Privacy Statement

Privacy Statement

Petal is committed to protecting the privacy of Users and Visitors’ information, including Personal Information, Users’ Data and other information.

In that respect, Petal is committed to complying with all requirements set forth in the Law, and more particularly the ones governing the collect, use, storage, sharing and disposal of Personal Information. In that respect, Petal has put in place various measures, practices and guidelines to ensure that the privacy and the confidentiality of Users’ and Visitors’ Personal Information and Users’ Data are ascertained.

This Privacy Statement applies to the Website and to any other Service offered by Petal, as well as to any content or Users’ Data rendered available via the foregoing, and describes Petal’s Website privacy practices, and more particularly: (i) the kinds of Personal Information and other information that Petal collects about Users and Visitors, (ii) why Petal collects them, (iii) how Petal uses them and protects them, and (iv) under what circumstances Petal shares them with its Business Partners (and with other third parties when required to do so by the Law). This Privacy Statement also describes the decisions Users and Visitors can make with respect to the collection, access, use and storage of their Personal Information and Users’ Data.

Petal may modify, from time to time, this Privacy Statement, as set forth in Section 8 hereunder. Users and Visitors should review this Privacy Statement regularly. Should they object to any changes made, they should stop using Website and any other Services and close their account (or delete any Users’ Data or content). By continuing to use any of the foregoing after this Privacy Statement was amended, Users and Visitors are deemed to adhere to the terms and conditions of the Privacy Statement as amended.

  1. Definitions and Interpretation
    1. For the purposes of this Privacy Statement, the terms set forth in this Section have the meanings assigned to them below:
      • “Agreement” collectively designates this Privacy Statement and the User Agreement, as may be amended by Petal from time to time, the whole in accordance with Subsection 12.2 of the User Agreement or Section 8 of this Privacy Statement.
      • “Application” means Petal’s application, which is compatible with various electronic devices, such as but not limited to iPhone, iPad and iPod touch and also accessible through web browsers.
      • “Business Partners” designates Petal’s affiliates or other business partners which assist Petal in the development of the Website and other Services, such as Facebook and Apple, which offers marketing or promotional tools and platforms, as well as pharmaceutical companies, medical associations and financial institutions which offer various services, products, goods or promotions to the Users via Petal’s platform, the whole as set forth in Section 2.2 of this Privacy Statement.
      • “Content” means any information (such as data files, text, software, audio or other files, photographs, videos or other images) rendered available by Petal on the Website or via the other Services.
      • “Cookies” designates the small text files that are placed on the hard disk of Users and Visitors’ computer when Users and Visitors browse on the Website, run the Application or otherwise use the Services, and which either disappear from said computer when Users or Visitors close their browser software or turn off their device (in cases of session-based cookies) or remain on said device even if Users and Visitors close their browser or turn off their device (in case of persistent-based Cookies).
      • “De-Identified Personal Information” means Personal Information from which a person’s name or other unique identifier has been irrevocably removed, so that the information can no longer be linked to an identifiable individual.
      • “Law” designates all applicable laws in force in the province of Quebec including the ones pertaining to: (i) the protection of Personal Information such as the Act respecting the protection of personal information in the private sector (Quebec), (ii) health information (iii) the legal framework for Information technology, and (iv) electronic communications such as Canada’s Anti-Spam Legislation, as well as in any other overriding provision or public order provision in force in the jurisdiction (such as any other Canadian province or territory) in which the Services are provided (or the Personal Information, Users’ Data and other information are stored) and which would apply irrespective of the choice of governing law.
      • “Personal Information” means any information about an identifiable individual, such as its name, telephone number, address, email address, profession, qualifications and license number.
      • “Petal” designates Petal Solutions Inc., a legal person governed by the Business Corporations Act (Quebec), as well as its Representative and, wherever applicable, any other entity to which Petal’s rights and obligations are assigned or vested following a corporate reorganisation or a business transaction (as described in Subsection 3.1).
      • “Privacy Statement” means this Privacy Statement, as may be amended by Petal from time to time, the whole in accordance with Section 8 hereunder.
      • “Representative” means any beneficiary, mandatory, adviser or other authorized representative (such as healthcare professionals’ assistants) who has been authorized by Law or pursuant to an agreement to represent and act on behalf of any User, Visitor or Petal in connection with this Privacy Statement.
      • “Services” means functions and services such as, but not limited to, scheduling, collaboration, secure messaging, education and documentation that Petal makes available through its technological platform available via: (a) its Website (including, subdomains, widgets and mobile versions); (b) its Application; (c) the Content; (d) or any other programs, media and software designed to be run on electronic devices, existing now or developed in the future, as well as all Content offered via the foregoing.
      • “User” means: (i) a physician, a student in medicine or in any other health care profession, a nurse practitioner, a physician assistant or any other healthcare professional, (ii) an healthcare institution or other entity operating in the field of healthcare, as well as (iii) their authorized Representative.
      • “User Agreement” means the user agreement that any User of the Website, Application, Content, account or other Service concluded with Petal by joining, downloading, registering or subscribing to any of the foregoing.
      • “Users’ Data” means all data or information uploaded by Users for hosting and processing purposes when using the Services, such as Personal Information or information such as, but not limited to, documents, meetings, schedules, messages, and trainings.
      • “Visitors” means all persons browsing on or visiting Petal’s Website, or having enquired about the Services, made comments, participated to a contest or survey or registered their contacts details with Petal for the purpose of receiving communications, information.
      • “Website” means Petal’s website (http://www.petal.com/).
    2. Grammatical variations of any term defined herein have a similar meaning. Words importing the singular number shall include the plural and words importing the masculine gender shall include the feminine and neuter genders and vice versa. In addition to the foregoing definitions, the words “including” shall be deemed to be followed by the phrase “without limitation.” The word “will” shall be construed to have the same meaning and effect as the word “shall.” The words “herein,” “hereof” and “hereunder,” and words of similar import, shall be construed to refer to the terms and conditions provided for in the Privacy Statement.
    3. With respect to any User, this Privacy Statement shall be deemed to form an integral part of the User Agreement and shall together form the entire Agreement between the User and Petal, the whole as more fully provided for in the User Agreement, which was brought to the attention and accepted by all Users.
  2. Collection and Use of Personal Information

    In addition to this Website, Petal provides a variety of online Services to Users and other forms of assistance or services to Visitors. In the course of providing Services to the Users, Petal collects information from them, the whole as set forth hereunder. Petal also collects information from Visitors when they enquire about Petal’s Services, participate in any contest or survey, submit their application or otherwise navigate on Petal’s Website. In both cases, Petal collects such Personal Information only for the purposes detailed in this Privacy Statement.

    Besides, each employee of Petal – who collects, stores or uses Personal Information (or Users’ Data) in the name and on behalf of Petal – is required to ensure that the collection, use, disclosure, storage and disposal of this information is done in compliance with this Privacy Statement, the Law and any other relevant procedure.

    1. Information Collected about Users and Visitors
      • Requests for Information, Comments and Other Inquiries

        When Visitors and Users express an interest in obtaining additional information about the Services, in subscribing to any Service or in opening an online account, Petal will require them to provide their personal contact information (such as their name, phone number, email address or address) and – if required to properly respond to their inquiry, comment or demand – their profession or medical specialty, their license number and their department and hospital affiliation or place of work. Such Personal Information is collected in order for Petal: (i) to be able to communicate with the Visitors and Users, (ii) to verify if they qualify as a “Users”, (iii) to determine which kind of Services would be required or desirable for them; and (iv) to respond to their enquiries, comments or requests for information.

      • Account Registration

        When Visitors register to open an account, Petal requires them to provide their name, email address (or address), telephone number, license number and hospital or department affiliation (or place of work). Petal requires this information to ascertain that new Users qualify as a “Users” and to communicate with them whenever required (notably when material changes are made to the Agreement).

        In the course of creating its account, any new User must also provide a password and must agree to be bound by the terms and conditions of the Agreement. During that registration process, such new User may provide additional information to build its profile. Once the account is created, other Users may be able to identify the new User by its Petal’s profile, send it invitation(s) to be part of their group or synchronize their schedule, calendars or account with the ones of the new User.

      • Purchase of Services

        When Users purchase Services, Petal will collect their credit card information (or other information regarding any other means of payment). Users may also be requested to confirm their name, address, email address (or address), license number, hospital or department affiliation (of the place where they work) and any other information required to ascertain that said User can proceed with the transaction. For instance, Petal may request that a User discloses its title and functions should such User wish to purchase Services or upgrade the account of the Users working in its department. Such information will allow Petal: (i) to proceed with the transaction, (ii) to deliver and perform the Services requested and (iii) to communicate, wherever required, with any User.

      • Contests and Surveys

        Petal may conduct contests and surveys via its Website and other Services. In that respect, Users and Visitors may be asked to provide Personal Information such as their name, address and email address. Users and Visitors will also be required to provide answers to the survey questions (or wherever applicable to the contest question(s)). Petal or its Business Partners may also provide Users and Visitors with incentive offers to encourage Users and Visitors to participate to Petal’s contests and surveys, which offers may also require the disclosure of Personal Information. The choice to participate in said surveys and contest or to take advantage of any incentive remains, at all times, at the sole discretion of the Users and Visitors. Any Personal Information obtained by Petal in connection with the foregoing will only be used to contact the contest participants and for any other purpose expressly set forth in said survey or contest or permitted by the Law.

      • Newsletters and Events

        When Users and Visitors register to receive publications, brochures or newsletters or to attend any event that Petal hosts or organises, said Users and Visitors will be required to provide Petal with their names and email address. This Personal Information is essential to send Users and Visitors the tickets and information pertaining to the event, or the publication, brochure or magazine to which they subscribed. Depending upon the type of publication or event organised, Users and Visitors may have to communicate additional Personal Information. This will be notified to Users and Visitors prior to the collect of such information. Users and Visitors may request at all times to be removed from any mailing list, the whole as set forth in Subsection 5.1.

      • Customer Service

        When Users and Visitors communicate with Petal’s Customer Service, said Customer Service will have access to any information they communicate or otherwise disclose, such as their name, email address, telephone number and address, as well as any opinion, question, or comment made. Petal’s Customer Service will thereafter collect the information needed: (i) to categorize the communication, (ii) to respond to any enquiry, comment or request for information, (iii) to send any information requested, (iv) to investigate any breach of the Privacy Statement or Agreement; or (v) to track problematic situations to see if they are isolated or are rather part of a more generalised problem.

      • Information Shared by Users via the Services

        When using the Services, Users will upload various types of Users’ Data. Petal may collect – for analytic and statistical purposes – such data Users provide, disclose or otherwise render available about themselves or about others when using the Services via their account or session. Petal may also collect information regarding the content shared or communicated by others and information about Users’ network and groups. Users’ Data and other information collected could include: (i) the information in or about the content Users provide, such as the date the information was rendered available and the place from which such content was published, (ii) the type of Content (or Users’ content) viewed or published and (iii) the manner that the Content, Website or other Services are used. 

      • Information Shared on Facebook

        Petal shares information about itself and its Services on Facebook. Similarly, Users and Visitors sending or accepting Petal’s “friend request” or otherwise “following” Petal share information that said Users or Visitors (or their “Facebook friends”) posted on their Facebook page. Accordingly, Petal may see or consult the information available on these Facebook pages such as the name, age, city and place of work of such Users and Visitors, as well as any other information available on their “wall” or page. Users or Visitors can always choose the audience that can see what they share. Accordingly, unless Users and Visitors limit the information displayed via their Facebook privacy settings or the Facebook audience selector, Users and Visitors are deemed to have agreed to share such information with their “friends” or persons they “follow” including Petal.

        Should Petal or its Business Partners collect any information available on Facebook, they shall do so on an aggregate and de-identified basis, the whole for analytical and statistical purposes only.

      • Promotions and Marketing

        Petal may use – for marketing purposes – the Personal Information provided by Users and Visitors pursuant to Subsections 2.1. For example, Petal may use such information to contact Users and Visitors to further discuss their interest with respect to the Services and to send them information regarding Petal’s promotions and events. Such communications will be made in accordance with the Law, including the National Do-Not-Call list and Telemarketing Rules and the Canada’s Anti-Spam Legislation. No marketing or promotional email will be sent to Users or Visitors without their prior (express or implied) consent. In that respect, Users and Visitors may withdraw their consent at any time by clicking on the “unsubscribe” mechanism provided for in all Petal’s emails or by any other means set forth in Subsection 5.1.

      • Board, Blogs and Chatrooms

        Petal may provide message boards, blogs, or chat rooms via Petal’s Services. In such a case, Users may use such platforms to share Users’ Data or other content about themselves. Any Personal Information (or Users’ Data) Users choose to submit in such a forums may be read, collected, or used by others visiting these forums. Furthermore, Users may share information about other Users with the audience they choose or with all Users and Visitors having access to these platforms. For example, people may share a photo of another User, mention or tag such User at a location in a post, or display information that said User formerly communicated with the others. Petal is not responsible for the Personal Information (or Users’ Data) Users choose to submit in these forums or other platforms. Petal invites any User or Visitor having concerns with respect to any post to report such post in the manner set forth in Section 9 hereunder.

      • Users Testimonials

        Petal posts a list of Users and testimonials on its Website that contains information such as Users’ names and titles, as well as their opinion or comments contained in such testimonials. Prior to posting any information on such list or page, Petal always obtains the prior consent of each User by contacting it personally (by email, by telephone or otherwise). Users are free to accept or decline Petal’s invitation and thereafter can request, at all times that their testimonials or Personal Information be removed from Petal’s webpage or list, the whole as set forth in Section 9 hereunder.

        Petal does not however control the communications that such Users may receive from other Users in connection with these testimonials and list. Should any User wish to report any communication received regarding its testimonial or other information, then it should contact Petal in the manner set forth in Section 9 hereunder.

      • Job Applications

        Petal collects personal information that is voluntarily provided to it when job applicants apply for a job position by email (via jobs@petal.com). Such application is voluntary, and job applicants choose the information they wish to submit to Petal.

        The Personal Information submitted will be shared only with those people in Petal’s organization who need the information: (i) to assess and verify job applicants’ qualifications, knowledge, skills and experience; (ii) to conduct reference and background checks and otherwise to verify the information submitted to Petal; (iii) to communicate with job applicants; and (iv) to improve the recruitment process.

        In addition to the Personal Information obtained from job applications, Petal may also conduct its own verification and obtain additional Personal Information. For instance, employment at Petal is contingent upon the completion of a satisfactory background check. Accordingly, Petal reserves the right to conduct criminal (or other) background check(s). Should any background check be the reason for which Petal cannot hire a job applicant, Petal will notify that observation to such applicant and provide it with a copy of its criminal background check.

      • Future services

        Petal is continuously striving to improve the Services offered, or create new Services to better suit Users’ needs. Furthermore, new partnerships or other business transactions may lead to the implementation of new features or Services. The foregoing may result in the collection of new Personal Information about Users. Should Petal: (i) start collecting additional Personal Information or substantially new types of Personal Information, or (ii) materially change how it handles such information, then Petal will notify this change to the Users and Visitors accordance with Section 8 hereunder.

    2. Information obtained from other Users and Business Partners
      • Referrals

        Users and Visitors may elect to use Petal’s referral program to inform colleagues about Petal’s Website or other Services. In such a case, Petal requests Users or Visitors to provide their colleague’s name and email address, and will automatically send such colleague a one-time email providing information about Petal Services and inviting him or her to visit Petal’s Website. Thereafter, the communications with said colleague will be made on an (expressed or implied) consent basis.

      • Business partners

        Petal receives information about Users from Business Partners when Users use third-party websites or services that use or are integrated with Petal’s Services.

        For instance, when a new Users download the Application via the Apple Store, then Apple obtains Personal Information and other information required for the successful download of the Application.

        Likewise, each time a User or a Visitor opens a Facebook account to “follow” or become “friend” with Petal (or otherwise learn more about Petal) then Facebook obtains all Personal Information disclosed by said Visitor or User.

        Finally, other Business Partners may post or otherwise render available documentation or other information about the products, goods, services or promotions they offer and which either complement Petal’s Services or can be obtained via Petal’s platform.

        Information collected by these Business Partners is subject to the agreements concluded between them and Petal. In that respect, each Business Partner will have either accepted Petal’s terms and condition or negotiated an agreement to use Petal’s platform and technology via any Service. In both cases, the agreement concluded will require Business Partners to comply at all times with this Privacy Statement and to put in place measures to guarantee the safety or confidentiality of any Personal Information (or Users’ Data).

    3. Information Collected about Users and Visitors via the use of Cookies

      As Visitors and Users browse on Petal’s Website or uses other Services, Petal may collect Personal Information such as: (i) standard information from their Web browser (such as browser type and browser language), (ii) their Internet Protocol address, (iii) the actions they take on Petal’s Website or other Services, such as the Web pages viewed and the links clicked, and (iv) any other information described below the whole through the use of commonly-used information-gathering tools.

      • Persistent Cookies

        When Users and Visitors browse on the Website or use the other Services, a unique identifier is assigned to their device. This unique identifier is associated with a persistent Cookie that Petal places on their Web browser. Such Cookie can only be read by Petal and is used to identify browsers that have previously visited the Website or use any other Service.

        For instance, Preference Cookies allow the Website, Application and other Services to remember information, such as Users and Visitors’ IP address, the preferred language, the region where they are located, the size of the lettering and any other setting that Users or Visitors can select. This allow Petal: (i) to personalize the Website (and other Services) or account, (ii) to recognize Users and Visitors when they return to the Website, use again any other Service or log into their account; and (iii) to enhance their browsing experience by avoiding that Users and Visitors need to recurrently select settings or other information.

        Likewise, when Users and Visitors browse on the Website or when Users use the Services, Petal may collect – for analytical and statistical purposes – information regarding the manner in which Users and Visitors interact with the Content or Users’ content, as well as information from or about the electronic devices used to access the Website and other Services. In that respect, Statistical Cookies collect information such as: (i) the date and time Users and Visitors last visited the Website (or other Services), (ii) the pages or Content consulted, viewed or published, (iii)  the information in or about the content that was provided, such as the date the information was rendered available and the place from which such content was published, (iv) , (v) the manner that the Content, account, Website or other Services are used, (vi) the attributes of the Users’ and Visitors’ operating systems, (vi) the device locations, and (vii) the connection information, such as the time zone and IP address.. These Cookies allow Petal to obtain statistical information such as how often the Website (and other Services) or certain specific pages are visited and what kind of Content was find most interesting. This information helps Petal to improve the Website and other Services according to the Users’ and Visitors’ needs or fields of interests.

      • Temporary Cookies

        Petal also uses Temporary Cookie containing an encrypted unique identifier that is placed and remains in Users’ and Visitors browser until they close their browser software or turn off their device.

        One example of that type of Cookies are the Process Cookies, which help making the Website and other Services work properly when Users and Visitors are browsing from one page to the other. These Cookies also assist Petal in keeping track of Users’ orders and requests, and in delivering the Services Users subscribed to.

        Users may also encounter Session State Cookies which help Petal delivering high quality Services and improving the Website, Application, Content, account or other Services in maintaining Users’ Session or email account active. These Cookies also collect information about how Users and Visitors interact with the Website (or other Services), such as the pages that are the most often visited or the failure to access these pages. These Cookies allow Petal to improve the Website (and other Services) and their functionalities.

        Finally, Security Cookies are used each time they login their account or purchase Services. These Cookies contain an encrypted, unique identifier that is tied to Users’ account and placed in their browser, allowing Petal to uniquely identify Users when they are logged into their account and to process their online transactions and requests. In authenticating Users, these Cookies aim to prevent fraudulent use of login credentials and to protect Users’ Data and other Personal Information from unauthorized access.

      • Possibility to Refuse the Use of Cookies

        Users and Visitors have the ability to accept or decline Petal’s use of Cookies on the Website and other Services (such as blogs or chatrooms) that can be freely accessed without login into an account or session by turning them off or blocking them in their browser. Blocking or deleting Cookies will not render the foregoing unusable. However, loss of the information stored in Preference or Session State Cookies may make Users and Visitors’ experience somewhat less enjoyable, as they will be treated as new visitors each time they browse on the Website or use any other Service and thus will have to select language settings (and any other settings) on a recurrent basis.

        However, Users cannot block or delete all Cookies when they log into their account or session as Process Cookies, Session State Cookies and Security Cookies are essential for ensuring that the foregoing (and any Services furnished via the foregoing) functions properly (by linking one page to the other or by maintaining sessions and accounts encrypted). Nonetheless, even if they cannot be blocked without affecting Users and Visitors’ ability to use the Website or other Services, these Cookies are of a temporary nature; accordingly, they will disappear when browser software are closed or devices are turned off.

        Users or Visitors experiencing problems with the functionalities of their account or any other Service should contact Petal in the manner set forth in Section 9 hereunder.

  3. Sharing of Information Collected

    Unless described in this Privacy Statement, Petal does not share, sell, rent, trade, disclose or otherwise render available any Personal Information or Users’ Data.

    1. Personal Information and Users’ Data

      Personal Information and Users’ Data are not used or disclosed to third parties for purposes other than for which it was collected unless the User or Visitor concerned consented thereto or the Law authorized such other use or disclosure. In that respect, Petal may disclose Personal Information or Users’ Data to its Business Partners that facilitate the provision of any Service, such as by providing assistance to Petal with respect to the maintenance and development of its platform. Any such Business Partner will have a limited access to the Personal Information or Users’ Data on a “need-to-know” basis in order to provide the agreed services to Petal, and will be contractually bound to comply with all terms and conditions set forth in this Privacy Policy and to take all measures required to guarantee the safety and the confidentiality of such Personal Information and Users’ Data. Petal shall advise any User or Visitor which enquires about the use made of such information, and whether it has been disclosed to third parties.

      Despite the foregoing, Users’ and Visitors’ Personal Information may be transferred to a potential purchaser or other corporation in connection with a business transaction or corporate reorganization, such as if Petal is to be sold, merged or amalgamated or if substantially all of Petal’s assets are to be sold or disposed of, the whole to the extent however that such communication is necessary for the purposes of deciding whether to proceed with the sale or other transaction.

      Finally, Petal reserves the right to use or disclose Personal Information or Users’ Data if it reasonably believes that such use or disclosure is necessary to protect Petal’s rights, to comply with a judicial proceeding, a court order, or a legal process or for any other purpose set forth in the Law allowing or requiring the disclosure of Personal Information.

    2. De-Identified Information

      Petal may use de-identified Personal Information or Users’ Data for training, research and promotion purposes. Also, Petal reserves the right to disclose, market, license and sell De-Identified Information for any purpose without restriction, as the Law does not impose restrictions on the use and disclosure of De-Identified Information.

  4. Storage of Personal Information

    Subject to applicable Laws, Petal shall retain and store Personal Information or Users’ Data only for the purposes detailed above and as long as it is necessary for the determined purposes. Accordingly, Petal may retain Personal Information or Users’ Data even after a User deleted its account, if retention is reasonably necessary: (i) to comply with the Law, (ii) to resolve disputes, (iii) to prevent fraud, abuse or any contravention to the Law, or (iv) to enforce this Privacy Statement. Likewise, Petal’s Customer Services may retain Users’ and Visitors’ Personal Information as long as it is required: (i) to respond to any enquiry, (ii) to communicate with said Users and Visitors and, if deemed relevant, (iii) to generate trends analysis.

    In that respect, Petal has put in place measures of control, timeframes and guidelines pertaining to the storage and retention of Personal Information (and Users’ Data) and to the destruction of files and other supports containing such Personal Information (and Users’ Data) when deemed no longer required or relevant under the Law or for the purposes listed in Section 2.

  5. Access, Correcting and Updating Your Information

    Users and Visitors may consult, correct and update at all times any Personal Information Petal collects, uses and stores about them. They can also edit and update Users’ Data they uploaded or otherwise rendered available on the Website or other Services.

    1. Access, Correcting and Updating the Information Collected by Petal
      • Updates and Changes of Registration Information

        Users may update or change their registration information (and Users’ Data) by editing their account profile.

        To update a User profile, Users should login to www.petal.com with their Petal username and password and enter their profile section.

        To update their group’s information, User should login to www.petal.com with their Petal username and password and send a message to Petal Support. Users can also update or amend the foregoing at any time by contacting Petal as indicated in Section 9 hereunder.

      • Information Used for Promotional and Marketing Purposes

        As provided for in Subsection 2.1 above, Petal may communicate with Users and Visitors for promotional and marketing purposes by the following means: email, mail (postal), telephone and text messages. Petal will use the same means of communication chosen by the Users and Visitors to contact Petal or the preferred means specified by them.

        Users and Visitors wishing to be removed from one or more of Petal’s promotional mailing lists should do so by one of the following manner. To be removed (in other words, to unsubscribe) from Petal’s promotional text message lists, Users and Visitors can simply reply to the text message with the word “STOP” or “Unsubscribe”, or click on the ready-to-use unsubscribe link in the text message. Users and Visitors can always unsubscribe from receiving promotional emails simply by clicking on the ready-to-use “unsubscribe” mechanism provided at the bottom of each email. Should any User or Visitor wish to be removed from one or more promotional lists, they can do so by specifying, on an email, letter or phone call (at the telephone number or addresses as set forth in Section 9 below) from which list(s) they wish to be removed.

      • Correction of any other Personal Information

        Every User or Visitor from which Petal has collected Personal Information or Users’ Data (as described in Section 2) is entitled to communicate with Petal in the manner set forth in Section 9 : (i) to modify its file, (ii) to correct inaccurate, incomplete or ambiguous information, (iii) to have outdated or irrelevant information struck out, or (iv) to make written comments and have them filed on record.

    2. Correcting and Updating Users Data

      Users can upload, manage, edit, delete or upload their Users’ Data or the content and other information they share when using the Website or any other Service. Users can also do the same when using their account.

      When Users request their account and their personal information to be deleted such content will not be accessible to the other Users anymore. Despite the foregoing, any User should keep in mind that the information that other Users have shared about it is not part of its account and thus will not be deleted when said User deletes its account or any content. For this reason, any such User may be prevented from correcting, deleting or otherwise editing any information pertaining to it but shared by other Users. Should any information posted by other Users infringe the Law (including any User’s rights), then Petal will delete such information upon being made aware of this situation and after verifying User’s allegations.

    3. Fees Pertaining to the Access, Correction or Updating of Personal Information and Users’ Data

      Users can readily and freely update their account or profile, or otherwise modify, edit or delete any Users’ Data published, the whole as set forth in Subsection 5.2. Likewise, requests for Access to, Correction of or Updating any Personal Information made pursuant to Subsection 5.1 are free of charge. However, in either case, Petal may require a reasonable fee for the reproduction and forwarding of Personal Information or other Users’ Data. Petal will notify ahead of time to the User or Visitor the amount of these fees if applicable.

  6. Security
    1. Measures Implemented

      Petal uses robust physical, electronic, technological, organizational, contractual, and managerial security measures: (i) to protect the security and privacy of the Personal Information and Users’ Data from losses, thefts or unauthorized access, disclosure, copying, use or modification; (ii) to maintain data accuracy, and (iii) to help ensure that Personal Information and Users’ Data are appropriately used. When the Services are accessed via Internet, Secure Sockets Layer (SSL) technology protects Personal Information or Users’ Data by using server authentication and data encryption. This technology helps ensuring that any Personal Information or Users’ Data is safe, secure, and only available to authorized persons. Users and Visitors should look at the lower left-hand corner of their browser to make sure they are accessing the secure server (before submitting Personal Information or Users’ Data). If they see an unbroken key or a closed lock (depending upon the browser), then SSL is active. To double-check for security, Users and Visitors should look at the URL or location line of the browser. If Users have accessed a secure server, the first characters of the address in that line should change from “http” to “https.”

      If for any reason Users or Visitors cannot access the secure server, or are not quite comfortable when using the Website or any other Service, they should feel free to contact Petal in the manner set forth in Section 9.

      Petal also implements an advanced security method based on dynamic data and encoded session identifications, and Petal hosts its Website and other Services in a secure server environment that uses firewalls, intrusion detection systems and other advanced technology to prevent interference or access from outside intruders. Users are responsible for choosing a strong password (e.g. by avoiding using consecutive identical characters, and by including number as well as uppercase and lowercase letters) and for maintaining the security and confidentiality of their usernames and passwords.

      Furthermore, access to any Personal Information and Users’ Data is granted to Petal’s employees, sub-contractors, representatives, suppliers and Representatives on a “need-to-know” basis only.

      Finally, Petal processes, stores and retains Personal Information and Users’ Data on its servers located within the territorial limits of Quebec or in any other province or territory where its Services are available. Accordingly, such information will only be subject to the Laws in force in these Provinces and the terms and conditions of this Privacy Policy. Despite the foregoing, should the Users and Visitors be located in other jurisdictions, than the disclosure Personal Information and Users’ Data may be allowed or required under additional circumstances pursuant to any superseding Law in force in these jurisdictions, and accordingly governmental authorities or other entities may be entitled to access Personal Information and Users’ Data in situations that are not contemplated under this Privacy Statement.

    2. Reminder

      Identity thieves sometimes send fraudulent emails to trick web surfers into divulging personal or financial information. Should Users or Visitors receive an email that looks like it is from Petal asking for Personal Information, they shall avoid responding to such email. Petal will never request account password, Users’ name or financial information through emails. If any User or Visitor has received or entered Personal Information (or Users’ Data) in response to a suspicious email, pop-up or phony website claiming to be affiliated with Petal, please call Petal immediately by any of the means set forth in Section 9 below.

      Likewise, while Petal strives to put in place all measures required to protect and ensure the confidentiality of Users’ and Visitors’ Personal Information (and Users’ Data), no method of transmission of Personal Information, including the ones on the Internet, is completely secure. Hence, Petal cannot guarantee the absolute security of such Personal Information (and Users’ Data).

  7. Links to Third Parties’ Websites

    Occasionally Petal may provide, on its Website or via any other Service, links to other websites or pages of interest. These sites operate independently of Petal’s Website and other Services, and have established their own privacy and security policies. For the best online experience, Petal strongly encourages Users and Visitors to review the policies of any website they visit. Petal is not responsible for the content or practices of any linked websites, which are provided solely for convenience and information.

  8. Changes to this Privacy Statement

    Petal reserves the right to change this Privacy Statement. Should any material change be made to the Privacy Statement, then Petal will provide notification of such material change to all Users and Visitors prior to the change taking effect. With respect to Users, Petal will bring to their attention the Privacy Statement as amended the first time they will log into their account following such amendments. As to the Visitors, Petal will provide notification of any material change made to this Privacy Statement through Petal’s Website the whole: (i) via a banner notice on the Website, or (ii) through any other means including mobile number, telephone or mail. Users (and where applicable Visitors) thus agree to keep their contact information up to date. Thereafter, the Privacy Statement as updated will be rendered available and easily accessible via Petal’s Website or other Services. Likewise, Petal will post an updated version of this Privacy Statement each time a minor or ancillary amendment is made to this Privacy Statement. In that respect, Petal recommends Users and Visitors to check periodically this Privacy Statement in order to review Petal’s current practices.

    Users and Visitors can tell if this Privacy Statement has changed by looking at the effective date appearing at the bottom of said Statement.

    Users or Visitors’ continued use of the Website (or other Services) will constitute acceptance of any amendment. Should any User or Visitor disagree with the amendments made to the Privacy Statement, it shall immediately stop accessing or using Petal’s Services and shall delete their account and content.

  9. Contacting Petal

    Petal has appointed a Freedom of Information and Privacy coordinator to ensure compliance with this Privacy Statement and the Law. Questions regarding this Privacy Statement should be directed to this coordinator by any of the following means:

    Address: 350 boul. Charest Est, office 300 Quebec, Quebec G1K 3H5
    Email: security@petal.com

    Please note that requests and demands made by email or telephone between 9:00 am and 3:00 pm should be answered within the same day. Requests and demands made by mail should be dealt with within 5 days of receipt. In either case and depending upon the number of requests received by Petal, it may take up thirty (30) days from the date of receipt of the request to process any such requests or demands.

    Effective Date: October 22 2015