Call The Grandkids – Website Terms & Conditions (the “Terms”)

The following rules, terms and conditions govern the use of the callthegrandkids.ca website (the “Website”) and all of the content and materials found thereon (the “Content”). By using the Website, you agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Website, without limitation or qualification.  Call The Grandkids (“CTG”) reserves the right to change these Terms at any time, effective immediately upon posting on the Website.  Headings in these Terms are used for convenience only and are not to be used as an interpretation guide for these Terms.  If you do not agree to be bound by these Terms, please do not use the Website. 

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES.

1. Content - Proprietary Rights. You acknowledge that the Content is protected by copyrights, trademarks, trade secrets, or other proprietary rights throughout the world, and that these rights are fully owned by CTG,  its licensors or third-parties and are valid and protected in all forms, media and technologies existing now or hereinafter developed. You agree further that, as part of such Content, CTG or its licensors own a copyright in the selection, coordination, arrangement, and enhancement of the Website. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.  Notwithstanding the foregoing, you may make copies of select, non-substantial portions of the Content, provided that you properly attribute such Content to CTG and the Website and (a) the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices, or (b) you are permitted by the doctrine of fair use or fair dealing to do so.

2. Third Party Content. Where certain names, logos, designs, titles, links, words and phrases used in the Content may constitute trademarks, service marks, trade names or other intellectual property of third parties, you acknowledge that (a) no relationship between CTG and such third parties is implied by their use except as expressly set out on the Website, and (b) no license or privilege to same is conveyed or created by their use therein.  By using any such third-party Content, you acknowledge that CTG has no responsibility therefore, and that they may be subject to third-party terms and conditions.  Except as expressly stated on the Website, CTG does not endorse the accuracy or reliability of any third-party Content.

3. Trademarks. For greater certainty, and without limiting the generality of the foregoing, “Call The Grandkids” is a trademark or service mark of Call The Grandkids. These and other graphics, logos, service marks, trademarks and trade dress of Call The Grandkids. (collectively, the “Trade-Marks”) used on the Website may not be used without prior written consent of Call The Grandkids. No license to or interest in any CTG Trade-Marks is granted or given to you.

Disclaimers and Limitation of Liability. 

THE WEBSITE IS PROVIDED BY CTG ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE OF THE WEBSITE AND ALL CONTENT FOUND ON OR IN RELATION TO THE WEBSITE IS FULLY AT YOUR OWN RISK.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CTG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, HOWSOEVER ARISING, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 

Without limiting the foregoing, CTG does not make any representation or warranty of any kind, express or implied: (i) as to the operation of the Website, or the availability of the Content; (ii) that the Website will be uninterrupted or that the Content will be error-free (including, but not limited to, mistakes or omissions); (iii) as to the accuracy, completeness, reliability, usefulness or currency of any Content; (iv) that the Website, its servers, or email sent from or on behalf of CTG are free of viruses or other harmful components; or (v) that the Website or the Content thereupon is fit for any particular purpose.

Under no circumstances shall CTG, its affiliates, or any of its directors, officers or personnel (the “CTG Entities”), be liable for any damages that result from the use of or inability to use the Website, including but not limited to reliance by you or any other person on any Content obtained from the Website or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of nature, communications failure, theft, destruction, or unauthorized access to CTG records, programs, or services.  You hereby acknowledge that applies to all Content available through the Website.

Under no circumstances shall the CTG Entities be liable for any direct, indirect, incidental, special or consequential damages arising from the use of the Website, the use of any Content, or the purchase of any product therefrom.

The CTG Entities expressly disclaim any responsibility or liability for any Content, information, material or links posted by any user of the Website (“User Generated Content”).

Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.  If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.  In such circumstance only, the above disclaimers, limitations and exclusions apply to the extent, if at all, lawfully permitted.

4. Commenting Policy and User Generated Content. CTG does not censor User Generated Content based on ideological points of view. CTG reserves the right to delete that User Generated Content that is found to be abusive, off-topic, use excessive foul language, include ad hominem attacks, or include “spam”, at the sole discretion of CTG.  By submitting any User Generated Content to the Website, you hereby grant to CTG the royalty-free, worldwide, perpetual license to display, publish or otherwise use such User Generated Content on or in relation to the Website or the business of CTG.  CTG asks that all commenters and forum posters remain respectful of others.

5. Severability. The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

6. Acknowledgment. Except as otherwise agreed in writing between you and CTG, these Terms, including CTG’s Privacy Policy available here: callthegrandkids.ca?open=privacy-policy, represent the entire understanding between you and CTG regarding your use of the Website relationship with CTG.  These Terms will at all times be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without reference to principles of conflicts of laws.  By using the Website, you irrevocably attorn to the exclusive jurisdiction of the courts of the Province of British Columbia with respect to the resolution of any disputes relating hereto. 

Contact Us
If you have questions about these Terms or want to contact CTG for any reason you may do so by emailing CTG at hello@callthegrandkids.ca.

CALL THE GRANDKIDS - USER PRIVACY POLICY

This privacy policy (this “Policy”) describes the practices of Call The Grandkids and its corporate affiliates (“we”, “us”, “our”) with respect to our collection, use, storage and disclosure of personal information provided to us from users of (a) the website operated at callthegrandkids.ca and such other locations as made available from time to time (the “Website”), (b) any “app” or other front-end software provided by us (for greater certainty, excluding third party software that may interact with the Website or the Service, as defined below) that interacts or interfaces with the Website (the “Software”), and (c) our non-medical home care services made available through the Website and/or the Software (collectively, the “Service”).  It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.  This Policy is incorporated by reference to the General Terms of Use located at callthegrandkids.ca?open=terms-and-conditions, and forms an integral part of it.

1. Introduction and General Concepts
We respect and uphold individual rights to privacy and the protection of personal information.  We know how important it is to protect your personal information and want to make every customer experience safe and secure. In keeping with that goal, we have developed this Policy to explain our practices for the collection, use, and disclosure of your personal information.  

a) Personal Information
For the purposes of this Policy, “personal information” means information about an identifiable individual, including, for example, an individual’s name, home address, telephone number, social insurance number, sex, income and family status. Personal information does not include information that would enable an individual to be contacted at a place of business, for example an employee’s name, position or title, business telephone number, or business address.  We will only collect, use or disclose personal information in accordance with this Policy, or in accordance with laws applicable to the collection, use and disclosure of your personal information by us (“Applicable Privacy Laws”).

b) Non-Personal Information
On the other hand, “non-personal information” is any type of information other than personal information, and is excluded from this Policy.  For example, non-personal information would include business information, or information that enables an individual to be contacted at a place of business, for example an employee’s name, position or title, business telephone number, or business address.  Non-personal information also includes information that is anonymous or not about an identifiable information, such as web browsing information (such as the domain used to access the Website, or the type and version of device, browser or operating system being used to access the Service), or aggregate information that anonymizes the underlying data (like the number of visitors, what pages users visit, average time spent on the Website or on various parts of the Service).  We will collect, use or disclose non-personal information in accordance with our ordinary business practices, but always in accordance with any applicable laws.  This Policy, however, only covers our collection, use and disclosure of personal information.

c) Information about Minors
We do not knowingly collect personal information about any person under the age of majority (usually the age of 18 or 19, but it varies in different jurisdictions), and no such person, nor any parent or guardian as it relates to such person, should submit their personal information to us for any reason.  Please do not submit personal information about minors to us, whether through the Website, the Service or otherwise.  We require that persons under the age of majority in their legal jurisdiction instead have a parent or guardian do so on his or her behalf, and only use this service through such parent or guardian.

2. Collection and Use of Personal Information
As indicated above, we collect two types of information through our Service: personal information and non-personal information.  The types of information we collect about you will depend on the nature of your interaction with us or the Service.

a) Information we collect from you
We may collect the following personal information from you: 
- contact information such as name, email address, mailing address, phone number;
- billing information such as credit card number, and billing address;
- any information that you voluntarily enter, which may contain personal information as provided by you; and
- preferences information such as order history and marketing preferences.

b) Information we automatically collect
We also automatically gather information about your computer such as your IP address, browser type, referring/exit pages, operating system, as well as which aspects of our performance metric indicators available with our technology or our licensees’ products you prefer using.  Some of this may be personal information, but in typical cases it is non-personal information.  Specific examples follow:
- IP, etc.—When using our Website, we may collect the Internet Protocol (IP) address of your computer, the IP address of your Internet Service Provider, the date and time you access our Website, the Internet address of the website from which you linked directly to our Website, the operating system you are using, the sections of our Website you visit, the Website pages read and images viewed, and the content you download from the Website.  This information is used for Website and system administration purposes, and to improve the Website.
- Cookies—We use “cookies”, a technology that installs a small amount of information on a user’s computer to permit the Website to recognize future visits using that computer. Cookies enhance the convenience and use of the Website. For example, the information provided through cookies is used to recognize you as a previous user of the Website, to offer personalized content and information for your use, to track your activity at the Website, to respond to your needs, and to otherwise facilitate your Website experience. You may choose to decline cookies if your browser permits, but doing so may affect your use of the Website and your ability to access certain features of the Website or engage in transactions through the Website.

3. Use of Personal Information
We may use your personal information, in combination with your non-personal information, for a variety of business purposes, for example to:
- fulfill your order;
- send you an order confirmation;
- send you requested product or service information;
- send new product or service information;
- respond to customer service requests;
- send you a newsletter;
- carry out contests or promotions;
- send you marketing communications;
- respond to your questions and concerns;
- improve our Services and marketing efforts;
- conduct research and analysis;
- display content based upon your interests; and
- for other purposes as described in this Policy.

4. Your Consent 
We will collect, use, or disclose your personal information only with your knowledge and consent, except where required or permitted by Applicable Privacy Laws.  When you choose to provide us with your personal information you consent to the use of your personal information as identified in this Policy and as may be further identified at the time of collection.

a) Express Consent
Sometimes you will be asked to give your express consent to our collection, use or disclosure of personal information – for example, by being asked to check a box to indicate your consent to receive marketing communications in compliance with Canada’s anti-spam laws.

b) Implied Consent
Other times, you may provide your implied consent to our collection, use or disclosure of personal information when we can reasonably conclude that you have given consent by some action you have taken or an action you have decided not to take.  Generally, this occurs where the purpose for the use of your personal information would be reasonably apparent to you – for example, when you provide us with your address through forms while placing an order, you provide us with implied consent to use that address in order to fulfill your order.

c) Withdrawing Your Consent
You may notify us at any time that you wish to withdraw or change your consent to our use and disclosure or your personal information.  We will accommodate your request subject to legal and contractual restrictions.  The most common way of indicating this withdrawal of consent is (i) by changing your privacy preferences to the extent such functionality is made available through the Service, or (ii) or stopping use of the Service.  In other situations, you may be able to opt out of the use of your personal information.  For example, if you have "opted in" or subscribed to one of our mailing lists, we will always provide you the opportunity to "opt out" or unsubscribe.  For example, if you receive emails from us, we will provide a link in the email which you can use to unsubscribe from that mailing list, or you may contact us at hello@callthegrandkids.ca.
You may also choose not to provide us with your personal information. However, if you make this choice we may not be able to provide you with the Service, or information that you requested. 

5. Information Obtained from Third Parties
If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us and in accordance with this Policy and such policy under which that information was collected. 

6. Disclosure and Sharing of Your Information
We will share your personal information with third parties only in the ways that are described in this Policy. We will not sell your personal information to third parties, however the use of our Service necessarily requires some sharing or disclosure of your personal information.  Some of these activities may result in personal information collected by us being stored or processed in the United States or elsewhere outside of Canada and, as a result, your personal information may be accessible to law enforcement and regulatory authorities in accordance with the USA PATRIOT Act and other applicable laws of the United States or elsewhere.

a) Third Party Processors
We may provide your personal information to companies that provide services to help us with the Service such as web hosting providers, payment processors, product shipping providers, fulfilment agencies, or customer service agencies (“Third Party Processors”). These Third Party Processors are authorized to use your personal information only as necessary to provide these services to us, and in a manner consistent with this Policy.  We have selected Third Party Processors who will only use your information in compliance with this Policy, but they may have their own specific policies regarding the collection, use and personal information.  We will use commercially reasonable efforts to identify such Third Party Processors when we are collecting your personal information, as well as providing links to the relevant privacy policies that may apply.

Here are some examples of the Third Party Processors we use as part of the Service:
- We do not directly process payments through our Service.  We use Intuit QuickBooks and their privacy terms are available on their website (quickbooks.intuit.com/ca/). We only ourselves collect and store limited parts of that information to provide a record of your transaction (such as a part of a credit card number, or a part of your billing address).
- When you submit information using our contact form, our web hosting provider assists us with sending your message. We use Strikingly and their privacy terms are available on their website (strikingly.com).

b) Further Disclosures
We may also disclose your personal information (i) as required by law such as to comply with a subpoena, or similar legal process, (ii) when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request, or (iii) to any other third party with your prior consent to do so.

c) Third Party Links
Our Service may contain links to other websites or Internet resources which are provided solely for your convenience and information. When you click on one of those links you are contacting another website or Internet resource. We have no responsibility or liability for, or control over, those other websites or Internet resources or their collection, use and disclosure of your personal information.  We encourage you to read the privacy policies of those other websites to learn how they collect and use your personal information.

7. Security of Personal Information 
a) General Security Practices
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. We employ physical, administrative, contractual and technological safeguards to protect personal information, and insist that our service providers do the same.   We insist that our personnel, and those of our providers, only access and use personal information in order to properly perform those duties, and even then only to the strict extent necessary to perform them.

b) Online Security
We follow generally accepted industry standards to protect personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure, and so you should always exercise caution when disclosing sensitive information over the Internet.
If you have any questions about security on our Website, you can contact us at hello@callthegrandkids.ca.

8. Requests for Access to and Correction of Personal Information
Applicable Privacy Laws allow, to varying degrees, individuals the right to access and/or request the correction of errors or omissions in his or her personal information that is in our custody or under our control. This includes: 
- identification of personal information under our custody or control;
- information about how personal information under our control may be or has been used by us; and
- the names of any individuals and organizations to which the individual’s personal information has been disclosed.
We will respond to requests within the time allowed by Applicable Privacy Laws and will make every effort to respond as accurately and completely as possible. Any corrections made to personal information will be promptly sent to any organization it was disclosed to.
In certain exceptional circumstances, we may not be able to provide access to certain personal information it holds about an individual. If access cannot be provided, we will notify the individual making the request within 30 days, in writing, of the reasons for the refusal. 

9. Removal of Your Information
We keep your information only as long as we need it for legitimate business purposes and to meet any legal requirements. Personal information used to make a decision that directly affects an individual will be kept for at least one year after such a decision. We have retention standards that meet these parameters. We destroy your information when it is no longer needed or required to be kept, or we remove your personally identifiable information to render it anonymous.

10. Updates or Changes to Privacy Policy
We may update this Policy to reflect changes to our information practices. If we make any material changes we will either (a) notify you by email (sent to the e-mail address specified in your account), or (b) provide a notice on the Website or otherwise through the Service prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Any change to this Privacy Policy will become effective on the date so indicated, and will apply to information collected from the date of the posting of the revised privacy policy and to existing information held by us.  The date on which the latest update was made is indicated at the bottom of this document.  We recommend that you print a copy of this privacy policy for your reference and revisit this policy from time to time to ensure you are aware of any changes.  Your continued use of the Service signifies your acceptance of any changes to this Policy.

11. Contact Information
You can direct any questions or concerns regarding our compliance with this Policy by emailing at: hello@callthegrandkids.ca
If you are not satisfied with our response to your question or concern you may be able to make a complaint under Applicable Privacy Laws.  

End of Privacy Policy (Last Updated: September 3, 2018).