This document contains the following policies:
The eMail Company is located at:
15 Kainona Ave
Website Terms and Conditions Contents
Information on the Website
Whilst every effort is made to update the information contained on this website, neither The eMail Company Inc. nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the website. The eMail Company Inc. reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
The trade marks, names, logos and service marks (collectively “trade marks”) displayed on this website are registered and unregistered trade marks of The eMail Company Inc.. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of The eMail Company Inc..
External links may be provided for your convenience, but they are beyond the control of The eMail Company Inc. and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
Public Forums and User Submissions
The eMail Company Inc. is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by The eMail Company Inc.. The eMail Company Inc. reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to –
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify The eMail Company Inc. against any loss, liability, damage or expense of whatever nature which The eMail Company Inc. or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
The eMail Company Inc. makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company’s personal information or material and information transmitted over our system.
Disclaimer of Liability.
The eMail Company Inc. shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither The eMail Company Inc. nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
Use of the Website.
The eMail Company Inc. does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction. By accessing the website, you warrant and represent to The eMail Company Inc. that you are legally entitled to do so and to make use of information made available via the website.
These website terms and conditions constitute the sole record of the agreement between you and The eMail Company Inc. in relation to your use of the website. Neither you nor The eMail Company Inc. shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and The eMail Company Inc. in respect of your use of the website.
The eMail Company Inc. may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
No indulgence or extension of time which either you or The eMail Company Inc. may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
The eMail Company Inc. shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Canada without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the Supreme Court of Canada in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
Comments or Questions
What information do we collect?
We collect information from you when you register on our site, place an order, subscribe to our newsletter or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
To personalize your experience. Your information helps us to better respond to your individual needs
To improve our website. We continually strive to improve our website offerings based on the information and feedback we receive from you.
To process transactions. Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
To administer a contest, promotion, survey or other site feature
To send periodic emails. The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via 128 Bit Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, financials, etc.) will be kept on file for more than 120 days in order to manually renew..
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders by contacting customer service.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe 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 visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
California Online Privacy Protection Act Compliance
Because we value your privacy, we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
As part of the California Online Privacy Protection Act, all registered users of our site may make any changes to their information at anytime by logging into their control panel and going to the ‘Edit Profile’ page.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 18 years of age. Our website, products and services are all directed to people who are at least 18 years old or older or corporations.
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at www.theemailcompany.com/privacy
The eMail Company Inc.
15 Kainona avenue
Toronto, Ontario M3H 3H4
Phone: 416 225 7711
Principle 1 – Accountability
The Email Company is responsible for personal information under its control and will designate a person or persons who are accountable for its compliance with the Privacy Principles.
1.1 Accountability for The Email Company’s compliance with the Privacy Principles rests with the designated individual(s), even though other persons within the organization may be responsible for the day-to-day collection and processing of personal information. Other persons within the organization may be delegated to act on behalf of the designated person(s).
1.2 The Email Company is responsible for personal information in its possession or custody, including information that has been transferred to a third party for processing. The Email Company will use contractual or other means to provide a comparable level of protection while the information is being processed by a third party.
1.3 The Email Company will maintain policies and practices to give effect to the Privacy Principles, including:
Principle 2 – Identifying Purposes
The Email Company will identify the purposes for which personal information is collected at or before the time the information is collected.
2.1 The Email Company will specify the purposes for which the personal information is collected at or before the time of collection. Depending upon the way in which the information is collected, this may be done orally, electronically or in writing.
2.2 In some circumstances, where the purpose for collecting information is reasonably evident to the person providing the information, the purpose will not be explicitly stated. Such circumstances may include collecting an individual’s name and telephone number for the purpose of responding to an inquiry from the individual.
2.3 The Email Company collects personal information for the following purposes:
2.4 Personal information collected regarding clients and subscribers may include contact information and preferences pertaining to the content sent to that individual by The Email Company.
2.5 When personal information that has been collected is to be used for a purpose not previously identified, the new purpose will be identified prior to use. Unless the new purpose is required by law, the consent of the individual will be obtained before the personal information is used for that purpose.
2.6 Upon request, persons collecting personal information on behalf of The Email Company will explain the purposes for which the information is being collected or refer the individual to a designated person who will explain these purposes.
Principle 3 – Consent
The knowledge and consent of the individual are required for the collection, use, or disclosure of personal information, except where inappropriate.
3.1 Subject to section 3.2, consent will be obtained for the collection of personal information and the subsequent use or disclosure of this information. Typically, The Email Company will seek consent for the use or disclosure of the information at the time of collection. In certain circumstances, consent with respect to use or disclosure may be sought after the information has been collected but before use (for example, if The Email Company wants to use information for a purpose not previously identified).
3.2 In certain circumstances personal information may be collected, used, or disclosed without the knowledge and consent of the individual. These circumstances include:
3.3 In obtaining consent, The Email Company will use reasonable efforts to ensure that the individual is advised of the purposes for which the information will be used. The purposes will be stated in such a manner that the individual can reasonably understand how the information will be used or disclosed.
3.4 The Email Company will not, as a condition of supplying a product or service, require an individual to consent to the collection, use, or disclosure of information beyond that required to fulfil the explicitly specified, and legitimate purposes.
3.5 The form of the consent sought by The Email Company may vary, depending upon the circumstances and the type of information. In determining the form of consent to use, The Email Company will take into account the sensitivity of the information and the reasonable expectations of the individual whom the information is about.
3.6 The way in which The Email Company will seek consent may vary, depending on the circumstances and the type of information collected. The Email Company will generally seek express consent when the information is likely to be considered sensitive. Implied consent would generally be appropriate when the information is less sensitive. The Email Company may obtain consent by an authorized representative (such as a legal guardian or a person having power of attorney).
3.7 Individuals can give consent in many ways. For example:
3.8 An individual may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. A withdrawal of consent must be in writing. The Email Company will inform the individual of the implications of such withdrawal.
Principle 4 – Limiting Collection
The Email Company will limit the collection of personal information to that which is necessary for the purposes identified. The Email Company will collect personal information by fair and lawful means.
4.1 The Email Company will not collect personal information indiscriminately. Both the amount and the type of information collected will be limited to that which is necessary to fulfil the purposes identified.
4.2 The Email Company will not mislead or deceive individuals about the purpose for which information is being collected and will not obtain an individual’s consent to such collection through deception.
4.3 The Email Company collects personal information primarily from its clients and subscribers. The Email Company may also collect personal information from third parties that represent that they have the right to disclose the information to The Email Company.
Principle 5 – Limiting Use, Disclosure, and Retention
The Email Company will not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual or as required by law. The Email Company will retain personal information only as long as necessary for the fulfilment of the purposes for which it was collected.
5.1 When The Email Company uses personal information for a new purpose, the purpose will be documented.
5.2 The Email Company will maintain procedures with respect to the retention of personal information including, as appropriate, minimum and maximum retention periods. Personal information that has been used to make a decision about an individual will be retained long enough to allow the individual access to the information after the decision has been made, subject to legislative or other requirements with respect to retention periods.
5.3 Personal information that is no longer required to fulfil the identified purposes and that is not required to be retained to comply with legislative or other requirements will be destroyed, erased, or made anonymous. The Email Company will maintain procedures to govern the destruction of personal information.
Principle 6 – Accuracy
The Email Company will use reasonable efforts to ensure that personal information is as accurate, complete and up-to-date as is necessary for the purposes for which it is intended.
6.1 Personal information used by The Email Company will be sufficiently accurate, complete, and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about the individual.
6.2 The Email Company will not routinely update personal information, unless such a process is necessary to fulfil the purposes for which the information was collected. In most cases, The Email Company relies on the client or subscriber to keep certain personal information, such as contact and address information, accurate, complete, and up-to-date.
6.3 The Email Company will update or correct any deficiency in personal information held by it if the individual concerned provides The Email Company with particulars, satisfactory to The Email Company, of any required updating or correction.
Principle 7 – Safeguards
The Email Company will protect personal information by security safeguards appropriate to the sensitivity of the information.
7.1 The Email Company employs appropriate security safeguards to protect personal information in its control against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. Such safeguards will be commensurate with the sensitivity of the information, the amount, distribution, and format of the information, and the method of storage. The methods of protection may include, as applicable, physical, organizational and technological security measures.
7.2 The Email Company will make its employees aware of the importance of maintaining the confidentiality of personal information.
7.3 The Email Company requires that third parties to which personal information is transferred provide a level of security for such information that meets standards established by The Email Company.
Principle 8 – Openness
The Email Company will make readily available to individuals specific information about its policies and practices relating to the management of personal information.
8.1 Information about The Email Company’s policies and practices with respect to the management of personal information will be made readily available to interested individuals.
8.2 The information made available will include:
Principle 9 – Individual Access
Upon written request, The Email Company will inform an individual of the existence, use, and disclosure of his or her personal information and will give the individual access to that information. An individual will be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
9.1 Upon written request, The Email Company will inform an individual whether or not it holds personal information about the individual. The Email Company will allow the individual access to this information.
9.2 In certain circumstances, The Email Company may not be able to provide access to all the personal information it holds about an individual. Such circumstances include those in which the information cannot be separated from the records of others, cannot be disclosed for reasons of personal security or commercial confidentiality, or is protected by solicitor-client privilege.
9.3 An individual requesting access will be required to provide satisfactory identification and may be asked to provide sufficient information to assist The Email Company in compiling an account of the existence, use, and disclosure of personal information. The information provided will only be used for this purpose.
9.4 The Email Company will provide an account of the use that has been made or is being made of personal information and an account of the third parties to which it has been disclosed. In providing an account of such third parties, The Email Company will attempt to be as specific as possible. If it is not possible to provide a list of the organizations to which it has actually disclosed information about an individual, The Email Company will provide a list of organizations to which it may have disclosed information about the individual.
9.5 The Email Company will respond to an individual’s request within a reasonable time and at minimal or no cost to the individual. The requested information will be provided or made available in a form that is generally understandable to the individual.
9.6 When an individual successfully demonstrates the inaccuracy or incompleteness of personal information, The Email Company will amend the information as required. Where appropriate, the amended information will be transmitted to third parties having access to the information in question.
9.7 When a challenge is not resolved to the satisfaction of the individual, the substance of the unresolved challenge will be recorded by The Email Company. Where appropriate, the existence of the unresolved challenge will be transmitted to third parties having access to the information in question.
Principle 10 – Challenging Compliance
An individual will be able to address a challenge concerning compliance with the Privacy Principles to the person(s) designated to oversee The Email Company’s compliance.
10.1 The Email Company will maintain procedures to receive and respond to complaints or inquiries about its policies and practices relating to the handling of personal information and will inform individuals who make inquiries or lodge complaints of the existence of relevant complaint procedures.
For any information pertaining to PIPEDA and your privacy at The Email Company please direct any inquires to:
Att: The Privacy Officer
The Email Company Inc.
15 Kainona Ave
Toronto, Ontario M3H 3H4
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