Welcome to Bro Breakup and our website at www.brobreakup.com (our “website”)! This privacy policy sets out the basis on which we will process any Personal Data that we may collect about you as a visitor to our website. This policy further sets out how we protect your privacy and your rights in respect of our use of your Personal Data.
WHO IS THE DATA CONTROLLER?
A “data controller” is a person or organization who alone or jointly determines the purposes for which and the manner in which any personal data is, or is likely to be, processed. In this sense, Bro Breakup, Robert Kenigsberg, Toronto, ON, Canada (“Bro Breakup”, “we”, “us”, or “our”) is the data controller. If you have any questions about this policy or about data protection at Bro Breakup in general, please contact us via email using rob@brobreakup.com.
WHAT IS PERSONAL DATA?
Personal Data is information that makes it possible to identify a natural person. This includes, in particular, your name, date of birth, address, telephone number, e-mail address, but also your IP address. Anonymous data exists if no personal reference to the user can be made.
WHAT IS SPECIAL CATEGORY DATA?
Special category data is Personal Data that needs more protection because it is sensitive. This includes Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, and biometric data. As well as data concerning health, a person’s sex life; and a person’s sexual orientation. In order to lawfully process Special Category Data, it is necessary to consent to the processing.
WHAT IS PROCESSING?
"Processing" means and covers virtually any handling of data.
WHAT LAW APPLIES?
We will only use your Personal Data in accordance with Canada`s Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the EU's General Data Protection Regulation (“GDPR”), and of course only as described in this Privacy Policy.
WHAT ARE THE LEGAL BASES FOR PROCESSING PERSONAL DATA
We have to have at least one of the following legal bases to process your Personal Data: a) you have given your consent; b) the data is necessary for the fulfillment of a contract/pre-contractual measures; c) the data is necessary for the fulfillment of a legal obligation; or d) the data is necessary to protect our legitimate interests, provided that your interests are not overridden.
WHAT PERSONAL DATA DO WE COLLECT FROM YOU?
We may collect and process the following Personal Data about you:
a) Personal Data that you give us:
This is information about you that you give to us by filling in forms on our website, scheduling an appointment, requesting a quotation or services, or corresponding with us by telephone, post, email, or otherwise. It may include, for example, your name, address, email address, and telephone number; information about your business relationship with us; and information about your requirements and interests.
Please note: As a rule, we do not require any Special Category Data, in order to contact you. We would like to ask you not to provide us with such information from the outset. If such information is relevant for making contact, we will process it together with your other data.
The protection of your Personal Data is particularly important to us in the performance of our services. We therefore only want to process as much Personal Data (for example, your name, address, e-mail address, or telephone number) as is absolutely necessary. Nevertheless, we rely on the processing of certain Personal Data, to fulfill our contractual obligations to you or to carry out pre-contractual measures and in the context of administrative tasks as well as the organization of our business and compliance with legal obligations, such as archiving.
Please note: Some of the Personal Data you provide when using our services may be considered “special” or “sensitive”, for example, data related to your relationship, sexual orientation or preferences, aims and ambitions, etc. By choosing to provide this data, you expressly consent to our processing of that special or sensitive data.
Please also note: If you are providing us with Personal Data relating to a third party, you agree a) that you have in place all necessary appropriate consents and b) that such third party has read this Privacy Policy. You agree to indemnify us in relation to all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.
For booking a meeting in an easy and convenient way, we use Wix Bookings. Your data from the form will be transferred to our appointment account at Wix after you press the "Book appointment" button. You will then receive a confirmation email with a link to the event. Your data will be kept at Wix until the purpose for storing the data no longer applies (appointment made) or you request us to delete it. Wix undertakes not to pass on your data to third parties. The legal basis is your consent as well as our legitimate interest.
We also use online meeting tools such as Zoom or WhatsApp to conduct online meetings and provide support. When using online meeting tools, different types of data are processed. The scope of the data depends on the information you provide before or during the online meeting. The processing bases are your consent and our legitimate interest.
If you make a purchase, your payment data will be processed via our payment service provider, Stripe, PayPal. Payment data will solely be processed through PayPal and we have no access to any payment data you may submit. The legal basis for the provision of a payment system is the establishment and implementation of the contract.
We also process data in the context of administrative tasks as well as the organization of our business and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The processing bases are our legal obligations and our legitimate interest.
For optimal customer support and data management, we use first name, last name, e-mail address, and the data related to your contact or contract with us in our proprietary customer management system operated through Google’s Workplace. This data processing is based on our legitimate interest in providing our service.
Within our website, we may also display certain Personal Data, share certain details, knowledge, and insights in the form of testimonials. When you approve and submit your testimonial to us your consent is obtained, and you have choices about the information in your testimonial. The storage of testimonials is based on your consent.
b) Personal Data that our website and other systems collect about you:
If you visit our website, it will automatically collect some information about you and your visit, including the Internet protocol (IP) address used to connect your device to the Internet and some other information, such as the pages on our site that you visit. This is used to monitor the performance of the website and improve the experience of visitors to the website.
We host our website using the services of Wix.com Ltd. In this sense, Wix processes all data and communication data, including IP addresses, that are provided to us through our website. This means that all data submitted to our website is transferred to Wix. The legal basis for processing is our legitimate interest.
We also use the Content Management System (CMS) of Wix to publish and maintain the created and edited content and texts on my website. This means that all content and texts submitted to us are transferred to our Wix server. In addition to texts, this also includes, for example, your data in our forms. The legal basis for this processing is our legitimate interest.
We use so-called cookies on our website. Cookies are pieces of information that are transmitted from our web server or third-party web servers to your web browser and stored there for later retrieval. Cookies may be small files or other types of information storage. As set out in the PIPEDA, Canada’s Anti-Spam Law (“CASL”), and the EU's Privacy and Electronic Communications Directive (“PECD”), we need to obtain consent for the use of non-essential cookies. For further information on the cookies we use, please refer to our Cookie Policy.
OTHER USES OF YOUR PERSONAL DATA?
We may also collect, store, and use your Personal Data for the following purposes:
● to operate, manage, develop, and promote our business and, in particular, our relationship with you and related transactions, including, for example:
○ marketing purposes (when we have either gathered prior opt-in consent and/or have a legitimate interest to send you communications which we believe to be relevant and of use to you);
○ accounting and billing/payment purposes;
○ to operate, administer, and improve our website and other aspects of the way in which we conduct our business;
○ to offer you ourservices;
○ to provide you with services or information that you may have requested; and
○ to keep you informed and updated on relevant topics or services you may be interested in.
● to protect our business from fraud, money laundering, breach of confidence, theft of proprietary materials, and other financial or business crimes;
● to comply with our legal and regulatory obligations, bring and defend legal claims and assert legal rights; and
● if the purpose is directly connected with an assigned purpose previously made known to you.
We will only process your Personal Data as necessary so that we can pursue the purposes described above and where we have a legal basis for such processing. Where our lawful basis for processing is that such processing is necessary to pursue our legitimate interests, we will only process your Personal Data where we have concluded that our processing does not prejudice you or your privacy in a way that would override our legitimate interest. In exceptional circumstances, we may also be required by law to disclose or otherwise process your Personal Data.
CHANGE OF PURPOSE
We will only use your Personal Data for the purposes for which we collected it as detailed above, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your Personal Data for an unrelated purpose, we will notify you, and we will explain the legal basis which allows us to do so.
DATA SHARING
In certain cases, it is necessary to transmit the processed Personal Data in the course of data processing. In this respect, there are different recipient bodies and categories of recipients.
Internal
If necessary, we transfer your Personal Data within Bro Breakup. Access to your Personal Data is only granted to authorized employees who need access to the data due to their job, e.g., to provide our products or services or to contact you in case of queries.
External bodies
Personal Data is transferred to our service providers in the following instances:
● in the context of fulfilling our contract with you,
● to use marketing services and to advertise our products and services online,
● to communicate with you,
● to provide our website, and
● to state authorities and institutions as far as this is required or necessary.
International transfers
We may transfer your Personal Data to other companies as necessary for the purposes described in this Privacy Policy. In order to provide adequate protection for your Personal Data when it is transferred, we have contractual arrangements including non-disclosure agreements, data processing agreements, and standard contractual clauses regarding such transfers. We take all reasonable technical and organizational measures to protect the Personal Data we transfer.
HOW LONG DO WE KEEP YOUR PERSONAL DATA?
We will delete your Personal Data when we no longer need such Personal Data, for instance, where:
● it is no longer necessary for us to retain your Personal Data to fulfill the purposes for which we had collected it;
● we believe that your Personal Data that we hold is inaccurate; or
● in certain cases where you have informed us that you no longer consent to our processing of your Personal Data.
Sometimes, however, there are legal or regulatory requirements which may require us to retain your Personal Data for a specified period, and in such cases we will retain your Personal Data for such specified period; and we may need to retain your Personal Data for certain longer periods in relation to legal disputes, and in such cases we will retain it for such longer periods to the extent required.
DATA SECURITY
Our website uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as contact requests that you send to us. We have also implemented numerous security measures (“technical and organizational measures"), for example, encryption or need-to-know access, to ensure the most complete protection of Personal Data processed through our website.
SOCIAL MEDIA
We are present on social media based on our legitimate interest. If you contact or connect with us via social media, we and the relevant social media platform are jointly responsible for the processing of your data and enter into a so-called joint responsibility agreement. The Personal Data collected when you contact us is used to process your request, and the basis for this is both your consent and our legitimate interest.
MARKETING
Insofar as you have given us your consent to process your Personal Data for marketing and advertising purposes, we are entitled to contact you for these purposes via the communication channels you have given your consent to. Our marketing generally takes the form of email but may also include other less traditional or emerging channels. These forms of contact will be managed by us or by our contracted service providers. Every directly addressed marketing message sent by us or on our behalf will include a means by which you may unsubscribe or opt out.
YOUR RIGHTS AND PRIVILEGES
Privacy rights
Under the PIPEDA, you have the following rights:
● Right to be informed
● Right to access
● Right to rectification
● Right to erasure
● Right to object/opt-out
● Right to Consent
● Right to Redressal
Under the GDPR, you can exercise the following rights:
● Right to information
● Right to rectification
● Right to object to processing
● Right to deletion
● Right to data portability
● Right to withdraw consent
● Right to complain to a supervisory authority
● Right not to be subject to a decision based solely on automated processing.
Update your information and withdraw your consent
If you believe that the information we hold about you is inaccurate or request its rectification, deletion, or object to legitimate interest processing, please do so by contacting us.
Access Request
In the event you want to make a Data Subject Access Request, please contact us. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.
What we do not do
● We do not request Personal Data from minors and children;
● We do not process special category data without obtaining prior specific consent;
● We do not use automated decision-making, including profiling; and
● We do not sell your Personal Data.
Complaint to a supervisory authority
You have the right to complain about our processing of Personal Data to a supervisory authority responsible for data protection. However, we would appreciate the opportunity to address your concerns before you contact any supervisory authority. The supervisory authority in Canada is the Office of the Privacy Commissioner (www.priv.gc.ca) and
USA SPECIFIC PROVISIONS
The following applies to users located in the United States. While we understand and appreciate that privacy and consumer data protection laws differ as they are subject to each state's legislature and that no data protection framework similar to the EU’s GDPR exists on a federal level, we are committed to following and applying the relevant privacy rules and regulations for your state.
As of the day of drafting, the following states had enacted privacy and consumer data protection laws: California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia. Under consideration of the similarities of the above provisions, no conflict should arise pursuing a uniform approach in granting all users in the USA the same rights and privileges as set out above. However, should ambiguity occur, the most stringent provision is chosen to ensure the most comprehensive approach when it comes to protecting your Personal Data.
Further, the following also apply
i) Shine the Light”
“Shine the Light” law (Civil Code Section 1798.83) requires us to respond to requests from California asking about the business’s practices related to disclosing Personal Data to third parties for the third parties’ direct marketing purposes. You may make a request about our collection and disclosure of your Personal Data using the contact details provided.
i) COPPA (Children Online Privacy Protection Act)
When it comes to the collection of Personal Data from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under the age of 13 years old.
ii) CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. To be in accordance with CAN SPAM, we agree to the following: If at any time you would like to unsubscribe from receiving future emails, you can email us, and we will promptly remove you from ALL correspondence.
iii) Telephone Consumer Protection Act (TCPA)
If we process your Personal Data for the purpose of sending you SMS marketing communications, you may manage your receipt of marketing and non-transactional communications from us by replying or texting ‘STOP’ if you receive our SMS communications. In this respect, the data processing is carried out solely on the basis of our consent in personalized direct advertising per SMS.
iv) Controls For Do-Not-Track Features
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ('DNT') feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, our website does not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this policy.
i) Right to complain
Finally, and in regard to the right to complain to a supervisory authority. You have the right to lodge a complaint about our processing of Personal Data with a supervisory authority responsible for data protection. Users based in the above-mentioned states may lodge a complaint with the relevant district attorney or attorney general office. However, we would appreciate the opportunity to address your concerns before you contact any supervisory authority.
MEXICO SPECIFIC PROVISIONS
Mexico has introduced data protection laws that are similar to the GDPR, namely the Federal Law for the Protection of Personal Data in the Possession of Private Parties (“LFPDPPP”) supplemented by the Rules of the Federal Law for the Protection of Personal Data in the Possession of Private Parties in Mexico. Under consideration that the GDPR has played a pivotal role, no conflict should arise pursuing a uniform approach in granting all users in Mexico the same rights and privileges as set out above. However, should ambiguity occur, the most stringent provision is chosen to ensure the most comprehensive approach when it comes to protecting your personal data.
In terms of your right to complain, the National Institute of Transparency, Access to Information and Personal Data Protection (Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales) (“INAI”) is the national supervisory authority in Mexico (www.ifai.org.mx).
HELP AND COMPLAINTS
If you have any questions about this policy or about data protection at Bro Breakup in general, you can reach us using rob@brobreakup.com.
CHANGES
The first version of this policy was issued on Wednesday, January 29th, 2015, and is the current version.