Privacy Policy

At CybeArt Inc. (“CybeArt”, “we” or “us”), we respect the privacy rights of individuals and we are committed to keeping personal information accurate, confidential, and secure. We have adopted the following privacy policy (the “Privacy Policy”) to ensure that we continue to meet our commitment to privacy. Please review our Privacy Policy carefully to understand how we collect, use, protect and handle your personal information.

Introduction

We sell online gaming chairs, desks, phone cases, mousepads and related products that are branded with licensed trademarked logos using an online web-based store. In the course of selling these products and providing ancillary services, we may collect, with consent, certain personal information about you. We are responsible for the personal information of our customers that we collect, use or disclose.

“Personal Information” means information about an identifiable individual. This may include, without limitation, the individual's name, home address, age, income, health or financial information. Personal Information does not include the name, title, business address or telephone number of an employee of an organization.

This Privacy Policy describes the principles that we follow to ensure that we protect Personal Information that we receive, collect, use or disclose in the course of carrying on our business. All of our employees who have access to Personal Information must adhere to this Privacy Policy and related procedures. To this end, we have appointed a Chief Privacy Officer to ensure compliance by all CybeArt employees and to address privacy concerns.

By submitting your Personal Information to us through your use of our website or otherwise, you signify your consent to the collection, use and disclosure of your Personal Information in accordance with this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not provide any Personal Information to us through the website or any other manner.

Accountability

We have designated a Chief Privacy Officer. The Chief Privacy Officer is ultimately responsible for Personal Information under our control and is accountable for compliance with the terms and procedures of this Privacy Policy. Any individual that has questions regarding our procedures or wishes to make a complaint about our Personal Information handling practices should contact the Chief Privacy Officer. For contact information, please refer to the heading “Questions, Concerns and Complaints” below.

What do we do with your Information?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address, as well as other information that we believe may enhance or improve the shopping experience we offer to our customers.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing: With your permission, we may send you emails about our store, your order(s), new products or services and other updates.
Our store is hosted by Shopify Inc. on that company’s servers or the servers of parties with whom they contract. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall. If you have questions regarding Shopify’s privacy policies and terms, please visit the Shopify website at www.shopify.com.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

Consent

By using our website or submitting information to us through our website or otherwise, you hereby impliedly grant your consent to our collective use, storage and disclosure of your Personal Information. This Privacy Policy has been prepared to ensure that you are advised of the identified purposes for which your Personal Information will be used or disclosed.

Consent may be withdrawn at any time, subject to legal or contractual restrictions and reasonable notice. CybeArt will inform an individual of the implications of such withdrawal. However, we may collect, use or disclose Personal Information without an individual’s knowledge or consent in exceptional circumstances where such collection, use or disclosure is permitted or required by law, or where you violate our Terms of Service.

If, after you opt-in, you change your mind, you may withdraw your consent for us to contact you, or for the continued collection, use or disclosure of your Personal Information, at any time, by contacting us at:

Email: legal@cybeart.com

Mail: Cybeart Inc. 5100 Orbitor Drive, Suite 100, Mississauga, ON L4W 4Z4

Limiting collection

The information collected by us will be limited to those details necessary for the purposes we have identified and to perform the services requested. Information will be collected by fair and lawful means.

The kind of information we collect

CybeArt receives Personal Information including a customer’s name, contact information, home address, date of birth, bank account information, debit and credit card information and related purchase details.

CybeArt gathers and uses Personal Information in order to provide the products and services requested. We may also use Personal Information to update our services and to offer additional products or services that our customers may be interested in.

If you visit our website, we do not collect personally identifiable information about you unless you provide it. All information that you do provide us with is securely maintained and kept strictly confidential. This Privacy Policy does not apply to aggregated data from which it is not possible to determine the identity of a specific individual. We reserve the right to use aggregated data in any manner that we determine is reasonable and/or appropriate. By accessing and browsing our website, you agree that we may collect, use and disclose any Personal Information about you through our website as described in this Privacy Policy.

If you submit information and content to any public area of our website such as customer reviews, blogs, questions and answers, chat rooms, open forums, customer photos, such information and content will be considered “public” by us and will not be subject to any of the privacy protections or limitations set out in this Privacy Policy.

Anonymous information and “Cookies”

We may collect anonymous information about you. This means that the information collected cannot be traced back to a specific person. For example, our web servers may record certain information automatically when you visit our website. This information is collected using “cookies” and might include the pages you visited, your IP (Internet Protocol) address and other site usage statistics. This anonymous information is used for research and analytical purposes only (like evaluating how many visitors our website receives or which pages are visited most often). It does not reveal any Personal Information about you, the user. This aggregate data may be disclosed to third parties, but never with personally identifying information.

“Cookies” are small text files that contain a unique identification number that allows our computers to identify your web browser (but not you) each time you visit our website. The information helps us improve the functionality of the site and enhance the navigation and security of your session. Most major websites use this technology and most browsers are set up to accept them.

“Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

Please refer to our Cookie Policy for information about cookies and how we use them.

Limiting use, Disclosure and Retention

Personal Information will only be used or disclosed for the purpose for which it was collected or received unless you have otherwise consented.

In certain exceptional circumstances, we may have a legal duty or right to disclose Personal Information without your knowledge or consent.

How we use your information

We may use Personal Information to carry out one or more of the following:

To communicate with you in order to provide and market our products and services.
To assist in the development and marketing of our products and services.
To forward to financial institutions and debit and credit card associations (including Visa, Mastercard and Interac).
To develop, enhance, market, sell, provide and inform our customers of products and services of third parties, including our affiliates with whom we have a commercial relationship.
To update and verify our databases and information provided by third parties.
To improve and facilitate the functionality and customer experience of our website.
To engage in business transactions, including without limitation, the reorganization, purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposition, securitization or financing involving CybeArt or its affiliates.

We generally will only use Personal Information for the purposes (or comparable purposes) that we have previously disclosed. If, in the future, we want to use your Personal Information for a different purpose(s) that would be materially less restrictive than as stated in the version of the Privacy Policy that was in effect at the time we received your Personal Information, we will make reasonable efforts to notify you and obtain your consent to any such expanded or new uses as may be required by law.

Your rights

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

With whom we may share information

1. Our employees:

In the course of daily operations, access to Personal Information is limited to those employees with a legitimate reason for accessing it. As a condition of their employment, our employees are required to follow all applicable laws and regulations, including this Privacy Policy. Unauthorized use or disclosure of confidential Personal Information by any of our employees is prohibited and may result in disciplinary measures.

2. Our affiliates:

In order to better meet our customers’ needs, we may share some Personal Information with CybeArt affiliates. Should you not want to receive promotional materials from or have your Personal Information shared with CybeArt affiliates please contact the Chief Privacy Officer at the address, phone number or email address provided at the end of this Policy.

3. Cybeart third party contractors:

We may engage and coordinate third party contractors to provide you with certain services or products offered through our website. Such contractors are only given the information that is needed to provide the specific service or product for which we contract them to provide. Contractors are obliged to protect the confidentiality of your Personal Information and are prohibited from doing anything with this information that we have not authorized them to do. They are required to treat your Personal Information in a manner consistent with our Privacy Policy. Typical examples of such third party contractors would include, but are not limited to, persons:

Conducting research and analysis;
Providing payment processing;
Providing fulfillment services (delivery, communications);
Providing data verification and fraud prevention services; and
Providing site measurement and performance assessments.

4. Sale of business

We may transfer your Personal Information to a third party in connection with a reorganization, sale, merger or other disposition (whether of assets, stock or otherwise) of our business. Personal Information may be disclosed to a potential successor of our business, for the purpose of allowing the potential successor to assess and evaluate our operations.

Third-Party service providers

Links

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements/policies. Many of these links relate to social media platforms. Please be advised that Personal Information you voluntarily share and transmit online in publicly accessible blogs, chat rooms, social media platforms or other open forums can be viewed by others without any restrictions. We have no control over your Personal Information when you interact with social media platforms and you must assume any and all risks in providing Personal Information through such platforms or other open forums.

Safeguarding information

Personal Information is safeguarded using measures appropriate to the sensitivity of the information.

How we safeguard information

We will use reasonable efforts and security measures to protect Personal Information against loss or theft, as well as unauthorized access, use and disclosure. We have controls in place to maintain the security of our information and information systems. Files containing Personal Information are stored according to the sensitivity of the information contained therein and are backed up at offsite locations. Appropriate technological controls (such as passwords, encryption, firewalls) are placed on our computer systems and data processing procedures. Physical controls (such as locked filing cabinets, restricting access to offices, alarm systems) are in place as are organizational controls (such as staff training and access on a “need to know basis”).

We may store and process your Personal Information at our offices in Canada, or elsewhere, including outside Canada. To the extent we employ third-party service providers to store, access, handle or process Personal Information on our behalf; we will use contractual and other means in an attempt to provide a comparable level of protection. Service providers, however, may be located in various countries, so please be aware that authorized officials of governments in those countries may be lawfully able to access your Personal Information without your knowledge or consent pursuant to the laws of such countries.

Website security

Our website may contain links to other websites, including those of our business partners. We are in no way responsible and cannot guarantee the content or privacy of other sites linked to our website.

Age of consent

By using our website, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use our website. We do not knowingly collect information from or about persons younger than thirteen years of age and if we became aware of such collection, such information will be deleted.

Changes to the privacy policy

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on our website. If we make material changes to this Privacy Policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store or company is acquired or merged with another company, your information may be transferred to the new owners so that we or the new owners may continue to sell products to you.

Addressing complaints and suggestions

You may ask questions about our compliance with this Privacy Policy. We have policies and procedures to receive, investigate and respond to complaints and questions regarding this Privacy Policy and our receipt, collection, use and disclosure of Personal Information. Complaints will be investigated and where a complaint is found to be justified, we will take appropriate measures, including amending our policies and practices, when necessary. You may contact our Chief Privacy Officer to make a complaint, express any concerns or to request access to your Personal Information.

Questions, Concerns and Complaints

If you have any questions, concerns or complaints about your Personal Information, or about CybeArt’s Privacy Policy, please contact our Chief Privacy Officer – Krutik Patel, using the contact information provided below:

By Email: legal@cybeart.com

or by mail at: 5100 Orbitor Drive, Suite 100, Mississauga ON L4W 4Z4
Attention: Krutik Patel