STUFF OUR LAWYERS SAY
1. The Web Site, including any web pages, text, photographs, images, illustrations, graphics, sound, video, software, logos, graphics, icons and other data, elements, or information contained in the Web Site (the “Content”) is provided for general informational purposes only. You may view and print out web pages from the Web Site for personal, informational, and non-commercial use only. Except as expressly permitted by Kozy Shack, you may not use the Web Site or the Content for any commercial purposes whatsoever.
2. THE LAWS OF THE PROVINCE OF BRITISH COLUMBIA AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN SHALL APPLY TO ALL MATTERS RELATED TO THE USE OF THIS WEB SITE WITHOUT REGARD TO CHOICE OF LAW PROVISIONS, AND THAT ANY SUCH MATTERS WILL BE SETTLED OR ADJUDICATED IN THE APPLICABLE PROVINCIAL OR FEDERAL COURT IN VANCOUVER, BRITISH COLUMBIA. YOU AGREE TO SUBMIT TO THE JURISDICTION OF, AND ACCEPT THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
3. THIS WEB SITE IS AVAILABLE TO RESIDENTS OF CANADA ONLY. YOU MUST BE GREATER THAN NINETEEN YEARS OF AGE TO USE THIS WEB SITE. ACCESS OR USE OF THIS WEBSITE IN ANY OTHER JURISDICTION IS PROHIBITED. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE WHETHER YOUR USE OF THE WEBSITE IS LAWFUL, AND YOU MUST COMPLY WITH ALL LAWS APPLICABLE IN YOUR JURISDICTION.
4. The Content is the exclusive property of Kozy Shack or, as applicable, its parent, affiliates, suppliers and partners, and is protected under the copyright laws of Canada, the U.S. and other countries. For clarity, “Content” includes the selection, coordination and arrangement of data, elements or information on the Web Site.
5. You may not use the Web Site to engage in any unlawful activity or to infringe the rights of Kozy Shack, its parent, partners, affiliates, licensors, or related entities. You further agree that you will not and you will not allow your employees or agents to: (i) interfere with the operation of the Web Site in any way or interfere with anyone's use or enjoyment of the Web Site, or use the Web Site to gain unauthorized access to any computer systems; (ii) transmit any unlawful, harassing, libelous, defamatory, abusive, threatening, or harmful material of any kind or nature or transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law or regulation; (iii) impersonate any person or entity on or through the Web Site; (iv) post any content that may be considered threatening, abusive, vulgar, obscene, or otherwise objectionable; or (v) copy, reproduce, republish, upload, post, transmit, distribute, modify, sell, lease, scrape Content from or aggregate, sublicense, market, or otherwise use, change or commercially exploit in any way the Web Site or any of the Content other than as may be expressly permitted in writing by Kozy Shack (and only provided you do not modify it or alter or remove any marks, disclaimers or copyright or trade-mark notices) or as permitted pursuant to any fair use, fair dealing, or similar provisions of applicable laws. You agree to abide by all additional rules, policies, and restrictions of which you are provided with notice that apply to the Web Site. Kozy Shack neither warrants nor represents that the Content will not infringe the rights of third parties not owned or affiliated with Kozy Shack.
6. Kozy Shack appreciates hearing from you, however, in your communications with us, please keep in mind that any communication or material you transmit to or through any of our Web Sites by e-mail or otherwise, including any data, questions, comments, creative suggestions, ideas, concepts, products, photos, marketing or promotional plans or strategies, or the like, will immediately be deemed and shall remain the exclusive property of Kozy Shack. You understand and acknowledge that Kozy Shack has the resources which may have developed or may in the future develop ideas identical to or similar to your suggestions or comments and that Kozy Shack is only willing to consider suggestions and ideas on the terms set forth herein. Any suggestion, idea, or comment is not submitted in confidence and Kozy Shack assumes no obligation, express or implied, by considering it. Without limitation, Kozy Shack shall exclusively own all now known or hereafter existing rights to the suggestions, ideas or comments of every kind and nature and Kozy Shack shall be entitled to unrestricted use of the suggestions, ideas or comments for any purposes whatsoever, commercial or otherwise, including, but not limited to, reproduction, disclosure, transmission, publication, broadcasting or posting without any compensation to the provider of the suggestions, ideas or comments.
7. Although Kozy Shack uses commercially reasonable efforts to include accurate and up-to-date information on this Web Site, Kozy Shack makes no warranties or representations as to its accuracy. Kozy Shack assumes no liability or responsibility for any errors or omissions in the Content of the Web Site.
9. YOUR ACCESS TO, USE OF, AND BROWSING IN, THIS WEB SITE IS AT YOUR OWN RISK. KOZY SHACK DOES NOT GUARANTEE THE QUALITY, ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION PROVIDED ON THE WEB SITE. INFORMATION CONTAINED ON THE WEBSITE MAY CONTAIN ERRORS. NEITHER KOZY SHACK NOR ANY OTHER PARTY INVOLVED IN CREATING THIS WEB SITE IS LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, BROWSING OR USE OF, THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS TO, USE OF, OR BROWSING IN, THIS WEB SITE OR YOUR DOWNLOADING OF ANY CONTENT. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEB SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
11. This Web Site may from time to time contain information relating to various medical, health, and fitness conditions. This is for general informational purposes only and is not meant to be a substitute for the advice provided by your own doctor or other medical professional. You should not use the information contained herein for diagnosing your health or fitness problem or disease. You should always consult your own doctor and medical advisors.
14. Kozy Shack provides commercially reasonable security, administrative, physical and technological measures to protect this Web Site, however, you understand and acknowledge that certain risks are inherent in the transmission of information over the Internet. The privacy, integrity or authenticity of any communication over the Internet between you and Kozy Shack cannot be ensured. Kozy Shack is not responsible for any damages you may suffer, or liability you may incur, if you communicate confidential information over the internet or if Kozy Shack communicates such information to you at your request. You agree to keep any log in credentials granted to you by Kozy Shack for use of the Web Site confidential and to take full responsibility for use of such credentials.
ASK US ABOUT YOUR PUDDING.
We know that your privacy is important to you, and we work hard to earn and keep your trust. We have created this Policy to let you know what Personal Information we collect when you access, use or browse this Web Site, why we collect Personal Information, how we use and share the Personal Information we collect, whom Personal Information may be disclosed to and how we protect your privacy.
If you have any questions about this Policy or our privacy practices, please contact us (see "Contact Us" below)
The terms “Kozy Shack,” “we,” “us,” and “our” refer to Kozy Shack Enterprises, LLC.
The term “Personal Information” has the same meaning as in Canadian privacy legislation. For clarity, Canadian privacy legislation defines “Personal Information” broadly as information about an “identifiable individual” or as information that allows an individual to be identified.
References to this “Web Site” refer to “www.kozyshack.ca”, the web site owned by Kozy Shack Enterprises, LLC.
The term “User-Generated Content” refers to all of the text, photographs, images, illustrations, graphics, sounds, video, audio-video clips, and other content you may post on or through this Web Site. One way that User-Generated Content differs from other information you provide to us is that, once submitted, User-Generated Content is made available instantaneously to others who visit this Web Site. Examples of User-Generated Content include comments posted to discussion boards and reviews of products available on this Web Site.
2. Your Consent
4. Why We Collect Personal Information
We collect and use your Personal Information primarily for the purpose of providing you with the products and services you have requested from us through our Web Site. In addition, we may collect, use and disclose Personal Information for the following purposes:
(a) to understand and respond to the inquiries, needs and preferences of our users and other individuals, including to communicate and to conduct research and surveys;
(b) to administer contests and promotions, including to use winner names and selected other information for the purposes of contacting, announcing and promoting the winners of the contest;
(c) with appropriate consent, to distribute newsletters, press releases, promotional information and other material to individuals, in any format or media, including via third party service provider;
(d) to develop, enhance, market, sell, provide, and inform individuals of, the products and services of a Kozy Shack affiliate and those of third parties with whom Kozy Shack has a commercial relationship;
(e) with appropriate consent, to a third party to enable the third party to communicate with you, including for marketing and advertising purposes;
(f) to detect and protect Kozy Shack and other third parties against error, negligence, breach of contract, theft, fraud and other illegal activity, to comply with Kozy Shack audit requirements, and to audit compliance with Kozy Shack corporate policies, procedures, laws and contractual obligations;
(g) as permitted by, and to comply with, any laws or regulations; and
(h) for any other purpose to which an individual consents.
5. Privacy Notices
This Policy may be supplemented or amended from time to time by “privacy notices” posted on this Web Site. These privacy notices provide a level of detail that we cannot provide in this more general description of our privacy practices. For example, certain pages of this Web Site may contain privacy notices providing details about the Personal Information we collect on those pages, the purpose for the collection, to whom the Personal Information may be disclosed, and choices you may have about the ways we use that information.
6. Other Agreements
When you register to use a special feature of this Web Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of this Policy, the terms of the click-through agreement will supplement or amend this Policy, but only with respect to the matters governed by the “click-through agreement.”
7. User-Generated Content
The User-Generated Content you submit on or through this Web Site is available to others who visit this Web Site. In addition, we may use User-Generated Content you submit on or through this Web Site in advertising campaigns and other promotions. We may or may not use your name in connection with such use, and we may or may not seek your consent before using the content for such purposes.
8. Types of Personal Information We Collect
The types of Personal Information that we may collect from you from time to time include: your name, address, telephone numbers, e-mail addresses any Personal Information in any User Generated Content you may submit to us, and any other Personal Information you may provide to us from time to time. In this section, we provide you with additional information regarding the types of Personal Information we collect.
Information Sent to Us by Your Web Browser. We collect information that is sent to us automatically by your web browser. This information typically includes your IP address, the identity of your Internet service provider, the name and version of your operating system, the name and version of your browser, the date and time of your visit, and the pages you visit. Please check your web browser if you want to learn what information your browser sends or how to change your settings. Generally, we do not link the information provided by your browser to your Personal Information.
Other Information from your IP Addresses. An “IP address” is a unique number that is automatically assigned to your computer when you connect to the Internet. It is used to identify your computer’s “location” in cyberspace, so that the information you request can be delivered to you. If you use a dial-up connection or a connection that assigns dynamic IP addresses, your computer will be assigned a new IP address each time you connect to the Internet. If, however, your computer is permanently connected to the Internet using a static IP address, the IP address assigned to your computer will generally be the same each time you use your computer.
If you have registered with this Web Site, we may link your IP address to account information that identifies you personally. We may also provide your IP address to our third party service provider who can process that information to identify your province and postal code. This gives us valuable demographic information about the individuals who use this Web Site. In addition, if, we suspect fraud or a threat to the security of this Web Site, we may share our server logs—which contain users’ IP addresses—with the appropriate investigative authorities, who could use that information to trace and identify individuals.
Cookies and Similar Technologies. We use “cookies” and other Web technologies to collect information and support certain features of this Web Site. For example, we may use these technologies to:
collect information about the ways visitors use this Web Site—which pages they visit, which links they use, and how long they stay on each page;
support the features and functionality of this Web Site—for example, to save you the trouble of reentering information already in our database or to prompt the settings you established on previous visits; and
personalize your experience when you use this Web Site.
Generally, the information we collect using these technologies does not identify you personally. If, however, you have created a user identity, for example, by registering with this Web Site, we may link the information we collect using these Web technologies to other information that identifies you personally.
Generally, if you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. Please note, however, that your browser cannot screen out cookies that are sent by e-mail.
Although you are not required to accept cookies when you visit this Web Site, you may be unable to use all of the functionality of this Web Site if your browser rejects our cookies.
9. Your Choices
In General. We respect your right to make choices about the ways we collect, use and disclose your Personal Information. In most cases, we will ask you to indicate your choices at the time we collect your Personal Information. For example, if you register with this Web Site, we request your express consent to receiving certain communications from us. In addition, if you consent to receiving e-mail messages from us we will include an “unsubscribe” link and “unsubscribe” e-mail address in each electronic newsletter or promotional e-mail we send you, so that you can inform us if you do not wish to receive such communications from us in the future.
Previously Expressed Preferences. You may change previously expressed preferences regarding how we use your Personal Information. If at any time you wish to be taken off our mailing lists, please contact us at [Kozy Shack to input address]. Please provide your full name, postal address and e-mail address so that we can find you on our mailing lists. We will remove you from our mailing lists within 10 business days of your request.
10. How to Access, Update or Correct Your Personal Information
Upon written request, subject to certain exceptions, Kozy Shack will inform you of the existence, use, and disclosure of your personal information and will give you access to that information. We keep your information for the time we are providing you with a service, and for a reasonable time thereafter in the event that you wish to resume service. Access requests should be sent to Kozy Shack, using the contact information in the "Contact Us" section below.
11. Where Is Your Personal Information Stored?
Your Personal Information is stored in secured locations and on servers controlled by Kozy Shack located either at Kozy Shack’s offices or at the offices of our service providers. Kozy Shack and its third party service providers may process or store your Personal Information outside of Canada, including in the United States. In accordance with applicable laws, in certain circumstances your personal information may be accessible by foreign law enforcement, regulatory bodies or other authorities.
12. Steps We Take to Safeguard your Personal Information
We provide commercially reasonable security, administrative, physical and technological measures to protect the confidentiality and security of Personal Information you submit on or through this Web Site. For example, only authorized employees and suppliers have access to your Personal Information. Where Personal Information is sent to a third party for processing, we make sure, through our contracts with them, that such service providers may only use the information for the limited purposes for which it was disclosed and are required to keep the information secure. Moreover, we operate secure data networks protected by industry standard firewall and password protection systems.
13. Who We Share Your Personal Information With
Third–Party Vendors. Kozy Shack shares Personal Information collected through this Web Site with third party service providers who act for or on behalf of Kozy Shack. For example, we use third party service providers to design and operate this Web Site; to conduct surveys; and to help us with our promotional efforts. These third party service providers may need information about you to perform their functions.
Business Transfers. Your Personal Information may be transferred to successor organization if, for example, we transfer the ownership or operation of this Web Site to another organization or if we merge with another organization (including as part of the due diligence process). The successor organization’s use of your Personal Information will still be subject to this Policy and the privacy preferences you have expressed to us.
As Described in a Privacy Notice. We may disclose your Personal Information as described in any privacy notice posted on a page of this Web Site where you provide that information and you consent to the disclosure of your Personal Information as described in that privacy notice.
As Described in a Click–Through Agreement. We may disclose your Personal Information pursuant to the terms and conditions of in any click–through agreement to which you have agreed.
14. Children Under the Age of Nineteen
We strive to ensure that this Web Site does not collect information from any children under the age of nineteen years. If you believe that a child has submitted Personal Information on or through this Web Site without the consent and supervision of a parent or guardian, please contact us as set out in the "Contact Us" section below.
15. Links to Other Sites
This Web Site may contain links to Web Sites operated by other organizations, including web sites operated by our third party service providers and other third parties. For example, if you click on an advertisement on this Web Site, you may be taken to a web site that we do not control.
16. This Policy May Change
This Policy describes Kozy Shack’s current policies and practices with regard to the Personal Information we collect through this Web Site. We are continually improving and adding to the features and functionality of this Web Site and the services we offer through this Web Site. As a result of these changes (or changes in the law), we may need to update or revise this Policy. Accordingly, whenever this Policy is changed, we will alert you by posting a notice on our home page for sixty days. We will also update the “last updated” date at the top of this page. If more than sixty days goes by between your visits to this Web Site, be sure you check the last updated date to see if this Policy has been revised since your last visit. Your continued use of this Web Site after we have posted the revised Policy constitutes your agreement to be bound by the revised Policy. However, we will honor the terms that were in effect when we gathered data from you.
17. Contact Us
Kozy Shack Enterprises, LLC
[NTD: Insert mailing address] e-mail: [●]