TERMS AND CONDITIONS OF USE
Last updated: April 22, 2020
PLEASE READ THE TERMS AND CONDITIONS BEFORE USING THIS SITE
The following terms and conditions govern and apply to your use of the site maintained by Groupe Nvira Inc.
By accessing or browsing the site, you acknowledge that you have read and understood the terms and conditions of use and agree to be bound by them. Note that we may change the terms and conditions of use at any time without notice. Your continued use of the site will be deemed to constitute your acceptance of the revised terms and conditions.
1. INTELLECTUAL PROPERTY
All intellectual property on the site, other than user‑generated content as defined below, is owned by us or our licensors, and includes any material protected by copyright, trademark or patent. All trademarks are owned, registered and/or used under licence by Nvira. All content on the site, other than user‑generated content as defined below, and including but not limited to text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features and any other content, is a collective work under Canadian law or any other copyright law and is the property of Groupe Nvira Inc. The material on this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed or modified in whole or in part, in any format, including text, graphics, audio, video or executables, without our written permission.
All rights reserved.
2. USE OF COMPANY CONTENT
We may provide you with certain information as a result of your use of the site, including but not limited to any documents, data or information developed by us, or any other material that may assist you in the use of the site or services (the “company content”). Company content may not be used for any purpose other than the use of the site and the services offered on the site. Nothing herein can be construed as granting you a licence or intellectual property rights.
3. USER-GENERATED CONTENT
“User‑generated content” includes communications, information, elements, data, opinions, photos, profiles, messages, notes, hyperlinks, textual information, designs, graphics, sounds or any other content that you and/or other users of the site publish or make available on or through the site, except for the content that is our property.
4. ACCEPTABLE USE OF THE SITE
You agree not to use the site for any unlawful purpose or for any other purpose prohibited by this clause. You agree not to use the site in any way that could harm the site, services or commercial activity of Groupe Nvira Inc. You also agree not to use the site for the following purposes:
a) Harassing, abusing or threatening others or otherwise violating the rights of any person;
b) Violating the intellectual property of Groupe Nvira Inc. or any other third party;
c) Downloading or transmitting computer viruses or any other software that could damage the property of Groupe Nvira Inc. or others;
d) Committing fraud;
e) Creating or participating in illegal gambling, lottery or pyramid schemes;
f) Publishing or distributing obscene or defamatory material;
g) Publishing or distributing any material that incites violence, hatred, or discrimination of any group;
h) Illegally collecting information about others.
5. PRIVACY PROTECTION
When using our site, you may provide us with certain information. By using the site, you authorize us to use your information in Canada and in any country in which we may operate.
We may also receive information from external applications that you use to access our site, or we may receive information about you through various web technologies such as cookies, histories, invisible pixels (also called “invisible GIFs”), tags and others. We use the information collected from you to ensure that your browsing experience is as smooth as possible. We can also trace some of the passive information received to improve our marketing and analytics, and to do so, we may work with third-party vendors. If you wish to block our access to any passive information that we receive from the use of various technologies, you may choose to disable cookies in your web browser.
6. REVERSE ENGINEERING AND SECURITY
The following actions are strictly forbidden:
a) Using reverse engineering or disassembling any code or software from or on the site;
b) Violating or attempting to violate the security of the site by any unauthorized access, bypassing encryption or any other security tool, exploiting data, or interfering with any host, user or network.
You agree to defend, compensate and hold harmless Groupe Nvira Inc. and its affiliated companies against any claim, suit or demand, including legal fees, that may arise out of or relate to your use or abuse of the site, your violation of this agreement or your conduct and actions. If we choose to do so, we will choose our lawyer and participate in our own defence.
8. INTERRUPTIONS OF SERVICE
We may have to interrupt your access to the site to perform unplanned maintenance or emergency work. You agree that your access to the site may be affected by unplanned or unforeseen downtime for any reason and that we will not be liable for any damages or losses arising from such unavailability.
9. NO GUARANTEE
Although we have made reasonable efforts to ensure that the site’s content is accurate, we cannot guarantee that the content is free of errors, current or complete. We cannot, under any circumstances, be held responsible for any damage that may arise from an error on the site.
We assume no responsibility for any damage resulting from the misuse of the site’s content. Furthermore, we cannot guarantee that the site will be available without interruption, error or omission, or that defects will be corrected. It is also not possible to guarantee that the site and the servers that make it available are free of viruses or harmful components. The site and its contents are provided “as is” and “subject to availability” without any declaration, warranty or condition of any kind, express or implied.
If you decide to subscribe to site services or features that require a subscription, you agree to provide accurate and up-to-date information about yourself as required by the relevant registration or subscription process, and ensure its accuracy by making the necessary updates as soon as possible. You agree to ensure the confidentiality of all passwords or other account identifiers that you have chosen or that you will be assigned at the time of registration or subscription to Groupe Nvira Inc. or its partners, and you agree to assume responsibility for all activities related to the use of these passwords or accounts. In addition, you agree to notify us of any unauthorized use of your password or member account. We cannot be held liable, directly or indirectly, for any loss or damage of any nature whatsoever resulting from the failure to comply with this provision or related to such default.
You acknowledge that we may, in our sole and absolute discretion and without notice, suspend, cancel or terminate your account, use of or access to the site or any of its services, and remove and delete any information or content relating to the site or any of the services offered (and terminate your use thereof), for any reason whatsoever, including if we believe that you have violated these terms. In addition, you acknowledge that we will not be liable to you or to anyone as a result of such suspension, cancellation or termination. If you are dissatisfied with Groupe Nvira Inc. or any of its services, or with any of these conditions, rules, policies, guidelines or practices relating to the operation of Groupe Nvira Inc. or any of its services, your only recourse is to stop using the site or service in question.
a) Personal information collected, personal information processed and method used to collect personal information
In accordance with the provisions of article 5 of European Regulation 2016/679, the collection and processing of your personal information will respect the following principles:
- Lawfulness, fairness and transparency – Personal information cannot be collected and processed without your consent. We will inform you every time personal information is collected and explain why it is being done.
- Limited purposes – Personal information will be collected and processed for one or more purposes that are specified in these terms and conditions of use.
- Minimization of the collection and processing of personal information – Only personal information that is necessary for the achievement of the site’s specified purposes will be collected.
- Storage of personal information for a limited time – Personal information will be stored for a limited time, and you will be informed of this period.
- Integrity and confidentiality of personal information collected and processed – The privacy officer will ensure the integrity and confidentiality of the personal information collected.
In accordance with the requirements of article 6 of European Regulation 2016/679, the collection and processing of personal information is lawful only if and to the extent that at least one of the following applies:
You have expressly consented to the processing of your personal information:
- Processing is necessary for the successful performance of a contract;
- Processing is necessary for compliance with a legal obligation;
- Processing is necessary in order to protect the vital interests of the information subject or of another natural person;
- Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority;
- Collecting and processing personal information is necessary for the purposes of the legitimate private interests pursued by the privacy officer or by a third party.
The following personal information is collected on the site:
- Location data
- IP address
This personal information is collected when you do any of the following on the site:
- Browse the website
The privacy officer will keep all personal information collected for a period of five (5) years in their computer systems and under reasonable security conditions, unless you ask for its removal before the expiry of this period.
When personal information is saved, you are informed of the length of time for which your personal information will be retained, and when this duration cannot be specified, the entity owning the site will inform you of the criteria used to determine it.
The collection and processing of personal information serves the following purposes:
The privacy officer can be reached by calling 1-877-809-5478 Monday to Friday, from 8 a.m. to 5 p.m.
b) Information on location, age, gender, city, country and IP address is recorded to more precisely target advertisements the user sees.
c) Data hosting
The site is hosted by Hébergement Web Canada, headquartered at:
7250 Rue Clark #301, Montréal, Québec H2R 2Y3 Canada
The host may be contacted at the following number: 1 514 504-2113.
The personal information collected and processed by the site is transferred to the following country or countries: Canada.
This transfer of personal information outside the European Union is justified by the following reasons:
The personal information is hosted in the United States because the host’s head office is located there.
The personal information is hosted in Canada because the host’s head office and Nvira’s head office are located there.
d) Privacy officer
The privacy officer is Véronique Brisson, a Groupe Nvira Inc. employee. He can be reached as follows:
The privacy officer can be reached by calling 1-877-809-5478 Monday to Friday, from 8 a.m. to 5 p.m.
e) Data protection officer
The following person has been appointed data protection officer: Véronique Brisson, a Groupe Nvira Inc. employee.
The data protection officer can be reached as follows:
The data protection officer can be reached by calling 1-877-809-5478 Monday to Friday, from 8 a.m. to 5 p.m.
f) Personal information of minors
In accordance with the provisions of article 8 of European Regulation 2016/679, only minors aged 15 or over can consent to the processing of their personal information.
If you are a minor under the age of 15, the consent of a legal representative is required so that your personal information can be collected and processed.
g) Rights and procedures for the implementation of your rights
In accordance with regulations on the processing of personal information, you have the rights listed below.
In order for the privacy officer to comply with your request, you must provide them with your first and last name and email address.
- Right of access, rectification and right to be forgotten
You may review, update, modify or request the deletion of your personal information by following the procedure below:
The user must email the privacy officer at the address provided above and specify the subject of their request.
- Right to portability of personal information
You may request the portability of your personal information held by the site to another site by following the procedure below:
The user must email a portability request to the privacy officer at the address provided below.
- Right to limit and object to the processing of personal information
You have the right to object to the processing of your personal information by the site or to request limited processing. The site cannot refuse such a request unless it can demonstrate the existence of legitimate and compelling reasons that may prevail over your interests, rights and freedoms.
h) Obligations of the privacy officer
The privacy officer undertakes to protect the personal information collected, not to pass it on to third parties without your knowledge and to respect the purposes for which the personal information was collected. The site has an SSL certificate to guarantee that the information and the transfer of data passing through the site are secure.
In addition, the privacy officer agrees to notify you of any rectification or deletion of personal information, unless this results in disproportionate formalities, costs and procedures.
In the event that the integrity, confidentiality or security of your personal information is compromised, the privacy officer undertakes to inform you by any means.
This consent is considered valid for a period not exceeding 13 (thirteen) months. At the expiry of this period, the site will ask you again for your authorization to save cookies to your hard drive.
You have the right to object to the saving of these cookies by configuring your web browser.
Should you decide to disable cookies, you may continue using the site. However, any malfunction resulting from disabling cookies may not be considered of our making.
c) Description of the cookies used by the site
The following cookies are used as you browse the site:
- Cookie: Google Analytics; Issuer: Nvira; Purpose: Analyzing browsing habits
- Cookie: HubSpot; Issuer: Nvira; Purpose: Analyzing browsing habits
- Cookie: Google Ads; Issuer: Nvira; Purpose: Advertising
- Cookie: Facebook Ads; Issuer: Nvira; Purpose: Advertising
- Cookie: Facebook pixel; Issuer: Nvira; Purpose: Advertising
As you browse the site, third‑party cookies may be saved.
These cookies are primarily from the following third parties:
In addition, the site integrates social network buttons allowing you to share your activity on the site. Cookies from these social networks are therefore likely to be stored on your computer when you use these features.
These sites have their own privacy policies and terms and conditions of use that may differ from ours. Please consult the privacy policies and terms and conditions of use of these sites.
12. LIMITATION OF LIABILITY
We are in no way responsible for any damages you may suffer as a result of your use of the site, to the fullest extent of the law. The maximum liability of Groupe Nvira Inc. resulting from your use of the site is limited to the highest of the two following amounts: one hundred (100) Canadian dollars or the amount paid to Groupe Nvira Inc. in the last six months. This is valid for all claims, including but not limited to loss of profits or income, indirect or punitive damages, negligence, civil liability, or fraud of any kind.
13. ADDITIONAL QUESTIONS AND INFORMATION
If you have any questions or require further information, please contact us at the following address: email@example.com.