Privacy Policy
Last Updated: March 17, 2022
General
Booksopen, 2761285 Ontario Inc., and their affiliates (“Booksopen”, “we”, “us” and “our”) offer a platform to help you advertise, market, sell, promote and offer your products and services online through the Booksopen mobile application and the Booksopen website at booksopen.app (the “Platform”).
The products, services, events, features, content, applications, technology, infrastructure, and software, that can be ordered, reserved, purchased, offered or made available on the Platform from time to time, are collectively referred to as the “Offerings.”
a. Acceptance
Booksopen has published this privacy policy (“Policy”) to tell you about how we collect, use, disclose and store personal information.
We think transparency is important, but providing that transparency requires us to make this Policy longer than we would like. That is why we have set out the highlights in the following section.
This Policy and any other Booksopen documents or additional terms expressly incorporated by reference constitute a legal agreement between you and Booksopen and governs your access to and use of the Platform.
By creating a profile, accessing the Platform, or using any Offerings offered by Booksopen, you have read, understood, and agree to this Policy. You acknowledge also that you have read, understood, and agreed to our Terms of Use, our Community Guidelines and are at least 18 years old.
If you do not agree to this Policy or are not at least 18 years old, please do not use the Platform.
b. Who is Bound by this Policy
“User”, “you” and “your” refers to you or the legal entity on whose behalf you are providing consent for the purposes of this Policy. You represent that you have the power to provide consent for yourself or if you are using the Platform for a legal entity, such as a corporation, you represent to us that you have legal authority to bind that entity. You will ensure compliance with this Policy by each employee, representative, consultant, contractor or agent of the legal entity, if applicable, (each an individual User) who uses the Platform on your behalf or that creates an account associated with the legal entity (“Account”). For clarity, if you are an individual, sole proprietor or otherwise entering into this Policy in your personal capacity, you are an individual User and are also responsible for any employee, representative, consultant, contractor or agent acting on your behalf.
c. Updates and Changes to This Policy
Please note that we may update this Policy from time to time to reflect changes in our privacy practices by providing you with notice of the changes. We reserve the right in our sole discretion to amend this Policy from time to time by publishing an amended version of this Policy and provide you notice of the amended version. Notice includes but is not restricted to posting a link to the new Policy, posting a new Policy on the Platform, or sending you a link to the new Policy via contact information you have provided to us. Such changes will be effective with respect to your use of Booksopen’s services after Booksopen has given notice of the changes. Please review this Policy periodically to see whether it has been updated. Any use of Booksopen’s Platform by you after we provide notice constitutes your acceptance of those changes.
Highlights of this Policy
Users – Most information we collected about Users is business contact information. We use any personal information collected to support and better understand our Users and provide and improve our services.
Customers of Our Users – We may obtain your personal information when we provide services to Users, including Users that use our Platform to advertise, market, sell, promote and offer their Offerings. We process this personal information on our Users’ behalf and recommend you review the User’s privacy policy (if applicable) and contact them with any complaints, questions or requests.
Platform Visitors – We collect personal information you provide directly, such as your contact information, and information collected through cookies and similar tools. We use this to operate the Platform, support and better understand our Users and provide and improve our services.
Employees / Contractors / Applicants – If you apply for a job with Booksopen, we use your personal information to consider hiring you. If we hire you, we will use your personal information in connection with your employment. A separate privacy policy may apply to employees.
Application of This Policy
a. What This Policy Covers
This Policy applies to all personal information that we collect, use, disclose and store when you use our Platform, apply for a job with Booksopen, or otherwise access our services.
b. What This Policy Does Not Cover
Users – As mentioned above, we process personal information for others, including Users. Please direct any complaints, questions or requests related to your personal information directly to those Users. In the event you are not satisfied with how they respond, you may contact us directly, but we cannot guarantee we will be able to address it.
Non-Personal Information – Information about your business, including your business contact information, is not typically personal information. Anonymized information is also not considered personal information for the purposes of this Policy. We may anonymize any personal information in our custody, in which case it will cease to be personal information.
In some situations, we may rely on exemptions or other permitted conduct under applicable laws, including to collect, use, disclose or store personal information for purposes not described in this Policy. We provide services to Users in many jurisdictions and privacy practices may be adopted to address the specific privacy requirements of particular jurisdictions. If you are unsure if or how this Policy applies to you, please Contact Us.
Processing of Personal Information
Much of the personal information we process is necessary to provide our services and meet our contractual obligations based on consent. In most other situations, we rely on implied consent (which, in some countries, would be a “legitimate interest”) or a legal exception to the consent requirement, such as where the processing is to prevent fraud. The specific purposes for which we process personal information include to:
communicate with you
help Users manage and fulfill their Offerings
track and process your purchases and report back to you as appropriate
administer, manage, test and improve our services
help Users better understand the services, such as through reporting and analytics
deliver content and information to third parties including other Users and their customers
market and advertise our services
fulfil any other purpose that would be reasonably apparent to the average person at the time of collection
While not stated as a purpose below, we may also use any personal information:
For security purposes, including to detect, prevent and investigate potential fraud
Where required or permitted by law
We may also request express consent to process your personal information in some circumstances, such as when you sign up as a User or when we process payment. We may also de-personalize information, such as through anonymization or aggregation. We may use and disclose such information for any purpose, as it will no longer identify you or any other person.
Category of Information Collected
Examples of Information Collected
Purposes
Users
User Account Information
Name, contact information, account usage details, passwords
All purposes set out below.
Communications
Emails, in-app messages, and other communications you send us or other Users, including whether your click on links or open emails
Communicate with you; help you communicate with other Users; administer, manage, test and improve our services; market and advertise our services or your Offerings
Usage Information
When Users log in, how long they log in, what they do in their account
See section on Tracking Technologies (Cookies, Web Beacons, location, browser type, IP address, etc.).
Customers of Our Users
Communications
Emails, in-app messages, and other communications you send us, such as if you ask a question or raise a concern
Communicate with you; help you communicate with Users; administer, manage, test and improve our services; as noted above, most information we collected about customers of our Users is done on behalf of Users. We suggest you review their privacy policy (if applicable) and contact them with any questions or concerns.
Preferences
The type of Offerings you purchase, your budgets, your interaction with other Users and similar preferences
Promote our services and our Users to you based on your preferences
Contact Information
Name, email address, mailing address, city, etc.
Promote our services and our Users’ Offerings to you; communicate with you
Transaction Information
Purchase orders and reservations
Providing our services to Users; fulfillment of Offerings that you purchased or reserved
Platform Visitors
Communications
Emails, in-app messages, and other communications you send us, including whether you click on links or open emails, and including contact information used for communications
Communicate with you; administer, manage, test and improve our services; market and advertise our services
Usage Information
When you access the Platform, what device you use, where you are located (based on IP address), and which pages you visit and for how long
Administer, manage, test and improve our services; market and advertise our services
Employees / Contractors / Applicants
Communications
Emails and other communications you send us, including whether you click on links or open emails, and including contact information used for communications
Communicate with you
Job application information
Your job application, resume, information provided by your references and our evaluation of you
Evaluate your application; in relation to your employment or engagement with us (if hired)
Payment Information
We may use a third party payment provider to process payments. In such a case, we will not collect personal information related to credit cards or other payment information. The payment provider will collect, use and disclose that information in accordance with its own privacy policy.
Sharing Your Personal Information
We do not sell your personal information to third parties (as “sell” is defined in California law). A “sale” would not include a situation where someone is buying all or part of our business (as is explained further below).
We share your personal information with our employees, contractors, consultants and other parties such as affiliates and third party companies that assist us in providing our services, including marketers, customer support and hosting services. Below is a non-exhaustive list of the third parties that may have access to personal information under our control.
Service Provider
Purpose
Marketers
Provide you with news and marketing, including customizing our advertisements
Customer Support
Track your service issues and improve our services; provide answers and solutions to your queries and concerns
Hosting and Similar Service Providers
Help us provide our services
E-commerce Platforms
Help us provide our services
Analytics
Tracking your use of our services in order to improve our services
The following table outlines recipients to whom we may disclose your personal information, as well as the purpose of such disclosure. When we disclose your personal information, we cease to control it, and the recipient’s policies and procedures will apply. Where required by law, we will obtain your consent before disclosure.
Recipient
Purpose
Other Users
We may provide information about you to relevant Users at your implicit or explicit request to facilitate communication between you and other Users, and to enable you to advertise, market, sell, promote and offer your Offerings or to interact with Offerings provided by other Users.
Third Parties Acquiring or Proposing to Acquire Booksopen
Where third parties acquire or propose to acquire all or a substantial part of our operations or any of our affiliates or subsidiaries, including by merger or acquisition, amalgamation, corporate reorganization or restructuring or a sale of assets, including as part of the related due diligence
Law Enforcement / Legal Proceedings
Where we believe release is appropriate to comply with applicable laws or regulations, enforce our policies, or protect our or others’ rights, property or for safety
Will My Personal information Leave the Country?
We may disclose personal information to third parties both in and outside of your country, and as a result, your personal information may be collected, used, disclosed or stored in another country, including Canada and in the United States of America. Laws relating to privacy vary between countries, and your personal information may be processed in a country with less stringent than the laws in your country. Personal information may be accessible to governments, courts, or law enforcement, national security authorities or and regulatory agencies of these countries in accordance with applicable laws.
Cookies, Web Beacons, etc.
Cookies – Our Platform may use session cookies, which are deleted when you exit your browser, for the functioning of our Platform. We also use stored cookies, which stay on your computer, to analyses your use of the Platform and remember your preferences. You can read about cookies at allaboutcookies.org.
IP – Our Platform also obtains your IP address and browser type, which we keep for 24 months.
Web Beacons - We use web beacons in our emails to know when you read / opened the email and when you clicked on the link.
“Do Not Track” (DNT) Signals – Although we would like to honor browsers set with DNT signals, at this time, our website do not respond to DNT signals or other mechanisms that might enable users to opt out of IP address tracking. For more information about DNT signals, please visit allaboutdnt.com.
Exercising Your Rights to Your Information
Depending on where you are located and subject to applicable laws, you may have the right to ask to access, correct or erase your personal information, object to our processing of your personal information, request restriction of your personal information in our control, or withdraw or change your consent to how we process your personal information, by contacting our Privacy Officer in accordance with the Contact Us section. Keep in mind that Users control much of the personal information processed by Booksopen, so you may need to direct your request to the User with whom you interacted.
As a security measure, our Privacy Officer may request specific information from you in order to verify your identity prior to granting any requests. If we cannot respond to your request promptly or have to refuse the request, we will advise you of the reasons, subject to any legal restrictions. If you disagree with our determination, you may complain to us and we will reconsider. If you are not satisfied with our ultimate determination, you may contact your local data protection authority or privacy commissioner. In addition, the personal information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices.
If you want to designate someone to exercise your rights on your behalf, please send your designation request using the email associated with your account, if you have one, or that you have otherwise provided to Booksopen. We are not otherwise able to verify your identity.
Where permitted by law, we may refuse or charge a fee for requests.
Retaining Your Personal Information
We only store personal information as long as necessary to fulfill the purposes for which the personal information was collected, to conduct our business operations and maintain an appropriate historical record of our relationship with you, or in order to comply with applicable laws, whichever is longer, after which time the personal information is destroyed or erased. We may, instead of destroying or erasing your personal information, make it anonymous such that it cannot be associated with, or tracked back to, you.
Securing Your Personal Information
We take steps to maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of your personal information. These safeguards are intended to prevent your personal information from loss and unauthorized access, copying, use, modification or disclosure. However, the internet is not a secure environment and no computer system is perfectly secure. As such, we cannot guarantee the security of personal information provided to us through electronic means: there is always a risk that your personal information may be accessed or used without authorization.
Other Questions
a. Will We Use Your Personal Information to Contact You?
Booksopen and its marketing partners and sponsors may use your personal information to send you messages or emails periodically listing promotions or events relating to Booksopen’s services. You may opt-out of receiving such promotional emails by sending an email to ● or following the instructions in such correspondence. Once Booksopen has processed your opt-out request, we will no longer send you promotional emails unless you opt back in to receiving such communications (including opting in directly via communicating with a User).
b. What Personal Information Do We Collect from Children?
We only collect, use, disclose and store personal information of children under the age of 18, with the consent of a parent or guardian. If you believe that a child under 18 may have provided us with personal information without the consent of a parent or guardian, we request that you contact us in accordance with the Contact Us section, immediately.
c. What Personal Information Do We Collect from Third Parties?
We may collect personal information about you from a third party. In such cases, the third party providing that personal information to us is responsible for obtaining your consent or another lawful basis for such disclosure.
For example, if you provide your personal information to another Booksopen User, such as a User that provides Offerings, as part of accessing and using Booksopen’s Platform, that personal information may be collected by us, or other third parties, as we and others are the service provider of such Users. The collection, use, disclosure and storage of such information will be subject to the privacy policies of such other Booksopen Users. We recommend that you review the privacy policies (if applicable) of those Booksopen Users prior to providing any personal information.
d. Do We Collect Personal Information About Third Parties from You?
You may have the opportunity to communicate with others that use Booksopen’s services, such as by sending an invitation or link to a third party. If you choose to take advantage of this functionality, we may ask you to provide us with certain information about the person with whom you wish to communicate, such as their name and email address. By providing us with this information, you confirm that you have obtained their consent to collect, use and disclose their personal information in this manner.
We collect such information for the purposes of facilitating the requested communication, which may contain a specific promotional message from you. Unless we explicitly say otherwise, we will not use this personal information for other marketing purposes without first obtaining consent from the subject of the personal information. Please be aware that when you use any invitation functionality on the services, your email address, name or username and message may be included in the communication sent to you.
e. What Personal Information Do Third Parties Collect from Us?
As a convenience to you, Booksopen’s services may contain links to third party websites, applications or services, or integrate with other third party platforms that collect personal information from you. Such third party services may include payment processors that collect personal information in order to facilitate your purchase of certain services. While we try to link only to third party services that share our commitment to protecting your privacy, we are not responsible for the privacy practices or content of third party services. We recommend that you review the privacy policies of those third party services prior to use.
f. What is Required of Users?
Users are required to comply with our Terms of Use and Community Guidelines. Our Terms of Use require that Users comply with all applicable laws, including privacy laws, including by obtaining consent to process your personal information where required by applicable laws. If you believe a User is violating applicable laws or regulations, we invite you to contact us in accordance with the Contact Us section.
Contact Us
If you wish to make a complaint about how we have handled you personal information or you believe that we or a User have breached this Policy or applicable laws, you may file a complaint with our Privacy Officer using the details below:
Privacy Officer Name: Support
Privacy Officer Address: 147 Hogarth Avenue, Toronto, ON M4K 1K5
Email: support@booksopen.app
Any other questions regarding this Policy or any other privacy-related concerns, such as requests to withdraw consent, access our records of personal information or to change or erase personal information can also be addressed to our Privacy Officer.
What if I have a Complaint about a User?
If you have a question, comment or complaint about a User, please review the Community Guidelines or contact the User directly. If the User is not responsive, you may direct your question, comment or complaint to us, but we cannot guarantee we will be able to address it.