Thank you for your interest in the DIVINE website (the “Site”), owned and operated by JACS Communications Inc. (“us”, “our”, and “we”). We believe in giving you full disclosure about the kinds of personal information we gather and what we do with it, as well as giving you a choice about the use of your personal information.
We respect your privacy and believe the best way to serve you through the Site is with honesty, accountability and adherence to industry best practice as well as all applicable legal standards. We are extremely sensitive to the issue of privacy and have structured the features of the Site to minimize the requirement to collect Personal Information (as defined below), and to maximize your control over the collection, use and disclosure of any Personal Information.
WHAT INFORMATION DO WE COLLECT?
We may collect two types of information from visitors to the Site: Personal Information and Non-Personal Information.
“Personal Information” includes your name, email address, mailing address, credit card information and other personally identifiable details.
“Non-Personal Information” is any information that cannot be associated with an identifiable individual, such as aggregated statistical information and the average length of time users spend visiting the Site, or other anonymous information, such as the type and version of browser being used to access the Site or application.
We will collect Personal Information with consent or only where it is voluntarily provided by the individual. If you send an e-mail to us, or fill out our “feedback” form through the Site, we will collect your e-mail address and the full content of your e-mail, including attached files, and other information you provide. We may use and display your full name and email address when you send an email notification to a friend through the Site or the social network from which you have connected to the Site or application (such as in an invitation, or when sharing your content).
We may also collect information about you from a social network website you may be a member of or have connected from, in order to provide you with a more personalized experience. In some cases, we may collect psychographic data from third parties that help us better understand our users.
PERSONAL INFORMATION REQUIRED FOR CONTESTS
You may be able to enter a promotion or contest through the Site. On the online entry form, we ask for Personal Information such as the entrant’s name and address. Unless otherwise specified in the applicable contest rules, this Personal Information is collected, used and/or disclosed solely for the purpose of awarding promotion or contest prizes, tracking compliance with the official rules and regulations and for internal feedback purposes. We will only use and disclose a promotion or contest winner’s name and photograph after receiving prior written consent from the winner (or their parent or legal guardian, if the winner is under the age of majority in his or her Province of residence) and the appropriate release forms are fully completed and returned to us.
WHAT ARE YOUR CHOICES?
We do not sell or otherwise share Personal Information about you without your prior approval. On the page where we ask for that information, there is a prominently displayed method to indicate to us that you do or do not want to receive promotional and/or marketing information about products, services and offerings. It is always your choice, if you choose not to receive promotional and/or marketing information we consider it an opt-out. Your consent to use Personal Information can be withdrawn at any time by unsubscribing in the manner provided on each piece of promotion and/or marketing information we send to you.
WHAT ARE COOKIES AND HOW ARE THEY USED?
Cookies are small data files that your browser may place on your computer when you visit different websites to mark that you have been there. Cookies and other technologies, such as your device’s unique identifier, are used on our website to maximize the website-browsing experience. For example, they allow us to track a browser’s movement through the website over several sessions. Through these technologies, the website can recognize repeat visitors, facilitate the visitor’s access to and use of the website and allows the website to track usage behaviour that will allow content and service improvement and enable us to tailor our website and advertising to better match your interests and preferences. We may also use these technologies to allow you to select and prioritize your preferences when you enter the Site.
WHY IS THE PERSONAL INFORMATION COLLECTED?
We may collect your Personal Information in order to enable us to make general improvements to the Site, ensure that content standards of the website or application are rigorously upheld, enable us to contact you (for example, registration is needed to enter certain promotions or contests) and better serve your specific interests. You may choose not to provide your Personal Information, but this may lead to decreased functionality of the Site for you and will prevent us from providing you with certain products or services. However, you can still access and visit many of the Site’s features. We may also request you to voluntarily provide Personal Information that is not required to access features of the Site.
For example, we may collect information from you to allow you to:
- Join a club or become a member;
- Enter a promotion or contest;
- Subscribe to our e-mail newsletter;
- Respond to online questionnaires;
- To participate in interactive online activities (such as games, chatrooms or bulletin boards);
- To shop online at our and/or our contractor’s website; or
- To contact us to make requests or comment on our services.
In addition to using Personal Information to keep in contact with users we may use your information for the following purposes: (i) to better understand viewer and user needs and preferences; (ii) to improve the content and format of the Site; (iii) to notify you about updates to the Site; (iv) to keep you informed and market products and services (both ours and third parties’); (v) to establish your eligibility for special offers and discounts; (vii) to complete business transactions; (vii) to contact you as part of a promotion; (viii) to administer individual accounts; (ix) to provide customer support; (xi) to personalize your experience and make content recommendations; and (x) to comply with applicable legal requirements.
WHY IS THE NON-PERSONAL INFORMATION COLLECTED?
Non-Personal information is used to assess general usage patterns, including identifying repeat users, collect demographic information, for research and analytical purposes, to provide advertisements about goods and services of possible interest to you, to administer and make improvements to the Site to tailor our visitor’s experiences at the Site and display content according to their preferences so as to make it more useful to you and other users. We, including any of our affiliates or such other third party as we may designate reserve the right to use, maintain, update, disclose and/or sell anonymous, aggregated information to third parties.
If you would like more information about this practice and to know your choices about not having this information used by these companies, visit youradchoices.ca. Rest assured that we nor any third parties acting on our behalf collect browsing information respecting the use of the Site by children, nor do we target advertising to children based on browsing activity.
WITH WHOM DO WE SHARE INFORMATION?
We work closely with a number of parties who may perform functions on our behalf, including fulfilling orders or other third party content, providing promotional materials to our users, sending e-mail, managing, compiling and processing data, administering promotions or contests, or providing our audiences with information. Data, including Personal Information, may be stored or processed outside Canada or in the cloud on servers or databases where it will be subject to the laws of the jurisdiction in which it resides. We do not disclose your Personal Information to these parties except to the extent necessary to enable them to provide the specific services to you or on your behalf. We will ensure that third party service providers are contractually bound to maintain the confidentiality of your Personal Information and are prohibited from using your Personal Information for any other purpose.
In the event of a proposed or actual sale of all or a substantial portion of our business or assets, your Personal Information may be disclosed to potential buyers where necessary to determine whether to proceed with the transaction. Where such a transaction is completed, your Personal Information may be among the transferred assets. In such event, the purchaser will continue to be subject to the confidentiality obligations posted herein.
LINKING TO OUR BUSINESS PARTNERS’ AND THIRD PARTY CONTENT/WEBSITES
The Site may include social media features, such as the Facebook “Like” button or may also permit you to link to other social media websites on the Internet, including Twitter, Facebook, Pinterest and Tumblr (such sites and any others are each referred to as a “Social Media Site”). By accessing the website through a Social Media Site, mobile device or other third party platform or service or by connecting to such a platform or service via the website, these features may collect information about your IP address and which page you are visiting, and may set a Cookie or we may be authorized to collect, store, and use Personal Information as permitted by your user agreement and your settings with such Social Media Site, mobile device or other third party platform. Social media features and widgets are either hosted by a third party or hosted directly on the Site. Your interactions with those features are governed by the privacy policies of the companies that provide them.
”REFER A FRIEND” OR “SHARING” FEATURES
If you choose to use a referral service to “tell a friend” about the website, a specific article or feature on the website, or a promotion or contest that is running, we may ask you for your friend’s name and email address. We will then send your friend an email on your behalf inviting him or her to visit the relevant webpage or check out the website. We store your friend’s name and email for a short period for the sole purpose of sending this email and for redundancy checking, to be sure that your friend does not receive multiple copies of the same email message. We do not keep or use this information for any other purpose.
HOW WE PROTECT YOUR PERSONAL INFORMATION
We have policies and procedures in place to protect the integrity, privacy and confidentiality of the information that we collect and maintain, including contracts with third parties that manage the information provided by you. All Personal Information is stored on secure servers, behind a firewall at a data center with strictly controlled access. Please be aware that, despite our best efforts, no security measures are perfect or impenetrable. We review our security procedures on a regular basis to consider new technology methods. Only individuals specifically involved in the analysis and other functions set out herein have access to your Personal Information.
To help ensure the privacy of your information, we urge you not to share your user name and password with anyone and recommend that you change your password frequently and store it in a safe place. If you are asked to create a user name or password, please select words that do not personally identify you. We may offer “auto login” which allows users to enter member areas of our website without re-entering password information. You may want to disable auto login on your device, in order to prevent access by unauthorized users of your device.
UPDATING/DELETING YOUR INFORMATION
Your Personal Information will be kept as reasonably necessary for the intended purpose or as required by law. Once your Personal Information is no longer necessary or is required by law to be no longer retained, your Personal Information will be destroyed or de-identified.
WITHDRAW OF CONSENT AND CONTACT INFORMATION
You may withdraw your consent to the use of your Personal Information in the manner provided herein or at the time of collection at any time, subject to legal obligations and on providing us reasonable notice, by contacting us by phone at 416.408.4904, by e-mail at email@example.com or by mail at JACS DIVINE/ Communications Inc., 99 Yorkville Ave., Suite 200, Toronto, Ontario, M5R 1C1. Please be aware that withdrawing your consent may prevent us from providing you with the communications and services that we currently makes available to you.
Terms & Conditions
Links to Third Party Sites & Services
The Site contains links to and from other websites operated by third parties. We make no representations whatsoever about any third party content that you may access from the Site, or about any website from which you may access the Site and/or which may be linked to the Site. We provide third party content and links only as a courtesy to our users, and such links / content do not imply our endorsement of any linked website / content. The linked websites / content are not under our influence or control, and we are not responsible for any third party content or the contents of any linked website or subsequent links from that website. Please review the linked websites’ use agreements, and if you do not agree to be bound by the terms, we recommend that you terminate your use of that service or your visit to the website.
You acknowledge that all content and materials available on the Site, including the selection, co-ordination, arrangement and enhancement of such content, as well as content original to it, are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by us or our licensors or has obtained the necessary permission of the owner of the intellectual property in such content to use the content on our Site. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks of, or used under licence by, us. The use or misuse of any of these materials is strictly prohibited. DIVINE, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Site.
You shall not use the Site to post, transmit, upload, distribute or publish any content that is libelous, seditious, defamatory, blasphemous, fraudulent, invasive of another’s privacy, tortious, obscene, pornographic, abusive, infringing or otherwise illegal, as determined in our sole discretion. You agree to comply with all applicable local, provincial, state, federal and international laws, regulations and treaties while using the Site, and shall refrain from any abusive use of the Site. In particular, you may not use the Site in any manner so as to harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or discomfort to any person. This prohibition extends to any comment or conduct that is vulgar, hateful, racially or ethnically offensive, or otherwise objectionable.
Disclaimer of Warranties
You expressly agree that all materials, information, software, products, and services included in or available through the Site are provided “as is” and “as available” for your use and that you use the Site and any content you choose to download at your sole risk. We do not in any way warrant, either expressly or by implication, including warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose or otherwise, other than those warranties which are incapable of exclusion, restriction or modification under applicable law. DIVINE and its employees, officers, directors, shareholders, agents, consultants, contractors or licensors, makes no warranty that: (i) the content of the Site or any service or merchandise provided through it, is accurate, reliable or correct; (ii) the Site or any linked website, will be available at any particular time or location; (iii) any defects or errors will be corrected; (iv) the content is free of viruses or other harmful components; (v) or you will achieve successful results from following any instructions, directions or recommendations on the Site.
Limitation of Liability
Under no circumstances shall DIVINE or its respective employees, officers, directors, shareholders, agents, consultants, contractors or licensors, be liable for any damages in law or in equity, including direct, indirect, punitive, incidental, special or consequential damages that result from the use of, or inability to use, the Site or from information provided on the Site or from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, and the risk of any injury from the foregoing rests entirely with you. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis including any defamatory, offensive or illegal conduct of other users or third parties, even if we have been advised of the possibility of such damage because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. Our liability in such jurisdictions shall be limited to the extent permitted by law.
By choosing to access the Site from any location other than Canada, you accept full responsibility for compliance with all local laws that are applicable. DIVINE makes no representation that materials on the Site are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited.
Choice of Law
Integration and Severability
Unauthorized Use and Termination
You agree to use the Site only for authorized and legal activities. We reserve the right, in our sole discretion, to terminate your access to all or part of the Site, with or without notice and for any reason whatsoever.
Last updated May 1, 2019.