Terms of Service
I. TERMS OF SERVICE
The following terms and conditions (the "Terms of Service") are a binding legal agreement between sweetpeadeals Inc. (the "Company," "we" or "us") and end users (each a "User," or "you"). The Terms of Service and the Company’s Privacy Policy, which is incorporated herein by reference, govern your access and use of the Company’s website, located at sweetpeadeals.ca (the "Site"), and the services offered to you through the Site or otherwise (collectively, the "Services" consisting of the facilitation of transactions between you and third party merchants, for whom the Company sells Vouchers (as defined below), and also includes your accessing and making use of the Site). Please read these Terms of Service carefully.
YOU UNDERSTAND THAT BY CLICKING "I ACCEPT" YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICES.
Inquiries about the Terms of Service should be directed to: Kathryn Lockhart, Brunswick Square, Suite 1500, 1 Germain Street, Saint John, NB, E2L 4V1, klockhart@sweetpeadeals.ca
1. Definitions
As used in these Terms of Service the following words and phrases have the following meanings:
b. "Intellectual Property Rights" means all intellectual property rights, whether existing under intellectual property, unfair competition or trade secrets laws, or under provincial, territorial or common law or equity, regardless of whether such rights arise under Canadian law or the law of any other country or jurisdiction, including but not limited to (i) copyrights, trade secrets, trade-marks, trade names, patents, inventions, designs, logos, and other proprietary rights as may exist now or hereafter come into existence; (ii) any application or right to apply for any of the rights referred to in this paragraph; (iii) any and all renewals, extensions and restorations thereof, and (iv) rights to sue for past, present or future infringement.
c. "Third Party Content" means content that is supplied and made available by third parties and Users as part of the Services, and is not owned or controlled by the Company.
d. "Third Party Sites" means third party websites which are linked from the Site and/or through the Services, and are not owned or controlled by the Company.
e. "Vouchers" means vouchers sold by Merchants through the Services, which may be exchanged for goods and/or services by such Merchants or other third parties.
2. Registration
In order to purchase Vouchers from Merchants you will have to register an account with the Company. To register you must be at least 18 years of age or have parental consent. The Services are not intended for use by children. In the event that you, as a legal guardian, wish to allow your child to purchase Vouchers, you acknowledge that it is your responsibility to determine whether such use is appropriate for your child.
When you register, you must choose a username and a password. You agree that you are responsible for safeguarding your password. Accordingly, you agree not to disclose your password to any third party and that you will be solely responsible for any activities taken under your account, whether or not you have authorized such activities. You must immediately notify the Company of any breach of security or unauthorized use of your account, at the contact information provided above.
You agree that any registration information you provide to us will always be correct, accurate, up to date and complete. The Company reserves the right to refuse registration, require you to change your username or password, or cancel a username for any reason and may do so at anytime, in its sole discretion.
3. Terms of Sale of Vouchers
The following terms and conditions (the "Terms of Sale") apply to all purchases of Vouchers from Merchants:
b. Merchants, and not the Company, are responsible for redeeming any Voucher purchased through the Services; the Company is only giving you access to the Merchants and it is the Merchants who are selling you the Vouchers;
c. The Company is not responsible for any liability, injury, or illness suffered by a User, which has been caused or contributed by a Merchant;
d. The Vouchers and the proper use of them shall be governed by the Merchants and your purchase of them through the Services provides you with a direct contract with the Merchants. The Company is not the provider of the Vouchers nor is it responsible for anything related to their redemption by you. Any issue you may have with the Vouchers will be resolved by the Merchants with whom you have the agreement.
e. Whether the Vouchers can be combined with other offers, discounts, or specials offered by the Merchant is up to the merchant. Merchants may require advance reservations, appointments, or to limit redemption frequency. Vouchers expire on the date specified therein, unless prohibited by law;
f. Where Vouchers are redeemed for less than their face value, Users will not be entitled to a credit, cash or new Voucher equal to the unredeemed amount, unless required by law. Otherwise, any credit for unredeemed amounts is at the sole discretion of the Merchant;
g. Any reproduction, re-sale or trade of Vouchers is strictly prohibited, except where permitted by applicable law;
h. Users are responsible for paying sales tax, tips, and shipping charges, as applicable;
i. Merchants are responsible for complying with all applicable consumer and tax laws; and
4. Grant of Licence
Subject to your compliance with these Terms of Service, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, non-assignable licence to access the Site, Services, and/or related technology now in existence or created in the future by the Company to allow you to access the Services, solely for your personal, non-commercial use. Any commercial use of the Services is strictly prohibited without prior written approval from the Company.
5. Third Party Content and Third Party Sites
The Services contain Third Party Content and links to Third Party Sites. You agree that the Company has no control over, and assumes no responsibility of any kind for, Third Party Content or Third Party Sites or any technical, privacy or related policies associated therewith. We encourage you to exercise caution when navigating to a Third Party Site. You expressly release the Company from any and all liability arising from your use of or access to Third Party Content or Third Party Sites.
6. Modification of Terms of Service and Upgrades
The Company reserves the right, at its sole discretion, to (i) modify, suspend, discontinue or terminate all or any part of the Services, at any time and without notice to you, and (ii) update or revise the Terms of Service and to post such updated or revised Terms of Service on the Site, within the Services and/or otherwise provide you with notice of the modification. The Terms of Service will always indicate the "Last Updated Date" at the top of this document.
In no event will changes to the Terms of Service affect Vouchers that were purchased before the date of such changes. Whenever the Terms of Service is revised or updated, you will be prompted to accept the new Terms of Service when you next log in to your account and/or before you make your next purchase. If there are any modified terms or conditions that are not acceptable to you, you must cease using the Services and cancel your registration.
The Company is not obligated to maintain or support the Site or Services, or to provide you with updates, upgrades or services related thereto. You understand and acknowledge that the Company may from time to time, and in its sole discretion, issue updates or upgrades to the Site and/or Services. You consent to receiving such automatic updates or upgrades and agree that these Terms of Service will apply to all such updates or upgrades.
7. Termination
In the event that you breach these Terms of Service, and without limiting other remedies, the Company may immediately terminate or suspend your username and password and cease to provide you with the Services. In addition, we may notify the proper authorities, and you hereby grant your consent for us to cooperate and consult with such authorities, or take any actions we deem appropriate, without notice to you, if we suspect or determine, in our sole discretion, that you have or there is a risk that you have: (i) failed to comply with any provision of these Terms of Service or any policies or rules established by the Company; or (ii) engaged in actions that may be unlawful or cause liability, harm, embarrassment, harassment, abuse or disruption to the Company, other Users, Merchants, third parties and/or the Services.
You may also terminate your username and password at any time and for any reason by selecting "Close Account" in your account preferences. Upon termination of your username and password, you will be prevented from accessing the Services.
Any suspension, termination or cancellation will not affect your obligations to the Company under these Terms of Service (including but not limited to provisions dealing with ownership, warranty disclaimers, indemnification and limitation of liability) or those provisions which by their nature are intended to survive such suspension, termination or cancellation.
8. Copyrighted Materials
YOU WILL NOT USE THE SERVICES TO POST, UPLOAD, INPUT, SUBMIT, DISTRIBUTE, ROUTE, PROVIDE CONNECTIONS TO, TRANSMIT OR STORE ANY MATERIAL THAT INFRINGES ANY COPYRIGHT OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY, MERCHANTS OR ANY THIRD PARTY.
The Company reserves the right to disable and/or terminate the usernames and passwords of Users who infringe on the Intellectual Property Rights of others. If you believe that your Intellectual Property Rights, including copyright, have been infringed please provide the Company with the following information in writing: (i) a description of the work or other intellectual property that you believe has been infringed; (ii) a description of where this work or other intellectual property is located on the Site or within the Services; (iii) your contact information, including your address, telephone number and email address; (iv) a statement by you that you have a good faith belief that the disputed use of the work or other intellectual property is not authorized by the owner, its agent or the law; (v) a statement by you that the above information is accurate and that you are the owner of the intellectual property interest or authorized to act on the owner’s behalf; and (vi) the signature of the person authorized to act on behalf of the owner of the intellectual property interest.
Please send claims of intellectual property infringement to the contact information provided above.
9. Intellectual Property Rights and Ownership
The Company and/or its licensors own all right, title and interest in and to the Site, Services and Content, including all Intellectual Property Rights associated therewith. You will not reproduce, rent, lease, loan, modify, adapt, create derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, licence or otherwise exploit the Site, Services or Content, except as expressly set out in these Terms of Service. You shall not delete, remove, obscure or in any way alter any Content accompanying or appearing on the Site or within the Services.
10. User Posts
The Company does not claim ownership rights in User posts. However, by posting, submitting, publishing, inputting, providing, distributing or otherwise transmitting any communications or content through the Services, you are deemed to be granting the Company a non-exclusive, transferable, royalty-free, sublicensable, perpetual and irrevocable worldwide right and licence to reproduce, rent, lease, loan, modify, adapt, create derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, licence and otherwise use, exploit and alienate such communications or content in any form, medium, device or technology now known or later developed, including, without limitation, on third party websites and/or other platforms where the Services may be syndicated. By way of example, and without limiting the foregoing, the Company shall have the right to insert, place or include any and all types of advertisements within or around your posts without approval by you. No compensation of any nature or kind will be paid with respect to the use by the Company of User posts. You warrant and represent that you own or otherwise control or have the necessary licences, rights, consents and permissions to grant the foregoing licences to the Company.
11. Monitoring
The Company reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse, remove and/or permanently delete any User posts without notice. The Company does not control the User communications or content that are posted, uploaded, submitted, published, inputted, provided, distributed or otherwise transmitted using the Services and does not have any obligation to monitor such activities for any purpose and, as a result, is not responsible for the accuracy, correctness, completeness, appropriateness, or legality of such communications or content. The Company does not endorse any Users posts or any opinion, recommendation, or advice expressed therein, and you agree to waive any legal or equitable right or remedy you have or may have against the Company with respect thereto. You agree that your use of the Services is at your own risk, and the Company will have no responsibility or liability to you or any third party of any nature or kind as a result of your use of the Services.
12. Support Services
You may contact the Company with respect to all issues and/or bugs related to the Services at the contact information provided above or you may refer to the Company’s Help support@sweetpeadeals.ca. The Company will use reasonable efforts to correct the issues and/or bugs.
13. Feedback and Independent Development
Your feedback is welcome and encouraged. You may submit feedback by contacting us at the contact information provided above or via the applicable links located on the Site or otherwise made available through the Services. You acknowledge and agree that if you elect to provide suggestions, ideas, proposals, concepts or other feedback to us (whether written, verbal or in any other format or manner; collectively referred to herein as "Feedback"), the Company has no obligation (whether of confidentiality, compensation or otherwise) with respect to such Feedback and we will be free to use and exploit the Feedback in any manner without restriction of any kind. You acknowledge and agree that all Feedback will be the sole and exclusive property of the Company. You hereby irrevocably transfer and assign to the Company all of your right, title, and interest in and to all Feedback.
You acknowledge and agree that the Company is engaged in creating and developing its own products, services, programs, plans, projects and applications and it is possible that we are already independently developing products, services, programs, plans, projects and applications that are similar to and/or competitive with your Feedback (including the concepts contemplated by or embodied therein). Nothing in these Terms of Service will be construed as a representation or agreement that we will not develop (or have developed on our behalf), distribute, market or promote products, services, programs, plans, projects or applications that are similar to and/or compete with the products, services, programs, plans, projects, or applications contemplated or embodied in any Feedback or compensate you or provide you with any input or response with regard to your Feedback.
14. Restrictions and Prohibitions
You will use the Services only for the purposes that are permitted by these Terms of Service. Except as expressly permitted herein, you may not (i) copy, reproduce, duplicate, modify or create any derivative works of the Services, including, but not limited to translations, localizations, adding new features or otherwise making adaptations or modifications that alter the functioning of the Services; (ii) transfer, sell, resell, rent, lease, trade, distribute, redistribute, encumber, sublicence or otherwise assign or transfer any rights to, or any portion of, the Services to any third party; (iii) make the Services and/or their functionality available to multiple Users through any means, or (iv) use Services in a manner inconsistent with this Section 10.
You agree to abide by all applicable local, provincial, federal and foreign laws, treaties and regulations in connection with your use of the Services. In addition, and without limitation, you agree that you will not do any of the following improper actions while using or accessing the Services:
ii. Post, upload, input, provide, submit, distribute or otherwise transmit (i) any communication or content to which you do not have the right to copy, transmit and display (including any transmission that would violate any confidentiality or fiduciary obligations you might have with respect to such communication or content); or (ii) any communication or content that breaches the Company Privacy Policy;
iii. Use or embed any meta-tags or other hidden text or meta-data utilizing the Company name, trademark or URL;
iv. Post, upload, input, provide, submit, distribute or otherwise transmit via the Services any communications or content that are unlawful, vulgar, obscene, offensive, harmful, threatening, harassing, defamatory, hateful or contain objects or symbols of hate, constitute hate speech, that are invasive of the privacy of any third party, contain nudity (or otherwise constitutes pornography or erotica), are deceptive, abusive, inciting of unlawful action, discriminatory, libelous, violent, or are otherwise inappropriate as determined by the Company in its sole discretion;
v. Post, upload, input, provide, submit, distribute or otherwise transmit any communications or content that contain software viruses or any other computer code, files, worms, logic bombs or programs that (i) disrupt, disable, damage, destroy, limit or otherwise interfere with the functionality of any computer software; or (ii) interfere with the access of any User, Merchant, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site and/or Services;
vi. Attempt to or actually disrupt, disable, damage, destroy, limit or otherwise interfere with any web pages available through the Services, servers or networks connected to the Services or the delivery systems of the Company’s providers or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
vii. Encourage or instruct any other individual to do any of the foregoing or to breach any of these Terms of Service. The Company reserves the right (but has no obligation) to review User posts and to remove any User posts which violate the foregoing prohibitions. The Company further reserves the right to disclose any information to satisfy any law, regulation, legal process or governmental request, or to edit, refuse to display or remove any User posts, in whole or in part, in the Company’s sole discretion.
15. Disclaimer
Your use of the Services is at your sole discretion and risk. The Services and all Content, materials, information, products and services included therein or accessed therefrom, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any nature or kind. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, MERCHANTABILITY, USAGE, CUSTOM, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY DOES NOT GUARANTEE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL PERFORM ERROR-FREE OR UNINTERRUPTED.
THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY CONDUCT, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND PROVIDERS OF THIRD PARTY CONTENT.
16. Limitation of Liability
IN NO EVENT WILL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY CLAIMS, LOSSES, OR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFITS, REVENUE, DATA OR DATA USE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION: (I) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE OR KIND WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE AND/OR SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; WHETHER OR NOT THE DAMAGES ARE FORESEEABLE, AND WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WHATSOEVER, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND IN NO EVENT WILL THE COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED $100.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR THE CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
17. Indemnification
You agree to defend, indemnify and hold harmless the Company and its employees, contractors, agents, officers and directors from any and all liabilities, claims, proceedings, damages, losses and expenses, including attorney’s fees, arising from or relating to (i) your use or misuse of the Services, (ii) your non-compliance with the Terms of Service and (iii) your violation of any third party rights, including but not limited to claims for infringement of Intellectual Property Rights. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defenses.
18. General
This agreement is governed by the laws of the Province of New Brunswick, Canada, without regard to conflict of laws rules (whether by statute or at common law), and you agree to submit to the exclusive jurisdiction of the courts located in the Province of New Brunswick, Canada. You may not assign these Terms of Service or assign or delegate any rights or obligations hereunder, in whole or in part, without the prior written consent of the Company. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. A waiver by the Company of any provision of these Terms of Service, or any breach thereof, in any one instance, shall not waive such provision or any subsequent breach thereof. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and the Company with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Services. You agree to execute and deliver any such documentation and/or consents, perform further acts and provide all assistance and information reasonably requested by the Company to give effect to these Terms of Service. Any notice or other communication to be given hereunder will be in writing and given (a) by the Company, via email (in each case to the address that you provide) or by posting on the Site or otherwise within the Services and (b) by you, to the address listed above or to such other addresses as the Company may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Where the Terms of Service have been provided in a language other than English, you agree that the translation is provided for your convenience and that the English version of these Terms of Service shall govern to the extent of any conflict which may exist.
PRIVACY POLICY
sweetpeadeals Inc. ("Company," "we" or "us") is committed to protecting the privacy, confidentiality and security of your personal information. This privacy policy is intended to inform you about our practices relating to the collection, use and disclosure of your personal information through your use of our website, located at www.sweetpeadeals.ca ("Site") to access or attempt to access our service of facilitating transactions between you the third party merchants ("Merchants") for whom the Company sells vouchers (the "Services"). We are committed to ensuring that we are in compliance with the applicable privacy legislation, namely Canada’s Personal Information Protection and Electronic Documents Act ("PIPEDA"), and that your rights are protected. The Office of the Privacy Commissioner of Canada (the "OPCC") is responsible for administering PIPEDA and ensuring compliance. The OPCC can be contacted through its website at http://www.priv.gc.ca/index_e.cfm.
This privacy policy only applies to personal information related to you obtaining Services. By using the Services, you agree with the terms of this privacy policy and are consenting to the collection, use, and disclosure of information in accordance with this privacy policy.
ACCOUNTABILITY
Company is accountable for all personal information that it collects, is under its control or in its possession. In this privacy policy, "personal information" refers to any information about identifiable individuals or their authorized representatives, but excludes business contact information (such as business name, title, address and phone number).
Any questions or concerns regarding Company’s handling of personal information should be addressed to our Privacy Officer:
Kathryn Lockhart, Brunswick Square, Suite 1500, 1 Germain Street, Saint John, NB, E2L 4V1, klockhart@sweetpeadeals.ca
Company will investigate all complaints and take appropriate measures including, if necessary, amending our policies and practices.
USE AND COLLECTION OF PERSONAL INFORMATION
Company will not use your personal information for any purpose which is not identified at or before the time of collection. Company will obtain express consent before using your personal information, unless the purpose(s) of collection is apparent and consent can be implied. You are not required to consent to the collection, use, or disclosure of information beyond what is required to fulfil the specific and legitimate purpose(s) of the Company under this policy.
If Company uses personal information in a manner different than the purpose for which it was collected, we will ask for your consent prior to such use. You may withdraw your consent at any time on reasonable notice (subject to legal/contractual limitations), but if you do so Company may no longer be able to provide you with its Services.
Note that in some limited circumstances personal information can be collected, used, or disclosed without the knowledge and consent of the individual, such as for legal, medical, or security reasons. For example, seeking consent may be impossible or inappropriate when the individual is a minor, seriously ill, or mentally incapacitated.
In most cases, personal information is only used to provide you with the products/services you have requested through using the Services. However, Company may also use personal information to maintain, protect, and improve our Services; develop new products/services; and protect the rights or property of Company or its users.
In particular, Company may collect the following types of information:
Information you provide – When you register for an account you provide Company with your name and email address, and select a username and password. This information is used for internal account management purposes. You will also provide the Company with financial information to pay for the Services. ALL FINANCIAL INFORMATION AND ASSOCIATED PERSONAL INFORMATION PROVIDED IN RELATION TO THE SERVICES IS USED BY THE COMPANY AND THIRD PARTY PAYMENT PROCESSORS LOCATED IN THE UNITED STATES WHO PROCESS YOUR PAYMENT FOR SERVICES AND DELIVERS THE PAYMENT TO THE MERCHANT.
User communications – When you send email or other correspondence to Company, we may retain those communications in order to process your inquiries, respond to your requests and improve our Services.
Cookies – Company’s Services may use "cookies." Cookies are small text files that may be placed on your computer and/or mobile phone to assist us in understanding how you use our Services. This information would allow us to improve the operation and performance of our Services and make them easier and more convenient to use. For example, cookies would allow us to save passwords and preferences so that users will not have to re-enter them each time they access the Services.
Log information –Company’s servers record some information automatically and store it in log files. This information may include Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), date/time stamp and clickstream data. We use this information for internal purposes to understand and analyze trends, administer our Services, learn about user behavior and gather demographic information about our user base as a whole.
INTEGRITY AND RETENTION OF PERSONAL INFORMATION
You have the right to access your personal information held by Company (subject to limited lawful exceptions) and to request that such information be corrected if it is inaccurate or incomplete.
On written request, you may view and edit your personal information as collected by Company or request that Company delete such data. To make a request, please send a letter, email or fax addressed to our Privacy Officer at the contact information indicated above. In your request, please include your name, contact details, and the nature of the request. After receiving your request we may ask that you provide additional information in order to assist in finding your personal information or to verify your identity.
In limited circumstances Company may not be able to satisfy a request (for example, where this would jeopardize the privacy of others). If Company is not able to process a request we will tell you why in writing.
Company retains personal information only as long as is necessary to provide the individual with the requested service or information, unless a longer retention period is required by law.
LIMITS ON DISCLOSING PERSONAL INFORMATION
Company will only share personal information with a third party in the following limited circumstances
Where we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms of Service, as applicable, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) provide or make available the Services, or (e) protect against harm to the rights, property or safety of Company, its users or the public as required or permitted by law.
In the event of a reorganization, merger, or sale Company may transfer any and all personal information we collect to the relevant third party. Company will ensure the confidentiality of all information addressed in this privacy policy before such a transaction takes place.
Company may, from time to time, use service providers to perform services on its behalf. Company takes all reasonable efforts to protect your personal information and ensure that all service providers provide a comparable level of protection with respect to your personal information, properly safeguard personal information and only use the personal information to provide the contracted services. Our service providers are restricted from using or disclosing personal information transferred to them for any purpose other than the provision of services to Company. Company remains responsible for the collection, use and security of your personal information in these circumstances. AGAIN ALL FINANCIAL INFORMATION AND ASSOCIATED PERSONAL INFORMATION PROVIDED IN RELATION TO THE SERVICES IS USED BY THE COMPANY AND THIRD PARTY PAYMENT PROCESSORS LOCATED IN THE UNITED STATES WHO PROCESS YOUR PAYMENT FOR SERVICES AND DELIVERS THE PAYMENT TO THE MERCHANT.
THIRD PARTY SITES AND SERVICES
While Company strives to link only to sites and services with high standards and respect for privacy, users should understand that Company is not responsible for the content of, or the privacy practices employed by, other companies or websites. This privacy policy only applies to Company’s collection, use and disclosure of personal information related to the use of our Services. Please refer to the applicable privacy policies of these other sites or services to understand how they collect, use or disclose personal information.
INFORMATION SECURITY/SAFEGUARDS
Company implements industry-standard safeguards to ensure that personal information is secure. However, given the inherent risks of communicating over the Internet, any electronic communications made using our Services may be intercepted. Therefore, Company cannot warrant the security of any information transmitted electronically.
Internally, Company restricts access to personal information to employees, contractors, agents and third-party service providers who need access to this information in order to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline if they fail to meet these obligations.
When you register for an account and/or make a purchase, your registration information and other data will be transmitted to Canada and/or other countries for processing and storage. By accessing or using our Services, you hereby consent to such processing and storage. Where information is processed and stored in other countries it may be subject to the legal jurisdiction of these countries and may be accessible to law enforcement and/or national security authorities of those jurisdictions. However, Company remains responsible for all information transferred to any jurisdiction, and will take its best efforts to ensure that the use and protection of such information complies with this policy and PIPEDA.
CHANGES TO PRIVACY POLICY
Company may update this privacy policy from time to time. When this occurs we will update the effective date at the top of the policy. If we make any significant changes, we will provide a more prominent notice on our Site and Application. Your continued use of our Services after we post an updated privacy policy will constitute your acceptance of the new terms and their application to our Services.
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