SantaChatter.com's Privacy Policy

Last Updated: October 14, 2023

Welcome to SantaChatter.com ("SANTACHATTER")!

This Privacy Policy is a legally binding document. We urge you to review it thoroughly before using our websites, or our products and services.

Contents - Privacy Policy

0. Introduction
1. Agreement to the Privacy Policy
2. Special Notice for Non-U.S. Residents
3. What Types of Personal Information Do We Collect About You?
4. How Do We Use Your Personal Information?
5. Who Do We Share Your Personal Information With?
6. How We Protect Your Personal Information
7. Duration of Retention for Your Personal Information
8. Accessing and Controlling Your Personal Information
9. Choices Available Regarding Your Personal Information
10. Use of Cookies and Other Web Technologies
11. Children's Online Privacy Protection
12. Notification of Privacy Policy Changes
13. Governing Law
14. Dispute Resolution Regarding Privacy Policy
15. Contact Information

0. Introduction

0.1 Overview:

This policy outlines the privacy practices for SantaChatter.com, a service provided by emailSanta.com Inc., a Canadian corporation. It applies to those visiting our websites, using our mobile applications, or leveraging our services to create digital content.

Please note that any links to this Privacy Policy ensure its applicability.
The term "SANTACHATTER" represents SantaChatter.com unless specified otherwise. For definitions of terms used, please refer to our Terms of Use and Terms of Sale.

If you have questions about this policy or our privacy practices, please reach out to us at the contact information provided at the end of this document.

0.2 Scope of Policy:

Your engagements with and contributions to the SANTACHATTER ecosystem, spanning:
• SantaChatter.com, and
• TalkTimeFriends.com
• emailSanta.com
are governed by this policy. Within the "SANTACHATTER Services", both the Content you produce and any contributions ("Submissions") via our websites or mobile applications are included. Note that while our mobile apps might be accessible through third-party Software Stores, such platforms may enforce their own unique terms.
However, it's crucial to understand that this policy doesn't extend to external sites, products, or services linked from our platforms. We strongly advise reviewing third-party entities' policies, such as Facebook, Twitter, and PayPal, before divulging any personal information.
For comprehensive clarity, always refer to our Terms of Sale and Privacy Policy.

Also, keep in mind that all support features of SANTACHATTER fall under these same guidelines.

0.3 Data Collection and Use:

We collect, use, disclose, and protect personal data you provide through the SANTACHATTER platforms. Personal data refers to any information identifying an individual, including but not limited to name, identification number, location, or online identifier.
The SANTACHATTER Services allow users to produce digital content, such as chats, videos and calls, strictly for personal use.

Users might provide personal data about themselves or others in the process. It is crucial to obtain appropriate permissions when sharing third-party personal data.

0.4 Third-Party Data:

When you share third-party personal data (e.g., information about your children or friends), it is solely for personalizing the services you request. We will not use such data for other purposes and will protect it with the same rigor as we do with your data.

0.5 Data Controller and Contact:

EMAILSANTA oversees the collection and use of your personal data. We have designated a Data Protection Manager to handle inquiries about this policy. See the contact information provided at the end of this document.

1. Agreement to the Privacy Policy

By accessing or using the SANTACHATTER Sites, Services, downloading, or purchasing our Content, Mobile Apps, or Products, you agree to be bound by this Privacy Policy.
If you disagree with this Privacy Policy, please stop using our Sites, Services, Content, Mobile Apps, and refrain from purchasing our Products.
Remember to review these terms regularly as we may update them at any time.

2. Special Notice for Non-U.S. Residents

By visiting the SANTACHATTER Sites, using our SANTACHATTER Services, purchasing, downloading, installing, or using our Content or SANTACHATTER Mobile Apps, and providing us with personal information, you acknowledge and agree that your personal information may be transferred, processed, or accessed globally as described in this Privacy Policy.

2.1 European Economic Area (EEA) Users:

If your information originates from within the EEA, your data may be transferred to, and processed in, locations outside the EEA, including the USA. This might be due to reasons such as:
- Fulfilling our contract when supplying goods, services, digital content, or apps.
- Implementing pre-contractual measures taken at your request.

Whenever we transfer your personal data outside of the EEA, we ensure its protection by implementing at least one of the following safeguards:
- Transferring data to countries approved by the European Commission for providing adequate data protection.
- Using model contracts approved by the European Commission, ensuring data gets the same protection as in Europe.
- Transferring data to US-based providers that are part of the Privacy Shield.

We are committed to taking appropriate technical and organizational measures to protect your personal data from unauthorized processing, loss, or damage. For questions or concerns about this consent process or data transfers, please contact us using the information at the end of this document.

3. What Types of Personal Information Do We Collect About You?

3.1 Direct Submissions:

We collect information that you directly and voluntarily provide to us, which may include photos, videos, names (real or fictitious) of you or your acquaintances and relatives, gift preferences, and commendable actions (like "brushes teeth"). This also encompasses any other data or materials you decide to share.

3.2 Account and Payment Details:

When registering an account or making a purchase on SANTACHATTER Site, you may provide details such as:
- Name
- Age bracket
- Contact details (phone, email, and mailing address)

For transactions made directly through our site, we gather payment-related information.

However, payments made through platforms like PayPal, Stripe, Google Play, Apple Store, or Amazon are processed by these third-party entities, and your payment data is governed by their respective privacy policies.

3.3 Third-party Information:

Occasionally, we might obtain both personal and non-personal details about you from affiliates, business partners, and independent third-party sources. We may combine this with the information we already possess.

3.4 Automated Data Collection:

While you interact with our website or services, certain information is automatically captured to enhance your experience. This may include session data like your IP address, browser type, and the website you visited before ours. We also track online activities such as viewed content and visited pages. We may employ cookies and web beacons or similar technology for such purposes (refer to our section on cookies for more details).

3.5 Integration with Social Networks:

If you opt to link your SANTACHATTER account with social networking sites like Facebook, Google, or Apple, certain details from these platforms are shared with us. For instance, we might access your name and email address from these connectors. However, the information we derive from these sources is dictated by your privacy settings on these platforms. Any data, including photos and videos, transferred from your social media to SANTACHATTER will be governed by our Privacy Policy and Terms.

3.6 Opting Out:

You have the freedom to withhold information. However, doing so might restrict your access to certain features on the SANTACHATTER platform.

Note: Always prioritize your privacy and review permissions and settings on third-party platforms to ensure the protection of your data.

4. How Do We Use Your Personal Information?

4.1 Reasons for Personal Information Collection:

We process your personal information for the following purposes:
1. Account Management: For registration, management, and facilitating your use of the SANTACHATTER Services.
2. Communication: To deliver potential e-newsletters, answer your queries, resolve issues, inform you about our services, and present offers from us and our partners.
3. Customization: To enhance your experience with the SANTACHATTER Services.
4. Demographics Analysis: To better understand our clientele's age, location, needs, and preferences to enhance our offerings.
5. Feedback & Improvement: Through surveys, to assess interest in and refine our services.
6. Enforcement: To uphold our Terms of Use, Terms of Sale, and other contracts.
7. Disclosure: As highlighted in the section below.
8. Point-of-Collection Descriptions: As elaborated when collecting the data.
Aggregate and anonymous data shared with third parties will not identify individual users.

4.2 Legal Basis for Using Your Information:

We only process your data when legally permissible:
Contractual Obligations: When providing you goods, services, content, or apps.
Consent: When you affirmatively agree, such as during registration.
Legitimate Interests: To understand your needs, refine our offerings, and inform you of relevant products/services. This aligns with EMAILSANTA's business interests.
Legal Compliance: When mandated by laws or regulations.

We rely on the appropriate legal basis depending on the data processing activity.

5. Who Do We Share Your Personal Information With?

Your personal data may be shared with:
1. Vendors: Service providers essential for our operations, such as product distribution, analytics, marketing, and fraud prevention. Vendors only access data essential for their tasks.
2. Business Partners: When we jointly offer services. While we aim to ensure partners uphold privacy standards akin to ours, their practices are not under our control.
3. Affiliates: If redirected to SANTACHATTER from another site, we may share limited data with the referrer. Review the referrer's privacy policy for their practices.

We may also disclose your personal data:
Child Safety: In order to assist Child and Protective Services when there is a reasonable suspicion of possible child abuse of any kind.
Business Transitions: During mergers, asset sales, or corporate restructuring.
Legal & Compliance: In response to legal processes, defending our rights, investigating suspected misconduct, or complying with our terms and agreements.
Endorsements: If you vouch for us, we may publicize your endorsement.

6. How We Protect Your Personal Information

Security Measures: While we acknowledge that internet transmissions inherently carry risks, once we receive your data, we apply appropriate security measures to safeguard against unauthorized access or any other breach. Please remember to always keep your passwords and account details confidential to enhance your security. Should you have security concerns, please contact us.

7. Duration of Retention for Your Personal Information

We store your personalized data as specified in our Terms of Sale.

7.1 Account and Data:

Account data and submissions are kept for 30 months past your last activity. Activities include accessing or utilizing your SANTACHATTER account in any form.

If there is a lack of activity, your account will be disabled, leading to the deletion of personalized content. Your submissions and registration data might be retained for another 30 months for record integrity, legal compliance, and other purposes mentioned previously.

7.2 Email Communications:

During the additional 30 months, we may send you offers for our products or services. Each email will provide an opt-out option, or you can contact us directly to opt out.

7.3 Account Deletion:

Deleting your account will remove personalized content and submissions. However, registration data can stay in our system for 30 months. Some personal information may still be retained to meet legal or regulatory requirements.

7.4 Personal Information Deletion Request:

You can request deletion of your personal information by contacting us. We will act on it considering our legal obligations.

Remember, SANTACHATTER has the right to delete your data as mentioned in our Terms of Sale and Terms of Use. Ensure you maintain backups.

8. Accessing and Controlling Your Personal Information

Your Rights Under Data Protection Laws:
- Access: You can request a copy of your stored personal data.
- Correction: If our records are inaccurate or incomplete, you can request rectification.
- Erasure: Under specific conditions, you can ask for data deletion unless we have legal reasons to retain it.
- Object: If we process data based on legitimate interests, you can object, especially if there are reasons tied to your specific situation.
- Restriction: You can request a halt on data processing in certain scenarios, like verifying data accuracy.
- Consent Withdrawal: At any point, you can withdraw consent for data processing. Withdrawing might affect some services, and we will inform you about it.
- Lodge Complaints: If our data practices concern you, kindly contact us. You also have the right to approach the relevant supervisory authority.

Your trust is paramount. We are committed to ensuring the protection, transparency, and control of your personal data in line with the best global practices.

9. Choices Available Regarding Your Personal Information

9.1 Opting Out of Marketing Communications:

As mentioned earlier, we may utilize the information we hold about you to notify you about our special offers and available products and services. However, you possess the right to request us not to use your personal data for these marketing endeavors. All our marketing communications come with an opt-out feature. To exercise your right to halt such processing, simply utilize this feature. Additionally, you can assert this right by contacting us.

9.2 Accessing and Editing Your Personal Information:

You can view and modify a majority of your personal data online by accessing your account. Please ensure you sign in using your password for security reasons. Should you wish to remove your account, navigate to the "My Account" section and choose "Delete Account". On receipt of your account deletion request, all related information, including Submissions and personalized Content, will become inaccessible and subsequently be deleted by us. However, specific personal data might remain archived as detailed above and within our Terms of Sale.

9.3 Account Deletion and Data Retention:

Once your SANTACHATTER account data is expunged, it is removed from our active database. Yet, certain personal details could stay in our archives for reasons mentioned above and as per our Terms of Sale.

9.4 Communications After Transactions:

Post certain transactions, like account creation or purchase of Content or SANTACHATTER Mobile Apps, we retain the right to send you pertinent communications, which can include service announcements, administrative messages, surveys about your account, and other non-marketing related messages. You will not have an opt-out choice for these. You can, however, alter your email preferences anytime by logging into your account, visiting the 'My Account' page, and adjusting your email notification settings. For promotional emails, you will always have the choice to unsubscribe using the link located at the bottom of such emails. Even after opting out from promotional communications, you will continue to receive service-related messages (e.g., order confirmations, Content creation acknowledgments) and any legally required notifications.

9.5 Access to Information and Exercising Your Rights:

Accessing your Personal Data or executing any rights as detailed above will not incur any fees. Nonetheless, for requests deemed repetitive, unfounded, or excessive, a reasonable fee might be charged. On rare occasions, we might refuse to honor your request, primarily if it compromises the privacy of others or is unlawful.

To validate your request and safeguard your data, we might ask you for supplementary details to confirm your identity. This ensures no unauthorized disclosures of your data.

All requests will receive a response within one month. For complex or multiple concurrent requests, this period might extend. If such a delay is anticipated, we will inform you promptly.

10. Use of Cookies and Other Web Technologies

At SANTACHATTER, we value transparency in how we use technologies to optimize and protect your online experience. Here is a detailed breakdown:

10.1. Purpose of Cookies and Web Technologies:

Our website may employ cookies and related technologies to differentiate you from other site users. This ensures a seamless experience when you navigate our pages and enables us to refine our website's functionalities.

10.2. About Cookies:

Cookies are tiny data files stored on your computer (if allowed by your web browser). Our usage of cookies serves multiple purposes:
- User Recognition: Identifying your browser as a returning visitor, retaining set preferences during your visit, and eliminating the need to re-login.
- Evaluating Effectiveness: Assessing the performance of our website's attributes, promotional content, and the responsiveness of our email campaigns.
- Security: Spotting potential fraudulent activities and misuse of our digital platforms.
- Social Media Integration: Certain pages have social media cookies allowing users logged into their respective social media platforms to share content directly.
To learn how to manage your cookie preferences, consult the "help" section of your browser. Note: Disabling cookies may restrict access to certain features on our platforms.

10.3. Web Beacons:

Web beacons, also termed clear gifs, pixel tags, or web bugs, are minuscule graphics embedded in website code. They facilitate:
- Traffic pattern monitoring among our website pages.
- Improved website efficiency by working alongside cookies.
- Tracking user activity to gauge the efficiency of our site and promotions.

We collaborate with third-party providers, like Google Analytics, who might utilize cookies and similar technologies to gather data about your online behavior. This aids in refining our content delivery based on user preferences.
Please note: We do not control third-party cookies, and they are not included in this Privacy Policy. To opt-out of third-party ads, specific tools and settings are available.

10.4. "Do Not Track" (DNT) Requests:

Currently, we do not process DNT signals due to a lack of a standardized approach. Meanwhile, you can utilize other available tools, such as behavioral advertising opt-out settings.

10.5. Google Analytics:

We may employ Google Analytics. For a comprehensive understanding of how Google utilizes your data on our platforms, refer to Google's Privacy Policy for Partners. To exclude your data from Google Analytics, use the Google Analytics Opt-out Add-on.

10.6. Cookie Lifespan:

Essential operational cookies have varied lifespans, with most expiring between 7 to 60 days. For further clarification or inquiries, contact us directly.

11. Children's Online Privacy Protection

We prioritize the privacy needs of children and strongly urge parents and guardians to actively monitor their children's online activities. We do not intentionally gather personal data from children under 14 and, indeed, actively discourage it. If we discover we have mistakenly collected data from someone under 14, we will take steps to delete this data. Adults, including those aged 14 and above, may submit personal information about persons under 14 to the SANTACHATTER Sites and SANTACHATTER Services, but only in accordance with our Terms of Use and Terms of Sale. Direct submissions by children under 14 are strictly prohibited.

12. Notification of Privacy Policy Changes

We may occasionally revise our Privacy Policy. When notable modifications are implemented, we will notify SANTACHATTER account members by sending an email to their registered address or by posting a notification on the SANTACHATTER Site. The "most recently updated" date at the top of this document will also be modified to reflect these changes.

Continued usage of the SANTACHATTER services indicates your acceptance of these updated terms. If you find yourself in disagreement with any of the amendments, it's recommended to stop using our services and delete your SANTACHATTER account. We encourage users to regularly review both this Privacy Policy and Terms of Use to remain informed.

13. Governing Law

This Privacy Policy is governed by the laws of the Province of Alberta, in accordance with the stipulations in our Terms of Use.

14. Dispute Resolution Regarding Privacy Policy

Any claims or disputes relating to this Privacy Policy will be subject to binding arbitration, as detailed in our Terms of Use. Details about the arbitration venue, associated costs, and alternative dispute resolutions are provided therein.

15. Contact Information

For questions, concerns, or clarifications about this Privacy Policy, you can reach us at:
emailSanta.com Inc.
15 Royal Oak View NW
Calgary, Canada T3G 5L6
Phone: 4oh3-999-7817
Email: [email protected]