Privacy Policy

At TOON BOOM ANIMATION Inc. ("TOON BOOM"), protecting your privacy is very important to us. Our goal is to treat the personal information you furnish us with the utmost respect, and in accordance with this Privacy Policy. Please read on for details about our practices for handling and securing your personal information.

By accessing, using and/or downloading materials from this Site, you agree on your own behalf and on behalf of each entity on whose behalf you act to the terms of this Privacy Policy.

Information specific to certain products or services from TOON BOOM can be found at relevant sections of this site. This information is provided as an addendum to this policy, as various laws or the nature of those products or services may require additional description and disclosures. In addition, when you provide your personal information to us in an on-line request for one of our products or services, more specific details on how we may use and treat that information may be provided with the request. Where inconsistent with this Privacy Policy, these more specific provisions will prevail. We encourage you to read this information, as well as the posted privacy policies of other web sites you visit.

• What information do we collect?
• Communication of your personal information to affiliates and third parties
• How do you access and update your information?
• How is your information secured and protected?
• What if we change our Privacy Policy?
• Website links
• Surveys and contests
• Posted information, bulletin boards and discussion areas
• Opt-Out Policy
• Disclaimer and limitations of liability
• We want your feedback

Anonymous browsing

You can visit this Site without telling us who you are or revealing any information about yourself, including your e-mail address. In this case, our Web server may collect the name of the IP address you used to access the Internet and the web site you came from and visit next. This information is used by us and our business partners to measure the number of visits, average time spent, page views, and other statistics about visitors to this Site in general. We may also use this data to monitor site performance, for systems administration purposes, to make this Site easier and more convenient to use and to report information in aggregate form to our advisers and other third parties (e.g. how many visitors log in to this Site).

You may set your browser to notify you when you receive a cookie or to prevent cookies from being sent. Please note, however, that by not accepting cookies, you will limit the functionality we can provide you when you visit this Site.

Tracking user preferences also helps us serve you targeted advertising. Targeted advertisements are probably more interesting for you and are more productive for our advertisers. Please note that we do not share your personal information with advertisers.

Personal Information Collection

There are times when we may ask you for or you may choose to provide for information about yourself and your business to assist us in meeting your various needs. This information may be used for the purpose of providing you with products or services you have requested, servicing your account, improving our services, developing and / or informing you of additional products or services provided by TOON BOOM, our affiliates or our business partners that may be of interest, or answering questions you may have. To provide these products or services, we may need to ask you directly to provide, among other things, your name, mailing address, postal code, e-mail address, phone number and date of birth. Also, you may elect to apply on-line for one of our products or services, which may require us and our subcontractors to gather additional information from our affiliates and third parties (including credit information) to determine your eligibility or to fulfill your order. At times, we also conduct on-line surveys to better understand the needs, profiles, and experience of our visitors. You will be given the option of not participating in such surveys. Once you provide us such information about yourself, your browsing on this Site will no longer be anonymous to us.

Children

Access to this Site is reserved to adults only i.e. individuals who are considered major in the jurisdiction from which this Site is accessed and no portion of this Site is directed at children nor are they encouraged to visit this Site.

Please note that we do not knowingly solicit information from children and we do not knowingly market our products and services to children.

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When you provide information to us, we do not communicate or disclose your information to other third parties for the purpose of fulfilling and completing your requests and the transactions related thereto or for such third parties to offer you their products and services. The exception being any customers who purchase Animation-ish, a product jointly developed by Toon Boom Animation Inc. and FableVision Inc. In this case, the customer information will be shared by both Toon Boom and FableVision.

Occasionally, you may receive e-mail communications with information from TOON BOOM, which may be useful to you, including information about our products and services or about offerings from TOON BOOM and our affiliates or third parties. We will include instructions in our e-mail messages on how to unsubscribe if you later decide you do not want to receive any future e-mails or other marketing contacts.

We may also aggregate statistics that we gather about our customers, sales, traffic patterns, and products and services and provide these statistics to third parties; however, when we do, these statistics will not include any personal information that identifies individuals. All reasonable measures have also been taken so that the information you provide to us will not be used by our affiliates or third parties for purposes other than those indicated herein.

We may also use, disclose and communicate your personal information if required to do so by law including by an order of any court or to any potential purchaser of an interest in our enterprise or of shares in our enterprise as well as to any of our lenders or potential lenders.

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A copy of the personal information you provide to us and which we retain is kept on our servers or those of our service providers located in Montreal, Quebec, Canada. You can access and notify us to update the personal information you have provided to us or request that we remove your name from our lists or not make your personal information available to third parties by sending us an e-mail at info@toonboom.com. Also, you may request that we modify or delete information we have gathered during your visit by sending us an e-mail at info@toonboom.com.

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Where TOON BOOM considers it appropriate, TOON BOOM uses encryption and/or authentication tools among other methods to protect certain web-based personal information. E-mails you send us are not necessarily secure when they are transmitted to us.

Certain sections of our Web sites allow you to order products and services for which you may be required to provide your credit card information. These sections use Secure Socket Layer (SSL) Protocol for browsers that support 128-bit encryption (such as Netscape® Navigator version 2.0 or greater, or Microsoft® Internet Explorer version 2.1 or greater). SSL encrypts information as it travels between the customer and TOON BOOM so that your purchase information cannot be read as it travels over the Internet. You will know that your browser is secure by a change in the URL from http:// to https://. If the URL on a page asking you to provide information remains as http://, beware as this may result in an unsecure transmission. If you are not using a browser which adheres to the SSL Protocol and supports 128-bit encryption, the information you provide may not be secure and we recommend that you contact TOON BOOM by telephone to place your order.

When processing credit card purchases over the Internet, TOON BOOM or our third party service provider will verify your credit card information with the appropriate financial institution prior to processing your purchase. Neither we nor our third party service provider will supply your credit card information to any other third party.

We instruct our employees with access to your information that it is to be used only in adherence with the principles set forth in this Privacy Policy and the laws applicable to each specific business. Employees who misuse customer information may be subject to disciplinary action.

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TOON BOOM reserves the right to modify or supplement this Privacy Policy statement at anytime. If we make any material change to this Privacy Policy, we will update this Site to include such changes and post a notice on our home page with a link to the updated Privacy Policy. Please read any such notice and the new policy statement.

Your continued use of this Site after we post such notice will constitute your acceptance of the new terms and their application to your use of this Site and the information disclosed for such use, including information previously furnished us, as if they were the initial terms. However, we will seek your consent if we want to use your personal information for purposes other than those you have agreed to previously.

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This Site may contain links to other sites, including those of our business partners, vendors and advertisers. While we try to link only to sites that share our high standards and respect for privacy, please understand that we are not responsible for the content of the privacy practices employed by other sites. Please be sure to review the privacy policies of those sites.

From time to time, this Site displays advertisements or information and links to third parties. These advertisements or links may contain cookies placed by those third parties. TOON BOOM is not responsible for how those advertisements, the web sites to which they are linked, or how any other linked sites, may use their own cookies. For example, cookies received with banner ads may be collected by the company posting the ad on our Site. Again, please refer to that company's privacy policy for further information.

From time to time, TOON BOOM may have access to the information gathered by those third party sites or advertisers. If that information identifies you personally, TOON BOOM intends to treat it in accordance with this Privacy Policy.

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From time to time TOON BOOM may make online surveys available to users of the Site. Participation in those surveys is voluntary. Some online surveys may ask participants for personal information, such as an email address, in addition to requesting answers to survey questions. TOON BOOM may use that personal information to contact the participant if necessary, or to send the participant information about TOON BOOM or other topics TOON BOOM thinks will interest the participant. TOON BOOM may make the results of any survey publicly available, although TOON BOOM will not attribute any particular response to you without your permission. Participants may opt-out of receiving future informational mailings from TOON BOOM. See the section entitled HOW DO YOU ACCESS AND UPDATE YOUR INFORMATION? above.

On occasion TOON BOOM may make available to users of the Site contests in which they may qualify for participation. Participation is always voluntary and subject to the applicable contest rules. The contest may ask participants to provide personal information as a condition of participation. TOON BOOM may use that information to contact the participant with regard to the contest itself, or when otherwise necessary. TOON BOOM may also use that information to send participants information about TOON BOOM or other topics TOON BOOM thinks will interest the participant. Finally, TOON BOOM may make the names of contest winners public, as provided in the rules of such contests, or as required by applicable law. Participants may opt-out of receiving future mailings from TOON BOOM. See the section entitled HOW DO YOU ACCESS AND UPDATE YOUR INFORMATION? above. In some instances, the applicable contest rules may contain additional or different uses for the information you provide; please be sure to review those rules carefully before entering.

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Certain portions of this Site are designed to allow you to post or disclose publicly information on the Site such as your C.V., news, animations or other material ("Posted Information"). Please be aware that any Posted Information becomes public and that such Posted Information will not be protected by this Privacy policy. You should therefore exercise caution when deciding to submit information to become Posted Information. You should also be aware that if you voluntarily disclose personal information as Posted Information, including on the bulletin boards or in the discussion areas of this site, that Posted Information may be collected and used by others and may result in unsolicited messages by other people over which we have no control.

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You will be able to unsubscribe from Toon Boom Animation correspondance at any time. To manage your subscriptions go to: toonboom.com/members and unflag the subscription categories you no longer wish to receieve. Alternative way to instant unsubsription is following direct link "Unsubscribe" at the top of one of our email."

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TOON BOOM INTENDS TO TAKE REASONABLE PRECAUTIONS TO ABIDE BY THIS PRIVACY POLICY. NEVERTHELESS, IN THE EVENT THAT TOON BOOM DOES NOT COMPLY WITH ALL TERMS CONTAINED IN THIS PRIVACY POLICY, YOU AGREE BY USING THIS SITE AND BY SUBMITTING INFORMATION TO THIS SITE THAT YOUR SOLE AND EXCLUSIVE REMEDY AGAINST TOON BOOM WILL BE TO HAVE TOON BOOM PROMPTLY CORRECT THE HANDLING OF YOUR INFORMATION IN THE FUTURE TO ACCORD WITH THIS PRIVACY POLICY, AND TO NOTIFY ANY THIRD PARTY TO WHICH TOON BOOM DIRECTLY TRANSFERRED ANY INFORMATION OF THE CORRECT INFORMATION OR TO CEASE USING SUCH INFORMATION.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, TOON BOOM DISCLAIMS ANY OTHER OBLIGATION, LIABILITY, OR WARRANTY TO YOU FOR ANY OTHER ACTION, INACTION, OMISSION, OR OTHER ACTIVITY THAT IS NOT IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, ITS TERMS, OR ITS DISCLAIMERS THEN YOU SHOULD NOT USE THIS SITE.

UNDER NO CIRCUMSTANCES SHALL TOON BOOM, ITS AFFILIATES OR THEIR SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, RELIANCE, SPECIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS OR IMAGE, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS) ARISING OUT OF OR CONNECTED WITH THIS PRIVACY POLICY, OR THE FAILURE OF TOON BOOM TO ADHERE TO IT, EVEN IF TOON BOOM, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES/JURISDICTIONS, THE RESPECTIVE LIABILITY OF TOON BOOM, ITS SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN CONTAINED APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, DELICT, QUASI-DELICT, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF CONTRACT OR THE FAILURE OF AN EXCLUSIVE REMEDY.

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In order to continually monitor and strengthen our privacy procedure, we have on staff a Manager of Privacy, who can be contacted at webmaster@toonboom.com. Please contact our webmaster if you have questions about information security, privacy and usage at webmaster@toonboom.com that were not answered here. We welcome any suggestions to our Privacy Policy.

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Toon Boom Animation
4200 Saint-Laurent, Suite 1020
Montreal, Quebec, Canada
H2W 2R2
webmaster@toonboom.com
Tel: (514) 278-8666
Fax: (514) 278-2666