Terms of Use

ALL-AMERICAN SPORTS MATERIAL Website Terms of Use

These Terms of Service (this “Agreement”) set forth the terms and conditions that apply to your access and use of the internet Website located at https://allamericansportsmaterial.com (the “Website”), owned and operated by ALL-AMERICAN SPORTS MATERIAL. (“AASM”, “we”, “our” or “us”).

BY ACCESSING OR USING THE WEBSITE, YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE WEBSITE. IF YOU ARE DISSATISFIED WITH THIS AGREEMENT OR ANY RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT ACCESS OR USE THE WEBSITE.

By accepting this Agreement, you agree to be bound by the terms and conditions of this Agreement, as well as AASM’s Privacy Policy located here (the “Privacy Policy”), as it may be amended from time to time in the future

We may amend any part of this Agreement by adding, deleting, or varying its terms from time-to-time in our discretion. We will include a link to the previous version of the terms beneath the new “Last Updated” date. If you do not agree to any amendments to this Agreement, you can terminate this Agreement or otherwise stop accessing or using the Website. There is no cost or penalty to doing so. If you do not cease using the Website during that time, then by your continued use, you are considered to have accepted the amendments.

Informational Purposes

Access to and use of this Website is provided for informational purposes only in respect of AASM’s business, services, products and other general materials made available to you from time to time in AASM’s sole and absolute discretion, and is subject to the terms, conditions, limitations and disclaimers provided in this Agreement. The Website is not intended for consumer use, i.e. for personal, household or family use

Ability to Enter into this Agreement

In order to enter into this Agreement, you must have reached the legal age of majority in your jurisdiction of residence, and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you. If you accept this Agreement, you represent that you have the capacity to be bound by it.

Intellectual Property Rights

All material available on the Website and all material and services provided by or through AASM’s, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.

Subject to your compliance with all of the terms and conditions of this Agreement, during the term of this Agreement, AASM’s grants to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Materials that we make available to you. You are not permitted to download, copy or otherwise store any Materials.

If AASM’s, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Website, then AASM’s may immediately suspend access to or use of the Website. The suspension of use and access is not a breach of this Agreement. You acknowledge that the preservation of security, confidentiality and data is paramount. AASM’s has no liability to you for suspending the Website under this provision.

AASM retains the right to use or share any Aggregated Data generated by anyone using the Website or the Website, including our users, for the purpose of enhancing and providing the Website. “Aggregated Data” means data that does not contain personal information and which has been manipulated or combined to provide generalized, anonymous information. For the purposes of this Agreement and the Privacy Policy, “personal information” is any information about an identifiable individual, as defined in our Privacy Policy

Term

The Term of this Agreement commences upon your acceptance thereof and continues until terminated by either of us in accordance with its terms.

AASM’s reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. AASM’s reserves the right to modify, suspend or discontinue the Website, or any portion thereof, at any time and for any reason, with or without notice.

You may terminate this Agreement at any time by ceasing to access or use the Website.

Acceptable Use and Conduct

You agree that you will not transmit to or through the Website or otherwise use the Website in a manner that:

(a) infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;

(b) contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(c) is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;

(d) is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy;

(e) is harmful to minors in any way;

(f) is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by AASM;

(g) impersonates an AASM employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or to obtain access to the Website or a portion thereof without proper authorization;

(h) interferes or attempts to interfere with the proper working of the Website or prevents others from using the Website, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Website, or that otherwise negatively affects other persons’ ability to use the Website;

(i) uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Website or the content contained therein;

(j) facilitates the unlawful distribution of copyrighted content;

(k) except as expressly permitted by AASM, licenses, sublicenses, rents or leases the Website to third parties, or uses the Website for third party training, commercial time-sharing or service bureau use;

(l) includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Website to users;

(m) constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests;

(n) stalks or otherwise harasses anyone on the Website or using the Website or with information obtained from the Website;

(o) collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;

(p) requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Website for the purposes of automating logins to the Website;

(q) attempts to gain unauthorized access to the computer systems of AASM or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website;

(r) posts adult or obscene content;

(s) decompiles or reverse engineers or attempts to access the source code of the software underlying the Website, the Website or any other AASM technology;

(t) copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Website;

(u) accesses the Website for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Website;

(v) accesses the Website for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or

(w) accesses the Website to upload any Content or computer code for the purposes of: (i) causing a breach or override of security to the Website; (ii) interfering with the proper working, functionality or performance of the Website; or (iii) preventing others from accessing or using the Website.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE AND ALL CONTENT FORMING PART OF OR RELATED TO THE WEBSITE AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AASM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.

AASM DISCLAIMS ANY WARRANTY THAT THE WEBSITE INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME TO TIME AASM MAY REMOVE THE WEBSITE OR CEASE PROVIDING THE WEBSITE FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE WEBSITE MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE WEBSITE OR OTHER ACTIONS THAT AASM, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE.

AASM IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY AASM OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY AASM, TELECOMMUNICATIONS PROVIDERS OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY AASM.

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR CONTENT IS COMPATIBLE WITH THE WEBSITE. AASM DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE WEBSITE AND IS NOT RESPONSIBLE FOR PROTECTING YOUR CONTENT

THE WEBSITE ARE OFFERED AND CONTROLLED BY AASM FROM ITS FACILITIES IN NORTH AMERICA. AASM MAKES NO REPRESENTATIONS THAT THE WEBSITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

Third Party Websites and Content

The Website may permit you to link to other Websites or resources on the Internet, and other Websites or resources may contain links to the Website. These other Websites are not under AASM’s control, and you acknowledge that AASM is not responsible or liable for any third party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third party content or any other aspect of such Websites or resources. The inclusion of any such link does not imply endorsement by AASM or any association with its operators. You further acknowledge and agree that AASM will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods or services available on or through any such Website or resource. Access and use of third party Websites, including the information, material, products and services on third party Websites or available through third party Websites, is solely at your own risk.

Exclusive Remedy and Limitation of Liability

YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT, WILL AASM OR ITS OWNERS, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES (EVEN IF AASM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE, OR FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT. AASM’S TOTAL AGGREGATE LIABILITY FROM ANY AND ALL CLAIMS UNDER THIS AGREEMENT IS LIMITED TO $50. TO THE EXTENT ANY PROVINCE, STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AASM’S LIABILITY IN SUCH PROVINCE, STATE OR JURISDICTION WILL BE LIMITED TO THE FURTHEST EXTENT PERMITTED BY LAW. YOU FURTHER AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY WITH RESPECT TO THIRD PARTY LIABILITY OF ANY KIND

THE FOREGOING LIMITATIONS WILL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD PARTY WEBSITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN AASM AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED BY YOU ON ANY THIRD PARTY WEBSITES. YOU ALSO AGREE THAT AASM WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE WEBSITE

AASM will have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any modification, suspension or discontinuance of the Website and/or the Website

Indemnity

You agree to indemnify, defend, and hold harmless AASM, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives (together, the “Indemnified Parties”), from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to this Agreement, the Website or the Website, including but without limitation in relation to: (a) your use, non-use or misuse of, or connection to the Website; (b) your violation or alleged violation of this Agreement; and (c) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein. AASM reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify AASM and you agree to cooperate with AASM’s defense of these Claims. You agree not to settle any matter without the prior written consent of AASM. AASM will use reasonable efforts to notify you of any such Claims upon becoming aware of it.

Miscellaneous

If there is any dispute between you and AASM about or involving this Agreement, the Website or the Website, you hereby agree that the dispute will be governed by and construed in accordance with the laws of the Province of Alberta, Canada, and the federal laws of Canada applicable therein without regard to its conflict of law provisions.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole will not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable will be stricken from this Agreement.

You agree that if AASM does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which AASM has the benefit of under any applicable law), this will not be taken to be a formal waiver of AASM’s rights and that those rights or remedies will still be available to AASM. You agree that if AASM does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which AASM has the benefit of under any applicable law), this will not be taken to be a formal waiver of AASM’s rights and that those rights or remedies will still be available to AASM.

The sections of “Intellectual Property Rights”, “Disclaimer of Warranties”, “Third Party Websites and Content”, “Exclusive Remedy and Limitation of Liability”, “Indemnity”, “Miscellaneous” will survive any actual or purported termination or expiry of this Agreement and continue in full force and effect.

This Agreement is the entire agreement between us related to the subject matter in this Agreement. This Agreement replaces and supersedes any other prior or contemporaneous agreement, representation or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned “electronic” agreement or rely on such an unsigned agreement.

Privacy Policy

Overview

All-American Sports Material (“AASM”, “we”, “us” or “our”) is committed to protecting the privacy of personal information of identifiable individuals of whom we interact, including those who visit the https://allamericansportsmaterial.com/ website (the “Website”).

This Privacy Policy describes how AASM collects, uses and discloses personal information. For the purposes of this Privacy Policy, “personal information” means information about an identifiable individual. This information may include, but is not limited to, your name, date of birth, mailing address, e-mail address, and telephone number. It may also include information that, when used in combination with other information allows you to be identified, such as age, occupation, and location.

Generally under Canadian privacy laws, personal information does not include any business contact information that is solely used to communicate with you in relation to your employment, business or profession, such as your name, position name or title, work address, work telephone number, work fax number or work electronic address.

Personal information also does not include information that has been anonymized according to generally accepted best practices and in such a way that it is, at all times, reasonably foreseeable in the circumstances that it irreversibly no longer allows an individual to be identified, whether on its own or in combination with other information.

Updates

This Privacy Policy is current as of the “updated” date which appears at the top of this page. It may be modified or updated from time to time. When changes are made to this Privacy Policy, they will become immediately effective when published in a revised Privacy Policy posted on our website unless otherwise noted. We may also communicate the changes through our services or by other means.

By submitting your personal information to us, by accessing or using any of the products or services we offer, by using our Website or by voluntarily interacting with us after we publish or communicate a notice about the changes to this Privacy Policy, you consent to our collecting, using and disclosing your personal information as set out in the revised Privacy Policy.

Consent

We collect, use and disclose your personal information with your consent, or as permitted or required by law.

If you choose to provide us with your personal information after reviewing this Privacy Policy, we will assume that you consent to the collection, use and disclosure of your personal information. However, we will require your consent when necessary as required by applicable privacy laws. Subject to applicable laws, your consent may be express or implied, depending on the circumstances and the sensitivity of the personal information in question. How we obtain your consent (i.e. the form we use) will depend on the circumstances, as well as the sensitivity of the information collected.

Without limiting the foregoing, we may on occasion ask you to consent when we collect, use, or disclose your personal information in specific circumstances. Sometimes your consent will be implied through your conduct with us if the purpose of the collection, use or disclosure is obvious and you voluntarily provide the information.

You may withdraw your consent to our collection, use or disclosure of your personal information at any time by contacting us using the contact information in the “Contact Us” section below. However, note that:

• withdrawal of your consent may prevent us from providing our Website to you, in whole or in part, or prevent those from functioning as intended;
• before we implement the withdrawal of consent, we may require proof of your identity; and
• even if you withdraw your consent, we may keep using, disclosing or retaining some of your personal information to the extent permitted or required by applicable law.

With your consent, we may occasionally communicate with you regarding our products, services, news and events. You have the option to not receive this information. We provide an opt-out function within all email or push communications of this nature, or will cease to communicate with you for this purpose if you contact us and tell us not to communicate this information to you. The only kind of these communications that you may not “opt-out” of are those required to communicate announcements related to the Website, such as changes to the Website and the terms of service applicable to the Website. We will attempt to minimize this type of communication to you.

Information Collected by AASM

AASM collects personal information that is submitted through the Website, such as through the contact us form.

We may also collect certain information automatically through interactions with the Website, including as follows:

• Device Data, including data about the type of device or browser you use, your device’s operating system, your internet service provider, your device’s regional and language settings, and device identifiers such as IP address. We may use Device Data to monitor the geographic regions from which users navigate access and use the Website and Services, and for security and fraud prevention purposes.

• Usage Data, including data about how you interact with our Website (e.g. which links were clicked, navigation path, duration of visit, etc.).

• Cookies and Other Tracking Technologies, which may entail use of third-party analytics tools to better understand the user base of our websites. We use various technologies to collect information, and this may include sending cookies to user computers or mobile devices or enlisting third party services which use cookies to track your activities on our website. Cookies are small data files transferred to your computer’s hard-drive by a website, if your browser is enabled to accept cookies. They keep a record of your preferences, making your subsequent visits to the site more efficient. Cookies may store a variety of information, including the number of times that you access a site, your registration information and the number of times that you view a particular page or other item on the site. The use of cookies is a common practice adopted by most major sites to better serve their users. However, certain privacy law may, when applicable, restrict our use of such tracking technologies when it enables us to conduct profiling, to identify you or to geolocate you, and we may be required to obtain your opt-in consent to the activation of such technologies, as the case may be.

Purposes for Collection and Use

We may use your personal or account information for various purposes, including as follows:

• to provide the Website to you or our users;
• to improve the quality of the Website;
• to enforce this Privacy Policy or our Terms of Service located at https://www.AASM.com;
• to protect against fraud or error, and to respond to claims of any violation of our rights or those of any third parties;
• as required to comply with applicable laws or as authorized by applicable laws; and
• such other purposes that may be communicated to you.

Disclosure of personal information

Personal information we collected may be shared as described in this Privacy Policy.

If we provide your information to third party service providers, we take reasonable measures to ensure that this Privacy Policy and its principles are complied with and these third parties provide sufficient guarantees to implement appropriate security measures. We also require that they only use your personal information for the limited purposes for which it is provided. When our service providers no longer need your personal information for those limited purposes, we require that they dispose of the personal information. We do not authorize the service providers to disclose your personal information to unauthorized parties or to use your personal information for their direct marketing purposes.

In some circumstances, we may permit our service providers to retain aggregated or statistical information that does not identify you directly.

Additionally, we may use and disclose your information when we believe such use or disclosure is permitted, necessary or appropriate:

• under applicable law, including laws outside your country of residence;
• to comply with legal process, including outside of your country of residence;
• to respond to requests from public and government authorities, or to cooperate with law enforcement, including public and government authorities outside your country of residence;
• to enforce the terms of the agreements for our Website;
• to protect our operations or those of any of our affiliates or subsidiaries;
• to protect our rights, privacy, safety or property, and/or those of our affiliates, you or others;
• to allow us to pursue available remedies or limit the damages that we may sustain; and
• in connection with a sale or business transaction, we may transfer your personal information to a third party to the extent necessary to conclude any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, brands, affiliates, subsidiaries or other assets.

If we otherwise intend to disclose your personal information to a third party, in a manner not identified in this Privacy Policy, we will identify that third party and the purpose for the disclosure, and obtain your consent.

In addition, from time to time we may disclose or allow access to your personal information outside Canada where it may be subject to the lawful access requirements of the jurisdiction in which it is stored or able to be accessed. If you have any questions about our use of service providers outside of Canada, you may contact us using the contact information set out below.

Transfers outside of Canada

Your personal information may also be stored and processed in any country where we have facilities or in which we engage third party service providers. As a result, to the extent permitted under applicable law, your personal information may be transferred to countries outside your country of residence, which may have different data protection rules than in your home country. While such information is outside of your country, it is subject to the laws of the country in which it is located, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country.

Children’s information

We do knowingly not collect personal information of children under the age of 18. If we learn we have collected or received personal information from a child under 18, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us using the information in the “Contact Us” section below.

Rights to Your Information

We make reasonable efforts to ensure that your personal information is kept as accurate, complete and up-to-date as reasonably necessary. We will not routinely update your personal information, unless such a process is necessary. We expect you, from time to time, to supply us with updates to your personal information, when required.

You may make a written request to review any personal information about you that we have collected, used or disclosed, and we will provide you with any such personal information to the extent required and/or permitted by law. You may also challenge the accuracy or completeness of your personal information in our records and request corrections. If you successfully demonstrate that your personal information in our records is inaccurate or incomplete, we will amend the personal information as required. To exercise these rights, please contact us by using the contact information in the “Contact Us” section below.

We may require that you provide sufficient identification to fulfill your request to access or correct your personal information. Any such identifying information will be used only for this purpose.

Aggregated Data

We may also use your personal information to generate Aggregated Data for our business use, including to improve our Website and to develop new products and services. “Aggregated Data” means records which have been stripped of information potentially identifying users, and which have been manipulated or combined to provide generalized, anonymous information.

We will take reasonable measures to ensure the Aggregated Data cannot be associated with an individual, we will maintain and use such information only in an aggregated/anonymized form, and we will not attempt to reidentify such information except as permitted by law.

Links

The Website may contain links to other sites and we are not responsible for the privacy practices or the content of such sites. We encourage you to read the privacy policy of linked sites. Their privacy policies and practices differ from our policies and practices.

Retention of Personal Information

We will use, disclose or retain your personal information only for as long as necessary to fulfill the purposes for which that personal information was collected and as permitted or required by law. These times vary depending on the purpose for which the information was collected and the need for the information. We will destroy records containing personal information or in some cases, anonymize all personal information in the records, when we no longer need the information for the purpose for which it was collected, or for other business or legal purposes, or its retention is no longer required by law.

Security Measures

We have implemented reasonable physical, organizational, contractual and technological security measures with a view to protecting your personal information and other information from loss or theft, unauthorized access, disclosure, copying, use or modification. We have taken steps to ensure that the only personnel who are granted access to your personal information are those with a business ‘need-to-know’ or whose duties reasonably require such information.

While we take precautions against possible breaches in our web sites and customer databases, no web site or Internet transmission is completely secure, so unfortunately we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of our Website are at your own risk. We assume no liability for disclosure of your personal information due to transmission errors, unauthorized access, or causes beyond our control, including security failures on the part of our partners and third party service providers and processors.

If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any information that you provided to us has been compromised), please contact us immediately using the contact information in the “Contact Us” section below.

Contact Us

If you have any queries about the disclosure of your personal information or if you otherwise have any questions or suggestions regarding our Privacy Policy or wish to make a complaint, you may contact our privacy officer by email at Privacy.Officer@burnco.com.