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Terms & Conditions & Privacy
Terms & Conditions – Website/Desktop Application
1.Acceptance of Terms
CANADIAN ONLINE GUITAR LESSONS and its agents and affiliates (collectively, “we”, “us”, or “our”) own and operate the website: https://kerilie.com (the “Website”) and the newsletter e-blog at beehiiv.com: https://inthezen.beehiiv.com/
These terms and conditions (the “Terms”) comprise an electronic contract that establishes the legally binding terms and conditions you must accept when you access or use the Websites and any and all services (the “Services”) offered by us, including Services offered by, through, or in association with our Websites or purchase any products from us. The term “you”, “your” or “User” refers to any individual that accesses or uses the Website or purchases and uses any of our Services or products.
These Terms are designed to be read in connection with our Privacy Policy, which is available below by reading further at https://inthezen.beehiiv.com/c/terms-privacy.
By accessing or using the Website or purchasing and using any of our Services or products you accept and agree to the terms, conditions and notices contained or referenced herein and consent to have the terms, conditions and all notices provided to you in electronic form.
If you breach any provision of these Terms, your right to access and use the Website and Services shall cease immediately.
2. Our Rights to the Website and Services
We are a multimedia company that offers online guitar lessons as well as workshops, writing, publicity coaching, media connections and other services and products for recording artists.
We reserve the right to add, amend, delete, edit, remove or modify any information, content, material or data displayed on the Website without notice from time to time. We reserve the right to suspend or discontinue the Website, Services and/or products, in whole or in part, without notice. We shall not be liable to you for any modification, suspension, or discontinuation of the Website, Services and/or products.
We do not provide support or maintenance in connection with the Website, Services and/or products.
3. Electronic Communications
Visiting and using the Website or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address or other location that you provide to us.
4. Permitted use of the Website
We grant you a non-transferable, non-exclusive, revocable, limited licence to access and use the Website solely for your own personal, non-commercial use. Access to and use of the Website other than for your personal, non-commercial purposes is strictly prohibited.
You are not permitted to use the Website:
a) in any unlawful, fraudulent, or commercial manner, or any other manner prohibited by the Terms;
b) to upload, transmit, or distribute to or through the Website any computer viruses, worms, or any software intended to damage or alter a computer system or data;
c) to send through the Website unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether
commercial or otherwise;
d) to use the Website to harvest, collect, gather or assemble information or data regarding other Users, including e-mail addresses, without their consent;
e) to interfere with, disrupt, or create an undue burden on servers or networks connected to the Website, or violate the regulations, policies or procedures of such networks
f) to attempt to gain unauthorized access to the Website (or to other computer systems or networks connected to or used together with the Website), whether through password mining or any other means;
g) to harass or interfere with any other Website User’s use and enjoyment of the Website;
h) to use software or automated agents or scripts to produce multiple accounts on the Website, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Website;
i) to tamper with, modify, copy without express permission, amend, make derivative or reverse engineer any part of the Website; or
j) to licence, sell, rent or lease any part of the Website.
5. Images Policy
If any images or videos of Users are taken by us in the course of delivering any of our Services or products, Users give us permission to use their images and/or videos for commercial, promotion, display, competition or other purposes in connection with promoting our business, Services and/or products, through various advertising and marketing purposes in any manner or medium, without any compensation or liability to the User.
If Users have any images/video restrictions, Users must contact us as described in the Contact Us section below to describe their restrictions and we will comply with such all such restrictions.
6. Online Store
You may not use our products purchased from our on-line store (the “Store”) for any illegal or unauthorized purposes, nor may you, in the use of the Services, violate any laws in your jurisdiction (including, but not limited to, copyright laws).
7. Services and Products
Our Services or products may have limited quantities and are subject to return or exchange only in accordance with our Refund Policy below.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Services and products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services or products that we offer. All descriptions of Services and products and are subject to change by us at anytime, without notice and in our sole discretion.
8. Modification to the Services and Prices
Prices for our Services and products are subject to change by us at anytime, without notice and in our sole discretion. We shall not be liable to you or to any third party for any price change of our Services and/or products.
9. Accuracy of Billing and Account Information
We, in our sole discretion, reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer subscription, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our Store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For further information, please review our Returns Policy below.
10. Refund Policy for Products
Policy
Our refund policy for products purchased through our Store lasts thirty (30) days. If thirty (30) days have passed since your purchase of any products from us, unfortunately we cannot offer you a refund or exchange.
We only offer refunds or exchange products if they are defective or damaged. To be eligible for a refund or exchange, your product must be unused, in the same condition that you received, in its original packaging and you must provide us with a receipt or proof of purchase.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned product. We will also notify you of the approval or rejection of your refund or exchange. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment or your exchange will be processed and the exchanged product will be sent to the address you provided when applying for the exchange.
If you haven’t received a refund yet, please proceed as follows. First, check your bank account again. Second, contact your credit card company, as it may take some time before your refund is officially posted. Third, contact your bank. Lastly, if you have followed the first three steps and still have not received your refund, please contact us as described in the Contact Us section below.
Exemptions
The following products are exempt from being returned and for which no refunds are exchanges will be granted:
a) article downloads;
b) movie products, unless damaged;
c) music and
d) all products that were on sale.
Shipping
To return your product for refund or exchange please ensure your product or mail item is trackable or it may not be received. You should mail your product to:
CANADIAN ONLINE GUITAR LESSONS
c/o Kerilie McDowall
PO BOX 99900 JZ 445 255
RPO HAREWOOD
NANAIMO BC V9R 0E5
CANADA
If you would like an exchange please include the address you would like the exchanged product returned to.
You are responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive an exchange, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are mailing or shipping an item consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your mail or returned item unless it is trackable.
11. Cancellation, Missed Class and Refund Policy for Services
Cancellations
We require thirty (30) days’ written notice via email as described in the Contact Us section below to cancel workshops, publicity coaching sessions, music lessons or other Services offered by us (together, “Classes”). If you cancel a Class or Classes by giving us thirty (30) days’ written notice any fees paid for such Classes are fully refundable.
Missed Classes and Rescheduling
We require thirty-six (36) hours notice to reschedule any Classes, workshops and private music lessons and they can only be rescheduled if your teacher has openings (if we are not open please leave a message on the answering service or email so it can be time stamped).
If you provide 36 hours notice you will be added to your teacher’s make-up list and will receive an email with a list of open lesson times (this list will vary as you will need to take another student’s spot when they give notice that they will be away). If you choose not to make-up your lesson, you may receive a credit for the lesson, which you may use at a later date or gift to a third party. In the event that you gift your unused lesson, you must provide us with the name and contact information of the recipient. If you do not reschedule or gift your lessons within 30 days, we will cancel the lesson and the lesson will be forfeited.
In the event of an unavoidable absence by you, such as accident or illness (a doctor’s note required), a minimum of 24 hours notice must be given to the teacher, of the student’s inability to attend a lesson in order for a makeup lesson to be considered.
Any missed lesson time, if warranted, must be made up before the end of the school year (June 30). Missed lesson time can not be “banked” for credit and will not be rolled-over to the summer months.
If a lesson is cancelled by the teacher, it will be made up at a mutually convenient time for the student and the teacher. Check with your teacher regarding their studio policy about the number of makeup lessons allowed during the course of the school year.
In the event lessons are to be discontinued, 30 days notice in writing is required to be given to both the teacher and the office. Notification must be given on or before the first lesson of the month and the 30-day period will commence from the first lesson of the month. In lieu of 30 days notice, one month of fees is required. If a credit card refund is forthcoming, a processing fee of 10% of the remaining balance will be charged.
12. Third Party Websites
We may provide links through the Website to the websites of third parties. These websites are owned and operated by third parties over whom we do not have control. We have not reviewed all the sites linked through the Website and accept no responsibility for the contents or use of third-party websites. The inclusion of any link does not imply endorsement by us of the website. Use of any such linked websites is at the User's own risk. Any links to third party websites are provided for your interest and convenience only. We are not responsible or liable for any loss or damage you may suffer or incur in connection with your use of any third-party websites or for any acts, omissions, errors or defaults of any third party in connection with their websites.
13. Intellectual Property
We own and retain all proprietary rights in the Website, and in all data, content, trademarks, trade names, service marks, service ideas, concepts and other intellectual property rights related thereto. The Website contains our copyrighted material, trademarks, and other proprietary information. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Website. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices. Subject to this section, no licence is granted to you or any other party for the use of our intellectual property.
14. Disclaimers
You agree that:
a) If you use the Website, Services and/or products, you do so at your own and sole risk.
The Website and/or Services are provided on an “as is” and “as available” basis. We
expressly disclaim all warranties of any kind, whether express or implied, including,
without limitation, implied warranties of merchantability, fitness for a particular purpose,
title and non-infringement.
b) If you access or transmit any content through the use of the Website, you do so at your
own discretion and your sole risk. You are solely responsible for any loss or damage to
you in connection with such actions. We are not responsible for any incorrect or
inaccurate content in connection with the Website, whether caused by Users or by any
of the programming associated with or utilized in the Website. We are not responsible
for the conduct, whether online or offline, of any User of the Website. We assume no
responsibility for any error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized access
to, or alteration of, User communications.
We do not warrant that:
a) our Website, Services and/or products will meet your requirements;
b) access to the Website and/or Services will be uninterrupted, timely, secure, or
error-free;
c) the quality or reliability of the Website and/or Services will meet your expectations;
d) any information you provide or we collect will not be disclosed to third parties;
e) any account in connection with the Website is accurate, up to date or authentic; or
f) third parties will not use your confidential information in an unauthorized manner.
15. Privacy
We are committed to protecting your privacy. We process your information in line with our Privacy Policy. By using the Website, you agree to the way in which we process and deal with your personal information.
16. Limitation of Liability
You agree that neither we nor our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, partners, agents, other representatives, employees and customers will be liable for any damages whatsoever, including direct, indirect, incidental, punitive, special, consequential or exemplary damages, in connection with, or otherwise resulting from, any use of the Website, Services and/or products, even if we have been advised of the possibility of such damages. We shall not be liable for any damages, liability, or losses arising from, relating to, or connected with:
a) the use or inability to use the Website, Services and/or products;
b) disclosure of, unauthorized access to, or alteration of your account;
c) actions or inactions of other Users or any other third parties for any reason; or
d) any other matter arising from, relating to, or connected with the Website, Services,
products or these Terms.
You acknowledge and agree that these limitations of liability are an agreed upon allocation of risk between you and us. You acknowledge and agree that if you did not agree to these limitations of liability, you would not be permitted to access the Website and/or Services. You acknowledge and agree that such provisions are reasonable and fair.
17. Indemnity
You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, partners, agents, other representatives, employees and customers (each an “Indemnified Party” and collectively, the “Indemnified Parties”), harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, lawyers’ fees and costs, investigation costs and settlement expenses, incurred in connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of your use of the Website, Services and/or products, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by you in connection with any User of the Website, Services and/or products or any other third party, or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms.
18. Dispute Resolution
In the event a dispute arises out of or in connection with these Terms, we shall attempt to resolve the dispute through friendly consultation.
If the dispute is not resolved within a reasonable period, then any or all outstanding issues shall be referred to mediation on notice by one party to the other, with the assistance of a neutral mediator jointly selected by the parties. If the dispute cannot be settled within thirty (30) days after the mediator has been appointed, or within such other period as agreed to by us in writing, either party may commence a legal action in any British Columbia court.
19. Term & Termination
These Terms will remain in full force and effect while you use the Website, Services, products and/or have an subscription.
You acknowledge and agree that we, in our sole discretion, may terminate your access to the Website and/or Services for any reason, including, without limitation, your breach of these Terms. You understand and agree that we are not required, and may be prohibited, from disclosing to you the reason for termination of your access to the Website and/or Services. You acknowledge and agree that any termination of your access to the Website and/or Services may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your subscription and bar any further access to the Website and/or Services. Further, you acknowledge and agree that we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to the Website and/or Services. Upon termination, your information may be deleted or kept as necessary in accordance with our Privacy Policy.
20. Changes to this Policy
These Terms may be changed, removed, added to, or otherwise modified by us from time to time at our sole discretion. Any modifications we may make to our Terms in the future will be posted on the Website. All new, amended, or otherwise modified terms will become effective immediately upon posting on the Website. We shall notify you of any modifications to the Terms through notices on the Website, by email, or by both. To withdraw your consent, you must cease using the Website and Services. The date these Terms were last revised is identified on the top or bottom of this page. Please bookmark this page and check back frequently to see any updates or changes to our Terms.
Your continued use of the Website or the Services, subsequent to any modifications to these Terms, signifies that you accept the modified Terms.
21. Feedback
If you provide us with any feedback or suggestions regarding the Website, Services and/our products (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us as Feedback any information or ideas that you consider to be confidential or proprietary.
22. Contact Us
If you have any questions or concerns regarding these Terms, please e-mail us at [email protected].
If you send an email to us that requires a response and you have not received a response within a reasonable time frame, it is your responsibility to follow up to determine whether we received the email and when you can expect a response.
23. General
We will not be liable for any failure or delay in performing under these Terms where such failure or delay is due to causes beyond our reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labour strikes or difficulties, communication system breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure vehicles, supplies or materials.
These Terms shall be governed by, and construed under, the laws of the Province of British Columbia.
In the event that any portion of these Terms are held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect its original intentions and the remainder of the provisions shall remain in full force and effect.
No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right.
These Terms and our Privacy Policy constitute the entire agreement between you and us with respect to your use of the Website. These Terms and our Privacy Policy supersede and cancel all prior or contemporaneous discussions, writings, negotiations, and agreements whether electronic, oral, or written between you and us with respect to your use of the Website.
Effective as of September 14, 2022.
PRIVACY
Privacy Policy
CANADIAN ONLINE GUITAR LESSONS and its agents and affiliates (collectively, “we”, “us”, or “our”) are committed to protecting privacy. This Privacy Policy (the “Policy”) applies to the collection, use, processes, disclosure or retention of your Personal Data when you access or use our website: https://kerilie.com (the “Website”) and the website, newsletter e-blog at beehiiv.com: https://inthezen.beehiiv.com/ any and all products and services offered by us (“Services”), including Services offered by, through, or in association with the Website or purchase any products from us.
This Policy located at https://inthezen.beehiiv.com/c/terms-privacy explains how Personal Data and other information that we receive or collect about you may be used. The term “you”, “your” or “User” refers to any individual that accesses or uses the Website or purchases or uses any of our Services or products.
This Policy is designed to be read in connection with our Terms of Use, which is available at the beginning of the webpage: https://inthezen.beehiiv.com/c/terms-privacy. In this Policy, we also explain our privacy practices and how we collect information, including your rights as a User.
READ THIS POLICY CAREFULLY BEFORE MAKING USE OF ANY OF THE WEBSITE OR THE SERVICES OR PURCHASING ANY PRODUCTS. BY USING THE WEBSITE OR THE SERVICES OR PURCHASING ANY PRODUCTS, YOU AGREE AND CONSENT TO THE PRACTICES AND POLICIES DESCRIBED IN THIS POLICY, AND TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL DATA (AS DEFINED HEREINAFTER) BY US IN ACCORDANCE WITH THE TERMS OF THIS POLICY.
IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY OR DO NOT HAVE THE AUTHORITY TO AGREE TO ANYTHING IN THIS POLICY ON BEHALF OF YOUR ORGANIZATION, DO NOT ACCESS OR USE THE WEBSITE OR THE SERVICES OR PURCHASE ANY PRODUCTS FROM US.
This Policy, your access to and use of the Website and/or Services will be governed by British Columbia law.
1. Data Collected
In order to better provide you with the Website, Services and/or products, we may collect two (2) types of information about you: personal data that lets us know the specifics of who you are or as otherwise defined under applicable law (“Personal Data”), and aggregate information, which does not by itself identify you, but is a collection of information related to a collective of Users (“Aggregate Information”). Note that while you determine whether to disclose Personal Data to us, if you elect not to do so, we may not be able to provide you with the full Website User experience, Services and/or products.
2. Website Cookies
Cookies are electronic data that contain information about you. They are stored on your computer or other device(s) when you access websites and are widely used to remember you and your preferences. We may use cookies or other tracking tools to better provide you with the Services or products, in addition to any other purposes described in this Policy or any other policy we may publish on the Website from time to time.
You can change your browser’s settings to delete cookies, block your browser from accepting new cookies or notify you when you receive a cookie so that you may decline its acceptance. If you block cookies when using the Website, you may experience difficulty or be unable to use our Services or purchase our products.
3. Collection and Use of Personal Data
We only collect Personal Data to fulfill the purposes set out in this Policy. We use Personal Data you provide to us, for example, by using or viewing the Website, completing forms on our Website, buying products from our online store, creating a subscription with us or sending emails to us. We may use Personal Data to communicate with you, send you notifications, manage your subscription with us, complete transactions with you, provide you with the Services you request, offer you additional Services, improve our Services, provide you with subscriptions or promotional information, deliver advertising and content targeted to your interests relating to our Services, improve our promotional offers and advertising, improve our customer service and overall user experience on the Website, manage and improve the Website, protect the security and integrity of the Website, correct technical problems and malfunctions on the Website, conduct research in connection with the Website and Services for various purposes including advertising, analytical and testing purposes, share your Personal Data with unaffiliated companies or individuals that perform Services on our behalf, with our professional advisors in connection with our Services and business transactions and with third parties that we have your consent to share such information with, perform our obligations under this Policy, comply with legal or regulatory obligations and for other reasonable purposes as permitted by law.
We and/or associated third-party providers may collect Aggregate Information, such as the collection of your IP address to diagnose system errors or to administer our Services.
4. Limiting Collection
The Personal Data collected will be limited to those details necessary for the purposes identified by us. With your consent, we may collect Personal Data from you in person, over the telephone or by corresponding with you via mail, facsimile or the Internet. Personal Data may only be used or disclosed for the purpose for which it was collected unless you have otherwise consented, or when it is required or permitted by law.
5. Consent
Knowledge and consent are required for the collection, use or disclosure of Personal Data except where required or permitted by law. Providing us with your Personal Data is always your choice. However, your decision not to provide certain information may limit our ability to provide you with our Services or products. We will not require you to consent to the collection, use, or disclosure of information as a condition to the supply of any Services or products, except as required to be able to supply such Services or products.
6. Data of Third Parties
With respect to the Personal Data of any third parties that you may provide to us, including in connection with your use of the Website and the Services or purchase of our products, you are responsible for obtaining the third party’s consent to the collection, use and disclosure of their Personal Data in accordance with the terms of this Policy, and you hereby represent and warrant that you have such consent.
7. Disclosure of Personal Data
We may share your Personal Data with any member of our business, which includes without limitation our owners, employees, contractors, agents, partners and affiliates, as necessary to perform the purposes set out in this Policy.
We do not sell or rent Personal Data to marketers or unaffiliated third parties.
We will not use or disclose your Personal Data except in accordance with this Policy or under the following circumstances:
a) as necessary to provide Services or products to you;
b) as otherwise described in this Policy or to which you have consented;
c) as required by law;
d) to auditors which agree to keep the data confidential;
e) as necessary to enforce our Terms of Use, and other policies and regulations
in accordance with the Website, Services and/or products; and
f) as necessary to maintain, safeguard and preserve all our rights and property.
8. Storage of Personal Data
We retain Personal Data in accordance with applicable Canadian law. We will not retain Personal Data longer if such data is no longer needed for the purpose that it was collected.
We may retain Personal Data for a longer period if:
a) you provide us with such consent; or
b) we are required to do so for the performance of a legal obligation.
We will delete your Personal Data when it is no longer required for its intended purpose or when we are not legally obligated to retain such data. Your right to access, request erasure, request rectification and data portability cannot be enforced once we delete such data.
9. Security of Personal Data
We take commercially reasonable steps to ensure that your Personal Data is kept safe from loss, unauthorized access, modification or disclosure. Among the steps we take in order to protect your information are:
a) Monitored security system of our physical location;
b) restricting access to Personal Data;
c) deploying technological safeguards like security software and firewalls to prevent
hacking or unauthorized computer access; and
d) following internal password and security policies.
10. Privacy Breach Response
We will use our best efforts to ensure that unauthorized parties will not access or obtain collected Personal Data in contravention of this Privacy Policy. However, due to the potential for interception, loss, or alteration of information transmitted over the Internet, we cannot and do not guarantee complete confidentiality and security of your Personal Data. You acknowledge and agree that any information you communicate to us over the Internet is at your own risk.
The security of your Personal Data is important to us. Please advise our privacy officer via email as described in the Contact Us section below immediately of any incident involving the loss of, unauthorized access to, or disclosure of Personal Data that is in our custody or control.
Our employees will immediately report any breach of privacy, or suspected breach of privacy, to our privacy officer on discovery of same. A breach of privacy includes: unauthorized external or internal access to our physical records or electronic records; misdirected communications, including mail, fax, and electronic communications; and, the loss or theft of physical records or electronic records stored on data storage devices.
Our privacy officer will coordinate a review of the matter with our management team and investigate all reported privacy breaches or suspected privacy breaches. If we become aware of a privacy breach concerning your Personal Data, we will notify you in accordance with our obligations under the Personal Information Privacy Act, SBC 2003, c. 63 as amended from time to time, and may report the breach to the Office of the Information and Privacy Commissioner of British Columbia or to the appropriate authorities, including the police, as the case may be.
11. Accuracy
Personal Data will be maintained in as accurate, complete and up-to-date form as is necessary to fulfill the purposes for which it is to be used.
12. Your Data Protection Rights
You have the right to the following data protection rights:
a) to request access to your Personal Data;
b) to request copies of your Personal Data;
c) to request a correction to your Personal Data if you reasonably believe it is
inaccurate;
d) to request completion of the information you believe is incomplete;
e) to withdraw your consent to the collection, use, or disclosure of Personal Data at
any time, except where that withdrawal would prevent or hinder the performance
of a legal obligation by us;
f) in certain situations, to request that we delete your Personal Data;
g)in certain situations, to request that we restrict the processing of your Personal
Data;
h)in certain situations, to object to our processing of your Personal Data; and
i) in certain situations, to request that we transfer the Personal Data that we have
collected directly to you.
In order to exercise these rights, you may email us as described in the Contact Us section below. We will comply with your request to the extent possible and as required by applicable law.
13. Children and Non Canadian Users
Privacy of Children: The Website and Services are intended for people who are at least eighteen (18) years of age. We will not knowingly collect Personal Data from any child under the age of thirteen (13). If a child under the age of thirteen (13) has provided us with Personal Data, a parent or guardian of that child may contact us and request that such information be deleted from our records and that we terminate any corresponding subscription that was created. In addition, if we become aware that we have collected Personal Data from a child under the age of thirteen (13) without parental or guardian consent, we will take steps to remove that Personal Data from our servers.
California Privacy Rights: If you are a California resident, then you may request that we not share your Personal Data and Aggregate Information with third parties for direct marketing purposes. We do not sell your personal data. We will not discriminate against any User for exercising their rights under the California Consumer Privacy Act. California residents that wish to opt-out should email us as described in the Contact Us section below and provide us with thirty (30) days to process the request.
Notice to European Union Users: This Policy and its enumerated policies are intended to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “General Data Protection Regulation” or “GDPR”) and provide appropriate protection and care with respect to the treatment of your personal data in accordance with the GDPR. We will not process your User information without a lawful basis to do so, as such basis are defined in Article 6 of the GDPR. In general, we will process your information on the legal basis of consent, contract (if you have entered into an agreement with us and such processing is a necessary part thereof), or legal obligation (as noted above). We may also process certain information on the basis of the following legitimate interests, provided that such interests are not overridden by your privacy rights and interests: developing and improving the Website and/or Services and conducting research from your behaviour on the Website (e.g., analyzing traffic, and providing a stable, consistent and secure experience in connection with the Website).
Notwithstanding the foregoing, and any other provision in this Policy, while we make reasonable efforts to comply with various international regulations and legislation applicable to its Users, you acknowledge and agree that the Website, Services and products are provided by a Canadian company. If you are not a Canadian resident, while your access and use of the Website is at your own risk, we will make reasonable efforts to accommodate your privacy concerns and requests. Please contact us with questions or concerns by emailing us as described in the Contact Us section below.
14, Email Communication
Transmitting Personal Data via email poses several risks you should be aware of. We use reasonable means to protect the security and confidentiality of email information but cannot guarantee the security and confidentiality of email communications. You should not communicate with us via email without understanding and accepting these risks.
If you communicate with us by email, you acknowledge and agree that there are risks with email communication and you accept such risks which may which include, but are not limited to the following:
a) third party service providers inspecting emails that are transmitted through their system;
b) the potential falsification of emails;
c) introduction of viruses into a computer system which could potentially damage or disrupt a computer;
d) forwarding, interception, circulation, storage or modification of email(s) without your or our knowledge or consent; and
e) emailing an incorrect email address which results in it being sent to one or more unintended and unknown recipients.
Email may not be easily or completely erased or shredded (i.e., even when deleted by both sender and recipient, backup copies may exist on a computer or in cyberspace).
You acknowledge and agree that any emails concerning Services or products you request or receive will be kept by us as part of your record.
If an email you send to us requires a response and you have not received a response within a reasonable time frame, it is your responsibility to follow up to determine whether the intended recipient received the email and when you can expect a response.
We are not responsible for information lost due to technical failures associated with your email provider or the services offered by your internet service provider.
15. Marketing and Subscriptions
If you have an subscription with us or subscribe to our mailing list, we may use your Personal Data to send information to you about our Services or products that might interest you.
You may discontinue receiving any emails or newsletter communications from us by unsubscribing or opting out of any such communication.
If you no longer wish to be contacted for marketing purposes, please notify us in writing by emailing as described in the Contact Us section below.
16. Third Party Websites
The Website may contain links to other third party sites that are not governed by this Policy. Although we endeavour to only link to sites with high privacy standards, our Policy will no longer apply once you leave our Website. Additionally, we are not responsible for any of the content, user terms, or privacy policies for such applications and/or websites. Therefore, we strongly suggest that you examine the privacy policies and terms of those websites to learn how your information may be collected, used, shared and disclosed.
17. Changes to this Policy
This Policy may be changed, removed, added to or otherwise modified by us from time to time at our sole discretion. Any modifications we may make to our Policy in the future will be posted on the Website. The collection, use and disclosure of Personal Data by us will be governed by the version of this Policy in effect at that time. All new, amended, or otherwise modified terms take effect immediately. The date this Policy was last revised is identified on the top or bottom of this page. Please bookmark this page and check back frequently to see any updates or changes to our Policy.
YOUR CONTINUED USE OF THE WEBSITE OR THE SERVICES OR PURCHASE OF OUR PRODUCTS, SUBSEQUENT TO ANY MODIFICATIONS TO THIS POLICY, SIGNIFIES THAT YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL DATA IN ACCORDANCE WITH THE MODIFIED POLICY.
18. Contact Us
If you have any questions or concerns regarding this Policy or would like to get in touch with our privacy officer, please e-mail us at
Contact by Email: https://poplme.co/sx3r8jLP/dash
Email: [email protected].
Effective as of September 14, 2022.