Privacy Policy
Published February 5, 2020 DianaKrall.com respects your privacy and is committed to protecting your personal data. This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Alternatively, you
can download a PDF version of the policy. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.
Contents
- Important information and who we are
- The data we collect about you
- How is your personal data collected?
- How we use your personal data
- Disclosures of your personal data
- Data security
- Data retention
- Your Legal Rights
- Glossary
1. Important information and who we are
Purpose of this privacy notice
This privacy notice informs you as to how we collect, process and look after your personal data in the course of interacting with us, whether by visiting this website, buying a product from us, signing up to our newsletter or otherwise and tells you about
your privacy rights and how the law protects you. This website is not intended for children and we do not knowingly collect data relating to children.
Data Controller
We are officialCOMMUNITY of 2238 Dundas Street West, Toronto, Ontario M6R 3B5 Canada (referred to as "we", "us" or "our" in this privacy notice). In respect of your personal data, we are the data controller. Before you create an account on this site,
you will need to sign up to our terms and conditions. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact 1-888-307-5909 or privacy@DianaKrall.com . This is your email contact in
respect of all queries relating to your data protection rights and we aim to respond promptly to all such emails.
Changes to the privacy policy and your duty to inform us of changes
This version was last updated on June 30, 2022 and historic versions can be obtained by contacting us. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship
with us which you can do through your account.
Third-party links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not
responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
2. The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may collect, use, store and transfer different
kinds of personal data about you which we have grouped together as : Contact Data: includes first name, last name, email address, telephone number, billing address, and delivery address Order Recipient Data: includes first name, last name
and email address, telephone number, delivery address for any person for whom you wish to buy one of our products (which we have only if you choose to provide to us) Profile Data: includes your username and password, purchases or orders
made by you, your interests, preferences, feedback and survey responses Financial Data: includes payment card details, and billing address Transaction Data: includes details about payments to and from you and other details of products
you have purchased from us Technical Data: includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other
technology on the devices you use to access this website Usage Data: includes information about your use of our website, products including the full Uniform Resource Locators (URL) clickstream to, through and from our website (including
date and time); elements you viewed or words you searched for; page response times; download errors; length of visits; interaction information (such as scrolling, clicks, and mouse-overs) Marketing Data: includes your preferences in receiving
marketing material from us Communications Data: includes emails and notes of conversations We also collect, use and share
Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal
your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or
indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to deliver the product you have ordered but we will notify you if this is the case.
3. How is your personal data collected?
We use different methods to collect data from and about you including through: Direct interactions. You may give us your Contact, Profile, Order Recipient, Marketing and Communications Data by submitting information through the website or by corresponding
with us by post, phone, email or otherwise. This includes personal data you provide when you:
- create an account on our website;
- choose to buy our digital or physical products;
- Request marketing material to be sent to you;
- enter a competition, promotion or survey; or
- give us feedback.
- As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, and other similar technologies. We may also receive
Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.
- We may receive personal data about you from various third parties as set out below: Technical Data from the following parties: (a) analytics providers such as Google; and (b) advertising networks such as Google AdSense and the Facebook
pixel.
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Chase Paymentech, Visa, Mastercard, AMEX, or Stripe.
4. How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation. Click here to find out more about the types of lawful basis that we will rely on to process your personal data.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may
process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal
data where more than one ground has been set out in the table below.
Purpose / Activity
|
Type of data
|
Lawful basis for processing including basis of legitimate interest
|
To register you as a new customer |
Contact |
Performance of a contract with you |
|
Profile |
Necessary for our legitimate interests (to record your personalised account) |
To send you our newsletter or other marketing materials. To make suggestions and recommendations to you about goods or services that may be of interest to you |
Contact |
Consent where you have specifically opted in |
|
Marketing |
Necessary for our legitimate interests (to grow our business and send you offers about our latest products where you have chosen not to opt out of receiving these) |
|
Technical |
|
|
Usage |
|
|
Profile |
|
To process and arrange for delivery of your order including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us (c) provide you with customer support services |
Contact |
Performance of a contract with you |
|
Order Recipient |
Necessary for our legitimate interests (to receive payment) |
|
Financial |
Necessary for our legitimate interests (to deliver orders to recipients at your request) |
|
Transaction |
|
|
Communications |
|
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey |
Contact |
Performance of a contract with you |
|
Profile |
Necessary to comply with a legal obligation |
|
Usage |
Necessary for our legitimate interests (to keep our records updated and to study how customers use our products) |
|
Marketing |
|
|
Communications |
|
To enable you to partake in a prize draw, competition or complete a survey |
Contact |
Performance of a contract with you |
|
Profile |
Necessary for our legitimate interests (to study how customers use our products, to develop them and grow our business)
|
|
Usage |
|
|
Marketing |
|
|
Communications |
|
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) |
Contact |
Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
|
|
Technical |
Necessary to comply with a legal obligation |
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you |
Contact |
Necessary for our legitimate interests (to study how customers use our products, to develop them, to grow our business and to inform our marketing strategy) |
|
Profile |
|
|
Usage |
|
|
Marketing |
|
|
Communications |
|
|
Technical |
|
To use data analytics to improve our website, products, marketing, customer relationships and experiences |
Technical |
Necessary for our legitimate interests (to define types of customers for our products, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) |
|
Usage |
|
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this
marketing). You will receive marketing communications from us if you have requested information from us or purchased products from us and, in each case, you have not opted out of receiving that marketing.
Opting out
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising and our newsletters. You can ask us to stop sending you marketing messages or our newsletter at any time by using the unsubscribe
link at the bottom of every mailing or by contacting us at any time. Where you opt out of receiving these marketing messages or newsletters, this will not apply to personal data provided to us as a result of a product purchase, product
experience or other transactions.
Third-party marketing
We will get your express opt-in consent before we share your personal data with any third party company for marketing purposes.
Cookies
You can set your browser to refuse all or some of the browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.
For more information about the cookies we use, please see our cookies policy
5. Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
- Order fulfilment service providers (acting as data processors on our behalf) as follows:
- Warehouse service providers such as MusicToday based in the US, and Isotope Music based in Canada and the UK
- Shipping service provider such as DHL, USPS, Canada Post, Royal Mail
- Payment processing service providers such as Chase Paymentech, Cybersource, Paypal
- Customer service providers such as Freshdesk which may have servers based in the USA
- Hosting service providers such Microsoft Azure with website privacy policy [here](https://azure.microsoft.com/en-us/support/legal/) and WP Engine with website privacy policy here (https://wpengine.com/legal/privacy/)
- Email management service providers such as MailUp based in Italy
- Third party social media plugins such as Facebook and Twitter to connect you with your social network and which can be disabled by adjusting your privacy settings on the relevant social media site.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners
may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your
personal data for specified purposes and in accordance with our instructions.
6. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents,
contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected
personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
7. Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal
data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve
those purposes through other means, and the applicable legal requirements. By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being
customers for tax purposes. In some circumstances you can ask us to delete your data: see Request erasure below for further information. In some circumstances we may anonymise your personal data (so that it can no longer be associated
with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
8. Your Legal Rights
You have the right to make a complaint at any time to the Canadian Privacy Commissioner, the Canadian supervisory authority for data protection issues (https://www.priv.gc.ca/en/). We would, however, appreciate the chance to deal with your concerns about
data protection before you approach the Privacy Commissioner so please contact us in the first instance. You also have the right in certain circumstances to:
Request access to your personal data (commonly known as a "data subject access request").
This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold
about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data.
This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object
to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request
of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as
you feel it impacts on your fundamental rights and freedoms.
You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data.
This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need
us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use
it.
Request the transfer of your personal data to you or to a third party.
We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where
we used the information to perform a contract with you.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights).
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed
to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
9. Glossary
Lawful Basis
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best product and the best and most secure experience. We make sure we consider and balance any
potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on
you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by
contacting us
Performance of Contract means processing your data where it is necessary where you buy or seek to buy something from us.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to, for example to send you an updated version
of this privacy policy.