MYVUSE App Privacy Policy

MYVUSE
PRIVACY POLICY
Welcome to the MyVuse App (“App”).  The App is published by our affiliate Nicoventures Communications (Switzerland) SA. This Privacy Notice explains how we, Imperial Tobacco Company Limited, may collect, use and share your personal information when you are using the App in connection with our Bluetooth enabled ePod devices (“Devices”). Your privacy is important to us, and we are committed to protecting and safeguarding your rights. Please read the following carefully.
For further information regarding our privacy practices, please see our Privacy Policy. If you have any queries or concerns regarding this MyVuse Privacy Policy, please contact us at info.ca@vuse.com

1.     HOW WE COLLECT AND USE YOUR INFORMATION

To use the App you must have a Vuse account (“Account”) registered with us. If you already have an Account with us, you can use your login details to login and use the App. If you do not have an existing Account, you will be asked to register for one. How we process your personal information in connection with your Account is governed by a separate privacy policy available here.
We collect and use information about you in the course of your use of the App and Device(s). This personal information may be collected:

• directly from you, for example when you communicate with us;
• via the App, for example when the App synchronises with our cloud environment;
• via third party service providers or is publicly available information, for example when we are collecting information for the purposes of age verification (see further Verifying Your Age below).

Some of the personal information we collect is dependent upon the App functionalities that you have chosen in the App to enable and use. These App functionalities and the types of personal information that may be collected are set out below.

• Connecting your Device to your mobile phone

We may provide you with the option to pair your Device to the App on your mobile device using Bluetooth wireless technology in order to take advantage of certain features on the App and get a more personalized vaping experience. If you pair your device, you will have access to features such as Find My Vape, Cloud Control, and Battery Recharge Reminders. In order to provide these services, we collect information associated with your Device preferences.  You will have the opportunity to choose your preferences in the App and you can change your preferences any time. You can also unpair your Device to the App on your mobile device in the settings of your mobile device, although doing so may prevent you from being able to fully take advantage of all the features and functions of the App.

• Location information

With your consent, when pairing your device or using the Find My Vape functionality, we may collect your location information by accessing your phone’s GPS coordinates. This information is stored locally on your phone.

If you enable “Find my Vape”, data is collected to enable you to see the last location where your Devices were synched with the App, including GPS location of the last synchronisation, and timestamp of the last synchronisation between the specific Device and App.  

You can opt-out at any time by turning off your location services in the settings of your mobile device or by disabling the Find My Vape feature in the App Your Preferences page.

• Other data

We may also collect some or all of the personal information listed below.

• Identity data: information in connection with your login to the App and the age verification process will be collected including your first and last name, residential address, date of birth, email address, and a password that you create.
• Contact data: we collect information from you when you contact us, including using the Live Agent function on the App. This will include information that identifies you, such as your name, address and a telephone number, along with additional information we need to help us promptly answer your question or respond to your comment. We will link any conversations you have with us to your Vuse Account. We may retain this information to assist you in the future and to improve our customer service and service offerings.
• App engagement data: we collect information on how you have engaged with the App, including what features and functionalities you have used or enabled, and the amount of time spent using those features and functionalities. If you access the App through a web application rather than a native mobile/ tablet application, we may collect this through the use of first party cookies.
• User terminal data: we collect information in connection with the terminal you use to access the App, including IP address, terminal make and model, and operating system.
• Device data: we collect information specific to your Device(s), including a unique Device identifier and data related to the battery of your Device(s).
• Usage data: if you choose to enable the Usage Tracker feature on the App, we will collect information about your use of the Device so that you can see your daily, weekly or monthly vaping activity through the App. This data will be stored by us in an anonymized and encrypted form. You can disable Usage Tracker any time from your App preferences. Please note that even if you do not enable Usage Tracker, usage data will be collected and stored on your Device, but you will not be able to access or view this data through the App.
• Event log data: event log data will also be collected and recorded by the Device, including data related to Device restart information, errors, battery changes and Bluetooth connectivity. Event log data will not be linked to you as it is anonymised by the Device and/or App before being stored.
• Other information that you provide to us: any extra information that you choose to tell us.

For more information, see Where We Store This Information below.
In addition, we collect and/or generate anonymised and aggregated information from your use of the App. We use anonymised and aggregated information in various ways, including to understand App engagement and usage. We may also share such anonymised and aggregate information with our parent company.  Anonymised or aggregated information is not personal information.

 

2.     HOW WE USE YOUR INFORMATION

The purposes for which we use your personal information are explained below.

We will use your personal information to comply with our legal obligations, including where the law requires us:

• to identify you when you contact us or to authenticate you when logging into your account;
• to verify the accuracy of data we hold about you;
• to carry out age verification checks (please see Verifying Your Age for further details).
• to comply with a request from you in connection with the exercise of your rights; and
• to enforce or protect our contractual or other legal rights or to bring or defend legal proceedings.

We may use and process your personal information where it is necessary for us to pursue the following legitimate interests (whether ours, in connection with our business, or that of a third party) for the following purposes:

Processing necessary for us to measure the quality of our App

• to carry out analytics to better understand how our users engage with the App and to improve user experience; and

Processing necessary for us to assist you with any enquiries

• to respond to communications you send to us relating to the App and Device, and resolve any issues or queries you may have, including through use of the Live Agent function;

Processing necessary for us to operate the administrative, technical and security aspects of the App

• to administer the App and for internal operations related to the App and the Device, including troubleshooting, testing, App performance, Device errors;
• for the prevention of fraud and other criminal activities;
• for efficiency, accuracy or other improvements of our databases and systems, for example, by combining systems;
• to inform you of updates to our App terms and conditions and policies;
• to correspond or communicate with you in relation to administrative, legal and business matters;
• to allow you to register for other websites and services we or our affiliates operate to make those registration processes more convenient for you (for example, your Account);
• for network and information security in order for us to take steps to protect your information against loss or damage, theft or unauthorised access;
• to enforce or protect our contractual or other legal rights or to bring or defend legal proceedings; and
• for other general administration including managing your queries, complaints, or claims, and to send service messages to you.

Where it is required to complete or, at your request, take steps to enter into, a contract:

The use of your personal information may be necessary to perform a contract that you have with us or perform steps you request to enter into a contract.

Where we have obtained your consent:

Where you have enabled certain App functionalities, we will send you personalised communications or otherwise provide you with the functionalities you have requested (such as Usage Tracker).  
We rely upon your consent to send such communications to you. You provide this consent when you enable these functionalities. You can withdraw your consent at any time by disabling any of these functionalities in the App.
Where you access the App through a web application, we also rely on consent to collect your personal information using first party cookies.

Where it is in your vital interests:

We will use your personal information to notify you of any Device safety or recall issues.

3.     VERIFYING YOUR AGE

As this App relates to vaping and vaping products, users of the App must be adults who have reached the legal age to purchase vaping products in their jurisdiction of residence (i.e. 18, 19 or 21 years of age, depending on the province/territory). Before you can access the App, create a Vuse account through the App or subscribe to Vuse news, offers and information, we must verify your age.
We use a third party consumer reporting agency to verify your age by confirming that the date of birth you provide to us matches the date of birth on your credit file (but we do not obtain any credit-related information from you). Any verification check with a consumer reporting agency will be registered as a ‘soft inquiry’ on your credit report. A soft inquiry means that the search was not made for lending purposes and it is only included on your credit report so that you know the search was made. It does not affect your credit rating or score.

4. Research Projects and Surveys

From time to time, we may offer you the opportunity to participate in surveys, research or pilot projects, which may be administered through a third-party research company. If you participate in one of these activities, the third-party may collect information about your use of the Vuse website, products and related services, as described to you when you sign-up for the survey, research or pilot project. We receive information about these surveys and research studies in an aggregated, anonymized format.  We may combine such survey data with other aggregate statistical information to help us provide tailored offers and to understand and improve the user experience across our products, services and Website.

5. Push Notifications

When you install the App, you will be able to indicate whether you would like to receive push notifications to your mobile device, including notifications about your battery level, device connections, Device updates, suggestions and features. We will collect and use information about your use of the App and Device as necessary in order to provide these notifications.  If you wish to change your preferences or stop receiving these push notifications from us, you can turn off push notifications for the App either within the Manage Notifications, or You Preferences sections of the App or in the settings of your mobile device.

6. Marketing Communications

We may send you marketing communications by email or by push notification if you sign-up to receive information about products, services and research opportunities relating to Vuse and other current and future brands distributed by Imperial Tobacco Company Ltd. that may be tailored to your preferences, purchases and app usage, including cart reminders. We may use aggregate statistical information to help us tailor our communications. You can withdraw your consent or unsubscribe at any time by following the unsubscribe instructions included in each communication or by contacting us at info.ca@vuse.com or by updating your preferences within “Notifications Preferences” on the App. Please note that you may continue to receive transactional or account-related communications from us.

7.     SHARING YOUR INFORMATION WITH THIRD PARTIES

With whom do we share your information? We may share your personal information with other organisations:

• With our parent company, any of our affiliates or other entities from the British American Tobacco (BAT) group;

• with tax, audit or other authorities;

• with our agents, mandataries, consultants, data processors and other service providers (including affiliates) if the personal information is necessary to allow these entities to provide services on our behalf. For example, we may use service providers to send email or other communications, host and develop our App, conduct research and surveys, verify your age and manage and analyse data and our advertising effectiveness. In such cases, your personal information will be used to provide the specific services we request and will be kept confidential. Our service providers are given the information they need to perform their designated functions and are not authorized to use or disclose personal information for their own marketing or other purposes. Our service providers maintain or process personal information in Canada, the US, EU and other jurisdictions. For additional information on the manner in which our service providers treat your personal information, contact us as set out below; 
• an asset in connection with a prospective or completed merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Imperial Tobacco Company Limited or as part of a corporate reorganization or stock sale or other change in corporate control; or; 
• along with our Canadian, US and other affiliates and service providers, as required or permitted by applicable law, such as in response to a search warrant or other legally valid inquiry or order (which may include lawful access by Canadian, US or other foreign governmental authorities, courts or law enforcement agencies), or to another organization in the case of a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud, or as otherwise required or permitted by applicable Canadian, US or other law. We may also disclose personal information where necessary for the establishment, exercise or defense of legal claims and to investigate or prevent actual or suspect loss or harm to persons or property.

8.     WHERE WE STORE YOUR INFORMATION

Other than the information that you provide to create an Account, your personal information will generally be stored in the environment of the Device and App and will not be accessible to us. Other data we collect or store is on an anonymised basis.
Your personal information may also be transferred outside of Canada to the third parties described in Sharing Your Information With Third Parties.  We want to make sure that your personal information is stored and transferred in a way which is secure. We will therefore only transfer data outside of Canada where it is compliant with data protection legislation and the means of transfer provides adequate safeguards in relation to your data. We and our service providers may transfer your information to, or store it in, countries located outside Canada including the European Economic Area (‘EEA’) and the United States. Where we transfer your personal information outside Canada, we will take all reasonable steps to ensure that your data is treated securely and in accordance with this Policy. For more information about how we or our service providers process your personal information, contact as us outlined below.

9.     HOW WE SAFEGUARD YOUR INFORMATION

We have put in place a series of security safeguards designed to protect your personal information against loss and theft, as well as unauthorized access, disclosure, copying, use and modification, regardless of the format in which the information is held. 
These security safeguards include physical measures, administrative measures and technological measures that are reasonable given the sensitivity of the information, the purposes for which it is to be used, the quantity and distribution of the information and the medium on which it is stored. An example of these measures is the App PIN which reinforces the encryption of your data stored on your Device.
We also take the necessary measures to ensure that all our managers and employees are informed on the contents of this Policy and requirements under applicable privacy legislation, and understand that they are required to conform to it at all times. Access to personal information is strictly limited on a need-to-know basis to the persons for whom such information is necessary for the performance of their functions and duties. Unauthorized access to or disclosure of your personal information by one of our employees is strictly prohibited and will result in appropriate disciplinary measures. 
If you have a username, password, PIN or other login details that enable you to access certain parts of the App, you must not allow any other person to use them and must treat them as confidential. If you believe or suspect that someone else knows your login details you must contact us at info.ca@vuse.com as soon as possible. Please also see our Online Conditions of Sale for more information.

10.  HOW LONG WE KEEP YOUR INFORMATION

We will keep your personal information for the time required to fulfill the identified purposes, our legitimate business purposes and to conform to legislative requirements. 

11.  YOUR RIGHTS

We recognize that it is important to keep personal information accurate, complete and up-to-date and we take reasonable steps to ensure the accuracy and completeness of the personal information we use and discloses. However, you are responsible for informing us at the contact information set out below of any significant change in your personal information which may occur during the course of our relationship. 
You have the right to request access to your personal information which is in our custody or control, subject to limited exceptions prescribed by law. You can also request that information which is inaccurate or incomplete be rectified. 
We will respond to every request for access and rectification, in accordance with applicable laws. In the event that we cannot provide access to or rectify your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions, and we will provide you with any recourse available. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to their personal information records.
You can also change your App preferences within the Preferences setting on the App.

12.  CHANGES

We may make changes to this MyVuse Privacy Policy at any time by posting a copy of the modified notice on the App. Please visit the relevant section of the App regularly. Where appropriate, we may send you an email notifying you of any changes. Any changes will take effect on the date on which we post the modified notice on the App.

13.  HOW TO CONTACT US

If you have any queries about this Privacy Policy, including your rights in relation to your personal information, please see our Contact Us page, use the Contact Us functionality in the App  or email us at info.ca@vuse.com or write to our Privacy Officer at:
Imperial Tobacco Company Limited
3711, St-Antoine West
Montréal (Québec)
H4C 3P6
data_protection_donnees@bat.com
When contacting us by email or post, please use the subject heading ‘Data protection query’ so that we can direct your query to the appropriate department and deal with it promptly.
Last updated:  April 4, 2023