Website privacy notice

1. Purpose

This is the Website Privacy Notice (“Notice”) of Foundever® or any of its parent, sibling, subsidiaries or affiliate companies, (“Foundever”, “We”, “Company”). This Notice applies to all Personal Data received by us in any format, including electronic, paper, or verbal. It also covers use of websites operated by Foundever that link to this Notice and the services associated with or set forth in them (the “Sites”). Please take a moment to read this Notice to learn more about our information practices and efforts to maintain your privacy.

2. Scope

This Notice applies to all Foundever non-employees, that may include visitors, contractors, suppliers, business partners’ current and former employees or candidates, potential business partners’ current and former employees or candidates or business partners’ existing or potential clients, end customers or consumers.

3. Information We Collect About You

The term “Personal Data” means information that specifically identifies an individual (such as name, address, email address, telephone number, or other identifiers that permit the physical or online contacting of a specific individual) or that is associated with an identifiable person (such as demographic information or information about a person’s activities when such information is linked to personally identifying information).

Personal Data does not include anonymized information. Anonymized information is data about the use of the Sites, or categories of Sites users, from which any Personal Data has been removed. We process anonymized data for a variety of purposes, including helping us understand trends and generic user needs so that we can better consider new publications, products, and services, and to tailor existing publications, products, and services to meet identified user desires. This Notice in no way limits or restricts our processing of anonymized information.

Personal Data may be collected from a variety of sources. For example, when you have a telephone conversation with one of our representatives, we may collect a recording of that conversation. Your call may be recorded for quality and training purposes, to resolve concerns, and to detect and prevent fraud. If you choose to contact us by email or mail, we may retain your email or mailing address, the content of your communication, and our response.

We may also collect Personal Data when you visit or use the services on our Sites, register or apply for one of our products or services, interact with us through social media or online ads, participate in surveys, or engage with us in any way. We may collect Personal Data for uses as described in this Privacy Notice. For example, if you register for the Sites we may collect your name, address, email address, telephone number, date of birth, and city and country, and we may collect other demographic information that you provide. Personal Data may also be collected in connection with leaving comments, posting content, sending an email or message to another user, or participating in any interactive areas or features on the Sites. Personal Data is collected solely for normal business operations and as part of supporting our clients where appropriate. By providing registration information or leaving comments on the Sites, you are explicitly consenting to the collection and processing of your Personal Data by Foundever.

In addition, from time to time we may collect Personal Data in the form of personal, contact, or other demographic information you provide when participating in surveys, contests, promotional offers, and other activities on the Sites. The Personal Data we collect from you is provided by you voluntarily, although if you choose not to provide information, your access to and participation in certain services, features, or activities on the Sites may be restricted. By participating in such surveys, contests, promotional offers, or other activities on the Sites, you are explicitly consenting to the collection and processing of your Personal Data by Foundever.

We may also receive information from third parties with whom we have business relationships. Where we combine third-party information with other Personal Data that we have collected from you, this Notice governs our use of such information.

When you provide Personal Data to us, we expect that you have authority to consent to its collection, use, and disclosure as outlined in this Notice. If you communicate with us, or provide Personal Data to us in any way, you acknowledge your consent for Personal Data collection, use and disclosure as set out in this Notice, applicable laws, and industry standards. If we want to use your Personal Data for a purpose that was not disclosed at the time of initial consent, consent will be sought at the time of this new purpose.

Subject to legal and contractual restrictions, you can, with reasonable notice to Foundever, withdraw your consent for use and disclosure of your Personal Data, other than that which is required for legal or regulatory purposes. You can also request that Foundever refrain from contacting you for advertising, marketing, promotions, rewards programs, research, or contests by updating your privacy preferences.

Foundever will only retain your Personal Data for as long as is reasonably necessary to provide you with the services you have engaged with us to provide, or as is legally required and permitted.

If you choose not to provide Personal Data, your access to certain services, features, or activities on the Sites may be limited.

4. How We Use Personal Data

In general, we use the Personal Data we collect to facilitate your use of the Sites, to provide you with information, products, and services you request; to inform you about other information, events, promotions, products, or services we think will be of interest to you; and to administer and assist us with the operation of the Sites and our business. For example, we may use the Personal Data we collect to:

  • Contact you about your use of the Sites, such as for administrative purposes or to provide you with customer service;
  • Respond to your emails, submissions, comments, requests, or complaints;
  • To deliver a more personalized service, including by enabling us to:
    • Estimate our audience size and usage patterns;
    • Store information about your preferences, allowing us to customize our website according to your individual interests;
    • Speed up your searches; and
    • Recognize you when you return to our website;
  • Provide you with the services, products, or information you requested;
  • Verify your identity where required;
  • Contact you about our products, services, activities, events, promotions or offers and for other marketing, informational, product development, and promotional purposes by post, email, or telephone;
  • Request feedback and to enable us to develop, customize and improve our information and services;
  • Maintain our records; prevent and detect crime, fraud, or corruption;
  • Process financial transactions; and
  • Enhance compliance with our legal responsibilities and the policies, rules, and other agreements governing the Sites in order to protect the online community and the overall integrity of the Sites.

5. Special Notice Regarding Children

Our Sites and services are not designed for, nor do we knowingly collect, Personal Data from children under the age of 16. If you are under 16 years of age, please do not provide your Personal Data to us.

6. How We Share Personal Data

If we collect any Personal Data, we share and disclose such Personal Data only as described in this Notice (as amended from time to time). We may share Personal Data with other companies within the Foundever group, including parent, sibling, subsidiaries or affiliate companies, worldwide.  We may also share Personal Data with third-party vendors, consultants, and other service providers who are engaged by or working with us in connection with the operation of the Sites or performing any services on our behalf.  Information may be processed outside Canada and the EEA.  Your Personal Data may be stored and processed at our corporate offices in the U.S. or with our parent, sibling, subsidiaries or affiliate group companies worldwide, or with approved third parties within the U.S. or elsewhere.  For information processed or stored outside Canada and the EEA, foreign governments, courts, or regulatory agencies may therefore be able to obtain such Personal Data through the laws of the foreign jurisdiction.  By providing your Personal Data you are expressly consenting to the transfer, international or domestic, of your information to the organizations mentioned above.

Foundever does not sell data collected to any third party and will only transfer your data

  • With your express consent; or
  • As part of a lawful basis of processing; or
  • In response to lawful requests by public authorities, including to meet national security or law enforcement requests; or
  • To parent, sibling, subsidiaries or affiliate companies within the Foundever®; or
  • To designated third parties as defined within this Notice or within our Cookie Policy.

We may be liable in cases of onward transfers to third parties without your permission as defined above.

We also may disclose Personal Data to third-parties, including law enforcement, when we are required to, or we believe it is appropriate to comply with the law subject to a lawful subpoena, warrant or court order; to enforce or apply this Notice or our other policies or agreements; to initiate, render, bill, and collect for amounts owed to us; to protect our or our customers’ rights, property or safety; to protect our customers from fraudulent, abusive, or unlawful use of our Sites; or if we believe that an emergency involving the danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of Personal Data. Where legally permitted to do so, we will notify you in advance of any such legal disclosure.

In addition, we may offer various features through a third-party service provider. By accessing and using these services, you are engaging with and providing information directly to the third-party provider of these services.  Your provision of such information to the third-party is subject to the party’s own privacy policy. Foundever is not responsible for any information you provide to these parties directly, and we encourage you to become familiar with their practices before disclosing information directly to third parties with which you come into contact.

7. Correction of Personal Data, Questions

Foundever remains responsible for Personal Data in our possession, custody, or transferred to a third party for processing and is committed to maintaining accurate data. Foundever has also appointed Data Privacy Officers responsible for ensuring that we comply with this Notice and applicable privacy laws.

Foundever provides you access to your Personal Data that we may hold and respects your rights as defined by data protection regulations, including the right to verify, correct, or delete any Personal Data we have collected. If you wish to exercise your rights regarding your Personal Data, submit a complaint, or have any questions or concerns regarding this Notice or Foundever’s treatment of Personal Data, please email privacy@foundever.com or write to us at 50/52 Boulevard Haussmann, 75009 Paris, France, Attention: Data Protection Officer. Please note that in certain circumstances, we may not be able to legally comply with a data subject access request or to remove or change certain stored Personal Data.

Foundever commits to resolve any complaints about our collection or use of your Personal Data. When we receive formal written complaints or data subject access requests, we will contact the data subject regarding their concerns within a reasonable period. Any unresolved data complaints arising from the use of the Sites shall be subject to the Site’s general terms and conditions of use, including any dispute resolution processes.

8. Protecting Personal Data

Foundever takes reasonable steps to protect any Personal Data we hold about you from misuse, loss, and unauthorized access, modification, or disclosure. Foundever will also cooperate with investigations conducted by our clients, Privacy Regulators or other authorized government bodies. 

If a data breach involving your Personal Data occurs, or if we suspect that a data breach has occurred, whether the entity experiencing the data breach is Foundever, a third party we use, such as a contractor or subcontractor, or our clients, we will expeditiously investigate and assess such incident. Based on this assessment, we will determine whether any steps need to be taken by Foundever to ensure your Personal Data is not accessed by unauthorized persons and whether to notify you with further recommended steps to protect your Personal Data.

If Foundever becomes aware or suspects that your Personal Data has been accessed by, or disclosed to, an unauthorized party, then Foundever will investigate it and notify you as soon as possible about any action we have taken to prevent reoccurrence.

9. Privacy Shield Statement

Foundever complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data transferred from the European Union to the United States. If there is any conflict between the terms in this Notice and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, please visit https://www.privacyshield.gov/

In compliance with the Privacy Shield Principles, Foundever commits to resolve complaints about our collection or use of your Personal Data. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Foundever at privacy@foundever.com.

Foundever has further committed to refer unresolved Privacy Shield complaints to the International Centre for Dispute Resolution (ICDR), the international division of the American Arbitration Association, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit https://go.adr.org/privacyshield.htm for more information or to file a complaint. The services are provided at no cost to you.

Foundever is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). The possibility, under certain conditions, for you to invoke binding arbitration.

Foundever does not rely on Privacy Shield as a legal basis for transfer of Personal Data in light of the judgement of the Court of Justice of the EU in case C-311/18. Pursuant to EDPB guidance, Foundever utilizes the EU Standard Contractual Clauses as a legal basis for transfer of Personal Data.

For additional information see Privacy Shield’s Privacy Policy FAQs.

10. Updates to this Notice

We will occasionally update this Notice to reflect changes in our legal obligations, services, and customer feedback. We encourage you to periodically review this Notice to be informed of how Foundever protects your Personal Data.

Last revised: November 2024