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Brighter Vision's Privacy Policy

Effective Date: April 17, 2004

Thank you for reading Brighter Vision’s Privacy Policy. As the direct mail company which offers the innovative and educational Brighter Vision Learning Adventures® program geared towards children aged 1 to 7, we are committed to protecting the privacy and confidentiality of personal information entrusted to us.
This Privacy Policy sets out our policies and procedures relating to our management of personal information collected from you when you contact us by mail, telephone and online at our web site, www.brightervision.com.

Personal Information Collected by Brighter Vision

Brighter Vision collects personal information that is voluntarily provided by you when you order a product, enter a contest or sweepstakes, answer our polls or surveys, or communicate with us by mail, telephone or electronically. The type of information we collect and maintain may include your name, mailing address, email address, telephone number, gender, purchase history, credit card number, comments or complaints about our products or services, and a record of promotions offered to you. We also ask you to provide your child’s name and birth date to help us select the program that is appropriate for your child and to personalize your child’s shipment. If you do not wish to provide us with this information, you may still order by leaving the child information blank and simply selecting the program you wish your child to receive. Personal information is collected so that we can serve you better through enhanced products, customer service and promotional efforts of interest to you. This type of information is collected, used and disclosed with your consent and its use is limited to the objectives for which it was collected.

A Note About Consent

The form of your consent can vary from implied consent to express consent, depending upon the circumstances and the sensitivity of the type of information collected. Implied consent occurs when we can reasonably conclude that you have given your consent by some action (e.g. by giving us your name, contact information and child’s age so that we may send the Brighter Vision Learning Adventures kit you have ordered) or inaction (e.g. by not exercising your opt-out privilege). In general, Brighter Vision will rely on your implied consent to collect, use and disclose identifying information about you, except if such information can be considered sensitive, in which case we will obtain your express opt-in consent to collect, use and disclose this information.

We reserve the right to collect, use and disclose your personal information without consent where required or permitted by law.

Why Does Brighter Vision Collect Personal Information?

Brighter Vision collects personal information for the following reasons:

To ensure that we have your correct contact information in order to provide you with the product you have requested, send correspondence, solicit your opinion on our products and services, process payments and make promotional offers for products similar to the ones you have already ordered and that we believe will be of interest to you;

To gain an understanding of your interests so that we can develop better products and services for you;

To properly investigate and respond to any comments or complaints about our products or services;

To determine customer eligibility for our products and services;

To maintain a list of individuals who have indicated to us that they do not want to be contacted by Brighter Vision or any other companies, so that such requests can be honored;

To transfer information (name and mailing address and/or email address) to other reputable companies who may have a product or service of interest to you, except the information of those customers who indicate to us that they do not wish to be contacted by such companies. We also never transfer children’s personal information to third parties for their marketing purposes.

What Kind of Personal Information Does Brighter Vision Disclose, to Whom and Why?

Upon Consent, to Third Parties for Their Marketing Purposes

With your prior consent, Brighter Vision does on occasion make your name and mailing address and/or email address available to reputable third parties who may have a product or service of interest to you. Brighter Vision does not disclose this personal information unless you first consent. Consent is obtained by providing you with an opportunity to opt-out from having this information disclosed to third parties for those purposes. At times, third party marketers may ask us to provide certain information about our customers relating to purchase history, geography, age range, income range and dwelling type. This type of information is disclosed on an aggregate basis.

Information is shared only with third parties who provide assurances that the information will be used for legitimate business purposes and in a manner that complies with applicable industry guidelines and privacy legislation.

To Third Parties To Perform Processing and Other Specialized Services

At times, Brighter Vision may use outside organizations to perform specialized services such as prize fulfillment of our sweepstakes and skill contests, collection of overdue accounts and the provision of various marketing services, including, but not limited to, telemarketing, research and list processing. These service providers are only given the information needed to perform those services and they are bound contractually to protect the privacy and security of your information and to limit the use of your information to the service being provided.

To Third Parties in the Event of Legal Reasons

We advise you that we may have to disclose personal information to the government or other legal or regulatory authorities if so ordered by a court of law or for other legal reasons.

To a Third Party in the Event Brighter Vision Is for Sale or Is Sold

If Brighter Vision was ever for sale, prospective buyers would need to have access to its customer lists and various databases as part of the due diligence process. In this event, Brighter Vision would only provide such access under terms of a strict confidentiality agreement.

As well, in the event Brighter Vision was ever sold, your personal information and that of your child would be transferred to the purchasing company so that you could continue to receive the products you had requested and so that the purposes behind collecting this personal information outlined above could continue to be maintained.

How Long Does Brighter Vision Retain Personal Information?

We keep your information only for a period reasonably necessary to meet the purposes for which it was collected or to comply with any legal requirements, including statutory retention periods. Then we will erase or make anonymous any personal information that is no longer required for a specific purpose or legal requirement.

What Security Measures Does Brighter Vision Have in Place To Safeguard Personal Information?

Brighter Vision has implemented physical, electronic and administrative measures to protect your information from error, loss or unauthorized access. For example, we use industry-standard efforts, such as passwords, firewalls and Secure Socket Layers, to safeguard the confidentiality of your personal information contained on our computer systems. In addition, our employees and any third parties are contractually bound to protect the confidentiality of your information and access is restricted to those with a need to know the information to carry out the identified purpose. In the unlikely event unauthorized access and use of your credit card occurs, Brighter Vision has a credit card guarantee. If you are using a credit card, your liability for any unauthorized use will usually be limited to $50.00 by your financial institution or credit card provider. We will reimburse you up to a maximum of $50.00, provided the fraudulent use of your card was not through your own fault but was a result of purchases made from Brighter Vision. In this event, you must notify your credit card provider in accordance with their notification requirements and ask them to notify us that you are being held liable.

Cookies and Other Tracking Methods

We do not set any cookies and we do not use other tracking methods.

Non-Personal Information

Non-personal or aggregated information is information that cannot be associated with or traced back to a specific person. To help us better understand our markets, we may gather demographic information for analytical purposes on an aggregate basis. This information is not kept, used or disclosed at the individual level, but may be disclosed to third parties on an aggregate basis.

Online Policy Regarding Privacy of Children

We believe that our web site does not appeal directly to children under the age of 13 and we do not knowingly collect information from children under this age. We require that anyone purchasing a product from our site be at least 18 years old. Brighter Vision reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion. In concert with our efforts, Brighter Vision urges all parents to supervise their children’s exploration of the Internet and any online services, and to teach their children about protecting their personal information while online.

How To Contact Brighter Vision Regarding Your Personal Information

You have control over how we collect, use and disclose your information and we provide you with many opportunities to exercise this control even after you have provided your consent to these uses. When we send you your monthly Brighter Vision Learning Adventures kit, our communications provide you with the opportunity to opt-out from having your information used for various disclosed purposes. In addition, you can always contact our Customer Service Department to tell us how you would not like your personal information to be used. Upon request, Brighter Vision will provide you with access to your personal information. If you need assistance in preparing this request, please contact our Customer Service Representatives as indicated below. We will correct any errors you identify in your personal information.

Customer Service Department and Chief Privacy Officer Contact Information:

If you have any questions or comments about Brighter Vision’s Privacy Policy or would like to advise us how you would like your personal information not to be used, please contact the Customer Service Department at the address or phone number listed below:

Customer Service Information

Telephone: toll free: 1-800-370-5838

Fax: 1-716-684-5066

Mail:P.O. Box 9062, Buffalo, NY 14269

Attention: Privacy Customer Service Representative

Email:kidslearn@brightervision.com

If, after contacting our Customer Service Representatives, your concerns or questions have not been resolved to your satisfaction, you can contact Brighter Vision’s Chief Privacy Officer in writing via mail or fax:

    Brighter Vision Inc.
    225 Duncan Mill Road
    Don Mills, Ontario
    M3B 3K9

Attention: Chief Privacy Officer

Fax Number: (416) 391-7055

If the issue is still not resolved to your satisfaction, you may file a complaint with the Privacy Commissioner of Canada.

Acceptance of Privacy Policy

This Privacy Policy outlines the information usage practices of Brighter Vision. By submitting your personal information (and that of your child) to Brighter Vision, you signify your agreement to the terms and conditions of this policy. If you do not agree to this policy, please do not submit personal information to us. We reserve the right, at our discretion, to change, modify, add or remove portions of this policy at any time. If at some point in the future, there is a change to our information usage practices that affects your personal information, you will be able to opt-out of this information usage by contacting Customer Service. We will also post the changes in our Privacy Policy at least 30 days prior to a change. You should also check this Privacy Policy for changes. Your continued use of our web site or ordering of our products following the effective date of any changes to these terms shall mean that you have accepted those changes, subject to your continuing right to notify us at any time as to how you would like us to treat your personal information.