Introduction, Definitions and Acceptance
“Device” refers to the handheld or tablet device onto which you downloaded the Application and are using the Services.
“inookta” refers to inookta studio inc., a duly incorporated company in the province of Quebec, Canada. Where the present TOU refers to “inookta”, it may refer to inookta or its employees, officers, directors, subcontractors, agents or representatives, depending on the context. Any reference to “we”, “our”, or “us” in this Policy shall also refer to inookta. inookta’s affiliates and subsidiaries, and all of our and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns may be collectively referred to as “Representatives”. In this Policy, a Website visitor or Services user may be referred to as “you”.
“Website” is the website located at http://inookta.com which is owned and operated by inookta, and includes all subdomains, present and future. Without limiting the generality of the use of the Website, certain aspects of the Services are available on the Website.
By visiting or using the Website, or downloading, using or accessing the Application on your Device, you agree to be bound by the terms of the Policy. If you do not agree to all the provisions contained in the Policy, you are not authorized to use the Website or Services. If you have downloaded the Application and do not agree to all the provisions of the Policy, you must delete the Application from your Device.
inookta reserves the right, at any time and without prior notice, to modify or replace any of the Policy. Any changes to the Policy can be found at this URL. It is your responsibility to check the Policy periodically for changes. Your use of the Website and / or the Services following the posting of any changes to the Policy constitutes acceptance of those changes. If there are any significant changes to the Policy that materially affect the way we treat your information, you will be notified upon opening the Application.
If you have any questions about the Policy or if you wish to inquire about and / or access any Personal Information inookta holds about you, please contact:
inookta Legal Services
inookta Legal Services
824 rue Gilford
General Statement of Privacy and Protection of Personal Information
inookta takes your privacy and security of Personal Information very seriously. We have provided a secure environment and this strict Policy that describes the limited ways the information is used and the limited access to such information.
This Policy covers the treatment of personally identifiable information (“Personal Information”) and other information gathered by inookta when you are using or accessing the Website or using the Services. This Policy also covers inookta’s treatment of any Personal Information that inookta may share with its business partners or other third parties under very limited circumstances.
This Policy does not apply to the general practices and treatment of information (whether personal or not) by third parties that inookta does not own or control, including but not limited to any third party websites or services (“Third Party Website” or “Third Party Service”) that you elect to access through the Website or Services or via a link from the Website or Services, or to individuals that inookta does not manage or employ. While we attempt to facilitate access or link only to those Third Party Websites or Services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Websites or Services. We encourage you to carefully review the privacy policies of any Third Party Website or Service you access. We have named and provided links to the most important of these Third Party Websites and Third Party Services further in this Policy.
Finally, this Policy does not cover any Personal Information you send to inookta via any non-secured mode of communications such as email, instant messenger or Twitter, as communications via these methods may be subject to interception, loss, or alteration. While we welcome your comments and suggestions sent to us in this manner, we encourage you to carefully examine what Personal Information you send to inookta via these methods.
No Collection of Personal Information as a Matter of Course
inookta does not, as a matter of course, gather any of your Personal Information while you are using the Website or Services, unless you are asked to provide such information. Personal Information is only gathered with your informed consent. Where you have provided Personal Information, it will only be used for the stated purpose, as detailed more specifically in the next section.
Personal Information Collected and Its Uses, and Exceptions
The following is an exhaustive list of Personal Information collected from you when you use the Website or Services and what we use it for. You acknowledge that you are submitting this Personal Information with your informed consent.
- Email address: When you use our contact form on the Website, or send us an email via your Device through a link in the Application, we collect your email address. We only use this address in order to respond to your inquiry.
- Personal information included in uploaded or created sounds. As you may import or create your own sounds for use in a Soundscape which may include voice recordings, such sounds may include Personal Information. inookta will not use this Personal Information in any way. However, we strongly recommend you carefully examine what Personal Information you reveal through your imported or created sounds, as this Personal Information will be revealed to the public if your Soundscape is shared via the sharing function.
When you choose to share your Soundscapes via social media or other method (email, text / iMessage) or invite Facebook friends to try the Application, Personal Information in the form of your name and / or social media username (depending on the method) will be displayed upon sharing or inviting. However, this Personal Information is not collected or used by inookta in any way.
Security and Encryption of Information
inookta uses only industry best practices (physical, electronic and procedural) in keeping any data collected (including Personal Information) secure. In addition, inookta uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website and the Services, and these third parties have been selected for their high standards of security, both electronic and physical. For example, inookta uses Amazon AWS, a recognized leader in secure data, for hosting of the Website and Services, and storage of information. You acknowledge that our third party vendors and hosting partners may be located in jurisdictions or countries where the privacy laws may not be as protective as those in your home province, state, country or other governmental jurisdiction.
Limited Gathering of Information for Statistical, Analytical and Security Purposes
inookta automatically collects certain information about the Website and its users using a third-party analytics programs Google Analytics, to help us understand how our users use the Website, but none of this information identifies you personally. Furthermore, we use Flurry by Yahoo and UXCam to collect information about usage of the Application from within the Application, but neither of these services will identify you personally. For example, each time you visit the Website, we automatically collect your IP address, browser and computer type, access times, the web page from which you came, and the web page(s) you access (as applicable). We use information collected in this manner only to better understand your needs and the needs of the Website or Services users in the aggregate. inookta also makes use of information gathered via these services for statistical purposes to keep track of the number of visits to the Website, the specific pages on the Website, and usage of the Services with a view to introducing improvements.
Non-disclosure of Personal Information to Third Parties
Except as provided in the next paragraphs, inookta does not divulge any Personal Information gathered via the Website or Services to third parties. Moreover, inookta does not sell, rent, trade or license any Personal Information regarding its users to third parties. Only the Representatives and subcontractors of inookta are responsible for the management and development of the Website and Services, and only these individuals have access to the information collected there. These Representatives and subcontractors all have been instructed to comply with the Policy.
Where you have chosen to share your Soundscape(s) via Facebook or Twitter, or to invite your Facebook friends to try the Application, Personal Information (your login credentials) may be transferred to those companies if you are not already logged-in to them on the Device being used. Your Personal Information is transferred securely and only used in order to log in.
General Information Transfer from the Services
Any information (personal or not) the Services collect while you use them may be stored locally on your Device and then transferred to servers controlled by inookta, and inookta may obtain this information as a result of the data being sent to our servers from the Services. The information, however, is only used (or not used) by inookta as described elsewhere in this Policy.
The following is a complete listing and description of what functions on your Device that were developed by third parties are accessed and / or modified by the Application.
- Microphone. Allows the Application to record sounds for use in your Soundscapes, but only with your express permission, given on the first use of the microphone.
- Notifications. Allows the Application to send you notifications, but only with your express permission. You can turn off notifications at any time through your Device Settings. We use the Third Party Service Batch to manage notifications within the Application.
- Miscellaneous functions for sharing of Soundscapes and inviting friends. You can share your Soundscapes via email, text / iMessage, Facebook and Twitter, and invite your Facebook friends to try the Application. The Application will use these functions on your Device to share a link on the Website to your Soundscape or invite your Facebook friends, but only with your express permission.
User Control and Uninstall for the Application
For the Application, you can access and change certain user settings from the settings menu on your Device. You may also uninstall; uninstall methods may vary depending on your Device or iOS version. inookta has no control over these functions and denies any responsibility of your use thereof, and any data or Personal Information sent to third parties as a result of said activities.
Access to and Deletion of Personal Information
If you wish to inquire about and access what Personal Information inookta holds about you, or if you wish to delete any Personal Information held about you from our databases, please contact us using the information further up in this Policy.
Tracking Technology ("Cookies") and Related Technologies
inookta uses tracking technology (“cookies”) on the Website and by using the Website or Services you agree to their use. Cookies are small text files placed on your hard drive or memory when you visit a website or use the Application, in order to track use and to improve the user experience by storing certain data on your computer or Device.
Specifically, we use the following cookies to perform the following functions:
- Google Analytics cookie on the Website to provide general internal and user analytics and to assist in identifying possible fraudulent activities.
The Application uses a Third Party Service, Amazon Cognito, that tracks the unique identifier of your Device. We use this information only for the purpose of tracking your In-App Purchases of Sound Packs so that they can be accessed on your Device. The Application also uses the Third Party Service Batch in order to track promotional campaigns within the Application. Neither of these Third Party Services collects any information that can identify you personally.
Risks Associated with the Internet and Wireless Data Transmission
Despite inookta' best efforts to ensure that third parties will not access or obtain your Personal Information through your use of the Website or Services, complete confidentiality and security cannot currently be guaranteed on the Internet and / or where data is transferred via wireless digital technology of any type. Communication via the Internet or wireless digital technology is subject to interception, loss, or alteration. You acknowledge and agree that inookta and its Representatives cannot be held responsible for damages resulting from the transmission of confidential information or Personal Information over the Internet or wireless digital technology and that such communications are at your own risk.
Limitation of Liability
inookta, and / or its Representatives, will not be held liable for any losses or damages (pecuniary or otherwise) resulting from the misuse of any information collected by any third party, or any misuse of any information collected through the Website or Services not in violation of the Policy.
Compliance with Privacy Laws
This Policy and inookta’s practices in general are designed to be in compliance with Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”, S.C. 2000, c. 5) and Quebec’s An Act Respecting the Protection Of Personal Information in the Private Sector (R.S.Q. c. P-39.1). If you have any questions regarding this compliance, please contact us using the contact information further up in this Policy.© inookta studio inc. 2016