Privacy Policy

Effective Date: 09/30/21

Welcome to our website marmaladesound.com operated by JAM Industries Limited (the “Company”). We value our customers and respect your privacy and we recognize that we must maintain and use your personal information responsibly. We have created this privacy policy (the “Policy”) to demonstrate our firm commitment to your privacy and security, and to advise you about the collection, use and disclosure of personal information provided in store, by mail or on the Site. The Policy also provides you the ability to “opt‑out” of providing personal information that you do not wish to provide, and to access, change, or remove any personal information already collected. The Company will not collect, use or disclose your personal information other than in compliance with the Policy.

The terms “we”, “us”, and “our” used in the Policy refer, collectively, to the Company, its divisions, affiliates, subsidiaries and related companies including their successors and assigns, and their respective directors, officers, owners, employees, agents, mandataries, contractors, licensors, licensees and third-party suppliers (collectively, the “Company Affiliates”).

Our Privacy Policy has been designed to comply with Canada’s Personal Information Protection and Electronic Documents Act, the California Consumer Privacy Act (“CCPA”), and other applicable federal, state and provincial privacy laws relating to the protection of Personal Information.

Agreement to Privacy Policy

By providing any personal information acquired during visitors’ and customers’ visits to the Site and/or by accessing and using the Site or the Company microsites used in connection with contest and promotional offers, you hereby agree to all of the terms and conditions of the Policy and consent to the collection, use and disclosure of your personal information as described in the Policy. You are responsible for ensuring that your access to the Site and material available on or through it is legal in each jurisdiction in or through which you access or view the Site or such material. BY ACCESSING OR USING THIS WEBSITE, YOU HEREBY AGREE TO THE TERMS OF THIS PRIVACY POLICY AND CONSENT TO THE COLLECTION AND USE OF INFORMATION AS DISCUSSED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS THIS WEBSITE.

Amendments to Privacy Policy

If we decide to change the Policy, we will post these changes on the Site so that you can be updated as to what information we gather, how that information may be used and whether (and how) it may be disclosed to any third parties. Following the posting of such changes, you will be bound by such changes unless you advise us in writing, by phone or by e‑mail that you wish to withdraw your consent (as per the procedure outlined below). You are responsible for regularly reviewing the Policy and any changes thereto.

Information We Collect

Any time you place an order, complete a ballot, or introduce or post any text, image, video, audio, or any information, content or other materials through the Site or any other Company website including any of the Company’s social networking websites and web pages such as Facebook, Twitter, Instagram or YouTube or otherwise provide personal information to the Company (including via mail or e‑mail in regular correspondence), it is collected, used and disclosed by the Company for various purposes as described herein. Moreover, every time you visit the Site, the following information may automatically be obtained and compiled: your internet protocol (IP) address and the domain name registry information associated with that IP address; identification of your internet browser, operating system and hardware platform you are using; the date and time of your visit; the name and address (URL) of the web page you viewed immediately prior to accessing the Site; your entire query (if any) that was entered into a search engine which led you to the Site; and any other “click stream”, the pages you visit on this Site, the website you visit after this Site, the ads you see or click on, other information about the type of web browser, computer, platform, related software and settings you are using, any search terms you have entered on this Site or a referral website, and other web usage activity and data logged by our web servers. The Company may also use your IP address to help diagnose problems with our servers, gather broad demographic information, and administer our Site. The Company may also link this information with your personally identifiable information when the Company feels that it is necessary to enforce compliance with its rules and policies, terms of service, or to protect its website, customers or others. This information may be stored in our log files. Occasionally, if your browser is not configured to prevent disclosure of such information, the following information may also be revealed: your name, e‑mail address, home and work addresses, telephone and fax numbers and any plain text commentary.

Additionally, the complete record of your actions at the Site, including all pages visited, the time spent on each page, the information sent or received and the names of all files uploaded or downloaded is collected. This tracking information may be compiled by us in the aggregate and made available to third parties primarily to identify demographic data regarding our customers.

As previously stipulated, we will also collect personal information from you that you voluntarily share with us, by making an order, completing an entry form to participate in a contest, ballot, promotion or survey, by signing up for our newsletter (if any), by communicating with us by telephone, e‑mail or otherwise, by setting up a user account and password, logging in as a registered user of the Site and providing information in your account(s), or by introducing or posting any text, image, video, audio, or any information, content or other materials through any of the Company’s social networking websites and web pages such as Facebook, Twitter, Instagram or YouTube. As a result of these actions, you might supply us with personal information, such as your name, date of birth, e‑mail and postal addresses, telephone number(s), credit card information, product interest information and financial information and in certain circumstances, your comments, suggestions, ideas, opinions and individual preferences. We may also maintain a record of your product interests and acquire information about you from other present and future Company Affiliates.

How We Use Your Information

In order to better serve you, we may combine information you give us online, by telephone or in writing about your product interests. We may also combine these with readily available demographic information in order to enable us to communicate with you, by telephone (including by way of automated dialing answering device), e‑mail, mail or otherwise, about our products, services, surveys, promotions, special offers, and contests. We also collect this information in order to:

(i) process your order and answer questions about the status of your order;
(ii) send you products that you have ordered;
(iii) maintain contact with you and provide you with ongoing personalized service and help us to better understand and respond to your needs and preferences as well as to develop customer profiles based thereon and to communicate special offers and promotions from the Company concerning our products and services;
(iv) develop, improve, market and provide our products and services and manage our business;
(v) compile information related to loyalty and earned rewards points programs which we may establish from time to time and to which you may be entitled to in respect of your on‑line and in‑store product purchases; and
(vi) help us to meet applicable legal and regulatory requirements.

For example, we may use your personal information to complete purchases and returns. We may also use personal information to contact a purchaser when necessary, such as when a delivery may be delayed or when a product is out of stock or to complete fraud checks. In addition, the Company uses personal information to notify its customers about products or services, promotions and special offers in which we believe they may be interested.

We may also request additional information, such as annual income, buying preferences, or age, also known as demographic and profile data, though this information is optional and never required for you to place an order or make a purchase. If you provide the additional information, we may use this data to improve the Site and enhance your shopping experience.

We also use information collected from the Site to measure interest in the various areas of the Site, to ensure that links on the Site facilitate easy navigation and to help make the Site more interesting and informative. Except as described in the Policy, any personal information that we disclose to third parties is done in the aggregate on a non‑personally identifiable basis and is used primarily to identify demographic data regarding our customers.

You acknowledge and agree that the Company shall also have the right to incorporate, use and reproduce any text, image, video, audio, or any information, content or other materials you provide through the Site by e‑mail or post through the Company’s social networking websites and web pages such as Facebook, Twitter, Instagram or YouTube, in whole or in part, in connection with the marketing and promotion of the Company’s business. You always have the right to revoke such consent in the manner described in the section “How do I exercise my choices about the collection, use and disclosure of my personal information?” below.

To Whom May My Personal Information Be Disclosed?

We will not disclose your personal information to any non‑affiliated third party without your prior consent, other than as provided below:

(i) We may disclose your personal information to any of the Company Affiliates, so that it may communicate with you (whether by e‑mail, telephone, post or otherwise) and provide you with promotional materials and additional information about its products, services, promotions and special offers that may be of interest to you, or collect and use that information subject to and for other purposes contemplated by the Policy.
(ii) In the event of a sale of all or substantially all of our business or another similar transaction (such as a sale of a division or business unit or internal reorganization), we may transfer or disclose your personal information to a purchaser or prospective purchaser, who may collect, use and disclose such information for the purposes of evaluating and/or effecting a proposed transaction or operating and managing the affairs of the acquired business, or for other purposes identified in the Policy.
(iii) We may transfer personal information to non‑affiliated third parties for processing on our behalf (such as fulfillment services, technical support, delivery services, warehouse and financial institutions) pursuant to agreements that prohibit the third parties from using or disclosing the personal information other than for the purpose of processing and which impose security safeguards appropriate to the sensitivity of the information. These third parties are only provided with the personal information necessary to perform their specific service. You acknowledge that your personal information may be processed and stored in the United States due to the location of our third-party processor and that United States federal or state governments, courts or law enforcement or regulatory agencies may be able to obtain disclosure of your personal information under the federal or state laws of the United States.
(iv) We reserve the right to disclose your personal information as required by law, in response to legal or regulatory process and law enforcement requests by government authorities that have asserted a lawful right to access such information, to our legal counsel, or as necessary to protect the property, interests and rights of the Company and any Company Affiliates.

How Do I Exercise My Choices About Receiving Promotional Communications?

You always have the right to direct us not to share your information with third parties (see “How do I exercise my choices about the collection, use and disclosure of my personal information?” below). With regard to the collection and disclosure of aggregate information however, please note that you will not be able to “opt out” as this information simply reflects statistical analysis of various aspects of the Site usage and does not include personally identifiable information.

What Are “Cookies” And “Web Beacons” And How Does The Company Use Cookies And Web Beacons On The Site?

Cookies are small data files that a website stores on your computer’s hard drive or in random access memory when you are viewing the website. They keep a record of your preferences, making your subsequent visits to the Site more efficient. In certain cases, this information is only kept during the session and is deleted when you close your browser. In other cases, the information is stored on your hard drive and, upon your next visit to the Site, the cookies are used to recall such information. Cookies may store a variety of information, including, a unique user ID that can be used to track the pages of the Site you have visited and the number of times that you view a particular page or other item on the Site, login or registration information, your preferences and your purchase history, where available.

No personal information is transmitted via cookies. Cookies, by themselves, cannot be used to reveal or discover the identity of the individual user; your acceptance of our cookies will not compromise your anonymity while using the Site.

We use cookies in order to improve the online experience of users of the Site. Your cookies help us keep track of your interests and, if you are a registered customer, your cookies allow us to recognize you when you return to the Site. If you register on the Site, your cookies also help us to monitor and maintain information about your use of the Site. If you have not registered with us, your cookies may be used in order to monitor and maintain non‑personally identifiable information about your use of the Site.

The use of cookies is a common practice adopted by most major websites to better serve their clients. Most internet browsers are designed to accept cookies, but they can be easily modified to warn you each time a cookie is being sent or to block all cookies. This is done through your browser settings; see your browser’s help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You should note, however, that without cookies, some of the Site’s functions will not be available, and you will lose some of the benefits of the Site as, amongst other things, we will not recognize you as a past visitor or a registered user.

Composite tracking information generated by cookies may be shared with third parties for the purpose of documenting Site activity, traffic accounting, content analysis and other trends. Statistical information is not linked to any personal information and cannot identify any individual user of the Site.

“Web beacons”, also sometimes called “pixel tags”, are small strings of code placed on a Web page or in an e mail message for the purpose of transferring data.

We and the online marketing company or companies that we use to help manage our Internet business and communications employ cookies and Web beacons placed on the Site’s pages to deliver our ads, to measure the effectiveness of our advertising, including our e mail promotions, and to learn how visitors use the Site. The ad serving technology uses non personal information about your visits to the Site and the sites upon which we advertise to serve our ads to you. In the course of delivering our advertisements, a unique third party cookie may be placed or recognized on your browser. The Web beacons used in conjunction with this third party ad cookie enable our ad server to recognize a browser’s cookie when a browser visits the Site and to learn which banner ads bring visitors to the Site. If you do not want your non‑personal information to be used to serve ads to you, please click here and click on the [“AD COOKIE OPT‑OUT” icon].

What Is “Phishing”?

“Phishing” is a scam designed to steal your personal information. If you have doubts about an email you receive from us, please contact us at info@marmaladesound.com.

How Do I Exercise My Choices About The Collection, Use And Disclosure Of My Personal Information?

We would like your consent to collect, use and share your personal information for the purposes and in the manner described herein, including in order to contact you and provide you with promotional communications. Nonetheless, we want you to know that you have choices and can refuse or withdraw your consent as described below.

You have the choice simply not to submit any personal information to us, however this may limit our ability to serve you as it may prevent you from purchasing items from the Site or participating in our contests. You may also choose only to submit information constituting required fields when making purchases or completing contest entries. In addition, you may choose to limit how we use your personal information by not allowing us to share such information with third parties by e‑mailing us at the contact link below.

In the event that you have already consented to the collection, use and/or disclosure of your personal information, you may subsequently “opt‑out” at any time, subject to legal or contractual restrictions and reasonable notice, by contacting our privacy officer as described in the section entitled “Contacting us” below, or by following the “opt‑out” instructions provided in the promotional materials sent to you. Our privacy officer will also be able to provide you with more information regarding the implications of withdrawing consent.

In respect of requests not to receive promotional communications from us, please be sure to include your full name, address, telephone number and any e‑mail address you used when you signed up or entered a contest on the Site, registered with or made a purchase from us. It may take up to ten (10) business days to process your request, during which period you may continue to receive communications from the Company or the Company Affiliates. If you prefer not to receive promotional information from the Company, please follow the unsubscribe instructions set out in the Policy or in the respective privacy policies and/or communications of the Company Affiliates.

How Can I Access Or Change My Personal Information Or Make Inquiries Or Complaints In Relation To The Policy And The Company’s Privacy Practices?

You are entitled to request access to, and, if necessary, correct your personal information collected by us. In order to make such a request, please contact our privacy officer in writing (see “Contacting us” below).

THE COMPANY WILL USE ITS COMMERCIALLY REASONABLE EFFORTS TO REMOVE ANY OF YOUR PERSONAL INFORMATION FROM OUR DATABASE WITHIN A REASONABLE PERIOD OF TIME PURSUANT TO A WRITTEN REQUEST FROM YOU. IN THE EVENT SUCH REQUEST IS SENT BY E MAIL, PLEASE IDENTIFY YOUR FULL NAME AND PLEASE TYPE “REMOVE REGISTRANT” IN THE SUBJECT LINE OF YOUR E MAIL.

You can also contact our privacy officer for any questions about or to make any complaint in relation to the Policy, as well as to the Company’s privacy practices in general (see the “Contacting us” section below).

How Long Is My Personal Information Retained?

We will keep your personal information only as long as is reasonably necessary for the purposes described in the Policy or such longer period as may be required by applicable law.

How Secure Is My Personal Information?

We take great care in trying to maintain the security of personal information we have collected. We have adopted physical and technological processes and procedures to protect the confidentiality of personal information and to safeguard personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, in light of, among other things, the sensitivity of the information and the purposes for which it is to be used. Furthermore, each and every Company employee, mandatary or agent must abide by the Policy. Although we do not take responsibility for any theft, misuse, unauthorized disclosure, loss, alteration or destruction of data, we take reasonable precautions to prevent such occurrences. The Company uses industry standards, such as Secure Socket Layers ("SSL") technology, to help safeguard against such occurrences. In certain instances, the information passed between your browser and the Company system is encrypted with SSL technology to create a protected connection between you and this Site to ensure confidentiality. In the event that a breach into the Company security systems occurs and there is a possibility that an unauthorized person acquires your personal information, the Company will notify you of such a breach under applicable law.

WHILE WE STRIVE TO PROTECT YOUR PERSONAL INFORMATION, WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US, AND YOU DO SO AT YOUR OWN RISK.

Access by Children

In light of the importance of protecting children’s privacy, we do not intend the Site for child audiences, and we do not seek to purposely collect, process or use on the Site any information relating to an individual whom we know to be under 13 years old without the prior, verifiable consent of his or her parent or other legal representative. If a parent or guardian discovers that his or her child has provided us with personally identifiable information, such parent or guardian has the right, upon request, to view the information provided by the child and/or to require that it be deleted from our records. In such a case we ask that the parent or guardian of the child contact us at the contact information provided in the “Contacting Us” section below for such purpose.

Third-Party Websites

THE SITE MAY CONTAIN LINKS TO OTHER WEBSITES THAT ARE NOT OPERATED BY THE COMPANY. THE POLICY DOES NOT APPLY TO THE PRACTICES OF THIRD PARTIES AND THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY SUCH THIRD PARTY PRACTICES OR FOR THE PRIVACY PRACTICES OF THE WEBSITES THAT IT DOES NOT OPERATE. BY USING THE SITE AND/OR ACCESSING A THIRD PARTY’S WEBSITE FROM THE SITE, YOU RELEASE THE COMPANY OF ANY RESPONSIBILITY FOR THE ACTIONS, PRACTICES AND OMISSIONS OF THIRD PARTIES. BY CLICKING ON ANY HYPERLINKS TO OTHER WEBSITES FROM THE SITE, YOU MAY AUTOMATICALLY SUBMIT TO THE PRIVACY PRACTICES OF THOSE WEBSITES. PLEASE CHECK THE PRIVACY POLICIES OF THESE THIRD PARTY WEBSITES. IN NO EVENT SHALL THE COMPANY OR ANY COMPANY AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR INJURY WHATSOEVER (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE MISUSE OF PERSONAL INFORMATION BY THOSE WEBSITES.

CALIFORNIA CONSUMERS

This section describes the rights you have under the CCPA if you are a consumer residing in California.

The categories of personal information we collect about California consumers (and that we may have collected in the last twelve months) and the purposes for which we collect this personal information are listed, respectively, in sections entitled “Information We Collect” and “How We Use Your Information” of this Privacy Policy. We do not sell your personal information. We may disclose all personal Information we collect for business purposes to service providers (and may have done so in the last twelve months), as further detailed in the section entitled “To Whom May My Personal Information Be Disclosed” of this Privacy Policy.

Request to Know about the Personal Information we have Collected and Disclosed

Once every 12 months, you may submit a verifiable request that we disclose the following information to you:

The categories or specific pieces of personal information that we have collected about you in the last 12 months, as well as the sources from which personal information is collected, the business and commercial purposes for collecting it, the categories of third parties with whom we have shared it; and
The categories of personal information about you that we have disclosed for a business purpose in the last 12 months.

Right to Request that we Delete your Personal Information

You may submit a verifiable request that we delete any personal information that we have collected about you, subject to the exceptions provided by the CCPA.

Methods for Exercising your Rights and Verification of your Identity

You may exercise these rights using one of the methods detailed in the section entitled “How Can I Access Or Change My Personal Information Or Make Inquiries Or Complaints In Relation To The Policy And The Company’s Privacy Practices?” of the Privacy Policy.
In accordance with applicable law, we must take steps to verify your identity before fulfilling any of the above requests. If you maintain an account with us, we may verify your identity through existing authentication practices for the account, such as you username and password. We may also verify your identity by matching two or three data points of identifying information you provide to data points we already maintain about you and have determined to be reliable for the purposes of verification, depending on the nature of your request.
You can authorize an agent to exercise any of these rights on your behalf, but we will take additional measures to verify the legal authority of your agent.

Non-Discrimination Right

We will not, because you have exercised any of the rights detailed in this Section 15, deny you any goods or services, charge different prices or rates for goods or services, or provide you with a different level or quality of goods or services.”

Contacting Us

We have appointed individuals who are responsible for the protection and security of your Personal Information.

If you have any questions or comments about this privacy policy or the way in which we treat your Personal Information, or if you want to request any information about your Personal Information please contact us at Data Privacy Officer 21000 Trans-Canadienne Baie D’Urfé, Quebec H9X 4B7

or via email at DPO@JAMINDUSTRIES.COM