policy.

Consent
When we collect, use or disclose your personal information we will generally obtain your consent. Most of the time, we will obtain your consent before or at the same time we collect your personal information. In some instances, however, we may seek your consent after we have collected your personal information if we wish to make an additional use or disclosure of your personal information where we do not already have your consent for that new use or disclosure.
Depending on the circumstances, your consent may be express or implied. Express consent would arise if you specifically consented to a particular use of your personal information. Express consent can be given orally, electronically or in writing. Implied consent can be inferred from the circumstances. For example, if we indicate that we may send certain correspondence to your home address and you provide us with your home address, we would not normally obtain your explicit consent to use your home address to send you that correspondence—your consent would be implied in those circumstances.
If you voluntarily provide your personal information for a particular purpose, you have given your consent to the collection, use or disclosure of the information for that purpose.


  1. Privacy Policy as a Means of Consent



In addition, certain collection, uses and disclosures of your personal information that we wish to make are specifically set out in this Policy. Be sure to review this Policy since by providing your personal information to us, you are consenting to the collection, use and disclosure of your personal information in accordance with the terms of this Policy.


  1. Opting In, Opting Out and Changing Consent



We may, from time to time, provide you with an opportunity to opt out of certain collection, uses and disclosures of your personal information. At the same time, an implied consent to collect, use or disclose your personal information would arise if you fail to indicate that you wish to opt out of the particular collection, use or disclosure when you are given an opportunity to do so.
As well, we may, from time to time, provide you with an opportunity to opt-in to certain collection, uses and disclosures of your personal information. In that case, if you do not opt-in, we will assume that you do not consent to your personal information being collected, used or disclosed in that particular manner.


We will generally use an opt-out method when a particular use or disclosure is not unusual, the information is not particularly sensitive or when the Company believes that most people would likely consent to the particular use or disclosure. We will generally use the opt-in method in other circumstances.





  1. Changing Consent





You may change or withdraw your consent at any time on reasonable notice to us, subject to pre-existing legal and contractual obligations, by contacting our us as set out in Section 12. If you withdraw certain consents, it may limit the manner in which you can make use of the Platform and to otherwise interact with the Company or you may be required to delete your account. For clarity, your ability to change or withdraw consent is not absolute. The Company reserves the right to continue handling your personal information in those circumstances required or permitted by law despite a change or withdrawal of consent.




3. Information We Collect About You and How We Collect It




We collect several types of information from and about users of the Platform, including information:




  • by which you may be personally identified, such as name, postal address, e-mail address or telephone number ("personal information");

  • that is about you but individually does not identify you, such as [SPECIFY TYPES OF INFORMATION]; and

  • about your internet connection, the devices you use to access the Platform, and usage details.




We collect this information:




  • directly from you when you provide it to us; [and]

  • automatically as you navigate through the Platform. Information collected automatically may include usage details, IP addresses and information collected through "cookies" and other tracking technologies[./; and]

  • [from third parties, for example, our business partners.]






  1. Information You Provide to Us





The information we collect on or through the Platform may include:




  • information that you provide by filling in forms on the Platform. This includes information provided at the time of registering to use the Platform, subscribing to our services, posting material or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the Platform;

  • records and copies of your correspondence (including e-mail addresses), if you contact us;

  • details of transactions you carry out through the Platform and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Platform[./; and]

  • [your responses to surveys that we might ask you to complete for research purposes[./; and]]

  • [DESCRIBE ANY OTHER TYPES OF INFORMATION USERS PROVIDE]





You also may provide information to be published or displayed ("posted") on public areas of the Platform, or transmitted to other users of the Platform or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. [Although we limit access to certain pages, ][n/N]o security measures are perfect or impenetrable. [Additionally, ][w/W]e cannot control the actions of other users of the Platform with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.




  1. Usage Details, IP Addresses and Other Technologies







As you navigate through and interact with the Platform, we may automatically collect certain information about your equipment, browsing actions and patterns, including:





  • details of your visits to the Platform, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Platform; and

  • information about your device and internet connection, including your IP address, operating system, and browser type.




The information we collect automatically is statistical data[, and does not identify any individual]. It helps us to improve the Platform and to deliver a better and more personalized service by enabling us to:





  • estimate our audience size and usage patterns;

  • store information about your preferences, allowing us to customize the Platform according to your individual interests[./; and]

  • [speed up your searches[./; and]]

  • recognize you when you return to the Platform.




The technologies we use for this automatic data collection may include:





  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive (or other storage medium) of your device. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Platform[. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Platform][./; and]

  • [OTHER TECHNOLOGIES. Describe any other technologies used on the Platform for automatic data collection.]







4. Third-party Advertiser Use of Cookies and Other Tracking Technologies




[Drafting note: I know you plan to have advertisers, but I'm unsure of your specific plans. Adapt the following as necessary.] Some advertisements on the Platform are served by third-party advertisers, ad networks and ad servers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about our users. This may include information about users' behavior on the Platform and other websites and apps to serve them interested-based (behavioral) advertising. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement, you should contact the responsible advertiser directly.







5. How We Use Your Information




We use information that we collect about you or that you provide to us, including any personal information: [Drafting note: The following list is a starting point. Review it and add or review items as applicable.]




  • to present the Platform and its contents to you;

  • to provide you with information, products or services that you request from us;

  • to fulfill any other purpose for which you provide it (for example, if you send us an e-mail with a question or comment, we will use your e-mail address to respond to you. Further, we may store your e-mail and e-mail address and a copy of our response for future reference);

  • to provide you with notices about your account, including expiration and renewal notices;

  • to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;

  • to notify you about changes to the Platform or any products or services we offer or provide though it;

  • to allow you to participate in interactive features on the Platform;

  • [DESCRIBE ANY OTHER USES;]

  • in any other way we may describe when you provide the information; and

  • for any other purpose with your consent.




We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please [check the relevant box located on the form on which we collect your data or on the registration form or adjust your user preferences in your account profile].



We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.



The law permits or requires the collection, use and disclosure of personal information without the knowledge or consent of the individual in a number of circumstances. We reserve the rights to collect, use, and disclose your personal information in these circumstances without your knowledge or consent as the law may permit.







6. Disclosure of Your Information




We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.



We may disclose personal information that we collect or you provide as described in this Policy:




  • to our subsidiaries and affiliates;

  • to contractors, service providers and other third parties we use to support our business[ and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them];

  • to a buyer or other successor in the event of an amalgamation, a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by the Company about the Platform users is among the assets transferred;

  • [to third parties to market their products or services to you if you have consented to these disclosures;]

  • to fulfill the purpose for which you provide it (for example, if there is a feature of the Platform that allows you to send your contact information to another user through the Platform, when you use that feature, we will disclose your personal information to that other user);

  • [ANY OTHER TYPES OF THIRD-PARTY DISCLOSURES.]

  • for any other purpose disclosed by us when you provide the information; or

  • with your consent.




We may also disclose your personal information:





  • to comply with any court order, law or legal process, including responding to any government or regulatory request;

  • to enforce or apply our terms of use [INSERT AS LINK TO PLATFORM'S TERMS OF USE] and other agreements, including for billing and collection purposes; and

  • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others.






7. Choices About How We Use and Disclose Your Information




We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:


  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Platform may then be inaccessible or not function properly.

  • [Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by [checking the relevant box located on the form on which we collect your data or on the registration form or at any other time by logging into the Platform and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes].]

  • Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties' products or services, you can opt-out by [checking the relevant box located on the form on which we collect your data or on the registration form or at any other time by logging into the Platform and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes]. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.

  • Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by [checking the relevant box located on the form on which we collect your data or on the registration form or at any other time by logging into the Platform and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes].







8. Accessing and Correcting Your Information




You can review and change your personal information by logging into the Platform and visiting your account profile.
If you delete your User Contributions from the Platform, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Platform users. Proper access to and use of information provided on the Platform, including User Contributions, is governed by our terms of use [INSERT AS LINK TO WEBSITE'S TERMS OF USE].
You may also send us an e-mail at [INSERT E-MAIL ADDRESS] to request access to, corrections to or the deletion of any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
An individual's ability to access his or her personal information under our control is not absolute. The Company reserves all rights to not disclose personal information in certain circumstances. For example, we may not disclose personal information where:


  • the disclosure could reasonably be expected to threaten the safety or physical or mental health of an individual other than the individual who made the request;

  • the disclosure would reveal personal information about another individual;

  • the disclosure of the information would reveal confidential commercial information; or

  • the personal information was collected by us for an investigation or legal proceeding.





9. Data Security




[We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. [All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions [and [IDENTIFY ANY OTHER INFORMATION]] will be encrypted [using SSL technology].]]
The safety and security of your information [also] depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. [Be careful about giving out information in public areas of the Platform [like message boards]. The information you share in public areas may be viewed by any user of the Platform.]
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.





10. Retention and Destruction




For legal and business purposes we may retain your personal information for as long as it is reasonably needed. Upon expiry of the appropriate retention period, bearing in mind our reasonable legal and business requirements, your personal information will either be destroyed in a secure manner or made anonymous.





11. Changes to Our Privacy Policy




It is our policy to post any changes we make to this Policy [on the following Website page: [INSERT LINK] with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users' personal information, we will notify you [by e-mail to the [primary] e-mail address specified in your account and ]through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website and this Policy to check for any changes.





12. Contact Information




To ask questions or comment about this Policy and our privacy practices, contact us at:


[ADDRESS/E-MAIL ADDRESS/PHONE NUMBER/OTHER CONTACT INFO]