Web site use agreement for NESTINGEFFECT.COM website.
This agreement governs your use of the “Website” www.nestingeffect.com and the content, information and services provided through the “Website” (collectively, the “Website”). It exempts and other persons from liability or limits their liability and contains other important provisions that you should read.
Each time you use the “Website”, this agreement as it then reads will govern your use accordingly, when you use the “Website” you should check the date of this agreement and review any changes since the last version.
This Agreement contains the following provisions:
1.ACCEPTANCE OF AGREEMENT
2. SCOPE OF AGREEMENT
3. CHANGES TO AGREEMENT
4. PERMISSION TO USE THE “WEBSITE”
5. “WEBSITE” COMMUNICATIONS AND ORDERS
7. NO ADVICE
8. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY
9. OWNERSHIP AND PERMITTED USES OF THE “WEBSITE”
10. TRADEMARK INFORMATION
11. PERSONAL INFORMATION PRIVACY
12. OTHER SITES
13. LINKING, FRAMING, MIRRORING, SCRAPING AND DATA-MINING THE “WEBSITE”
14. TERMINATION OF THIS AGREEMENT AND THE “WEBSITE”
15. GOVERNING LAW AND DISPUTE RESOLUTION
16. OTHER MATTERS
- Principle 1 – Accountability
- Principle 2 – Identifying Purposes
- Principle 3 – Consent, Information Collected, & Usage
- Principle 4 – Limiting Use, Disclosure & Retention
- Principle 5 – Accuracy
- Principle 6 – Security & Safeguards
- Principle 7 – Openness
- Principle 8 – Individual Access
- Principle 9 – Challenging Compliance
YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity) and Nesting Effect and governs your use of the “website”. This Agreement also provides benefits to Nesting Effect’s affiliates, service providers, suppliers, and sub-contractors, including various Nesting Effect businesses around the world (collectively “Affiliates”, “Providers”, “sub-contractors”, “suppliers”, “partners”, “vendors”, “Third Party Services”, “Third Party Providers”, collectively “Third Parties”).Each time you use the “Website” you signify your acceptance and agreement, and the acceptance and agreement of all persons you represent, without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and all persons you represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, you may not use the “Website”.
SCOPE OF AGREEMENT
This Agreement is in addition to and supplements any written agreements that you or any persons you represent have with Nesting Effect or Partners, Vendors, Affiliates and Providers (now or in the future) concerning your dealings with Nesting Effect or Partners, Vendors, Affiliates and Providers generally. This Agreement is the entire agreement regarding your access to and use of the “Website”, and supersedes all previous agreements (written, oral or otherwise) regarding your access to and use of the “Website”. In the event of any inconsistency or conflict between the provisions of this Agreement and the provisions of any other agreement that you or any persons you represent have with Nesting Effect or Partners, Vendors, Affiliates and Providers (now or in the future), the provisions of this Agreement shall govern regarding your access to and use of the “Website” except where this Agreement is specifically referenced and it is agreed in writing that such other agreement shall supersede this Agreement in particular.
CHANGES TO THIS AGREEMENTNesting Effect may, in its discretion, change, supplement or amend this Agreement as it relates to your future use of the “Website” from time to time, for any reason, and without any prior notice or liability to you or any other person. You may not change, supplement, or amend this Agreement in any manner.
PERMISSION TO USE THE WEB SITE
The “Website” may be accessed and used only by individuals who have: (a) reached the age of majority in their jurisdiction of residence and can form legally binding contracts under applicable law; and (b) accepted this Agreement. Persons using the “Website” must comply with all applicable laws. Nesting Effect may in its discretion refuse permission to access and use the “Website”.
WEB SITE COMMUNICATIONS AND ORDERS
By activating certain links, including order-related links, you may be automatically connected with website’s operated by Affiliates and Providers. If you use the “Website” to initiate communication regarding your staffing needs, the information you submit may be disclosed to, and processed and responded by Partners, Vendors, Affiliates or Providers. Please also see Section 12, Other Sites, below.
All communications you submit through the “Website” or email must be true, accurate and complete. Nesting Effect or Partners, Vendors, Affiliates and Providers will rely upon the truth, accuracy and completeness of the communications you submit through the “Website”. If you submit any incorrect or incomplete communications, or if any communications are damaged or distorted during transmission to Nesting Effect, you and all persons you represent will be liable for any loss, damage or additional costs that you, Nesting Effect, Partners, Vendors, Affiliates and Providers or other persons may incur as a result.
You authorize Nesting Effect and Partners, Vendors, Affiliates and Providers to: (a) accept communications that they receive from you by means of the “Website” or email as if those communications had been given directly by you in writing and signed by you; (b) disclose your communications to any Partners, Vendors, Affiliates and Providers, and Nesting Effect workers by means of the “Website”, email or other communications; and (c) respond to your communications by means of Internet communications, email or other communications. Communications you send to Nesting Effect by means of the “Website” or email are not approved, valid or effective unless and until they are processed by the responsible Nesting Effect representative.
Nesting Effect may refuse to process any communications sent to Nesting Effect by means of the “Website” or email, or may reverse the processing of any communications sent to Nesting Effect by means of the “Website” or email, at any time in Nesting Effect’s discretion, and without any notice or liability to you or any other person, including, without limitation, if: (a) Nesting Effect cannot process the communications; (b) the communications violate any provision in this Agreement or any other agreement that you or any other person may have with Nesting Effect; (c) Nesting Effect considers that the communications conflict with any other instructions or agreements with you or any person you represent; or (d) there is an operational failure or malfunction in connection with the transmission of the communications.
Nesting Effect publishes a “Newsletter” (Collectively “Newsletters”) that provides worthwhile information about Nesting Effect, related insights and information about our programs and services, articles related to staging, organization, decorating, design or real estate. Newsletters and their content are provided for information purposes only, and are not comprehensive or advisory in nature. While we use reasonable endeavours to ensure that the information included in newsletters is accurate and up-to-date, we do not guarantee the accuracy, currency or completeness of the information. Newsletter content is not, and should not be regarded as legal advice.
Nesting Effect endeavors to provide accurate information through the “Website”. Nevertheless, errors may occur and Nesting Effect is not responsible for any incorrect or inaccurate information posted on the “Website”. Accordingly, Nesting Effect reserves the right to change other information available through the “Website” at any time and from time to time, without any notice or liability to you or any other person.
The “Website” is not intended to be a comprehensive or detailed statement concerning the matters addressed; investment, tax, real estate purchase, sale or lease, choice of realtor, choice of mortgage provider, legal, or other professional or expert advice or recommendations; or an offer or recommendation to sell or buy any form of real estate, or any product or service. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the “Website”.
DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY
Nesting Effect and Partners, Vendors, Affiliates and Providers do not accept any liability for your use of the “Website”. For that reason, the following provisions apply to your use of the “Website”.
Your use of the “Website” is at your own risk. The “Website” is provided on an “as is” and “as available” basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy or completeness, all of which are hereby disclaimed by Nesting Effect and Partners, Vendors, Affiliates and Providers to the fullest extent permitted by law. There will not be any representations, warranties or conditions created by a course of dealing, course of performance or trade usage. You are solely responsible for obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for you to use the “Website”.
The Internet is not a secure medium, may be subject to interruption and disruption, and inadvertent or deliberate breaches of security and privacy. The operation of the “Website” may be affected by numerous factors beyond Nesting Effect’s control. The operation of the “Website” may not be continuous or uninterrupted, secure or private.
Nesting Effect and the Affiliates and providers will not be liable to you or any other person for any loss or damages suffered by you or any other person as a result of any failure or refusal by Nesting Effect to give effect to, or for any failure or delay by Nesting Effect in receiving, accessing, processing or accepting, any communication sent to Nesting Effect by means of the “Website” or email, or for any loss or damages suffered as a result of the operational failure, malfunction, interruption, change, amendment or withdrawal of the “Website” or email services.
Without limiting the generality of the foregoing, Nesting Effect and Partners, Vendors, Affiliates and Providers make no representation, warranty or condition that: (a) the “Website” will be compatible with your computer and related equipment and software; (b) the “Website” will be available or will function without interruption or will be free of errors or that any errors will be corrected; (c) the “Website” will meet your requirements; (d) the information contained in the “Website” or derived from the “Website” will be accurate, complete, sequential, or timely; (e) certain or any results may be obtained through the use of the “Website”; (f) the use of the “Website”, including the browsing and downloading of any information, will be free of viruses, trojan horses, worms or other destructive or disruptive components; or (g) the use of the “Website” will not infringe the rights (including intellectual property rights) of any person; and Nesting Effect and the Partners, Vendors, Affiliates and Providers disclaim any and all liability regarding such matters to the fullest extent permitted by law.
To the maximum extent permitted by law, Nesting Effect and the Partners, Vendors, Affiliates and Providers will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, cost of procurement of substitute services, special, incidental, indirect or consequential loss or damage or exemplary or punitive damages, whether in contract, tort, negligence, strict liability, or under any other theory of law or equity, arising from, connected with, or relating to the use of the “Website” by you or any other person, and regardless of any negligence or other fault or wrongdoing by Nesting Effect or any Partners, Vendors, Affiliates and Providers or any person for whom Nesting Effect or Partners, Vendors, Affiliates and Providers may be responsible, and notwithstanding that Nesting Effect or any Affiliate or provider may have been advised of the possibility of such loss or damages being incurred by you or any other person.
The exclusion of certain warranties and the exclusion of certain liabilities are prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
Without limiting the foregoing, in no event will Nesting Effect or any of the Affiliates and providers’ total liability to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort, negligence, strict liability, or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by Nesting Effect or any Partners, Vendors, Affiliates and Providers or any person for whom Nesting Effect or any Partners, Vendors, Affiliates and Providers is responsible, exceed $100 (CDN) or the amount you paid to Nesting Effect for the use of the “Website”, whichever is less.
The limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
You hereby release, remise and forever discharge each of Nesting Effect and the affiliates and providers and all of their respective franchisees, partners, agents, directors, officers, shareholders, employees, information providers, service providers, suppliers, subcontractors, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the “Website”.
You agree to indemnify, defend and hold harmless each of Nesting Effect and the Partners, Vendors, Affiliates and Providers and all of their respective franchisees, partners, agents, directors, officers, shareholders, employees, information providers, service providers, suppliers, subcontractors, licensors and licensees, and all other related, associated, or connected persons (collectively, the “indemnified parties”) harmless from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the indemnified parties in connection with any claim or demand arising out of, related to, or connected with your use of the “Website” or your breach of this agreement. You will assist and cooperate as fully as reasonably required by the indemnified parties in the defense of any claim or demand. Advice and information provided by Nesting Effect or the Partners, Vendors, Affiliates and Providers or their respective representatives, whether oral or written, will not create any representation, warranty or condition or vary or amend this agreement, including the above disclaimer, liability exclusion, liability limitation, release and indemnity provisions, and you may not rely upon any such advice or information.
Fair Allocation of Risk and Liability
You acknowledge and agree this agreement represents a fair allocation.
OWNERSHIP AND PERMITTED USES OF THE WEB SITE
Copyright © Nesting Effect 2019. All Rights Reserved. The “Website” and all information (in text, graphical, video and audio forms), images, icons, software, designs, applications, calculators, models, data, and other elements available on or through the “Website” are the property of Nesting Effect, Partners, Vendors, Affiliates and Providers and others are protected by Canadian and international copyright, trademark, and other laws. Your use of the “Website” does not transfer to you any ownership or other rights in the “Website” or its content.
The “Website” may only be used in the manner described expressly in this Agreement. In particular, except as expressly stated otherwise in this Agreement, the “Website” may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, cataloged, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Nesting Effect
The “Website” may be used only for lawful purposes. The “Website” may be accessed and used only using commercially available, SSL-capable Web browser software.
NESTING EFFECT, NESTINGEFFECT.COM, NESTINGEFFECT.CA, the Nesting Effect Logo, and other marks and logos appearing on the “Website” are registered and unregistered trademarks, trade names and service marks owned or licensed by Nesting Effect. Other product and organization names and logos appearing on the “Website” may be registered or unregistered trade names, trademarks and service marks of their respective owners.
Any use by you of the trade names, trademarks, service marks and logos (collectively “Marks”) displayed on the “Website” is strictly prohibited. Nothing appearing on the “Website” or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the “Website”.
PERSONAL INFORMATION PRIVACY
LINKING, FRAMING, MIRRORING, SCRAPING AND DATA-MINING THE WEB SITE
Links to the “Website” without the express written permission of Nesting Effect are strictly prohibited. The framing, mirroring, scraping or data mining of the “Website” or any of its content in any form and by any method are strictly prohibited.
TERMINATION OF THIS AGREEMENT AND THE WEB SITE
If you breach any provision of this Agreement, you may no longer use the “Website”.
GOVERNING LAW AND DISPUTE RESOLUTION
The “Website” is controlled by Nesting Effect from Ontario, Canada. This Agreement, your use of the “Website”, and all related matters are governed solely by the laws of the Province of Ontario, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws.
Any claim or cause of action you may have arising from, connected with, or relating to your use of the “Website”, this Agreement, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Notwithstanding anything herein to the contrary, the following provisions of this Agreement, and all other provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of this Agreement and remain in full force and effect and be binding upon the parties as applicable: 8 (Disclaimer, Liability Exclusion, Liability Limitation, Release, and Indemnity); 9 (Ownership and Permitted Uses of the “website”); 11 (Personal Information Privacy); 12 (Other Sites); 14 (Termination of this Agreement and the “Website”); 15 (Governing Law and Dispute Resolution); and 16 (Other Matters). The provisions of this Agreement will inure to the benefit of and be binding upon each of Nesting Effect and Affiliates and Providers and each of their respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns and related persons. You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without the express prior written consent of Nesting Effect, which may be withheld in Nesting Effect’s discretion. Nesting Effect may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by all parties.
You and any persons you represent (on the one hand) and Nesting Effect and Partners, Vendors, Affiliates and Providers (on the other hand) are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the “Website”.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.
Any rights not expressly granted by this Agreement are reserved to Nesting Effect.
This Agreement is subject to change without notice.
Principle 1 – Accountability
Principle 2 – Identifying Purposes
- Nesting Effect collects personal information in order to deliver requested services, improve user experience on the “Website”, gather data to inform marketing and sales initiatives, and to better service users in responding to their customer service requests.
We identify the purpose for which user information is collected at the time the information is actually being collected.
Principle 3 – Consent, Information Collected, & Usage
Nesting Effect obtains your consent to collect and use personal information. The method of obtaining consent is appropriate to the type of information being collected or used. Personal information does not include what is generally referred to as “business card” or “phone book” information such as an individual’s name, title, business address, or telephone number. We collect information from you when you:
- Subscribe to a newsletter (Collectively “Newsletters”) through the “Website”
- Complete and submit forms or enter information on the “Website”
- Participate in marketing promotions
- Share content on social media via embedded “Website” sharing buttons
The following are examples of personal information we might collect, once your consent has been provided:
- Name, email address
- Photos of a home/residence interior and exterior
- Home/residence address and telephone numbers
- Personnel information (e.g., employment history, references to criminal records, comments, disciplinary actions, compensation, Resume/CV)
- Testing results (e.g. skill, vocational, aptitude testing)
- Our consulting/interview notes
Additionally, we may collect demographic information, and may use this information along with your personal contact information in order to gain a better understanding of your preferences and interests so that we may improve our solutions and develop new programs and services.
Nesting Effect may receive and store certain types of internet usage information whenever you visit the “Website”, such as your clickstream data and your IP address.
1) IP Address (Internet Protocol) – Your IP Address or Internet Protocol Address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP Address may be identified and logged automatically in our server log files whenever a user accesses the “Website”, along with the time of the visit and the page(s) that were visited. We use IP addresses to gather demographic and statistical information about our users, for systems administration purposes, to diagnose problems with our servers, and to administer our “Website”.
2) Clickstream Data – Clickstream analysis (sometimes called clickstream analytics) is the process of collecting, analyzing, and reporting aggregate data about which pages users visit (and in what order); the succession of mouse clicks each user makes. Clickstream data can identify the type of computer and browsing software you use and the web address from which you linked to the Nesting Effect “Website”.
When you visit our “Website”, we may collect clickstream data which may include server address, domain name, and other elements of this nature. This information can be combined with information you have provided to us, which will enable us to analyze and better customize your visits. We may use clickstream data as a form of non-personal information to anonymously determine how users arrive at the “Website”, what type of content is most popular, and what type of users are interested in particular kinds of content, based on which, we may tailor our web pages to better meet the needs of users; optimizing user experience.
How do we use your information?
We may use the information we collect in the following ways:
- To personalize user experience, allowing us to deliver the types of content and product offerings you are most interested in
- To improve our “Website” in order to better serve you
- To allow us to better serve you in responding to customer service requests
- To send periodic emails regarding your order or other products and services
- Understand and save usage data and user preferences for future visits
- Keep track of advertisements
- Compile aggregate data about site traffic and site interactions in order to offer a better site experience and tools. We may also use trusted “Third Party Services” that track this information on our behalf
Users can choose to have their computer warn them each time a cookie is being sent, or they can choose to turn off all cookies. Users can change their cookie preferences via their browser settings tab. Users can do this through their browser (e.g. Internet Explorer, Google Chrome etc.) settings. Each browser is different; please refer to your browser’s help menu to learn the correct way to modify your cookie preferences.
If users disable cookies, some features on the “Website” may be disabled (some of our services might not function properly).
Some applications integrated with our “Website” may access data connected with your social networks or external platforms where user permission is granted. These instances include but are not limited to:
- Google +1 button and social widgets (“Google Inc.”) http://www.google.com/intl/en/policies/privacy/
- Twitter share button and social widgets (“Twitter Inc.”) https://twitter.com/privacy?lang=en
- LinkedIn share button and social widgets (“LinkedIn Inc.”) https://www.linkedin.com/legal/privacy-policy
- Facebook share button and social widgets (“Facebook Inc.”) https://www.facebook.com/policy.php
- Instagram share button and social widgets (“Facebook Inc.”) https://help.instagram.com/519522125107875
- Reddit share button and social widgets (“Reddit Inc.”) https://www.reddit.com/help/privacypolicy
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. For more information on Google’s Advertising Principles, please see the following link:
We have implemented the following on our “Website”:
- Remarketing with Google AdSense
- Google Display Network Impression Reporting
- Demographics and Interests Reporting
We, along with “Third Party” vendors, such as Google, use first party cookies (such as the Google Analytics cookies) and third party cookies (such as the DoubleClick cookie) or other third party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our “Website”. To learn more about Google cookies of this nature, please see their data policy: https://www.google.com/policies/technologies/types/
For more information on the Google DoubleClick cookie and the difference between first and third party cookies, please see Google’s support resource: https://support.google.com/adsense/answer/2839090?hl=en#third-party-and-first-party-cookies
5) Opting Out
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics ‘Opt Out’ Browser add-on. For more information or to explore Google’s ‘Opt Out’ options, please see the following link:https://tools.google.com/dlpage/gaoptout?hl=en
6) Mailing List or Newsletter
By registering for our mailing list or for one of our “Newsletters”, your email address will be added to the contact list of those who may receive email messages containing information of commercial or promotional nature concerning Nesting Effect Your email address might also be added to this list as a result of signing up on the “Website”, after making a purchase, or where implied consent is present as defined by the Canadian Anti Spam Legislation (CASL), see below for more details.
Personal Data collected could include but is not necessarily limited to:
- Address, City, Company name, Cookies, Country, Date of Birth, Email address, First Name, Gender, Last Name, Phone number, Profession, Province, State, Usage data, and ZIP/Postal code.
reCAPTCHA (“Automattic Inc.”) is used on our “Website” for data filtering and traffic analysis to recognize ‘SPAM’ content. reCAPTCHA protects our “Website” from spam and abuse. It uses advanced risk analysis techniques to tell humans and bots apart.
10) CASL & CAN SPAM Act
We fully comply with PIPEDA, CASL, and the CANS SPAM Act. Please review the following overviews listed below for additional information on the aforementioned:
11) CASL – Canadian Anti Spam Legislation
Canada’s new anti-spam law was passed in December 2010 and, following a Governor in Council order, it entered into force on July 1, 2014. The law helps to protect Canadians while ensuring that businesses can continue to compete in the global marketplace. On January 15, 2015, sections of the Act related to the unsolicited installation of computer programs or software came into force.
All CEMs (commercial electronic messages) we send comply with all CASL regulations:
*The following information is a macroscopic level summary of CASL. For more detailed information, please see http://www.fightspam.gc.ca*
- Obtaining consent when required (either express or implied)
Express Consent – recipient said ‘yes’ to receiving CEMs and opted-in to a state purpose.
Implied Consent – implied by an existing business or non-business relationship. Recipient disclosed their address or listed it publically. No statement requesting not to be contacted.
When Consent Is Not Required – quotes or estimates that facilitate or confirm transactions, safety or security information, providing information about ongoing use or ongoing purchase based on a subscription, membership, accounts, loans, employment relationships, benefit plans, delivering a product good or service, including updates and upgrades.
- All CEMs clearly and prominently identify the sender of the message and include contact information for the sender so the recipient can easily contact the sender.
- All CEMs have a functioning unsubscribe mechanism and are made clearly noticeable. Unsubscribes are processed without delay.
12) PIPEDA – The Personal Information Protection and Electronic Documents Act
The Personal Information Protection and Electronic Documents Act (PIPEDA) sets out ground rules for how private sector organizations may collect, use or disclose personal information in the course of commercial activities. PIPEDA also applies to federal works, undertakings and businesses in respect of employee personal information. The law gives individuals the right to access and request correction of the personal information these organizations may have collected about them.
For more information on PIPEDA, please see: http://laws-lois.justice.gc.ca/eng/acts/P-8.6/index.html
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
• Send information, respond to inquiries, and/or other requests or questions.
• Process orders and to send information and updates pertaining to orders.
• We may also send you additional information related to your product and/or service.
• Market to our mailing list or continue to send emails to you after the original transaction has occurred.
In compliance with CANSPAM, we:
• Identify the message as an advertisement in some reasonable way.
• Include the physical address of our business or site headquarters.
• Monitor “Third Party” email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly.
• Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can follow the unsubscribe link in the footer of our emails or email us directly at firstname.lastname@example.org and we will promptly remove you from ALL correspondence.
Principle 4 – Limiting Use, Disclosure & Retention
Nesting Effect will only use information obtained for the purpose for which it was collected unless the user has otherwise consented to use for another purpose. Personal information will only be retained for the period of time required to fulfill the purpose for which it was collected. Nesting Effect regularly and systematically destroys, erases, or makes anonymous personal information no longer required to fulfill the identified collection purposes, and no longer required by laws and regulations.
Principle 5 – Accuracy
Nesting Effect will maintain user information in an accurate, complete, and up-to-date form as is necessary to fulfill the intended purpose of collecting the information. You can help us maintain the accuracy of your personal information by notifying us of any changes to the information.
Third Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide users with advance notice. This does not include “Website” hosting partners and other parties who assist us in operating our “Website”, conducting our business, or servicing our users, so long as those parties agree to keep this information confidential. We may also release information when its release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable user information may be provided to other parties for marketing, advertising, or other uses.
We will fully co-operate with local, provincial, and federal officials in any investigation relating to any putative illegal / unlawful activities or personal information including but not limited to private electronic communications and other associated data transmitted on the “Website”.
Third Party links
Occasionally, at our discretion, we may include or offer “Third Party” products or services on our “Website”. Accordingly, our “Website” may direct you to “Third Party” websites or services (“Third Party Services”, collectively “Third parties”) offered or made available by third parties not affiliated with Nesting Effect (“Third Party Providers”). These Terms do not apply to (and we are not responsible for) such Third Party Services, and these Terms do not govern the practices of such Third Party Providers.
Principle 6 – Security & Safeguards
We at Felix take security very seriously. Accordingly, we make commercially reasonable efforts to ensure that personal information we collect is stored in a secure manner and is protected against loss and unauthorized access. We have an internal policy in place to deal with security, data retention and destruction.
Nesting Effect will safeguard your personal information, regardless of the format in which it is held, including:
- Physical security measures such as restricted access facilities and locked filing cabinets
- Electronic security measures such as password protection, database encryption and personal identification numbers
- Organization processes such as limiting access to your personal information only to those directly involved in providing service(s)
Data Processing – Mode, Place, & Involved Parties
We process user data in a proper manner in-line with commercially reasonable safeguards and take appropriate security measures to prevent unauthorized modification, disclosure, access, or destruction of data.
The data we collect is processed using computers and IT enabled tools which follow organizational procedures and modes related to the collection purposes indicated.
In certain cases, the data we collect may be accessible to specific types of persons appointed if necessary who are involved with operation of the “Website” including but not limited to:
- persons involved in system administration, general administration, sales, marketing, legal
- external persons including “Third Parties” including but not limited to information technology companies, communication agencies, hosting providers, mail carriers, technical service providers
We process data at our “Offices” and in any places where the parties involved with processing are located. For additional information, please contact the Privacy Officer.
Do No Track Requests
To learn more about how any of the “Third Party” services used by this “Website” handle “Do Not Track” requests, please read their respective privacy policies.
Principle 7 – Openness
Principle 8 – Individual Access
Upon request, Nesting Effect will provide users with timely access to their personal information. In certain situations, however, we may not be able to give you access to all your personal information. We will explain the reasons why access must be denied and any recourse you may have, except where prohibited by law.
Users also have the right to request changes to or removal of their personal information from our organizational database and any associated databases including “Affiliates”, “Providers”, “Third Party Services”, “Third Party Providers”, collectively “Third Parties” that we may be associated with. To make a request of this nature, please contact the Privacy Officer.
Principle 9 – Challenging Compliance
Last Edited on – July 31, 2019