PRIVACY POLICY
Last update: May 30 2021
Thank you for visiting the website operated by Reartix (“ShowMemory”). This Privacy Policy applies to the website accessible at the link www.showmemory.com (the "Website")..
1. WHO WE ARE
For the purpose of this privacy policy (the “Privacy Policy”), any reference to ShowMemory or “we”, “us” or “our” is deemed to include ShowMemory and its suppliers or licensors, as well as its employees, officers, administrators, agents, subcontractors and other representatives.
This Privacy Policy describes in which way we may collect, use, communicate, disclose and otherwise manage the personal data shared through the use of the Website or otherwise collected in the context of ShowMemory’s activities. Our Privacy Policy also describes the steps we take to ensure data security, as well as how you can access, modify or delete the personal data we hold about you. In addition to this Privacy Policy, your visit of the Website is also subject to (i) our Terms of Use, available at www.showmemory.com/termsofuse , (ii) our Content Policy, available at www.showmemory.com/contentpolicy and (iii) any other terms or conditions that may be communicated to you from time to time by ShowMemory.
Additional privacy laws and practices apply to individuals whose personal data is collected and used in the European Economic Area ("EEA").
If you do not consent to ShowMemory’s practices regarding the collection, use, communication, disclosure and management of personal data as set out in this Privacy Policy, please do not provide us with your personal data or communicate with us using the contact information provided later in this Privacy Policy.
2. WHEN AND HOW WE COLLECT YOUR PERSO
NAL DATAWe use different methods to collect data from and about you, including through:
2.1 Direct Interactions
Creation of an account on the Website;
Use of the Interactive Features of the Website, as this term is defined in the Content Policy;
Contact with us for the purpose of asking a question, submitting a comment, requesting the addition, correction or removal of certain Content of the Website or making a complaint (user support);
Subscription to our newsletter, email communications and messaging services to receive news and updates; and
Interaction with us on social media.
2.2 Automated technologies or interactions
As you interact with our Website, we automatically collect certain Technical Data (as further defined in Section 3 below) about your equipment, browsing actions and patterns. Our Website uses a technology called "cookies". A cookie is a tiny element of data that our Website can send to your browser, which may then be stored on your hard drive so that we can recognize you when you return to the Website. We use cookies to understand which areas of our Website are useful and which areas need improvement, which assists us in planning for future improvements to the Website. You may set your browser to notify you when you receive a cookie or not to allow all or certain cookies by opting out of the use of such technology. However, if you decide not to allow cookies from our Website, you may not be able to take full advantage of all the features of the Website.
Our Website may also use a technology called "tracer tags" or "web beacons". This technology allows us to understand which pages you visit on the Website. We use these tracer tags to optimize and tailor our Website for you and other potential visitors, and for marketing purposes on our Website and on the websites of ShowMemory’s affiliated partners.
We may also receive Technical Data about you if you visit other websites employing our cookies.
2.3 Third Party Sources
We may obtain information about you from other sources, including from other users, service providers and business partners, and combine such information with other data that we hold about you. The information we receive from third parties does not always allow us to identify you. That being said, when this information is combined with other information in our possession and allows us to identify you, we will treat this information as personal data, as set out in this Privacy Policy.
The information about you that we may obtain from other users includes biographical information, credits, images and videos, reviews and links to press interviews and media articles, for the purpose of building your professional profile on the Website database. All users who provide ShowMemory with information about another person must obtain the express consent of the person concerned. In other words, you own or have sufficient rights to post or submit Content about another person. Except for the personal data specifically described herein, the information compiled in professional profiles is only part of the Website Content, which means that it is made available on the Website for informational purposes, but it is not collected, used or processed by ShowMemory as personal data, as described in this Privacy Policy, or in any other way.
Please use the form available at https://showmemory.com/feedback-form/ to request the removal of information provided by other users about you and available on the Website. At any time, you can edit the information about you on the Website.
As for third party service providers, we may, for instance, call on third parties, such as Google, to:
Perform remarketing, which consists of advertising on other websites to users who have visited our Website, including through Google Analytics (internet audience analytics solution). In such cases, relevant third parties, including Google, may advertise our content on sites across the Internet;
Use the following features of Google Analytics: the creation of reports based on the saved impressions of our advertisements (a service that lets you place ads on a variety of news sites, blogs and other niche sites) to attract more potential visitors; integration with any management tool comprising a set of functionalities used for advertising, as well as targeting and monitoring advertising campaigns on websites and mobile devices, and creating related reports, including reports on the demographic data of internet users and their interests;
Collect, analyze and/or gather your personal data (such as internet user’s IP address, gender, age and interests), as well as create reports on the demographic data of internet users and their interests, in order to help us understand how visitors interact with our Website and how to improve our Website.
The companies conducting remarketing can combine the use of first-party cookies (such as Google Analytics cookies) and third-party cookies (for example, DoubleClick cookies) to (i) gather personal data; (ii) inform, optimize and advertise based on your previous visits on our Website; and (iii) to determine the relationship between the registered visits on our Website and the advertising impressions, the other uses of advertising services and the interactions with these advertising impressions and services. To measure the effectiveness of our ads, these companies may also use tracer tags or web beacons to account for certain information regarding your visits to our Website and on the websites that contain links to our Website or advertise it.
3. WHAT PERSONAL DATA WE COLLECT
For the purposes of this Privacy Policy, the term "personal data" means any information about an individual from which that person can be identified. It does not include data from which identity has been removed (anonymous data). It does not include biographical information being part of a professional profile only, as submitted by other users or by you, which is part of the Website Content, but is not collected, used or processed as “personal data” by ShowMemory.
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
Contact Data includes name, surname, email address, title, telephone number, postal address and contact preferences, when you provide such information as part of the creation of your account or your interactions with ShowMemory, but not when this information is solely provided as part of a professional profile created by you or another person;
Information relating to your account includes your username, profile picture, user preferences, language preferences, personal preferences for live shows and events and Watch Later wish list, personal bookmarks and bookmark folders on the Website, and the saving of your user session in view of your next visit;
All information shared with us when you submit or edit User Content to be included on the Website’s database;
Social Media Data includes information associated with your social media accounts and related profiles, such as your name, username, email address, profile picture, date of birth and gender;
Technical Data includes IP (Internet Protocol) address, your login data, clickstream and other related information, such as the websites you visited immediately before and immediately after visiting our Website, your time zone and location settings, information about your Internet service provider and other technologies on the devices you use to access our Website;
Usage data includes the number of visits to our Website, as well as the date and average time spent on our Website;
Marketing and Communication Data includes your preferences in receiving marketing from us and third parties with whom we have a connection and your communication preferences.
We also collect, use, store and share Aggregated Data, such as statistical or demographic data. Aggregated Data could be derived from your personal data, but is not considered personal data if it does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we will treat the combined data as personal data and use it in accordance with this Privacy Policy.
We do not collect any personal data that includes details about racial or ethnic origin, political opinions, religious or philosophical beliefs or union membership, nor any genetic or biometric data for the purpose of uniquely identifying a natural person, nor any data concerning the health, sexual life or sexual orientation of a natural person.
Users may voluntarily provide additional information as part of their professional profiles or the professional profiles of others on the Website, such as professional qualifications, skills, academic background, relevant information as part of their work in the live entertainment industry, such as their ethnic origin, gender, age, height and physical attributes, or membership to a professional association of the industry of live entertainment. Except for the personal data described above, the information compiled in professional profiles is part of the Website Content, which means that it is made available on the Website for informational purposes, but it is not collected, used or processed by ShowMemory as personal data.
4. HOW WE USE THE PERSONAL DATA WE COLLECT ABOUT YOU
4.1 General principles
We limit the collection of personal data to what is reasonably required to fulfill the purposes for which it is collected. Most commonly, we will use your personal data in the circumstances described below.
With your consent: for example, we will obtain your consent before sending marketing communications to you;
When it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests: a legitimate interest means the interest of ShowMemory in operating and managing our business to enable us to give you access to the best version of the Website. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can get further information on how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting our Privacy Officer.
When we have to comply with a legal obligation: comply with a legal obligation means processing your personal data where it is requested by a law that we are subject to
5. HOW WE DISCLOSE YOUR PERSONAL DATA
5.1. Principle
Unless expressly stated in this Privacy Policy, we do not sell, rent, transfer or disclose your personal data with third parties without your consent for purposes which are not disclosed herein. Access to your personal data is restricted to ShowMemory, including staff members, management and the marketing team, who need to access your personal data as part of their duties for ShowMemory.
5.1. Principle
Unless expressly stated in this Privacy Policy, we do not sell, rent, transfer or disclose your personal data with third parties without your consent for purposes which are not disclosed herein. Access to your personal data is restricted to ShowMemory, including staff members, management and the marketing team, who need to access your personal data as part of their duties for ShowMemory.
5.2 Exceptions
We may share your personal data that is not encrypted and to which we have access to with:
Service providers, namely third parties (or otherwise make available to them) who provide services on our behalf in Canada, the United States or abroad, including Google, for the purpose of using the various Google Analytics features described herein. We provide our service providers with the information they need to fulfill their mandate, and we do not authorize them to use or disclose your personal data for their own commercial activities or for any other purposes;
Entities, organizations and authorities for judicial purposes. More precisely, ShowMemory and its third-party service providers may disclose your personal data in response to a search warrant or other legally valid inquiry or order, or where necessary to respond to an investigative body in the event of a breach of agreement or a violation of the law, or as otherwise required or permitted by law. We may also disclose personal data where necessary for the establishment, exercise or defense of legal claims, to prevent actual or suspected loss, to avoid personal injury or property damage; and/or
Another entity, in the event that we sell part or all of our business or if we sell or transfer assets or are otherwise involved in a business merger or transfer. Where appropriate, we may transfer your personal data to a third party as part of that transaction.
Our Website may contain links to other websites that we do not own or operate. In addition, links to our Website may appear on third-party websites, including the ones on which we advertise. Except as provided in this Privacy Policy, we will not share your personal data with these third parties without your consent. Links to third party websites are provided to the users of our Website for convenience only. These links are not intended to be an endorsement or recommendation of the linked sites. The linked websites may have separate and independent privacy statements, notices and terms of use, which we recommend you read carefully. We do not have any control over such websites, and therefore we have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use, disclose, protect or otherwise process your personal data.
6. HOW WE PROTECT YOUR PERSONAL DATA
We have put in place and use administrative, technical and physical safeguards to protect the personal data we hold about you against unauthorized access, use, modification and disclosure.
We also take special measures to assess the potential risks applicable to the disclosure of your personal data. In the event of a security breach, namely if your personal data is lost, disclosed without your authorization or becomes accessible to an unauthorized person, we will inform you of such breach if it poses a real risk of significant harm. For example, a real risk of significant harm includes bodily harm, humiliation, loss of professional opportunities, financial loss or identity theft. If the breach poses a real risk of significant harm, we will notify you directly as soon as possible. If we cannot notify you directly, we will notify you of the breach by public communication. We will provide you with the information required to understand the significance of the security breach and take the necessary steps to reduce the risk of harm that may arise from it. We will also report the security breach to the government and any other organization that we believe may reduce the risk of harm that may result from this breach. We keep records of all security breaches. Following a security breach, ShowMemory investigates the causes of the breach and reviews the safeguards in place to prevent future breaches.
7. HOW LONG WE RETAIN YOUR PERSONAL DATA
We have procedures in place regarding the retention of personal data which are designed to retain personal data only as long as necessary to fulfill the purposes described in this Privacy Policy or to otherwise comply with the requirements of the law.
8. TRANSFERS OF PERSONAL DATA TO OTHER COUNTRIES
Your personal data will be accessible from Canada. In some cases, your personal data may be compiled, disclosed, used or stored outside of Canada by any of the entities and persons comprising ShowMemory, by a subsidiary or a third-party service provider, and these personal data may be subject to disclosure in accordance with applicable laws in these territories. We will take all steps reasonably necessary to ensure that any personal data transferred outside of Canada or the EEA is processed securely and in accordance with data protection laws applicable in the jurisdiction in which the data is processed or stored. These laws may not provide the same level of protection as Canadian or EEA privacy laws.
9. CHILDREN’S PRIVACY
The Website is not intended for anyone under the age of 13 years old. We will not with knowledge collect the personal data from anyone under the age of consent. To all users living in a country in the EEA, you must be at least 16 years old to create an account or use the Interactive Features of the Website or such greater age required in your country to do so. To all users living in countries outside of the EEA, you must be at least 13 years old to create an account on the Website or use the Interactive Features of the Website, or such greater age required in your country to do so. If you are not of age to agree to our Privacy Policy in your country, your respective guardian must agree to our Privacy Policy. If we are made aware that we have collected personal data from a user who is not of age, without consent of a guardian, we will delete this personal data. Please contact our Privacy Officer with any knowledge about any person under the age of consent providing us with personal data.
The Website may make available biographical information of persons who are not of age as part of their professional profiles. If you are not of age and a professional profile was created about you, you or your guardian may use the form available at https://showmemory.com/feedback-form/ to request a correction or the removal of your professional profile.
10. CHANGES TO PRIVACY POLICY
This Privacy Policy is regularly reviewed and may be updated from time to time to reflect changes in applicable laws or our practices regarding personal data. If we decide to change our Privacy Policy, we will post the revised policy on our Website. We will treat your personal data in accordance with the most recent version of the Privacy Policy.
11. TO COMMUNICATE WITH US
We have appointed a Privacy Officer who is responsible for overseeing questions in relation to this Privacy Policy. If you have questions or comments regarding how we treat your personal data, including any request to exercise your legal rights, or if you wish to request access to, update or correct the personal data we hold about you, please contact our Privacy Officer as indicated below:
Attention: Pavel Kotov
Phone: +1 514 991-6136
Mailing address: 370 Rue LeMoyne, Suite 201, Montreal, QC, Canada, H2Y1Y3
Email: pk@showmemory.com
By Internet: www.showmemory.com
You can also withdraw your consent to the collection, use and disclosure of your personal data at any time using the contact details above. However, if you withdraw your consent, we may no longer be able to continue to respond to your demands, process any requests submitted to us, or otherwise assist you with respect to the Website.
12. YOUR LEGAL RIGHTS
In relation to your personal data, you have the rights detailed below:
Request access to your personal data (commonly known as “data subject access request”): this enables you to receive a copy of the personal data that we hold about you and to check that we are lawfully processing it.
Request the correction or update of the personal data we hold about you: this enables you to have any incomplete, inaccurate or outdated data we hold about you corrected or updated. However, we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data: this enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data when you have successfully exercised your right to object to processing (see below), when we may have processed your personal data unlawfully or where we are required to erase your personal data to comply with applicable law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to the processing of your personal data: where we are relying on a legitimate interest (or those of a third party), and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may be able to demonstrate that we have compelling legitimate grounds to process your data which override your rights and freedoms, and, in such cases, we may decide to continue processing your personal data.
Request restriction of processing of your personal data: this enables you to ask us to suspend the processing of your personal data in the following scenarios:
If you want us to establish the data’s accuracy;
When our use of the data is unlawful, but you do not want us to erase it;
Where you need us to hold the data even if we no longer need it, as you need it to establish, exercise or defend legal claims; or
You have objected to the use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
Request to transfer your personal data to you or to a third party: we will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw your consent at any time when we are relying on your consent to process your personal data: however, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide you with certain features of the Website, and this may prevent us from responding to inquiries, providing technical support or otherwise assist you in connection with use of our Website. We will notify you if this is the case when you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact our Privacy Officer.
You will not have to pay any fees to access your personal data (or to exercise any of the other rights set out above).
If you want to exercise any of the above-mentioned rights, we may need to ask you for specific information to help us confirm your identity and ensure your right to access your personal data (or to exercise your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you for further information in relation to your request to speed up our response.
We will respond to all legitimate requests within thirty (30) days.