PRIVACY POLICY

 

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INTRODUCTION

 

With the advent of new communication tools, it is necessary to pay particular attention to the protection of privacy. That is why 5sim Concept inc., operating under the name “5Sim” (hereinafter “5Sim“), is seriously concerned about the privacy of your personal information and is committed to respecting the information it collects.

 

5Sim undertakes to respect, in accordance with applicable laws, the obligations regarding the collection and processing of personal and confidential information obtained in the context of the operation of a company so that everyone can benefit from the respect of their private life.

 

The present privacy policy (hereinafter the “Policy”) describes the information that 5Sim may collect from the user, that is to say the end user or the organisation you represent or you work for (hereinafter the “User” or “Users”), in connection with its activities, the purposes for which 5Sim collects it, the use it makes of it, and the circumstances under which it can pass them on to third parties. In addition, this Policy indicates the User’s rights regarding the collection, use and communication of its personal information. 5Sim agrees not to collect, use or disclose the User’s personal information otherwise than in accordance with this Policy and applicable laws in Canada and Quebec.

 

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SCOPE OF THIS POLICY

 

When the User browses 5Sim’s website (hereinafter the “Platform”) he agrees to the terms and conditions of this Policy. If the User continues to use the Platform after a new version of this Policy has been posted there, he consents to and will be bound by the changes.

 

The information 5Sim collects is necessary when 5Sim provides the User with a service that he has requested. By providing 5Sim with this information, the User consents to its collection and use as defined in this Policy.

 

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INTERPRETATION

 

This Policy is governed by applicable Quebec and Canadian laws, including the Privacy Act of Canada. These laws apply without giving effect to any conflict of law principles.

 

Whenever the context so requires, any word written in the singular also includes the plural and vice versa; any word written in the masculine gender also includes the feminine gender and vice versa.

 

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DIVISIBILITY

 

Each provision of this Policy is a separate and distinct whole so that a court decision that any provision of this Policy is invalid or unenforceable will not affect the validity or enforceability of the remaining provisions of this Policy. 

 

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COLLECTION OF PERSONAL INFORMATION

 

5Sim may obtain personal information from the User when he saves this personal information on the Platform, or where appropriate, when he discloses this personal information otherwise, such as creating a User account and choosing a password, by logging in as a registered User to the Platform, by launching a product search, by requesting a service, by providing information on his account, by contacting us by phone, email or otherwise, or by completing a form to enter a contest, inventory request, promotion or survey.

 

 

We collect the following User information, upon registration:

 

• Surname and first name;

• Telephone number;

• E-mail address;

• Company address; and

• Social media.

 

The User’s personal information will not be retained beyond the purposes for which it was collected. The deletion of the data occurs once the User deletes his account. The User will then have thirty (30) days to recover his data, otherwise, 5Sim will delete them permanently.

 

The Platform is designed for use by adults only, as understood in the Province of Quebec. 5Sim does not knowingly collect any personal information from anyone under the age of eighteen (18).

 

For more information on the protection of the User’s personal information and his related rights, the User may contact the Office of the Privacy Commissioner of Canada or the Commission for the Protection of Privacy of Quebec.

 

• Office of the Privacy Commissioner of Canada www.privcom.gc.ca

• Commission for the Protection of Privacy of Quebec www.cai.gouv.qc.ca

 

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FORMS AND INTERACTIONS

 

The User’s personal information may be collected through forms, namely:

 

• Registration on the Platform Form;

• Order Form;

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• Update the User's profile Form;

• Resources download Form;

• Contact importation Form;

• Authorization of the User to access his information;

• Contact Form;

• Assistance Form;

• Ad submission Form; and

• Community discussion Form.

 

5Sim uses cookies, as indicated in the “Automatically Exchanged Data” section. 5Sim may also keep a record of the User’s product interests and obtain his information from divisions or current or future companies belonging to 5Sim.

 

5Sim may use the User’s personal information in order to:

 

1. Process User requests and orders and answer their questions;

2. Stay in contact with the User and provide him with a personalized service at all times;

3. Communicate with the User (by e-mail, traditional mail or otherwise) and send him advertising material or additional information about the products, services, surveys, contests, promotions and special offers;

4. Learn more about the User's purchasing preferences; and

5. Conduct market and performance research to assess the customer service, measure the performance, enhance the experience provided to the Users and improve the offered products.

 

If the User has not subscribed to 5Sim’s newsletter, he will not receive any e-mails from 5Sim, except in special cases (i.e. follow-up or expiry of its subscription, follow-up of its free trial, participation in a contest, etc.).

 

The User’s information is also collected through the interaction that may be established between it and the Platform and may be used for the following purposes:

 

• Providing services to the User;

• Managing customer accounts;

• Providing personal information to business partners;

• Managing customer relations and business relationships;

• Observing regulatory compliance laws and regulations;

• Sending information letters; and

• Sending of promotions.

 

 

ADVERTISING INFORMATION

 

5Sim will contact the User only if he wishes. If the User prefers not to receive any advertising information from 5Sim or if he does not want 5Sim to use his personal information to enhance his customer experience, please let 5Sim know by contacting us at the contact listed in the section “Right of opposition and withdrawal”.

 

Remember to include the User’s full name and the e-mail address he used when he registered or when he made a purchase from us. There may be a delay in processing time for a request sent by e-mail or traditional mail and the User may continue to receive communications from 5Sim in the meantime.

 

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THIRD-PARTY SERVICES

 

5Sim may use third-party services for the management of its business and its Platform. In no event shall 5Sim be held liable for any prejudice that may arise from such third-party services. 5Sim invites the User to consult these services’ respective websites, in order to learn about their conditions of use.

 

AUTOMATICALLY EXCHANGED DATA

 

5Sim collects certain information during exchanges between the User’s computer and 5Sim’s server. Cookies allow the User to connect to the Platform.

 

This information consists mainly of the following:

 

• Domain name;

• IP address;

• Navigation history; and

• User's language.

 

Most of the automatically exchanged data do not allow for the identification of the User. They are collected only because of the technological requirements inherent to browsing the Internet. Most browsers automatically collect cookies, although it is usually possible to modify this setting manually. However, if the User chooses to refuse cookies, he may not be able to identify himself or use certain features of our Platform.

 

The use of such information allows 5Sim to improve the service offered, to personalize the User’s experience and to better track his requests and orders.

 

This information is also used for:

 

1. Process User requests and orders and answer their questions;

2. Stay in contact with the User and provide him with a personalized service at all times;

3. Communicate with the User (by e-mail, traditional mail or otherwise) and send him advertising material or additional information about the products, services, surveys, contests, promotions and special offers;

4. Learn more about the User's purchasing preferences; and

5. Conduct market and performance research to assess the customer service, measure the performance, enhance the experience provided to the Users and improve the offered products.

 

These cookies are multiple. Some expire when the User closes his browser and have no prolonged effect while others can be maintained.

 

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INTERNATIONAL COMMUNICATIONS

 

It is possible that in certain situations, the User’s information is transferred to servers outside of Canada, namely in Romania and Brazil. The User acknowledges that 5Sim is not liable for the consequences of such transfer.

 

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SHARING PERSONAL INFORMATION 

 

5Sim undertakes not to sell the collected personal data without the User’s explicit consent. Personal data can exclusively be sold in the context of a partial or total disposal of 5Sim’s business to a third party. In such a situation, the disposed data is subject to the same warranties that those contained in this Confidentiality Policy.

 

Unless otherwise stated in this Policy, the personal information the User provides will not be transmitted to third parties without his permission. However, 5Sim sometimes shares this information with partners.

 

If the User does not wish to have his personal information communicated to third parties or partners, he may opt out at any time, as mentioned in the following section.

 

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WITHDRAWAL AND OPPOSITION RIGHTS          

 

5Sim is committed to offering the User the right to oppose and withdraw his personal information.

 

The right of opposition is understood as the possibility offered to the Users to refuse allowing their personal information to be used for certain purposes mentioned regarding data collection.

 

The right of withdrawal is also understood as the possibility offered to the Users to request that their personal information no longer appears, for example, in a mailing list.

 

The User also has the right to request access to the personal information 5Sim has collected about him and to correct any information as needed by contacting the contact person in charge of data management whose information is listed in the section “Contact person” below.

 

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ANTI-SPAM LEGISLATION

 

5Sim complies with the dispositions of the Canadian Anti-Spam Legislation (CASL). To withdraw your consent or to stop receiving electronic information or communication, please contact us at the following e-mail address: five@fivesim.com.

 

 

SECURITY

 

The personal information 5Sim collects is kept in a secure environment. 5Sim has taken appropriate measures to maintain the confidentiality of personal information and to protect it against loss or theft, as well as its unauthorized access, disclosure, copy, use or modification – taking into account, in particular, its sensitivity and the purposes it is used for. In addition, 5Sim requires that each employee, proxy or representative of 5Sim complies with this Policy.

 

In order to ensure the security of the User’s personal information, 5Sim uses the following measures:

 

• SSL (Secure Sockets Layers) protocol;

• Secured access to servers and computers;

• Secured access to its premises;

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• Confidentiality agreements with its employees;

• Privacy policies;

• Procedures for the protection of personal information;

• Use of password-protected data networks;

• Current update of security measures;

• Encrypted and secure electronic communications; and

• All of Wix’s online security measures put in place by Wix..

 

5Sim is committed to maintaining a high degree of confidentiality by incorporating the latest technological innovations and thus ensure the confidentiality of the User’s transactions, in order to protect the User’s personal information and prevent it from being viewed, used or disclosed without authorization.

 

However, since no mechanism provides absolute security, some degree of risk is always present when communicating personal information over the Internet. If a password is used to protect the User’s account and his personal information, it is his responsibility to keep it confidential.

 

 

FRENCH AND ENGLISH LANGUAGE

 

If a problem of definition or interpretation arises between the English and French versions of this Policy, the English version shall prevail.

 

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APPLICABLE LAWS AND JURISDICTION

 

The Platform and its content are managed by 5Sim from their offices located in the province of Québec in Canada. The Platform, its content, the Terms of Use and your use of the Platform are regulated by the applicable legislation of Quebec and Canada, without giving effect to any principle regarding conflicts of laws.

 

You accept that any question or litigation regarding the Platform and your use of it will first be brought before a mediator and, in the absence of a compromise, settled by the courts of the province of Quebec.

 

If the User is a consumer under the Quebec Consumer Protection Act, then any litigation will be ruled by the law of the Province of Quebec and the competent jurisdiction will be determined according to the rules of the Code of Civil Procedure.

 

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CONTACT PERSON

 

The User may exercise his rights provided in this Policy or he may address any other question or complaint regarding 5Sim’s privacy practices by contacting us:

 

Name: Luiz Roberto da Cruz

E-mail: five@fivesim.com

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AMENDMENT OF THIS POLICY

 

5Sim occasionally updates this Policy. Continued use of this Platform constitutes the User’s agreement to this Policy and to its updates.

 

5Sim reserves the right to modify or supplement this Policy at any time, at its sole discretion and without notice.

 

If the User objects to any changes to this Policy, he must cease all use of the Platform. 5Sim will attempt, as much as possible, to inform Users of any changes to this Policy, However, it is the User’s responsibility to review it regularly to be informed of any changes that may be made.

 

However, 5Sim will notify prior to the effective date of the amendment to the current Policy. 5Sim will notify the User by sending an e-mail informing the User that it has published the details of the changes on its website. If the User does not accept these changes and no longer wishes to use the Platform, the User must cease all use of the Platform.

 

Last update done the November 12th, 2020.