We at Brand Access LLC (“we”, “us”, “our” or “Brand Access”) value your privacy and are committed to taking care of your Personal Information, which is a responsibility that we take very seriously.

This Privacy Policy explains how we may use the Personal Information we collect when you visit our http://ozlosleep.ca/ (“Website”), inquire about our products, purchase a product through our Website or subscribe to our marketing communications. It also explains how we comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) and what your rights are under these legal frameworks.

Brand Access is the seller of all Drowsy Digital, Inc. (D/B/A Ozlo) products and is solely responsible for all aspects of your purchase and for the services offered through this website. We are accountable for the personal information under our control and have designated a Privacy Officer who is responsible for our compliance with PIPEDA.

Our registered office is at the following address: 20 Bay Street, 11th Floor; Toronto, ON M5J 2N8

1. What type of Personal Information do we collect from you?

Personal Information means any factual or subjective information, recorded or not about you, either obtained directly from that data or because we combine that information with other data about you.

When you use our Website, including to create an account with us and purchase products from our Website, subscribe to our marketing communications or we interact with you in relation to our products, you may provide us with your Personal Information, or we may thus obtain Personal Information about you.

We may process the following Personal Information:

• Contact details and personal identifiers: such as your name, email address, telephone number, address, shipping address, billing address, date of birth, username;
• Purchase data: data on the products you have asked us to provide to you, such as date and time of purchase, customer number, order number, invoice number;
• Payment data: information relating to your bank account, credit/debit card details, payment and receipt details, tax identification number, refund or credit details and details of payment transactions with you;
• Records of your interactions with us: such as any feedback, enquiries or complaints you make, questions you have, or content of any other interactions with us;
• Internet information: including your use of and movements through our Website, the date and time of your visit or use of our Website, passwords, personal identification numbers, IP addresses, geolocation, user names, device information such as type of browser, operating system, platform, and search engine used and other IT system identifying information.
• Your marketing preferences: so that we know whether and how we should contact you.
  You can stop receiving our marketing communications at any time, free of charge, through the methods displayed as part of any communication such as the unsubscribe link in our emails. Or further information on this please see the section below on Direct Marketing.

2. Where do we collect your Personal Information from?

We will collect Personal Information from several sources. These include the following:

• Directly from you: when you use our Website, order our products, provide your feedback or make a complaint, contact us by email or communicate with us directly in some other way.
• Our website: provides us with information about how you use it and the devices that you use to connect to our Website. Like many other Websites, we use so-called “cookies”. Cookies are small text files that are stored on your device (laptop, tablet, smartphone, etc.) when you visit our Website. If you have given your consent to our use of cookies, we do so to improve the use of our Website, analyze our Website or to display advertising on our Website. You can withdraw your consent to our use of cookies any time. Please find a detailed list of all cookies we use in our      Cookie Policy (needs hyperlink to policy)
• Advisors: either advisors appointed by you or advisors appointed by us such as legal advisors.
• Publicly available sources: in individual cases, we may also obtain Personal Information from publicly available sources, such as from third party websites, or social media platforms.

If you are providing information regarding other individuals to us, it is your responsibility to ensure that you have the right to provide the information to us.

3. Consent

We obtain your consent for the collection, use, and disclosure of your personal information, except where inappropriate or where permitted by law. The form of consent may vary depending on the circumstances and the type of information collected. Consent can be express or implied, and can be provided directly by you or by your authorized representative.

You may withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice. However, please note that withdrawing your consent may affect our ability to provide you with certain products or services.

4. Why do we collect your Personal Information and on what legal basis?

The table below describes the main purposes for which we process your personal data, the categories of your information involved and our lawful basis for being able to do this.

Purpose	Personal Information used
We have a legitimate interest in our website working properly so that we can provide our website to you	IP address, browser type, device ID, geolocation
This is necessary to improve our website security, offer IT support and troubleshooting	IP address, date and time of your visit or use of our website, device information
This is necessary manage your purchases and provide products to you under the contract established with you provided we have your explicit consent	Name, email address, telephone number, address, shipping address, billing address, date of birth
This is necessary to register an account with us	Name, date of birth, email address, telephone number, address, payment data, purchase history and customer number
This is necessary for us to nvoice you and receive payments from you	Name, email address, billing address, shipping address, telephone number, date of birth, customer number, invoice number, tax identification number, and other payment data
Marketing products which may be of potential interest to you and offering promotions. This is optional and dependent on your consent	Name, email address,  telephone number and marketing preferences
Provide you with our newsletter if you have previously given us your consent	Name, email address, marketing preferences
To deal with inquiries, and other communications from you	Name, shipping address, billing address, email address, telephone number and customer number or any additional information provided to us voluntarily through customer service interactions or surveys
We have a legitimate interest to perform credit checks to ensure that we are likely to be paid for our products or services	Contact details and payment information
We have a legal obligation to comply with any legal or regulatory requirements	Contact details, invoice number and tax identification number
Storage of records relating to you and also records relating to our business in order to be able to manage and fulfil our contract with you, we may have a legal and/or regulatory obligation to do so and we also have a legitimate interest to keep proper records	All the personal information we collect about you

As mentioned above, some of your Personal Information may be required due to legal, contractual, or other obligations. Failure to provide this data may impact our ability to fulfil our contract with you or comply with relevant legal obligations. For other Personal Information, whilst you may not be under an obligation to provide it to us, if you do not provide it, we may not be able to properly perform our services for you. Without your Personal Information, you may be unable to complete purchases or register an account on our Website.

Providing Personal Information for marketing and newsletters is optional and dependent on your consent. Refusal to provide this data has no negative consequences but means that we cannot offer personalised marketing messages or promotional offers. If you gave us your consent for marketing purposes, you can revoke your consent or object the processing at any time by emailing privacy@brandaccess.com.

5. Who we share your Personal Information with?

In order to operate our Website and provide you with the products you have ordered we may need to share your Personal Information with third parties. This includes sharing your Personal Information with the company whose products you are purchasing (our “Clients”) and companies engaged by us to manage our relationship with you and provide you the services described above.

We may share your personal data with the following recipients:

• Clients: such as the vendors whose products you are purchasing via our Website.
• Sub-contractors: such as our marketing and service technology providers, direct marketing brokers, cloud service providers, e-commerce providers, payment providers, 3PLs, shipping companies and couriers, payment service providers and other sub-contractors.
• Consultants and accountants: such as legal or tax consultants and accountants.
• Government and law enforcement agencies: where we are required to do so by law or to assist with their investigations or initiatives.

We do not disclose Personal Information to anyone else except as set out above unless we have your consent, or we are legally obliged to do so. These recipients will only process your Personal Information to perform tasks and duties on our behalf and in compliance with this Privacy Policy and governing data protection laws. In addition, when we share your personal information with third parties, we ensure that they are bound by appropriate agreements to maintain the confidentiality and security of your information and to use it only for the purposes for which it was shared.

6. Direct Marketing

From time to time, our Clients may contact you by email and/or SMS with information about products they believe you may be interested in.

Marketing emails and newsletters will only be sent to you based on the preferences you set when you create your account, tell us that you wish to receive marketing related messages or when you have purchased similar products from our Website previously.

You can opt out any time if you do not wish to receive any marketing messages by clicking on the unsubscribe link in any marketing email you receive to unsubscribe from future marketing communications.

7. International data transfers

In the course of our operations, it may be necessary to transfer your Personal Information to recipients located outside Canada. These transfers may be to our Clients, partners or service providers who are located in regions with differing data protection laws than those in your country. While the information is in the other jurisdiction, it may be accessed by the courts, law enforcement, and national security authorities.

When transferring your personal information outside of Canada, we ensure that the recipient country has data protection laws that are comparable to Canadian laws or we use contractual or other means to ensure that the foreign entity provides a comparable level of protection. 

8. How long do we keep Personal Information for?

Generally, we will retain your Personal Information for as long as we need it for the purposes for which it was collected. The duration for which we retain your Personal Information will differ depending on the type of information and the reason why we collected it from you. However, in some cases Personal Information may be retained on a long term basis: for example, Personal Information that we need to retain for legal purposes will normally be retained in accordance with usual commercial practice and regulatory requirements.

In addition, we may be allowed to retain Personal Information whenever you have given consent to such processing (e.g. subscription to our newsletter), as long as such consent is not withdrawn.

When Personal Information is no longer required, it will be securely deleted, erased, or anonymized.

9. Data security

We take the security of your information very seriously and only handle Personal Information as permitted by data protection regulations. 

We have implemented safeguards appropriate to the sensitivity of the information, including physical, organizational, and technological measures. These measures are reviewed and updated regularly to ensure ongoing protection of your personal information and to help protect your Personal Information from unauthorized access, disclosure, modification, loss or destruction in accordance with applicable data protection laws.  When handling Personal Information, our employees are obliged to comply with the requirements set for organizations that fall under the scope of PIPEDA.

In the event of a data breach that poses a real risk of significant harm to individuals, we will notify affected individuals and the Office of the Privacy Commissioner of Canada as required by law. We will provide details of the breach and advise affected individuals on steps they can take to protect themselves from any potential harm.

10. Links to other websites

Our Website may contain links to other websites or services that are not owned or controlled by us, including links to social media platforms such as YouTube, Instagram, or X (formerly Twitter), or may redirect you off our Website.

This Privacy Policy only applies to information collected by our Website and services. We are not responsible for the privacy and security practices of those other websites or social media platforms or the information they may collect (which may include IP address). You should contact such third parties directly to determine their respective privacy policies. Links to any other websites or content do not constitute or imply an endorsement or recommendation by us of the linked website, social media platform, and/or content.

11. Your rights in relation to your Personal Information

Under PIPEDA, you have the right to request access to the personal information we hold about you and request its correction or deletion, subject to legal limitations. You may also withdraw your consent for the processing of your data at any time. Where appropriate, we will also transmit your request to third parties with access to your personal information.

You have the right to challenge the accuracy and completeness of your personal information and have it amended as appropriate.

You have the right to know if your personal information is being transferred to third parties or service providers outside of Canada.

You have the right to submit your complaint to the supervisory authority, in addition to us via our Privacy Officer mentioned below if you are of the opinion that our processing is not in compliance with PIPEDA's principles.

The period for handling a request is 30 days unless it is a particularly complex request.

Once our specified retention period has expired we shall delete the relevant Personal Information Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after the expiration of such retention period.

For any inquiries, please contact our Privacy Officer at privacy@brandaccess.com.

12. Processing data in relation to children

Our services are not intended for use by individuals under the age of 13. We do not knowingly collect personal information from individuals under 13 without verifiable parental consent. If we discover that we have inadvertently collected such data, we will take steps to delete it. If you have reason to believe that this has occurred, please contact us at privacy@brandaccess.com.

13. Changes to our data protection provisions

We may need to make changes to this Privacy Policy to ensure that it complies with current legal requirements or to implement changes to the services detailed in the Privacy Policy, e.g., when introducing new services and products. In this case, your future visits to our Website will be subject to the updated Privacy Policy.

14. Difficulty accessing our Privacy Policy

Individuals with disabilities who are unable to usefully access our Privacy Policy online may contact us to inquire how they can obtain a copy of our policy in another, more easily readable format.

15. Openness and Transparency

We are committed to being open and transparent about our privacy practices. This Privacy Policy is made readily available to individuals, and we will make timely updates to reflect any changes in our personal information handling practices. If you have any questions about our practices, please do not  hesitate to contact our Privacy Officer.

16. Contact Information

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Information, or your choices and rights regarding such use please do not hesitate to contact our Privacy Officer at: 

Email at: privacy@brandaccess.com
Post to: 900 High Street, Palo Alto, CA 94301, United States

If you are not satisfied with our response to your privacy concerns, you have the right to complain and contact the Office of the Privacy Commissioner of Canada here.

Office of the Privacy Commissioner of Canada
30 Victoria Street
Gatineau, Quebec K1A 1H3
Toll-free: 1-800-282-1376
Website: www.priv.gc.ca

 

This Policy was last updated: October 17, 2024