- Information We Collect
- How We Use & Share the Information Collected
- Cookies and Preference Based Advertising
- Other Uses & Information
- Public Forums
- Keeping Your Information Secure
- Other Sites/Links
- Contact & Opt-Out Information
- Sole Statement
Effective: July 1, 2016
A. INFORMATION WE COLLECT
Our Website typically collects two kinds of information about you: (a) information that you provide that personally identifies you; and (b) information that does not personally identify you, but that we automatically collect when you visit our Website or that you provide us.
(1) Personally Identifiable Information: Our definition of personally identifiable information includes any information that may be used to specifically identify or contact you, such as your name, mailing address, email address, phone number, etc. As a general policy, we do not automatically collect your personally identifiable information when you visit our Website. In certain circumstances, we may request, allow or otherwise provide you an opportunity to submit your personally identifiable information in connection with a feature, program, promotion or some other aspect of our Website. For instance, you may: (a) provide your name, mail/shipping address, email address, and phone number when registering with our Website or in connection with a promotional event such as the “Canada Sound” project; (b) provide certain demographic information about you (e.g., age, gender, occupation, usage frequency, etc.) when participating in a survey, poll or joining a mailing list or other group; or (c) post a general comment and/or recommendation on our Website. Certain information may not be personally identifiable when standing alone (e.g., your age), but may become so when combined with other information (e.g., your age and name). Whether or not you provide this information is your choice; however, in many instances this type of information is required to participate in the particular activity, realize a benefit we may offer, or gain access to certain content on our Website.
(2) Non-Personal Information: Our definition of non-personal information is any information that does not personally identify you. Non-personal information can include certain personally identifiable information that has been de-identified; that is, information that has been rendered anonymous. We obtain non-personal information about you from information that you provide us, either separately or together with your personally identifiable information. We also automatically collect certain non-personal information from you when you access our Website. This information can include, among other things, IP addresses, the type of browser you are using (e.g., Internet Explorer, Firefox, Safari, etc.), the third party website from which your visit originated, the operating system you are using (e.g., Vista, Windows XP, Mac OS, etc.), the domain name of your Internet service provider, the search terms you use on our Website, the specific web pages you visit, and the duration of your visits.
B. HOW WE USE & SHARE THE INFORMATION COLLECTED
(1) Personally Identifiable Information: The personally identifiable information you submit to us is generally used to carry out your requests, respond to your inquiries, better serve you, or in other ways naturally associated with the circumstances in which you provided the information. We may also use this information to later contact you for a variety of reasons, such as your continued involvement in projects such as Canada Sound, or to communicate with you about content or other information you have posted or shared with us via our Website. At the time of collection of your personally identifiable information, or as otherwise set forth below, you may opt-in to receive future promotional information from us or our affiliated companies. If you have opted-in to such communications, you may opt-out at any time as described in Section I below.
In certain instances we may also share your personally identifiable information with our third party vendors performing functions on our behalf (or on behalf of our affiliated companies), e.g. vendors that administer our promotions, provide us marketing or promotional assistance, analyze our data, assist us with customer service, etc. Our vendors agree to use this information, and we share information with them, only to carry out our requests. In addition, we may share your personally identifiable information with participating sponsors to a program or promotion (such as Canada Sound) you enter via our Website, and with third parties who assist us in using the content or other information you have posted or shared with us via our Website (e.g., production companies we may use).
(2) Non-Personal Information: We use non-personal information in a variety of ways, including to help analyze site traffic, understand customer needs and trends, carry out targeted promotional activities, and to improve our services. We may use your non-personal information by itself or aggregate it with information we have obtained from others. We may share your non-personal information with our affiliated companies and third parties to achieve these objectives and others, but remember that aggregate information is anonymous information that does not personally identify you.
C. COOKIES AND PREFERENCE BASED ADVERTISING
(1) Cookies and Web Beacons: We automatically receive and store certain types of non-personally identifiable information whenever you interact with us. For example, like many websites, we use “cookies” and “web beacons” (also called “clear gifs” or “pixel tags”) to obtain certain types of information when your web browser accesses our Website. “Cookies” are small files that we transfer to your computer’s hard drive or your web browser memory to enable our systems to recognize your browser and to provide convenience and other features to you. “Web beacons” are tiny graphics with a unique identifier, similar in function to cookies, and may be used to track the online movements of users, when an email has been opened, and to provide other information.
Examples of the information we collect and analyze in this manner include the Internet Protocol (IP) address used to connect your computer to the Internet; computer and connection information such as browser type and version, operating system, and platform; your activities our Website, including the products you view or searched for, as well as the URL you come from and go to next (whether this URL is on our Website or not); and cookie number. It is important to note that the cookies and Web beacons that we use do not contain and are not tied to personally identifiable information about you.
D. OTHER USES & INFORMATION
(1) IP Addresses: An IP address is a number that is automatically assigned to your computer whenever you are surfing the Internet. Web servers (computers that “serve up” web pages) automatically identify your computer by its IP address. When visitors request pages from our Website, our servers typically log their IP addresses. We collect IP addresses for purposes of system administration, to report non-personal aggregate information to others, and to track the use of our Website. IP addresses are considered non-personal information and may also be shared as provided above. It is not our practice to link IP addresses to anything personally identifiable; that is, the visitor’s session will be logged, but the visitor remains anonymous to us. However, we reserve the right to use IP addresses to identify a visitor when we feel it is necessary to enforce compliance with our Website rules or to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Website, or other users; or (d) in an emergency to protect the health and safety of our Website’s users or the general public.
(2) Email Communications: If you send us an email with questions or comments, we may use your personally identifiable information to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we do not recommend that you send non-public personal information, such as passwords, social insurance numbers, or bank account information, to us by email. However, aside from our reply to such an email, it is not our standard practice to send you email unless you request a particular service or sign up for a feature that involves email communications, or you consented to being contacted by email for a particular purpose. In certain instances, we may provide you with the option to set your preferences for receiving email communications from us; that is, agree to some communications but not others. You may “opt out” of receiving future commercial email communications from us by clicking the “unsubscribe” link included at the bottom of all emails we send, or as provided below; provided, however, we reserve the right to send you transactional emails such as customer service communications.
(3) Transfer of Assets: As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all (or substantially all) of our assets, the personally identifiable information and non-personal information we have about you will be transferred to and used by this acquiring entity, though we will take reasonable steps to ensure that your preferences are followed. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.
(4) Other: Notwithstanding anything herein to the contrary, we reserve the right to disclose any personally identifiable or non-personal information about you if we are required to do so by law, with respect to copyright and other intellectual property infringement claims, or if we believe that such action is necessary to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Website, or other users; or (d) in an emergency to protect the health and safety of our Website’s users or the general public.
E. PUBLIC FORUMS
G. KEEPING YOUR INFORMATION SECURE
We have implemented security measures we consider reasonable and appropriate to protect against the loss, misuse and alteration of the information under our control. Please be advised, however, that while we strive to protect your personally identifiable information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of your personally identifiable information. In the unfortunate event that your “personally identifiable information” (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you by e-mail (at our sole and absolute discretion) to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems.
H. OTHER SITES/LINKS
Our Website may link to or contain links to other third party websites that we do not control or maintain, such as in connection with purchasing products referenced on our Website and banner advertisements. We are not responsible for the privacy practices employed by any third party website. We encourage you to note when you leave our Website and to read the privacy statements of all third party websites before submitting any personally identifiable information.
I. CONTACT & OPT-OUT INFORMATION
We will respond to your request and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable. Please note that we may not be able to fulfill certain requests while allowing you access to certain benefits and features of our Website.
J. SOLE STATEMENT
1. INTRODUCTION AND ACCEPTANCE
Welcome to www.canadasound.ca (“Website”). The Website is an interactive online service operated by CanadaSound Inc. and its subsidiaries (“us,” “we,” or “our”).
The Website and the Canada Sound Initiative is open only to legal residents of Canada.
2. INTELLECTUAL PROPERTY
3. WEBSITE ACCESS AND USE
(i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Our Website Content or third party User Content;
(ii) circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Our Website Content or third party User Content;
(iii) use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Our Website Content or third party User Content for any purpose without our (or their, as the case may be) express written permission;
(iv) collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses;
(v) use the Website to solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
(vi) attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
(vii) decompile, reverse engineer, or disassemble any portion of any the Website;
(viii) use network-monitoring software to determine architecture of or extract usage data from the Website;
(ix) encourage conduct that violates any local, provincial or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership (defined below) without permission, etc.); and/or
(x) engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
4. USER REGISTRATION
(A) In order to access or use some features of the Website, you may have to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information unless we receive appropriate consent from your parent or legal guardian.
(B) If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a “Membership”), which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at www.canadasound.ca of any breach of security or unauthorized use of your Membership.
5. USER CONTENT
(B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right (or his/her parent or legal guardian if a minor). You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
(C) You represent, warrant, and covenant that you will not submit any User Content that:
(i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity (including without limitation, rights of publicity or personality);
(ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
(iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
(iv) is an advertisement for goods or services or a solicitation of funds; includes personal information such as messages which identify phone numbers, social insurance numbers, account numbers, addresses, or employer references;
(v) contains a formula, instruction, or advice that could cause harm or injury; or
(vi) is a chain letter of any kind.
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.
(E) By submitting User Content, you also grant us the right, but not the obligation, to use your biographical information including, without limitation, your name and geographical location (province and city only) in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
(F) We reserve the right to contact you for permission to display advertisements directly in connection with your User Content and/or to use your User Content specifically for advertising and promotional purpose. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
(G) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
(H) The Website takes the ideas and sounds submitted by users as User Content and creates and produces its own, or commissions the creation and production of, audio clips embodying the User submitted sounds (the “Clips”). The majority of the Clips have been commissioned from Sound Dogs Canada Inc. under license.
Registered users are permitted to use the Clips in their own sound recordings (“User Sound Recordings”), which User Sound Recordings they may reproduce and exploit as they see fit, PROVIDED that they shall not permit any portion of the User Sound Recordings in which a Clip or any part of a Clip is audible to be used in synchronization or timed relation or in any way in association with the products, services or messages of third parties.
Users who create User Sound Recordings are encouraged to share those Sound Recordings by submitting them to the Website. If you do submit one or more of your User Sound Recordings, you grant, on behalf of yourself and all writers and performers associated with such User Sound Recordings, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferrable right and license to use, reproduce, distribute, publicly display and perform, transmit and publish the User Sound Recordings solely in connection with the Website and the Canada Sound project. Some artists may be selected for potential inclusion on a digital compilation for charitable distribution, with separate terms and conditions.
(I) Technical Requirements:
(i) If your User Content is a video, it must be no more than 5 minutes in duration and in any of the following formats: .vob, .mov, .mpeg, .mpg, .mp4, .m4v, .flv, .avi, .asf, .divx, .wmv.
(ii) If your User Content is audio-only or other, it must be no more than 5 minutes in duration and in an audio file of a quality fit for radio play and in one of the following formats: .mp3 or .wav.
(iii) All User Content must have been recorded no earlier than one year prior to the commencement of the Canada Sound Initiative (i.e., not before July 1, 2015). All submissions must use the following hashtag: #CanadaSound.
6. WEBSITE CONTENT & THIRD PARTY LINKS
(A) We provide the Website including, without limitation, Website Content for educational, entertainment and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Our Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any of Our Website Content.
(B) In some instances, Our Website Content may include content posted by a third party or will represent the opinions and judgments of a third party. We do not endorse or warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than our authorized employees or spokespersons while acting in their official capacities.
(C) If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release us, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
(D) The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
You agree to indemnify and hold us (including our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries and their related companies) harmless from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with:
(i) your access to or use of the Website;
(ii) User Content provided by you or through use of your Membership;
(iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or
(v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
9. LIMITATION ON LIABILITY
(B) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
11. COPYRIGHT POLICY
(A) We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Membership of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
12. CHOICE OF LAW; JURISDICTION AND VENUE
13. AMENDMENT; ADDITIONAL TERMS