Legal Information

Legal Information

Last updated: April 2018

At GardaWorld, we understand the importance of protecting personal information of users and viewers. GardaWorld, its affiliates and affiliated entities have designed our policy to meet the requirements of the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and abide by the following Ten Privacy Principles.

If you have questions or complaints regarding our privacy policy or practices, you should first contact us by e-mail or mail as follows:

GardaWorld
1390, rue Barré
Montréal (Québec) H3C 1N4 Canada

Terms of Use

By accessing or using this website or any content or material therein (collectively, “Content”) you acknowledge and represent that you have read and understood these terms of use (“Terms of Use”) and you voluntarily accept and agree to be bound by these Terms of Use. You also agree to comply with all laws and regulations applicable to the use of this website, the use of the internet, and to the activities involved in using this website. If you, or the entity through which you were provided access to this website, whether via a log-in ID and password or otherwise, subscribed to certain Content by way of executing a written agreement ("Agreement"), then these Terms of Use shall be supplemental to such Agreement, and use of this website is subject the terms of the Agreement in addition to these Terms of Use. The Terms of Use may be modified at any time. Such modifications shall be effective immediately. Your continued access and use of this website and Content following the posting of modifications to the Terms of Use shall constitute your acknowledgement and acceptance of such modifications. If, at any time, you do not wish to accept the Terms of Use, you must immediately cease to access or use this website and all Content. Any additional terms, conditions or modifications to these Terms of Use that are proposed by you shall be of no force or effect unless and until expressly agreed to by us in writing.

License

You acquire absolutely no rights or licenses in or to this website or any Content other than the limited right to utilize this website and Content for your own personal, internal, non-commercial informational purposes in accordance with these Terms of Use, provided that you (i) do not copy or post any Content on any networked computer or broadcast it in any media, (ii) make no modifications to any Content, and (iv) do not make any representations or warranties relating to any Content.

Restrictions on Use

Unless provided otherwise in an Agreement, you hereby agree and acknowledge that you are expressly prohibited from: (i) making available all or any portion of the Content to any other person or entity; (ii) creating derivative works from the Content; (iii) using the Content in the provision of any services to third parties; (iv) using the Content to develop, support, create or provide pricing for any database or product that competes directly with the Content or website or would create a functional substitute therefor; or any index (e.g. any composite financial index) or (v) incorporating any Content into a registration statement, prospectus, information memorandum, public or private debt issue documentation, bond issue documentation or other offering document or filing with any securities authorities. In addition, you shall not distribute, transfer, sub-license, rent, lend, transmit, sell, re-circulate, repackage, assign, lease, resell, publish, copy, translate, convert, decompile, reverse engineer, alter, enhance, disassemble, modify, or change all or any portion of the Content. You may not use any linking, deep-linking, framing or page-scraping technology, robots, spiders or other automatic devices, programs, algorithms or methodologies, or any similar or equivalent manual processes, to access, acquire, copy, distribute, display or monitor any portion of this website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of this website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this website.

Modification of Website and Content; No Advice

This website and Content are subject to modification at any time, without notice. The Content is intended for general information only and is not, and should not be construed as security, financial, legal or other advice of any kind. You may not use the Content in, or generate based on the Content, any advice, recommendations, guidance, publications or alerts made available to your clients or other third parties. Your use of this website or any Content is entirely at your own risk. The Content does not reflect the opinions of us or our Data Providers. We have no obligation to update, modify or amend the Content or to otherwise notify you in the event that any matter stated herein changes or subsequently becomes inaccurate.

Security

You shall ensure that you have implemented security systems and procedures to prevent the unauthorized access to or misuse or disruption of this website or Content.

Intellectual Property

The ownership and intellectual property rights of this website including all Content shall be the sole and exclusive property of us, our affiliates or our third party information sources (“Data Providers”), as the case may be. You acknowledge that this website and the Content, was developed, compiled, prepared, revised, selected and arranged by us and Data Providers through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, and constitute valuable intellectual property and trade secrets of us or such relevant Data Provider. You hereby agree to protect the proprietary rights of us or the relevant Data Provider in this website and Content. You agree and acknowledge that, as between you and us and our Data Providers, this website and Content, as may be amended from time to time, is the sole and exclusive property of us and our Data Providers, and shall not be considered works for hire. You shall not use any trademarks, trade names or service marks set out in the website in any manner, and in no event in a manner accessible by or available to any third party. You acknowledge that you have no ownership or license rights in or to any of these names or marks. This website and Content is protected as a collective work or compilation under Canadian copyright, UK copyright, U.S. copyright and other laws and treaties. All data, information, articles, columns and other elements making up the Content are copyrighted works and we and our Data Providers hereby reserve all rights therein.

Disclaimer of Warranties and Limitation of Liability

THIS WEBSITE AND CONTENT PROVIDED TO YOU SHALL BE ON "AS IS" BASIS. NEITHER WE NOR ANY DATA PROVIDER MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, TIMELINESS OR COMPLETENESS OF THIS WEBSITE OR CONTENT OR AS TO THE RESULTS TO BE ATTAINED BY YOU OR OTHERS FROM THE USE OF THE CONTENT. YOU HEREBY ACKNOWLEDGE THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, AND THAT YOU HAVE NOT RELIED UPON ANY WARRANTY, GUARANTY OR REPRESENTATION MADE BY US OR ANY DATA PROVIDER, EXCEPT THE REPRESENTATIONS MADE BY US EXPRESSLY SET FORTH IN THIS TERMS OF USE. NEITHER WE NOR ANY DATA PROVIDER SHALL IN ANY WAY BE LIABLE TO YOU OR ANY CLIENT OF YOU FOR ANY INACCURACIES, ERRORS OR OMISSIONS, REGARDLESS OF CAUSE, IN THE CONTENT PROVIDED HEREUNDER OR FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING THEREFROM. WITHOUT LIMITING THE FOREGOING. WE SHALL HAVE NO LIABILITY WHATSOEVER TO YOU, WHETHER IN CONTRACT (INCLUDING UNDER AN INDEMNITY), IN TORT (INCLUDING NEGLIGENCE), UNDER A WARRANTY, UNDER STATUTE OR OTHERWISE, IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF OR IN CONNECTION WITH ANY OPINIONS, RECOMMENDATIONS, FORECASTS, JUDGMENTS, OR ANY OTHER CONCLUSIONS, OR ANY COURSE OF ACTION DETERMINED, BY YOU OR ANY CLIENT OF YOU, WHETHER OR NOT BASED ON THIS WEBSITE OR CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL WE OR ANY DATA PROVIDER HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY ACCESSING THIS WEBSITE AND/ OR THE CONTENT THROUGH YOU, ARISING FROM CONTRACT (INCLUDING UNDER ANY INDEMNITY), IN TORT (INCLUDING NEGLIGENCE), UNDER ANY WARRANTY (EXPRESS OR IMPLIED) UNDER STATUTE OR OTHERWISE, IN EACH CASE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES WITH RESPECT TO THE SUBJECT MATTER OF THE TERMS OF USE, THE CONTENT AND / OR THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, IN RESPECT OF ANY LOSS OF PROFITS, LOSS OF REVENUE, LOST BUSINESS, LOSS OF OPPORTUNITY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN OR PREVENTED OR ADVISED TO US OR ANY DATA PROVIDER.

Indemnification

You will indemnify, defend and hold harmless us, our affiliates, directors, officers, agents employees, successors, assigns and all Data Providers, and each of their affiliates, directors, officers, agents, employees, members, partners, successors and assigns ("Indemnitees") from and against any and all losses, liabilities, damages, costs (including reasonable attorneys' fees) and expenses arising as a result of any claims, suits or proceedings (collectively, "Claims") brought by any third party against any Indemnitees arising from your use of this website and/or Content.

Violation of these Terms of Use

You agree that we may, in our sole discretion and without prior notice, terminate your access to this website or certain Content and/or block your future access to this website or certain Content if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of this website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us or our Data Providers, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity. You agree that we may, in our sole discretion and without prior notice, terminate your access to this website, for cause, which includes (but is not limited to): (i) requests by law enforcement or other government agencies, (ii) a request by you (self-initiated account deletions), (iii) discontinuance or material modification of this website or any service offered on or through this website, or (iv) unexpected technical issues or problems. If we do take any legal action against you as a result of your violation of these Terms of Use, we will be entitled to recover from you, and you agree to pay, all reasonable legal costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to this website as a result of any violation of these Terms of Use.

General

If any provision in or any part of this Terms of Use shall be found to be illegal or unenforceable under any enactment or rule of law then that provision or part shall to that extent be deemed not to form part of this Terms of Use and the remaining provisions shall continue in full force and effect.

Accountability

GardaWorld has appointed a privacy officer who is responsible for ensuring compliance with the Privacy Policy. Other individuals within GardaWorld may be delegated to act on behalf of the privacy officer or to take responsibility for the day-to-day collection and/or processing of personal information.

Identifying Purposes of Collection

When you use this website www.garda.com or any of the services available on this Site you could be required to provide certain personal information in order to use the Services, answer your requests for technical support or customer service or open and complete your account, if applicable. This may include traditional and Internet contact information (such as address, phone and fax numbers, email address, work location), information about the computer system (such as web browser type, IP address and operating system), navigation information (such as the number of web pages visited), non- financial identification information (such as user name and password) in order to complete the process of your use of Services.

Compiling the above information is required to identify you or helps GardaWorld to better understand site usage patterns and which types of content are of greatest interest to the users or viewers of the Site. In addition, it allows GardaWorld to notify users and viewers of updates to the Site and to contact them for their account, for the Services rendered by GardaWorld or for requests for technical support or customer service.

Further reference to “purposes” means the purposes identified hereinafter in this section.

Consent

Using the Site is always voluntary. When you use the Site, the fact of you doing so provides GardaWorld with your implied consent to collect, use or disclose your information to fulfil your request to use the Services. Moreover, when you use the Site, you are added to our email list that will be used to contact you occasionally with offers that we feel will be of interest to you. If you do not want GardaWorld to contact you with offers, you may withdraw your consent at any time simply by changing your profile information and opting out of any or all of the email offers you no longer wish to subscribe to. If you later change your mind it is just as simple to opt back in to the email offers of your choice. In addition, all emails sent to you by GardaWorld contain simple instructions telling you how to “unsubscribe”.

Limiting Collection

GardaWorld will limit the collection of personal information to that which is necessary to fulfil the purposes for which it was collected and will collect personal information by fair and lawful means.

GardaWorld is responsible for personal information in its possession or control and will use contractual or other means to provide a comparable level of protection whenever a third party agent is used to complete some or all the stages of processing necessary to provide you the Services. Third party agents may contact users or viewers directly on GardaWorld’s behalf to conduct research or surveys. Research and survey data is reported back to GardaWorld as aggregated data with no reference to individual users or viewers. These third parties may not use any personally identifiable information for their own marketing purposes.

Users and viewers who do not wish to be contacted for research or survey purposes should advise GardaWorld in writing.

Representations and Warranties

GardaWorld does not represent or endorse the accuracy or reliability of any information, advice, opinion or statement displayed, uploaded, or distributed through the site and its services. Any reliance upon any information, opinion, advice, statement shall be at your sole risk.

Limiting Use, Disclosure and Retention

GardaWorld will not use or disclose personal information for purposes other than those for which it was collected, other purposes that you consent to or as required or permitted by applicable law.

Without limiting the generality of the foregoing, GardaWorld may disclose personal information to a third party engaged by GardaWorld to perform the Services on its behalf, in part or in whole; a public authority or its agent if, in the reasonable judgment of GardaWorld, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information; a third party, where you consent to such disclosure or when disclosure is required or permitted by applicable law.

GardaWorld’s employees (or GardaWorld’s affiliates’ employees) with a business need-to-know, or whose duties reasonably so require, are granted access to personal information.

Personal information will be retained for as long as necessary for the fulfilment of those purposes or as required or otherwise permitted by applicable law.

GardaWorld will maintain reasonable and systematic controls and practices for information and records retention and destruction which apply to personal information that is no longer necessary or relevant for the purposes or required by applicable law to be retained.

Accuracy

Personal information that is collected, used or disclosed will be as accurate, complete and up to date as is necessary for the purposes for which it is to be used. You supply the information and if it should change, you shall make the necessary changes in your account.

Openness

GardaWorld’s privacy policies and practices are as outlined within this Privacy Policy. GardaWorld will make readily available to individuals specific information about its policies and procedures relating to the management of personal information. Should you have any questions or comments you may contact GardaWorld as indicated above.

Individual Access

Subject to certain exceptions provided in the PIPEDA, upon written request to the privacy officer, GardaWorld will inform you of the existence, use and disclosure of your personal information and give you access to your personal information held by GardaWorld. You may verify the accuracy and completeness of your information and have it amended as appropriate. Also, you may access your profile information held in your account directly and modify your profile information as you see fit or as required.

In certain situations, GardaWorld may not be able to provide access to all the personal information that it holds, as for example this would likely reveal personal information about a third party or could reasonably be expected to threaten the life or security of another individual.

In order to safeguard personal information, you may be required to provide sufficient identification information to permit GardaWorld to authorize access to your personal information or account for the existence, use and disclosure of your personal information. Any such information will be used only for this purpose.

Upon written request, GardaWorld will correct or complete any personal information found to be inaccurate or incomplete. Where appropriate, GardaWorld will transmit to third parties having access to such personal information any amended information or the existence of any unresolved differences.

You may obtain information or seek access to your files by contacting the privacy officer.

Challenging Compliance

If you have any inquiries or concerns regarding GardaWorld’s Privacy Policy, practices or compliance with the Privacy Policy, you may contact the privacy officer as indicated above.

GardaWorld may seek external advice where appropriate before providing any final response to you.

If a complaint is found to be justified, GardaWorld will take appropriate measures to resolve the complaint.

Links to other sites

You should be aware that when you are on GardaWorld’s Site, you could be directed to other sites that are beyond our control. There are links to other sites from the Site that may take you outside our service. We cannot guarantee that the privacy policies of these websites meet our standards. We recommend you reading the privacy policy of any new site you go to online.

Cookies

A cookie is a small non-executable file that is stored on your hard drive for the purpose of identifying your computer. While it is possible to use the Site by having your browser’s Internet security set such that it will not accept cookies your online experience may be greatly reduced.

GardaWorld uses both session cookies and permanent cookies at the Site. Session cookies are active only during the period you are logged on to the website and are removed when you leave. They help us track the sections of the website that you use to allow us to make improvements in keeping with observed user preferences. Permanent cookies remain on your hard drive until you remove them through your browser’s Internet security settings. Permanent cookies are used to store user preferences such as preferred language and thus eliminate you having to make the same entries on each visit. Our cookies are not tied to personally identifiable information.

This Privacy Policy covers the use of cookies by GardaWorld only and does not cover the use of cookies by any third party. Some of our business partners may use cookies on the Site but we have no access to or control over these cookies.

Conversion Beacons

GardaWorld uses Conversion Beacons (small, simple snippet of HTML code) inserted in the source of the designated website pages. This technology works by leveraging industry standard browser based cookie technology and simple standard html coding. Email recipients who receive a Conversion Beacon enabled email message will receive a small unique cookie that is stored in their browser session. This unique cookie is later used to connect the email recipient with the subsequent recipient activity on the client website. The purpose of tracking the activity is to better understand the email flow of our subscribers and to measure the effectiveness of ads. For this reason our Conversion Beacons are tied to personally identifiable information (email address).

Changes to the Privacy Policy

GardaWorld reserves the right to modify this Privacy Policy at any time, without prior notice, by posting the amended Privacy Policy on the Site, so please review it frequently.

 

Questions or Comments
If you have any questions or comments, please send us an email.