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PRIVACY POLICY

 

Derivative Inc. (“Derivative”) respects your privacy and wants you to feel secure in your use of this Website and Derivative’s products and services. Derivative will not collect, use or disclose your personal information other than in compliance with this privacy policy (the “Policy”).


The Policy applies to this website (the “Website”) and Derivative’s products and service, including the TouchDesigner platform (“TouchDesigner”), accessed through the Website. It explains how Derivative and its affiliates protect, collect, use, and disclose your Personal Information and your right to access that information. “Personal Information” means information about an identifiable individual and includes, without limitation, any personally identifiable information that Derivative collects when you register for membership, join the Derivative mailing list, license or purchase any Derivative products or services and/or participate in any Derivative forum or blog, as well as any information that Derivative gathers about you through the use of “cookies” (as described below).


This Policy does not apply to the practices of companies that Derivative does not own or control, or to people that Derivative does not employ or manage, including, without limitation, any business partners.

 

1) Consent


By using the Website and/or providing Derivative with your Personal Information, you consent to the collection, use and disclosure of your Personal Information by Derivative as outlined in this Policy. You acknowledge that your consent is given unambiguously, freely, and for the specific purposes outlined in the Policy. You further agree that when providing consent, you are informed of what is set out in the Policy. You also acknowledge that you provide the Personal Information freely and without any statutory or contractual obligation.


If you do not agree to the Policy, then you may not access the Website or use any services set forth in the Website.


If you do not agree with the terms of this Policy, you should not provide Derivative with your Personal Information and should immediately discontinue all use of this Website. This Policy is subject to change without notice to you so please check back regularly. Your continued use of this Website will constitute your acceptance of any changes to this Policy.

 

2) Right to be Forgotten


If at any time you wish to remove your account or permanently erase your historical data stored by us, you may do so by emailing info@derivative.ca. We will remove all data that we are not required to maintain for taxation, audit, and/or legal reasons.

 

3) What information do we collect? How do we use this information?


Derivative collects your Personal Information in order to provide you with the most personalized Website experience possible.  Personal Information we collect from you may be used in one of the following ways:

 

        • To personalize your experience - your information helps us to better respond to your individual needs.
        • To improve our site - we continually strive to improve our site offerings based on the information and feedback we receive from you.
        • To improve customer service - your information helps us to more effectively respond to your customer service requests and support needs.
        • To send periodic emails - The email address you provide may be used to send you information, notifications that you request about changes to topics or in response to your user name, respond to inquiries, and/or other requests or questions.

Below we have categorized the types of Personal Information we collect and details about how we use it:

 

a) Membership Information


In order to download, license or purchase any Derivative products or services (including, without limitation, any components, files and scripts uploaded to this Website by licensees of TouchDesigner (“TouchDesigner Content”)), or participate in any Derivative forums , you must become a “Member” of Derivative.


As a Member, you will be required to provide to Derivative your Personal Information, including: first name, last name, user name, password, email address, organization (if applicable), physical address and country (collectively, “Membership Information”). Our lawful ground for collecting Membership Information, including Personal Information, is your express consent. By providing your Membership Information to us, you acknowledge that you are freely making that choice and that there is no risk of deception, intimidation, or coercion if you do not provide such information.

Your Membership Information will be used:

 

  • to facilitate, and to communicate with you in connection with, your downloading, licensing or purchase of Derivative products or services and to enforce the terms and conditions of this Website and any agreement between you and Derivative as they relate to the foregoing;
  • to assist Derivative in the customization of your user Web interface to suit your preferences; and
  • for the purposes set out under the headings, “Derivative Mailing List Information”, “Customer Information” and “Forum Participation Information” below, as applicable.
  • To enable you to communicate with other TouchDesigner users on the forums, blogs and commenting system.

 

b) Derivative Mailing List Information


You can choose to join the Derivative mailing list by checking the appropriate box when you provide your Membership Information. If you join the Derivative mailing list when you become a Member, Derivative will use your Membership Information to include you in, and communicate with you through, the Derivative mailing list.

You can also join the Derivative mailing list without becoming a member of Derivative. To do so, simply provide Derivative with your first name, last name, email address and organization (if applicable) where prompted to “Join Mailing List” on the home page of this Website. Derivative will use this information in order to include you in, and communicate with you through, the Derivative mailing list.

In addition to the lawful grounds set out under (“Membership Information”), our lawful ground for using your Membership Information for this purpose, including Personal Information, is your express consent and by checking the appropriate box, you acknowledge that you are freely making that choice and that there is no risk of deception, intimidation, or coercion if you do not provide such information.

c) Customer Information

If you license or purchase any Derivative products or services for a fee, you will become a “Customer” of Derivative. As a Customer, you will be required to provide to Derivative, in addition to your Membership Information, your credit card information and, as applicable, shipping address and telephone number. Your credit card information will be provided by Derivative to a third party credit card system for processing and neither Derivative nor such third party will maintain your credit card information on file after the applicable transaction has been processed. This means that your credit card information will be used only to process the transaction for which you provide it. For subsequent transactions, you will be required to re-enter your credit card information. Derivative will take appropriate measures to ensure that any third party to whom Derivative provides access to your credit card information for processing takes measures to protect the privacy of your Personal Information comparable to the measures set out in this Policy.

Also as a Customer of Derivative, you will have the privilege of uploading TouchDesigner Content to this Website, if you so choose. If you upload any TouchDesigner Content to this Website, Derivative will use your Membership Information in order to facilitate, and to communicate with you in connection with, your uploading of such TouchDesigner Content and to enforce the terms and conditions of this Website as they relate to same.

Our lawful grounds for collecting and using your Customer Information for these purposes is for (i) the processing of payments necessary for the performance of a contract with you, to take steps to enter into a contract with you, or to otherwise provide services that you have requested; and (2) our legitimate interests, which in this case are to enable us to properly administer our website and our business and to improve customer service.

 

d) Forum Participation Information

If you participate in any Derivative forum, blog, messaging or commenting system , Derivative will use your Membership Information in order to provide you with access to, and facilitate communication between you and Derivative and third parties in connection with, such forum. In addition, Derivative will use your Membership Information in order to enforce the terms and conditions of this Website as they relate to your participation in such forum.

Derivative may also use your Membership Information, as well as information available to Derivative through your use of any Derivative forum, to log the dates, frequency and number of your postings, transmissions and other distributions through such forum.

Any Personal Information that you post, transmit or otherwise distribute through any Derivative forum can be used, published, communicated to the public by telecommunication and/or reproduced by any other participant in such forum. Do not post, transmit or otherwise distribute through any Derivative forum any Personal Information that you do not want to be used, published, communicated to the public by telecommunication and/or reproduced by any other participant.

In addition to the lawful grounds set out under (“Membership Information”), our lawful ground for collecting and using your Membership Information for these purposes is our legitimate interests which in this case are to enable us to properly administer our website and our business and, to improve customer service.

 

e) Technical Information

When posting to the Website, we record the IP address that the post originated from. We also may retain server logs which include the IP address of every request to our server.

Our lawful ground for collecting this technical data (e.g., IP addresses and cookies) is our legitimate interests, which in this case are to enable us to properly administer our website and our business and to improve customer service.

 

4) How do we protect your information?


The security of your Personal Information is a priority for Derivative and its employees. Derivative has adopted appropriate security devices to safeguard your Personal Information when you enter, submit, or access your Personal Information against loss, theft and unauthorized access, disclosure, copying, use and modification. However, please remember that no method of transmitting or storing data is completely secure.

Access to your Personal Information is only given to those who require it to provide our products or services, or where permitted or required by law.

 

We have procedures in place to deal with a Personal Information breach, should one arise, and will notify you and any applicable regulator of a breach if we are legally required to.


5) What is your data retention policy?


Derivative will retain your Personal Information only for as long as is necessary to fulfill the purposes for which it is collected and any applicable government and/or legal requirements, subject to this Policy. When your information is no longer required for the purposes set out in the Policy, Derivative securely destroys it, or deletes your Personal Information from it.

 

6) Do we use cookies?


Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow). These cookies enable the site to recognize your browser and, if you have a registered account, associate it with your registered account.

Cookies may store a variety of information, including, without limitation, the number of times that you access this Website, your Membership Information and the number of times that you view a particular page, banner, etc. on this Website. If you do not want to accept cookies, your browser’s “help” function should provide you with information on how to block cookies, how to know when you have received cookies and how to disable cookies completely. That said, please be aware that if you do block or disable Derivative’s cookies, you may be unable to take advantage of some of the useful features of this Website.

We use cookies to understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

 

7) Do we disclose any information to outside parties?


We do not sell or trade, or otherwise transfer to outside parties your Personal Information. With respect to transferring data, the foregoing statement does not include trusted third parties who assist us in operating our site, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.

Notwithstanding any other term of this Policy, Derivative may disclose your Personal Information without your consent where such disclosure is:

 

  • made pursuant to court order or other legal or government compulsion;
  • related to an emergency, or to an offence that has been or is about to be committed;
  • made for the purpose of collecting a debt owed by you;
  • made to Derivative’s lawyers or other advisor in the course of their dealings with Derivative that is under an obligation to keep the information confidential; or
  • made to protect Derivative’s rights or property and/or that of Derivative’s members, customers, sponsors, providers, licensors or merchants.

 

8)  Third party links


This Website may, from time to time, provide you with links to additional resources that Derivative believes will be of interest to you (e.g., Websites featuring TouchDesigner artworks created by the owners of such Websites, or partner sites). These links will lead you to websites operated by third parties with their own privacy practices. Derivative is not responsible for such privacy practices. Accordingly, before accessing any third party Website to which this Website is linked, you should consider the applicable third party’s privacy practices.

Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

 

9) Opting Out

 

a) Forum Participation Opt Out

You may choose not to participate in, or receive postings, transmissions or other distributions through, any Derivative forum. If so:

 

  • do not participate in such forum;
  • indicate your desire not to disclose your email address to other forum participants by checking the appropriate box when you provide or update your Membership Information; and/or
  • if you have already posted, transmitted or otherwise distributed content disclosing your email address through such forum, send an email to info@derivative.ca to disable your membership so that any content posted, transmitted or otherwise distributed to your email address by other forum participants will not reach you.

 

b) Mailing List Opt Out

You may also choose not to receive mailing list communications from Derivative. In that case:

  • do not register to join the Derivative mailing list;
  • indicate your desire not to receive any mailing list communications from Derivative by checking the appropriate box when you provide or update your Membership Information; and/or
  • send an email to info@derivative.ca to be removed from the Derivative mailing list, as applicable.

 

10) Legal Rights (“Right to Object” and “Right to Withdraw Consent”)


Under some personal information laws, you may have specific rights in relation to personal information that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.

Some of these options may be exercised directly as outlined in the “Opt-Out” section. Alternatively, and to exercise any of the other rights set out above, please email our Privacy Officer (see “Contact Information” section below).

If you are not happy with any aspect of how we collect and use your Personal Information, you also have the right to object to the applicable privacy commission such as the Office of the Privacy Commissioner of Canada, Information Commissioner’s Office (ICO), the UK Supervisory Authority for data protection issues, or the European Data Protection Supervisor, as appropriate. We would be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.

 

11) Personal Information Located Outside of Canada


Derivative and its affiliates, and other third parties to whom we disclose information under this Policy may perform activities such as data retention or processing outside of Canada. As a result, your information may be securely used, stored or accessed in other countries and may be subject to the laws of those countries. For example, information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement in these countries.


With respect to users in the European Economic Area (EEA), we do our best to ensure a similar degree of security of Personal Information as the EEA by ensuring at least one of the following safeguards is in place:

 

  • We will only transfer or store personal data to countries that the European Commission have approved as providing an adequate level of protection for Personal Information; or
  • Where we use certain service providers, we may use specific contracts, codes of conduct, or certification mechanisms approved by the European Commission which give Personal Information the same protection it has in Europe; or
  • If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place.

 

12) Data Portability


Derivative provides the right for anyone whom we have Personal Information of to receive the Personal Information concerning him/her in a commonly used and machine readable format. A data subject also has the right to transmit this data to another “controller”, as defined in the GDPR.

 

14) Changes to our Privacy Policy


If we decide to change our Policy, we will post those changes on this page.

 

15) GDPR Compliance


Derivative continues to endeavor to comply with the EU GDPR framework as set forth by the European Union regarding the collection, use, and retention of personal data from European Union member countries.

                                                                                                                            
16) Contact Information


Upon request and reasonable notice, Derivative will provide you with information about your Personal Information held by it. You will be provided with an opportunity to confirm the accuracy and completeness of your Personal Information and to have it amended if necessary.

If you have any questions, comments or concerns regarding this Policy, please contact Derivative’s Web at:


Attention to: Privacy Officer
E-mail: info@derivative.ca
Address: Derivative Inc.
401 Richmond Street West, Suite 386
Toronto, Ontario, Canada, M5V 3A8
Telephone: 416-591-3555
Fax: 416- 591-0713

 

Date: April 17, 2019





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