privacy POLICY

introduction

The protection of your privacy and personal information is important to Lembas. In this Privacy Policy ("Privacy Policy"), you will find information regarding how we collect, use and otherwise process your personal information.

This Privacy Policy applies to the website https://lembas.ca/ as well as all related Lembas websites, mobile applications and services that link to this Privacy Policy (collectively, the “Website”) unless we have posted a specific privacy policy to a particular website or service. In that case, that specific privacy policy will apply.

Moreover, when you use the Website, you also have responsibilities which are outlined in the Terms and Conditions section of the Website. We recommend that you consult these Terms and Conditions prior to using the Website in order to inform yourself of your obligations.

This Privacy Policy covers all personal information that we collect, use and otherwise process when you interact with the Website or with us. All personal information will be processed in accordance with this Privacy Policy and with applicable laws, which can vary depending on your country of residence. If you do not agree with any provisions or changes to this Privacy Policy, please do not use the Website.

Personal information is collected, held and more generally processed by Lembas having its international headquarters in Montreal, QC ("we", "our" or "us").

For legal residents of the European Union, note that the processing of your personal information is founded on at least one of the following legal bases:

You have consented to the processing activity;
The processing activity is necessary for compliance with one or more legal obligations;
The processing activity is necessary for the performance of a service you have requested;
The processing activity is necessary for one or more of the following legitimate interests pursued by us, our affiliated entities and/or a third party;
To better understand our customers’ interests and preferences by analyzing, profiling and monitoring their behavior on the Website in order to globally improve the Website, our products and services;
To offer you an optimal customer experience, namely by tailoring the Website, our products and services (including advertisements and e-mails) to your interests and preferences;
To ensure the proper functionality and security of the Website.

These processing activities benefit both us and you without undermining or overriding any of your rights, interests or fundamental liberties. Note that when the processing of your personal information is based on consent, you can withdraw such consent at any time by completing the following form.

We reserve the right to modify this Privacy Policy to adapt it to any technological or legal change, to adjust it to reflect changes made to the Website or for any other purpose. All updates to our Privacy Policy will be posted on this page or otherwise mentioned to you if required by applicable laws.

1. How we collect information

We collect personal information under the circumstances listed below. In certain circumstances or for certain purposes, providing your personal information is voluntary (for example, when you sign up to our newsletter) and we will collect your prior consent before proceeding to processing your personal data. However, in other circumstances, providing your personal information is mandatory and we may not be able to provide you with the services or products requested if you choose not to provide such information.

We collect your personal information in the following circumstances:

When you sign up to our newsletter;
When you sign up to our membership programs;
When you buy a product;
When you interact with the digital content on the Website;
When you participate in a contest and/or a survey;
When you send us an inquiry or otherwise communicate with us;
When you apply for a job;
When you provide us with your personal information while onsite at an event, such as when you log in to the Wi-Fi network;
When you post comments or other User Content on the Website;
When you choose to give us permission to access your information from third party websites (for example, by linking to social media networks like Facebook).

Some of your personal information may be provided by our affiliated companies and/or commercial partners.

2. what information is collected

We use first-party cookies (which are set by the Website being visited) and third-party cookies (which are set by a server located outside the domain of a Website) for several reasons. www.lembas.ca uses cookies and other tracking technologies for the following purposes:

3. personal information

To facilitate reading, the expression "personal information" is used throughout this Privacy Policy. For interpretation purposes, this expression shall have the meaning set forth in the legislation that is applicable to you. For instance, for legal residents of the European Union, “personal information” shall be read throughout this Privacy Policy as “personal data” as defined under the General Data Protection Regulation. In any case, we treat any information that makes it possible to identify you as an individual as personal information. For example, we consider your given name, surname, date of birth, postal address, telephone number, e-mail address, mobile number, as well as any information that is considered personal information under applicable laws to be personal information.

We collect and process the following categories of personal information:

Contact information, such as your given name, surname, postal address, telephone number, e-mail address;
Economic information, such as financial information that may be provided in connection with our services*;
Login information, such as the ID and password you use to connect to your account on our Website;
Interests and preferences information;
Possible face-recognition templates from uploaded images, videos, cameras;
Your profile picture, username and other information related to your Instagram, Facebook or Twitter account when you post, submit, or otherwise make User Content available to us;
Any other information that you provide directly and voluntarily, including any message you send to us by e-mail and/or by contacting our customer service.

* Economic information is only collected and processed for statistical purposes. We do not store the information provided in our records.

We currently do not collect or process any of your biometric data using face-recognition technology derived from any still or video images captured by cameras or readers on or around our physical properties or from any images or videos you upload to the Website. If we ever introduce face-recognition technology, we will notify you first and you will be able to choose if we can process the data using this technology.

4. information collected automatically

We, as well as third-party advertisers, service providers and content providers, may use a variety of cookies and similar tracking technologies (“Cookies”) that automatically collect certain Website usage information whenever you visit or interact with us ("usage information”). Usage information may include without limitation your information about your browser, operating system, all of the areas within our sites and emails that you visit, including content that you browse, and the time of day, among other information. Usage information may also include your IP address or other unique identifier ("device identifier") for the particular device you use to access the Website. A device identifier is a number that is automatically assigned to your computer, mobile phone, or other device used to access the Website and our servers identify your device by its device identifier. Subject to applicable laws, some mobile service providers may also provide us or our third-party service providers with information regarding the physical location of the device used to access our Website.

Some usage information may be considered as personal information under certain laws, such as the IP address under the laws applicable in the European Union. To the extent that we combine usage information with your personal information, we will treat the combined information as personal information under this Privacy Policy.

Cookies can be used by us and by third parties for analytics purposes and to send you interest-based advertisements. Please read our Cookie Policy to learn more about the type of technology used, the type of information collected, why it is collected, how it is used and how you can manage your preferences regarding the use of such technologies (including how you can opt-out of certain behavioral ads).

5. information about someone else

If you submit information on behalf of another individual (for example a friend, a family member, a member of a tour group you are organizing), you must ensure that you have his/her consent to share his/her personal information with us and you confirm that you have this consent.

6. user content submission information

You may submit, upload, post, or otherwise make available to Lembas to or through this Website, profiles, messages, text, files, images, photos, videos, music, sounds, or other content, materials or information (collectively, “User Content”). By submitting, uploading, or otherwise making the User Content available to Lembas through this Website, you understand that your User Content along with your personal information associated with your Instagram, Facebook or Twitter account will no longer be private nor confidential, and may be viewed by other users of this Website. You understand and acknowledge that Lembas is not responsible for the use by any third party of the User Content you have submitted.

7. how we use information

We collect and process personal information to:

Manage the account creation process on the Website and, more generally, manage your personal account;
Deliver the services you have requested or other products you have purchased through the Website;
Design, maintain, analyze, manage, improve, market and provide products and services via the Website;
Help us perform transactions and verify your identity with the transaction you have requested;
Respond to your inquiries;
Perform quality assurance, sales, marketing and other business analysis;
Organize contests and other promotional activities;
Communicate with you about changes to our policies;
Send you a customer satisfaction survey, where permitted under applicable laws or with your consent (if required);
Understand your needs and interests and provide you with optimal services and personalized advertisements, services and products by performing profiling, where permitted under applicable laws or with your consent (if required);
Improve the Website performance, respond to your requests regarding the Website, remember your Website preferences/settings;
Send you specific information, promotional and marketing communications about Lembas or third-party products and services (for example, offers, discounts, newsletters and birthday communications), where permitted under applicable laws or with your consent (if required); and
Analyze and process your application for a possible job opportunity.

8. direct marketing and profiling

When we send or display personalized communications or content, we may use some techniques that qualify as “profiling” (i.e. any form of automated processing of personal information consisting of using the aforesaid information to evaluate certain personal aspects relating to a natural person, for example to analyze or predict aspects concerning that person’s personal preferences, economic situation, interests, behavior, location or movements).

More particularly, we may collect personal information about you in the different scenarios mentioned above, centralize this information and analyze it to evaluate and predict your personal preferences and/or interests. Based on our analysis, we then send or display communications and/or content tailored to your specific interests/needs.

You may have the right to object at any time to the use of your personal information for “profiling”. Please see the “Your rights regarding your personal information” section below.

9. personal information collected by thrid parties

Our Website may contain advertising and content provided by third parties who may associate themselves with us and other members of Lembas. Our Website also includes hyperlinks to such third parties' websites. These third parties have privacy policies that may be different from this Privacy Policy. The information collected and stored by third parties, whether through our Website or a third party’s website, remains subject to their own policies and practices, including what information they share with us, your choices on their services and devices, and whether they store information in the U.S. or elsewhere. We are not responsible for the manner in which your information may be collected, used, disclosed and otherwise processed by said third parties, and encourage you to familiarize yourself with and consult their privacy policies and terms of use. To the extent we combine information we receive from third parties with personal information we collect directly from you on the Website, we will treat the combined information as personal information under this Privacy Policy.

10. sharing of your personal information

For the purposes outlined in the Privacy Policy, we may share your information with other companies as well as with the different third parties listed hereafter, which may be located all around the world:

Service providers: Your personal information may be shared with third parties acting on our behalf or for us, such as ticket distributors, payment processors, data processors, hosting service providers, technical systems consultants and marketing agencies;
Promotional partners: We may share your personal information with third parties who may associate themselves with us for the presentation of our events or for any other activity, such as contests, games, sweepstakes or other promotions;
Other parties with your consent: If you have expressly provided your consent to receive information from other third parties that are not included in this list, we will share the personal information that you have provided with such third parties. Your personal information may then be used by such third parties in order to provide you with offers, products, promotions and services related to their respective activities or for any other purpose you have consented to;
Business transaction: We reserve the right to transfer your personal information without seeking your express permission in the event of a business transaction such as a bankruptcy, merger, acquisition, reorganization or sale of assets. In doing so, we will use commercially reasonable efforts to ensure that your personal information continues to be used in a manner that is consistent with this Privacy Policy;
Legal or administrative bodies: We may share your personal information with third parties (including legal or administrative bodies, governmental authorities, jurisdictions) if we believe that disclosure is reasonably necessary to enforce this Privacy Policy, to detect or prevent fraud, security or technical issues or to comply with any applicable law, regulation, legal process or governmental request.

11. storage of your personal information

While your personal information will be collected and stored on servers in Canada and in the United States of America, it may be shared with, stored and/or otherwise processed by members of Lembas and/or by third parties who are located in other countries. For example, some of the service providers that process or handle personal information on our behalf are located outside of these countries. Regardless of where the processing of your personal information takes place, we will take steps to protect your personal information in accordance with this Privacy Policy, data protection laws, and where required by applicable laws, recognized data transfer mechanisms (such as EU-US Privacy Shield Certification of third party service providers that we use or standard data protection clauses recognized by the European Commission). While we use reasonable means to safeguard your personal information, it is subject to the legal requirements and governmental authorities of the foreign jurisdictions in which it is located. For example, we may be legally required to disclose personal information to a governmental authority of a foreign jurisdiction in which your personal information is located.

12. personal information security

We have adopted reasonable security procedures to help protect against loss or theft, unauthorized access, disclosure, copying, use, or modification to the personal information you provide to us. While we strive to protect your personal information, we cannot guarantee or warrant the security of any personal information you disclose or transmit on the Website and cannot be responsible for the loss, theft, unauthorized access, disclosure, copying, use, or modification of your personal information, unless such acts are the result of our gross negligence or willful misconduct, unless otherwise provided by law.

13. retention period

We will retain your personal information only as long as is necessary for the fulfillment of the purposes outlined in this Privacy Policy or for a longer period if required or permitted under applicable laws.We may retain your personal information for an additional period in archive databases, including for the duration of applicable statutes of limitation in order to be able to exercise our rights and/or defend ourselves in case of legal claims. Please note that if you merely unsubscribe from marketing communications such as the newsletter, we may nonetheless continue to use your personal information for marketing and business analytics purposes, unless you withdraw your consent to this activity or object to it by contacting us.

14. recruitment information

If you submit your information, including your resume, through the Lembas “Careers” section of the Website, the following processing activities may be performed and additional conditions shall apply:

We may use any information that you provide via the Website to consider a possible employment opportunity and/or employment consideration or respond to your inquiry;
We may provide the information to third parties who work with us and who might consider you for employment or be able to respond to your inquiry;
We may contact former employers and/or references and/or verify information you provided, with or without (where permissible under applicable local laws) providing advance notice to you; and
After an offer of employment is made, we may request that you submit to a verification of your legal right to work in the location of employment, and the offer will be conditional upon you having such right.

The personal information of all job applicants and employees are collected and processed in accordance with our Human Resources Privacy Policy, when applicable. These policies are made available for consultation during the recruitment process.

15. unsubscribe from promotional emails

To stop receiving promotional emails from us or from another member of Lembas, follow the link at the bottom of the promotional email or complete the following form. Please note that despite unsubscribing from receiving promotional emails, we may continue to send you emails, such as e-mails regarding services you have requested and other products you have purchased through the Website.

16. your rights regarding your personal information

As permitted under applicable laws, you may exercise the following rights with regards to the personal information we hold about you:

Right to access your personal information: You have the right to access and obtain a copy of the personal information we hold about you (subject to certain restrictions). In particular, you have the right to request your personal information in an electronic format and to request that such file be transmitted to any person or body authorized to collect such information;
Right to rectify your personal information: You have the right to have your personal information rectified if it is incorrect or outdated and/or completed if it is incomplete. To correct your personal information, please complete the following form. If you have an account with us, it may be easier for you to correct your own information via your online account;
Right to have your personal information deleted: In some cases, you have the right to have your personal information erased or deleted. This is not an absolute right, as we may have legal or legitimate grounds for retaining your personal information;
Right to object to the processing of your personal information: Where the processing of your personal information is based on a legitimate interest, you have the right to object to its processing;
Right to restrict the processing of your personal information: The processing of your personal information can be restricted, in which case we will store it accordingly, but will not use it or process it further. This right applies in the limited circumstances set forth in the General Data Protection Regulation;
Right to the portability of your personal information: You have the right to receive a copy of your personal information in a structured, commonly used and machine-readable format and/or to request its transfer from our database to another service provider. This right is limited to personal information that you have provided, where processing is based on a contract or your consent, and where the processing is carried out by automated means; and
Right to withdraw consent at any time for data processing based on consent: The withdrawal of consent shall not affect the lawfulness of processing based on consent prior to its withdrawal.

You may exercise the above rights at any time by contacting us. Before granting your request, we may require that you confirm your identity to us. Your request may be accepted or denied on the basis of any applicable laws.

If you are not satisfied with how we have handled your request, or if your request was refused, you can apply to your local authority to have it examined. For European Union residents, you can communicate with your competent supervisory authority at http://ec.europa.eu/.

contact us

For any questions or concerns, you can contact us in one of the following ways.

Email us at info@lembas.ca