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Disclaimer and Legal Terms of Use If you access and use this web site (the "Site"), you accept and agree to be bound by and comply with these terms including the TheMarketersFund.com ("TMF") Privacy Policy, (collectively the "Terms"). If you do not accept the Terms, please do not use the Site. General The Terms are to be read by you together with any terms, conditions or disclaimers provided in the pages of the Site. In the event of any conflict, the terms provided in the pages of the Site will govern, The information, material and content provided in the pages of the Site ( the "Information") may be changed at any time without notice. Changes may be made to the Terms at any time without notice by updating this posting. You agree to review the Terms regularly and your continued access or use of the Site will mean that you agree to any changes. By using this Site, you signify your agreement to be bound by these Terms, as they may be amended from time to time. If you do not agree with these Terms, please do not use this site. Local Laws, Export Control It is important to note that not all of the products, services and information are available in all provinces or in jurisdictions outside Canada. The Information does not constitute an offer or solicitation to buy or sell any products, service or information to anyone in any jurisdiction in which an offer or solicitation is not authorized or cannot legally be made or to any business person to whom it is unlawful to make an offer or solicitation. For information specific to any provincial jurisdiction, please contact your legal advisor. The terms and conditions applicable to any product, service or information will be those determined at the time of provision of the product, service or information. Please be aware of the laws of your country or that otherwise apply to you in relation to any of the matters described on these pages. If you choose to access the Site from out of Canada, you do so on your own initiative and are responsible for compliance with applicable local, national or international laws. You may not use or export or re-export the Information or any copy or adaptations, including export laws and regulations of Canada in force from time to time. No Warranties TMF provides the Site and the Information on an "as is, where is" basis and does not make any express or implied warranties, representations, endorsements or conditions with respect to the Site or the Information, including without limitation, warranties as to merchantability, operation, no-infringement, usefulness, completeness, accuracy, current ness, reliability and fitness for a particular purpose. Further, TMF does not represent or warrant that the Site will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contamination or destructive properties will be transmitted or that not damage will occur to your computer system. You have sole responsibility for adequate protection and backup of data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties. Trade-Marks and Copyrights Certain names, words, titles, phrases, logos, icons, graphics or designs or other content in the pages of the Site are trade names or trade-mark owned by TMF or trade names or trade-marks licensed to it. The display of trade-marks and trade names on pages at the Site does not imply that a license of any kind has been granted to anyone else. The Information is for your personal use only. Any unauthorized downloading, re-transmission, or other copying or modification of trade-marks and/or the contents of the Site may be violation of any federal or other law that may apply to trade-marks and/or copyrights and could subject the copier to legal action. The Information is protected under the copyright laws of Canada and other countries. Unless otherwise specified, no one has permission to copy, re-transmit, modify or make public or commercial use of, in any form, the Information. Intellectual Property You do not have the right to use any software which is used in the operation of our Site, except while you are browsing our Site or performing other activities provided through our Site. You do not have the right to make any copies of software used at our Site. Your use of this Site and its contents does not transfer to you any ownership or other rights in our Site or its contents. Your only rights are to use this Site and its contents as outlined in these Terms. Internet E-Mail Any unprotected E-Mail communication over the Internet is, as with communication via any other medium (e.g, cellular phones, post office mail), not confidential, subject to possible interception or loss and is also subject to possible alternation. TMF is not responsible for and will not be liable to you or any one else for any damages in connection with an E-Mail sent by you to TMF or an E-Mail sent by TMF to you at your request. No Endorsements No endorsement or approval of any third parties or their advise, opinions, information, products or services is expressed of implied by any Information. No Liability TMF is not responsible for and will not be liable to you or anyone else for any damages whatsoever (including direct, indirect, incidental, special consequential, exemplary or punitive damages) arising out of or in connection with your use of or inability to use the Site or the Information or any action or decision made by you in reliance on the Site or the Information, or any unauthorized use or reproduction of the Site or the Information, even if TMF has been advised of the possibility of these damages. Jurisdiction The Site is administered by TMF from its offices in Canada. The Site will be governed by and construed in accordance with the laws of the Province of Manitoba and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. All disputes, controversies or claims arising out of or in connection with the Site shall be submitted to and be subject to the jurisdiction of the courts of the Province of Manitoba. You submit and attorn to the exclusive jurisdiction of the courts of the Province of Manitoba to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Site. TheMarketersFund.com Privacy Code Introduction
To The Code On
January 1, 2004, Canadian federal privacy legislation, and in some cases
provincial privacy legislation, will apply to provincially incorporated
and regulated entities that collect, use and disclose information about
identifiable individuals in the course of business and commercial
activities. TMF is required to comply with the requirements of
such legislation as of TMF
is committed to protecting the privacy and safeguarding the personal
data and information of individuals who are its customers. In merging
its respect for each individual’s privacy with its business
objectives, TMF has adopted the ten Privacy Principles outlined below.
TMF limits the collection of personal information from individuals to
that which is permitted by law and which is necessary to provide
training, products and services with respect to the TMF service.
Periodically, TMF may ask for feedback from customers on products or
services that TMF is providing or is considering providing. There
are situations specific to the TMF business where service and product
providers, such as TMF, will disclose personal information to third
parties in order to provide effective and efficient services to their
customers. For example, personal information may be disclosed to: TMF
will only disclose to such third parties the personal information of TMF
customers that these service providers require in order to fulfill their
service obligations to TMF and hence to TMF’s customers. Every such
disclosure will be made subject to specific protection measures. In
addition, TMF may identify products or services that it believes to be
of value to current, past and prospective customers and to inform you of
these products or services. If you would prefer that TMF does not use
your personal information for this purpose, please advise us by writing
to the Privacy Officer at our Principles
of the Privacy Code
TMF has
prepared a detailed Privacy Code expanding upon the following ten
Privacy Principles to ensure that your privacy is protected. If you
would like a copy of this Privacy Code, you may print this page or call
us at 204-202-3200. Principle
1 — Accountability
TMF
is accountable for maintaining and protecting personal information that
it has collected. A Privacy Officer has been designated to ensure TMF’s
compliance with the principles described in this Privacy Code. Principle
2 — Identifying Purposes
TMF will
identify the purpose of all personal information collected by it at the
time of, or prior to, the information being collected. Principle
3 — Consent
The
knowledge and consent of TMF’s customers are required for the
collection, use, or disclosure of personal information, except as
permitted by law or for security reasons. Principle
4 — Limiting Collection
The
collection of personal information will be limited to that which is
necessary for the purposes identified by TMF. Information will be
collected only by fair and lawful means. Principle
5 — Limiting Disclosure & Retention
TMF will not use or disclose personal information for purposes other than those for which the information was collected, except with the consent of the subject customers or as may be permitted by law. TMF will retain personal information only as long as is necessary for the fulfillment of those purposes. Principle
6 — Accuracy
TMF
will maintain personal information in an accurate, complete, and timely
manner as is necessary for the purposes for which it is to be used. Principle
7 - Safeguards
TMF
will protect personal information with security safeguards appropriate
to the sensitivity of the information. Principles
8 — Openness
TMF
will make readily available to its customers specific information about
its policies and practices relating to the management of personal
information. Principle
9 — Customers Access
Upon
making a request in writing to our Privacy Officer, TMF customer will be
informed within thirty (30) days of the existence, use and disclosure of
his or her personal information, and will be given access to that
information, except where refusal is permitted by law. TMF customer will
have the right to challenge the accuracy and completeness of the
information and have it amended as appropriate. Principle
10 — Customer Inquiries and Challenges
A
customer may inquire about or challenge TMF’s compliance with these
principles by contacting our Privacy Officer. Privacy
Code Definitions
The
following definitions apply to the TMF Privacy Code: “customer” —
a person (an identifiable businessperson) about whom TMF collects
information in carrying out its product and customer service business.
This includes persons who have dealt with or intend to deal with TMF,
and any other person who has contacted TMF and provided his or her own
personal information to TMF. This definition is intended to include both
customers and potential customers of TMF. “collection” —
the act of gathering, acquiring or obtaining personal information from
any source, including from third parties, by any means. “consent” —
voluntary agreement with what is being done or proposed. Consent
can be either express or implied. Express consent is given explicitly,
either orally or in writing. Express consent is unequivocal and does not
require any inference on the part of TMF seeking consent. Implied
consent arises where consent may reasonably be inferred from the action
or inaction of the customer. “control” —
TMF controls personal information if the personal information is in the
possession of TMF or a person to whom TMF has disclosed the personal
information, excluding a person to whom such disclosure was permitted by
law. “disclosure” —
making personal information available to others outside TMF’s
administration department for which the personal information was or is
collected. “personal
information” —
data or information about an identifiable customer. This
definition of “personal information” includes information about a
customer or about any other individual if the customer or other
individual is identifiable as the subject of the information, but does
not include aggregate information that cannot be associated with a
specific customer or individual. “Personal information” may include,
but is not limited to the business name, registration number, address,
telephone number, e-mail address, credit rating, whether or not credit
was extended or refused to the business, credit and payment records of
the business. “TMF” —
includes TMF, a Manitoba company. “use” —
the treatment and handling of personal information within the TMF
business department for which the personal information is collected. Detailed
Explanation Of Privacy Principles: Principle
1 — Accountability
TMF
is accountable for maintaining and protecting any personal information
it has collected. A Privacy Officer has been designated to ensure TMF’s
compliance with the principles described in this Privacy Code. The
identity of the individual designated by TMF as its Privacy Officer will
be available upon request. TMF
is responsible for personal information in its possession, custody or
control, including information that has been transferred to a third
party for processing. Prior to disclosing any personal information
to any third party, TMF will use contractual or other means to provide a
comparable level of protection while the personal information is in the
possession, custody or control of a third party. Principle
2 — Identifying Purposes
TMF
will identify the purposes of the collection of all personal information
collected by it at the time of, or prior to, the actual collection of
the information. Identifying
the purposes for which personal information is collected at or before
the time of collection allows TMF to determine the information it needs
to collect to fulfill these purposes. The identified purposes will be
specified to the customer at or before the time of collection, either
orally or in writing. When
personal information that has been collected is to be used for a purpose
not previously identified, such new purpose will be identified before
use. The consent of the customer will be required before personal
information can be used for that purpose, unless the new use of that
information is permitted by law. Principle
3 — Consent
The
knowledge and consent of the customer are required for the collection,
use, or disclosure of personal information, except as may be permitted
by law or for security reasons. Such
consent is required for the collection of personal information and the
subsequent use or disclosure of this information. TMF will obtain
consent for the use or disclosure of the information at the time of
collection. In certain circumstances, consent with respect to the
use or disclosure may be sought after the information has been
collected, but before its use for a purpose not previously identified. TMF
will make a reasonable effort to ensure that the subject customer is
advised of the purposes for which the personal information will be used.
To make the consent meaningful the purposes must be stated in such a
manner that the customer can reasonably understand how the personal
information will be used or disclosed. Consent can also be given by an
authorized representative (such as a legal guardian or a person having
power of attorney). A
customer may withdraw his or her consent at any time, subject to legal
or contractual restrictions and reasonable notice. TMF will inform the
customer of the implications of such withdrawal. Absent any such
withdrawal, a customer’s consent is valid for the length of time
needed to achieve the identified purposes. Principle
4 — Limiting Collection
The collection of personal information will be limited to that which is necessary for the purposes identified by TMF. Information
will be collected only by fair and lawful means. TMF
will not collect personal information indiscriminately. Both the
amount and type of information collected will be limited to that which
is necessary to fulfill the purposes identified. TMF
may obtain personal information from customers through hard copy,
electronic or other means or media. Personal information will be
collected by fair and lawful means. Principle
5 — Limiting Use, Disclosure and Retention
TMF
will not use or disclose personal information for purposes other than
those for which the information was collected, except with the consent
of the customer or as may be permitted by law. TMF will retain personal
information only as long as is necessary for the fulfillment of those
purposes. As
regards any disclosure to any third party service provider, only the
provision of personal information which is necessary for the provision
of such services will be provided by TMF to such service provider. Every
such disclosure will be made subject to the protection measures
specified Personal
information that has been used to make a decision about a customer will
be retained long enough to allow the customer access to the information
after the decision has been made. TMF is subject to legislative
requirements with respect to retention periods. Principle
6 — Accuracy
TMF
will maintain personal information in such an accurate, complete, and
timely manner as is necessary for the purposes for which it is to be
used. The
extent to which personal information must be accurate, complete and
up-to-date will depend upon the use of information, taking into account
the interests of the customer. Information must be sufficiently
accurate, complete and up-to-date to minimize the possibility that
inappropriate information may be used to make a decision about the
customer. TMF
will not routinely update personal information, unless such a process is
necessary to fulfill the purposes for which it was collected.
Personal information that is used on an on-going basis, including
information that is disclosed to third parties, should generally be
accurate and up-to-date, unless limits to the requirement for accuracy
are clearly set out. Principle
7 – Safeguards
TMF
will protect personal information with security safeguards appropriate
to the sensitivity of the information. The
security safeguards must protect personal information against loss or
theft, as well as unauthorized access, disclosure, copying, use, or
modification. TMF will protect personal information regardless of the
format or media in which it is held. The
nature of the safeguards will vary depending on the sensitivity of the
information that has been collected, the amount, distribution, and
format of the information, and the method of storage. Principle
8 — Openness
TMF
will make readily available to its customers, specific information about
its policies and practices relating to the management of personal
information. TMF
will be open about its policies and practices with respect to the
management of personal information. Customers are able to acquire
information about TMF’s policies and practices through its
publications, Website and by telephone. Principle
9 — Customer Access
Upon
request in writing, a customer will be informed of the existence, use
and disclosure of his or her personal information and will be given
access to that information, except where permitted by law. A TMF
customer will have the right to challenge the accuracy and completeness
of the information and have it amended as appropriate. TMF
will respond to a written request for customer access within thirty (30)
days after receipt of the request. TMF will allow the customer access to
this information unless to do so would: •
reveal personal information about a third party; •
breach a solicitor-client privilege; •
potentially threaten the life or security of another individual; •
disclose personal information collected to investigate a breach of an
agreement or contravention of law; or, •
reveal information generated in the course of a dispute resolution
process. In
addition, TMF will provide an account of the use that has been made or
is being made of this information and an account of the third parties to
which it has been disclosed. If such a request is denied, the customer
will be given reasons for the denial. Before
TMF provides an account of the existence, use, and disclosure of
personal information of a particular customer, the customer may be
required to provide sufficient information to permit TMF to provide an
account of the existence, use and disclosure of personal information.
The information provided will only be used for this purpose. Principle
10 — Customer Inquiries and Challenges
A
customer may inquire about or challenge TMF’s compliance with these
principles by contacting TMF’s Privacy Officer. TMF has
procedures in place to receive and respond to complaints or inquiries
about its policies and practices relating to the handling of personal
information. The complaint procedures are easily accessible and simple
to use. TMF will investigate all complaints. If a complaint is found to be justified through either the internal or external complaint review process, TMF will take appropriate measures, including amending its policies and practices, if necessary. |
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