Last revised: July 1, 2017

Confidentiality and Privacy Policy of the Application La Diperie

Lune Rouge 360 developed the application La Diperie (the “Application”) by using our data management system.

This text details the Confidentiality and Privacy Policy (the “Policy”) developed by Lune Rouge 360 for your use of the Application and related services offered by Lune Rouge 360 (the “Services”). In this Policy, the term “Lune Rouge 360”, “us”, “we” and “our” refer to Lune Rouge 360 Inc., its affiliates and subsidiaries.

When you download the Application and use our Services, Lune Rouge 360 may collect identifiable personal information as provided by you and as described below. The term “identifiable personal information” means any and all personal information, which refers to and serves to identify an individual. This Policy applies to all identifiable personal information, whether in oral, written, visual, electronic, digital or other forms.

By downloading this Application and by using our Services, you consent to the collection, use and disclosure of your identifiable personal information for the purposes set out in this Policy. If you do not consent to the collection, use and disclosure of your identifiable personal information as described in this Policy, your only remedy consists of discontinuing the use of the Application.

1.   Information collected about you

When you use our Services, Lune Rouge 360 may collect different types of identifiable personal information through the Application, namely:

·       Your first and last name when you login;

·       Any contact information you provide including, but not limited to, your phone number and address;

·       Information about the devices on which you install the Application or use our Services, including your unique device identifier, date and time of access to our Services, and error reports regarding Application activities;

·       Your email address as well as any contact or payment information provided at the time of registering for an account on the Application or making a purchase via the Application;

·       Accurate geolocation data collected through Web beacons, GPS, Bluetooth or Wi-Fi signals, should this data allow for your identification;

·       Any information you share, post or provide on the Application;

·       Information about your purchases or activities made or conducted via the Application, should such information allow for your identification; and

·       Any information you provide us with, for example, by completing a form or survey or by contacting our technical support team.

We may collect information when you use third party websites and applications that use our Services. This includes information about the websites and applications you visit, how you use our Services on those websites and applications and information that the developer or publisher of the application or website shares with you or with us.

We may receive information about you and your activities, on and off the application, from our third party partners, including without limitation, information from partners with whom we have collaborated to provide the Services.

We may ask you for certain permissions in respect of your social network accounts, such as Facebook or Instagram, to give us the right to perform certain transactions, to access a subset of items that are part of the public profile of a person, including without limitation, your first and last name, photo, sex, place of residence, date of birth and information regarding your contacts, if applicable, and give us access to your email address.

For more information, please refer to the privacy policy of each applicable social network.

2.   Use of personal information

The information collected by Lune Rouge 360 from the Application is stored in a database controlled by Lune Rouge 360. We may use such information as is reasonably necessary for the following purposes:

·       Managing your account on the Application and processing transactions and purchases;

·       Enhancing user experience on the Application;

·       Reducing technical problems and errors;

·       Anticipating data traffic during events or in respect of certain purchases;

·       Understanding user habits and interests in view of serving them better in the future;

·       Sharing, in certain cases, anonymized data and statistics with third party partners or service providers (including their affiliates acting in such capacity), who provide services on our behalf in connection with, inter alia, marketing, information technology, hosting or data processing services;

·       With your consent, marketing and advertising purposes; and

·       As otherwise permitted by law.

Indeed, your identifiable personal information and any other information obtained from you through your use of the Application may be used by us for analytics purposes and you understand that Lune Rouge 360 may, in turn, disclose fully anonymized data and statistics to third parties. Any use of such disclosed information by third parties shall be under the same terms and conditions as those of this Policy and the agreements we signed with third parties.

More specifically, we may use identifiable personal information to conduct research, analysis or studies for our own purposes. We may aggregate your identifiable personal information with that of others so that it can be used for further analysis.

LUNE ROUGE 360 MAY share your identifiable personal information with La Diperie for analytics PURPOSES AND, WITH YOU CONSENT, FOR marketing purposes AS WELL AS TO FACILITATE YOUR TRANSACTION.

It is also possible that Lune Rouge 360 may use your personal information to provide you with information about products or services that may be of interest to you. Except as specifically described in this Policy, we do not provide personally identifiable information, such as your name and contact information, unless you give us permission to do so.

For example, we might send you information about new products and special offers. We might also use your information to serve you ads about products and offers, which might be third party offers or products we think you might find interesting. We might tell you about new features or updates. If you register with us, we’ll enroll you in our email newsletter.

If you would like to obtain more detail about how Lune Rouge 360 may use your personal information to provide you with information about products or services, or if you would like to express your preference that Lune Rouge 360 does not use your personal information in this manner, please contact us at the email address described at the end of this Policy.

In addition to the foregoing, we may use your personal information for other purposes, with your consent, or in accordance with the law.

At any time, you have the right to withdraw your consent to the use of your personal information by contacting us at the email address described at the end of this Policy.

3.   Disclosure of personal information to protect lawful interests

Except as specifically described in this Policy, unless required by law or a court order issued by a competent tribunal, Lune Rouge 360 shall preserve the confidentiality of all identifiable personal information obtained from users of the Application. Please note that Lune Rouge 360 reserves the right to disclose your personal information, as is reasonably necessary, to a third party without your prior consent in any of the following circumstances:

·       In the event that your conduct on this Application breaches the Terms of Use or La Diperie Loyalty Program Terms and Conditions and the disclosure of such information would allow Lune Rouge 360 to protect our legal rights and/or avail ourselves of any remedies that may be available to us at law;

·       In the event that Lune Rouge 360 deems in good faith that such disclosure is necessary to identify or contact a person in anticipation of or to pursue legal actions against such person who could cause prejudice (intentionally or not) to the rights or assets of Lune Rouge 360 or those of other users;

·       In the event that Lune Rouge 360 is forced to comply with a warrant or order from a tribunal with respect to an offence already committed or is about to be committed; or

·       In the event that Lune Rouge 360 deems in good faith that the law requires such disclosure, including sharing of the identifiable personal information with other companies and organizations to prevent fraud, the whole in order to comply with any legal or regulatory requirements.

In addition, if Lune Rouge 360 is involved in a merger, acquisition or other form of sale of some or all of its shares, assets or business operations, your identifiable personal information may be transferred to certain entities and advisors to determine whether the transaction should continue and, if appropriate, be concluded. Your identifiable personal information may also be transferred to a successor (including in the event of bankruptcy, dissolution or liquidation) who may use or disclose personal information for purposes similar to those described in this Policy.

We share identifiable personal information with our parent company, subsidiaries or other companies under common control with Lune Rouge 360.

WHEN YOU PROVIDE THE IDENTIFIABLE PERSONAL INFORMATION WHILE USING THE SERVICES OFFERED VIA THE APPLICATION, YOU CONSENT TO (I) THE COLLECTION, USE AND DISCLOSURE OF THIS INFORMATION BY LUNE ROUGE 360 FOR THE PURPOSES IDENTIFIED IN THIS POLICY OR OTHERWISE BROUGHT TO YOUR ATTENTION AT THE TIME OF COLLECTION, AND (II) THE PRESERVATION OF THIS INFORMATION BY LUNE ROUGE 360 FOR FUTURE USE RELATED TO THIS APPLICATION AND THE DEVELOPMENT OF FUTURE VERSIONS OF THIS APPLICATION OR OTHER SIMILAR APPLICATIONS.

4.   Use by minors

Lune Rouge 360 does not knowingly solicit or collect the identifiable personal information online from the individuals who are under 13 years of age. If Lune Rouge 360 finds out that a person who is under 13 years of age has submitted identifiable personal information online without parental consent, we will take all reasonable measures to delete such information from our databases and to not use such information for any purpose (except where necessary to protect the safety of the minors or others as required or allowed by law). If you become aware of any identifiable personal information we have collected from individuals who are under 13 years of age, please contact us at the email address described at the end of this Policy.

5.   Security measures

Notwithstanding the security measures deployed by Lune Rouge 360 to ensure that third parties are unable to obtain your personal information via the Application, complete confidentiality and security on the Internet cannot be guaranteed by anyone. Communications via the Internet are subject to interception, loss or alteration. THEREFORE, YOU ACKNOWLEDGE THAT LUNE ROUGE 360 CANNOT BE HELD LIABLE FOR DAMAGES RESULTING FROM THE TRANSMISSION OF IDENTIFIABLE PERSONAL INFORMATION OVER THE INTERNET, AND THAT SUCH COMMUNICATIONS ARE AT YOUR OWN RISK.

The means used by Lune Rouge 360 to protect your personal information also apply to the internal use of your information. All of your personal information is stored on secure servers and are accessed exclusively by authorized Lune Rouge 360 personnel or Lune Rouge 360’s data center suppliers. In addition, the servers used to store your personal information are kept on a secure site.

6.   Technical data

You agree that Lune Rouge 360 may collect and use technical data and related information, including but not limited to, technical information about your device, system and application software, and peripheral devices, which information is gathered periodically to facilitate the delivery of software updates, product support and other services to you (if any) related to the Application. Except as otherwise expressly provided herein, Lune Rouge 360 may use and disclose this information to third parties, as long as it is in a form that does not personally identify you, to improve our products or to provide to you services or technologies.

7.   Links to other sites

There are several sections throughout the Application that may link you to other websites or applications that are not operated pursuant to this Policy. When you click on such links to access those sites or applications, this Policy no longer applies. We therefore recommend that you review the privacy statements and confidentiality practices of all other websites or applications to understand their practices in terms of collection, use and disclosure of your information. These links are provided for user convenience only. Lune Rouge 360 in no way controls, endorses or guarantees the sites or applications linked to this Application and cannot be held liable for their content or practices, particularly with respect to privacy and confidentiality.

8.   Cookies, web beacons and similar technologies

We and others may use a variety of technologies to collect information about your device and use of our Services. These technologies include cookies and web beacons:

·       Cookies – cookies are small data files that are sent from a website’s server and are stored on your device’s hard drive either for only the duration of your visit (“session cookies”) or for a fixed period of time (“persistent cookies”). Cookies contain information that can later be read by a web server; and

·       Web beacons – Web beacons are small, transparent images that are embedded in web pages, applications, and emails that are sometimes called “clear gifs,” “single pixel gifs”, ”page tags” or “web bugs.” We use web beacons to track the web pages you visit, to test the effectiveness of our marketing, and to find out if an email has been opened and acted on.

Some cookies help us learn which services you are using and how you are accessing information about us. We may use this information to personalize your visit to a website or to send you relevant promotions.

More specifically, we may ask our third party partners to serve advertisements or services on your device, which may use cookies or similar technologies placed by us or a third party.

Follow the instructions provided by your website or mobile browser to change your cookie settings. Please note that if you configure your web browser to disable cookies or other similar technologies, you may not be able to access parts of our Services and other parts of our Services may not work properly.

9.   Changes to this Policy

This Policy was drafted by Lune Rouge 360 and published on the Application on July 1, 2017. Lune Rouge 360 reserves the right to make any modifications to this Policy as a result of changes in the technological or legal landscape, or simply as a result of any modification to this Application, at any time, at its sole discretion and without prior notice or notification. If material changes are made to this Policy or to the manner in which Lune Rouge 360 will use your identifiable personal information, Lune Rouge 360 will use all commercially reasonable efforts to bring such changes to your attention, including the use of alerts/notifications provided through the Application.

YOUR CONTINUED USE OF THIS APPLICATION FOLLOWING ANY UPDATE OF THIS POLICY WILL CONSTITUTE YOUR ACKNOWLEDGMENT OF THE MODIFICATIONS AND YOUR CONSENT TO ABIDE AND BE BOUND BY THE MODIFIED POLICY.

10.   Changing your personal information or deleting your account

To change your identifiable personal information, delete your account or ask us to stop using your personal information, please contact us at the email address described at the end of this Policy. We will make every effort to promptly respond to your request. We will retain your information for as long as your account is active or as needed to provide you the Services. If you ask us to delete your account, we generally retain and use your personal information only as long as necessary to fulfill a business or legal need.

11.   Laws governing the protection of personal information

The Application is published in Montreal, Québec, Canada. This Policy was therefore drafted in accordance with applicable Canadian laws including, among others, the Personal Information Protection and Electronic Documents Act.

Some of our partners and service providers may from time to time be based outside your country, including in the United States of America. When they are outside of your country, your personal information will be subject to applicable foreign legal requirements.

12.   Contact us

Questions, comments or requests concerning this Policy can be directed to: privacy@lunerouge360.com.

© Lune Rouge 360 Inc. 2017