TOA Canada - Website Privacy Policy and Terms of Use
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Website Terms of Use

Last Updated:  May 2020

These Website Terms of Use (the “Terms”) apply to both your access to, and your use of, the websites, online services or other electronic locations, and materials, content or services that we, TOA CANADA COMPANY, make available from time to time, including www.toacanada.com (collectively, as it relates to these Terms, “This Site”).  By accessing and using This Site, you accept and agree to be bound by these Terms, and all applicable laws and regulations.

We have made an effort to ensure that these Terms reflect, in plain language, your obligations, rights and remedies—while this makes these Terms a little bit longer than others might be, it is organized by headers to help you find what you need.  PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARIDNG YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, VARIOUS LIMITATIONS, EXCLUSIONS AND INDEMNITIES.

Unless we expressly disclaim any terms in writing, your use of This Site and any Content we provide (we will define that below) will ALWAYS be subject to terms of use, and so your use of This Site is subject to these Terms.  If you are not willing to be bound by each and every provision of these Terms, or if anything that we require you to agree to in these Terms is not true, you may not use This Site and must immediately cease any access or use This Site.

To be clear, in these Terms when we use the phrase “This Site”, we include any Content made available through or using This Site, as will be explained further below.

YOU MAY NOT USE THIS SITE (WHICH INCLUDES ANY MATERIALS, CONTENT OR SERVICES MADE AVAILABLE THROUGH IT) WITHOUT AGREEING TO THESE TERMS.

1.                   Changes to These Terms

a.                   How changes happen—We may change these Terms from time to time without notifying you, but we will use reasonable efforts to publish each amendment before it becomes effective.  We will ensure that the latest, fully-amended version of these Terms are published on or linked through This Site.  You are responsible for regularly reviewing This Site to obtain timely notice of any terms that apply to it.

b.                   How to reject changes—If any amendment is unacceptable to you, you may terminate your agreement to these Terms (as amended) by ceasing any use of This Site or any Content or materials you obtained through them.  If you have an Account with us (see below about Accounts), you must also close that Account.

c.                   Your use of changed Terms—If you continue to use This Site after the effective date of an amendment, you agree that such use is evidence that you accepted the amended version of these Terms, and that you will be deemed to have accepted these Terms.

2.                   Your Use of This Site is Licensed by Us, and is Subject to These Terms

a.                   Our license to you—Subject to these Terms, we grant you permission to access This Site through a personal, non-exclusive, non-transferable, limited license to use This Site for transitory, non-commercial purposes, provided that with respect to any materials obtained from This Site, you may not do any of the following, unless you have our prior, written permission:

(i)                 modify, copy, reproduce or create derivative works of such materials (except as explicitly provided in connection with those materials through This Site);

(ii)               use the materials for any commercial purpose;

(iii)             distribute or transmit the materials;

(iv)              publicly display, publish or perform the materials (for any purpose, commercial or non-commercial);

(v)                create derivative works from, transfer, or sell any materials;

(vi)              attempt to decompile or reverse engineer any software or database contained in or access through This Site; or

(vii)            remove any copyright or other proprietary notations;

b.                   We maintain our rights—To be clear, all rights not expressly granted to you are reserved by us and, if applicable, our licensors.

c.                   Clarification on your permissions—You are permitted to provide links to This Site through email, social media, or other similar methods, but you must make sure that such methods do not (i) involve framing or embedding any portion of This Site within another website or service, (ii) imply any affiliation between you and us, or you and This Site, (iii) portray us or This Site in in a false, misleading, derogatory or otherwise defamatory manner, or (iv) use This Site in a commercial context.

3.                   Our Privacy Policy applies to These Terms

a.                   Where you can find Our Privacy Policy—Our privacy policy applies to your use of This Site, and it follows These Terms or is available here.  We may update that privacy policy from time to time but we will make sure the link stays active in these Terms.  In these Terms, we refer to the privacy policy as it is updated from time to time as our “Privacy Policy”.

b.                   Your implied consent—By using This Site, it is evidence that you consent to the collection, use and disclosure by us and our agents of your personal information for the purposes identified in our Privacy Policy.  We will only use your personal information in accordance with our Privacy Policy.

c.                   Exception to implied consent—If you are from a jurisdiction where your implied consent cannot be inferred from your use of This Site, or if we do not otherwise under the laws applicable to you have the ability to use your personal information as set out in the Privacy Policy, please note that we do not give you permission to use This Site without your express consent.  You may contact us with any privacy questions as set out in the Privacy Policy.

4.                   Your Eligibility to Use This Site and its Content

a.                   You must be legally allowed to use This Site—This Site is intended solely for users who are of the legal age of majority and who reside in a jurisdiction where the Content of This Site is legally permissible.  Any use of This Site by anyone who does not meet those criteria is unauthorized, unlicensed, and in violation of these Terms.

b.                   What we may do—We may take actions to protect against such violations, including terminating accounts, deleting or blocking content, or otherwise prohibiting you from using This Site.  We may take any actions, including those, within our sole discretion and with or without notice.

c.                   Whether we do something or not, we have other rights—Whether we do or do not take any action, we do not in any way waive any other legal right or remedy we may have against you.

5.                   Your Account

a.                   Overview of Accounts—This “Your Account” section only applies if This Site allows you to access or use a user account (an “Account”). 

b.                   Our Privacy Policy applies to your Account’s personal information—When you create an Account, you will be asked to provide certain information.  Like all other personal information, personal information associated with your Account will be subject to our Privacy Policy.

c.                   Your Account must be yours—You must not register or access an Account on behalf of any individual other than yourself, except for legal entities that are not individuals (such as companies, partnerships, or societies), in which case you may not register or access an Account on behalf of that entity unless you are duly authorized to do act for that entity. 

d.                   Your Account information must be accurate—It is important that your Account is accurate.  So, we require that you:

(i)                 provide true, current, accurate and complete Account information as requested by us or our agents from time to time; and

(ii)               promptly notify us (through the Account features of This Site, or by other contact methods if necessary) of any changes to any Account information.

e.                   You must keep your Account safe—While we will use reasonable efforts to safeguard personal information as set out in our Privacy Policy, it is you (and not us) who is responsible for making sure that the access credentials to your Account remain secure and confidential, and to verify and monitor any Account activity.

f.                    Anything done through your Account is done by you—We may assign you, or you may create, a password and Account identification to enable you to access and use certain portions of This Site.  Because This Site is accessible through the internet, we will assume that any activity taken through your Account or using your Account credentials is authorized and directed by you.  You are legally responsible for all activities that occur under your Account, even if the person gained access to your account without your permission.  We have no obligation to investigate the authorization or source of any access or use of The Site that purports to be you, such as activity through your Account.

g.                   Please keep us informed if something goes wrong—You must immediately notify us if:

(i)                 any unauthorized use of your Account, any service provided through your Account or any password related to your Account,

(ii)               you become aware of any activity you did not approve, or

(iii)             there is any other breach of security with respect to your Account or any service provided through it.

You must also provide us reasonable assistance to us, as requested, to stop or remedy those occurrences.  Contact procedures are set out in These Terms, in our Privacy Policy and on This Site.

h.                   Third party links are your (and those third parties’) responsibility—If your Account is linked to a third party service, like a payment processor, we may update your information with information provided through that third party service.  We are not responsible for that third party information.  The third party (or you, through your agreement with them) is responsible for that third party information.

6.                   Who Owns This Site’s Content

a.                   What “Content” means—In these Terms, we use the term “Content” to mean all materials and content — this includes designs, editorials, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work, information or content.  So basically, anything available on or through This Site is Content—including, in the case of our Content, source code, processes, designs, technologies, URLs, domain names, trademarks and logos forming any part of This Site.

b.                   Our Content is ours, not yours—Except where expressly stated otherwise, all right, title and interest in and to This Site and all Content that you did not provide yourself (“Our Content”) fully belongs to us or others from whom we have licensed it.  Our Content is protected by applicable copyright, trademark, patent, trade secret or other proprietary rights or intellectual property laws. Our Content is licensed subject fully to these Terms. Except for the limited license we have already described above, nothing in your use of This Site grants you any right, title or interest in, or any ownership over, Our Content.

c.                   We do not control third party Content, which is theirs and not yours—This Site may link to or otherwise make available Content from third parties (collectively, “Third Party Content”).  That Third Party Content is theirs and not yours, and may be governed by terms and conditions applicable to Third Party Content.  Nothing in your use of This Site grants you any right, title or interest in, or ownership over, Third Party Content, even if you may have accessed it legitimately through the license we have given you to use This Site.

d.                   Your Content is yours—If This Site contains interactive features that allow you to provide Content (“Your Content”), we do not claim any ownership over it.  Your Content includes Content you post, upload, input, provide, submit or otherwise transfer Your Content to us or any third party, using the This Site. 

e.                   We may use Your Content, and Your Content is prohibited unless we are allowed to use it—You are not allowed to provide us with any of Your Content unless we have the right to use it.  Because we have no obligation to monitor Your Content, this is true regardless of what Your Content states, or any context or disclaimers you provide in connection with providing Your Content.  So, if you make Your Content available in any way through This Site, we deem that to mean that you have:

(i)                 Your Content is Fully Licensed for This Site—given us a royalty-free and fully paid-up (meaning we have no obligation to pay you), non-exclusive (meaning you may give it to others), irrevocable and perpetual (meaning that you may not terminate the license, which we will explain below), license that is without any territorial or geographic limitation (we will refer to all of that as a “Full License”) to use copy, distribute, transmit, display, edit, delete, publish and translate (we will refer to that as “Fully Use”) Your Content to the extent we reasonably determine it is necessary for us to provide This Site as it may exist in any medium from time to time;

(ii)               Your Content is Fully Licensed so that we may administer these Terms—given use a Full License to Fully Use Your Content in order to ensure adherence to, or enforce, these Terms, or to comply with any applicable law;

(iii)             We rely on you to not give us anything unless we are Fully Licensed to Fully Use Your Content—confirmed, represented and warranted to us that you have all right, title and interest, as well as the power and authority necessary, to grant a Full License for us to Fully Use Your Content to us as set out above; and

(iv)              We may hold you legally responsible if someone claims we cannot use Your Content—agreed to indemnify us from (and disclaim our responsibility for) any actions, proceedings, claims, liabilities, damages and reasonable expenses (including legal expenses) relating to or arising from Your Content, including instances where Your Content (A) infringes anyone’s intellectual property rights, or (B) is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful.

f.                    Our obligation to protect Your Content is limited—We will and have established commercially reasonable security measures to ensure that our personnel only use Your Content in accordance with the Full Licenses granted under these Terms.

g.                   If you do not agree to how These Terms deal with Your Content, do not provide it—If you cannot provide Your Content in accordance with these Terms, we prohibit you from using it in connection with This Site.

h.                   Deleting Your Content—If permitted by the functionality of This Site, you may delete Your Content through This Site (or by deleting Your Account), but you acknowledge and agree that, because your Full License is irrevocable and perpetual, we may retain copies of Your Content for archival or compliance purposes or to otherwise provide This Site to you or others, subject always to your Full License to us set out above, even if you delete any Account to which Your Content is connected.  You may always contact us regarding Your Content as set out in these Terms, This Site or our Privacy Policy.

i.                    If you give us feedback, you also give us the right to use itIf you provide us any comments, ideas, suggestions and impressions of This Site or our products and services (collectively, the “Feedback”), you give us a Full License to use it for any purposes, including commercial exploitation in perpetuity, regardless of whether we actively solicited that Feedback or not.

j.                    We are only responsible for Our Content, not Your Content or Third Party Content—You are exclusively responsible for determining the accuracy, suitability, harmfulness or legality of any of Your Content, even if you did not create it.  We do not have any obligation to monitor, censor or review any of Your Content or any Third-Party Content, or to monitor use of This Site. If we do decide, in our sole discretion, to review or take any action with Content other than Our Content, it creates no obligation for us to do that in the future. 

k.                   We may take action if we receive complaints—If we receive a complaint relating to use of This Site by you, including as it relates to Your Content or your use of Third Party Content, you acknowledge and agree that we may, in our sole and absolute discretion and without notice or liability, investigate the complaint, and restrict, suspend or terminate your access to the This Site, or and censor, alter or remove Your Content, or take any other action that is permitted by applicable law.  Nothing we do (or do not do) waives or limits our right to any rights or remedies that we have.

7.                   Intellectual Property Notices and Complaints

a.                   Copyright Notice—This Site and all Content is owned and copyrighted by us and our licensors, and is licensed to you in accordance with these Terms only.  All rights are reserved.

b.                   Trademark Notice–The trademarks, logos, and service marks displayed on or through This Site are the property (whether registered or unregistered) of us, our licensors or other third parties. You are not permitted to use trademarks, logos and service marks for any purpose without our prior, written consent.

c.                   No use of trademarks implies any endorsement, sponsorship or affiliation—Except as expressly indicated on This Site, no endorsement, sponsorship, affiliation or other authorization is implied by any use of third party trademarks.

d.                  Complaint Requirements—If you believe that any Content on This Site infringes upon any copyright or other intellectual property right that you own or control, you must send a written notification of such infringement to us as follows: privacyofficer@toacanada.com , in such form as is required under the Copyright Act (Canada) from time to time, and in that notice you must:

(i)                 state your name and address and any other particulars prescribed by regulation that enable us and our users to communicate with you;

(ii)               identify the work or other subject-matter to which the claimed infringement relates;

(iii)             state your interest or right with respect to the copyright in the work or other subject-matter;

(iv)              specify the location data (such as a URL or locator) for the electronic location to which the claimed infringement relates;

(v)                specify the infringement that is claimed;

(vi)              specify the date and time of the commission of the claimed infringement; and

(vii)            include any other information that may be prescribed by regulation.

Upon receipt of that notice, we will comply with our obligations under the Copyright Act (Canada), without limiting our right to provide such other notices to the infringing user.

e.                   Our infringer and repeat infringer policy—We have adopted a policy of terminating the access, in appropriate circumstances and at our sole discretion, of users who are deemed to be repeat infringers of intellectual property. We may also, at our sole discretion, limit access to This Site, or terminate any Account, of any user who infringes any intellectual property rights of us or others, whether or not there is any repeat infringement.

8.                   Acceptable Use of This Site, and Prohibitions

a.                   In addition to any other terms or conditions regarding your use of This Site in these Terms, we may require you to agree to specific terms for particular services, products or areas of This Site from time to time by confirming your agreement.  Any such additional terms which you agree to will be deemed incorporated into these Terms.

b.                   Proper conduct (things you must do)—Without limiting anything else contained in these Terms, you must ensure that:

(i)                 you only use This Site for lawful purposes; and

(ii)               if at any time you become aware of any violation, by any person or entity under your control, of any part of these Terms, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.

c.                   Prohibited conduct (things you must not do)—Without limiting anything else contained in these Terms, you must not, in connection with This Site, directly or indirectly do or permit any of the following:

(i)                 post, upload, reproduce, distribute or otherwise transmit any Content that:

(1)          is unauthorized or unsolicited commercial communications, junk or bulk communications or other “spam” (whether or not using e-mail services, including instant messaging, blog or comment spam) or is otherwise duplicative or unsolicited,

(2)          contains any malware, payload, virus, cancelbot, Trojan horse, worm or other harmful, disruptive or surreptitious component, regardless of intent,

(3)          is defamatory, infringing, or unlawful,

(4)          is inappropriate, profane, obscene, indecent materials or information without suitable or lawfully-required access controls (which controls shall in no event be our responsibility),

(5)          gives rise to civil liability, or otherwise violates the rights or assists others to violate the rights of us or any third party, such violations including engaging in copyright infringement, invasion of privacy, trademark infringement or defamation,

(6)          constitutes a criminal offence, or otherwise engages in or assists others to engage in any criminal offence, including pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity and child pornography; or

(7)          incites discrimination, hate or violence towards one person or a group because of their belonging to a race, religion, nationality, sexuality, gender or other human rights-protected group of persons;

(ii)               engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, including the rights of minors and rights relating to privacy and publicity;

(iii)             scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems;

(iv)              forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using This Site;

(v)                impersonate or falsely represent your association with any person, including a representative of us;

(vi)              disrupt or threaten the integrity, operation or security of any service, computer or any internet system;

(vii)            disable or circumvent any access control or related process or procedure established with respect to This Site;

(viii)          sublicense, share, resell, reproduce, copy, distribute, redistribute, or exploit for any commercial purposes (except for your internal, personal, non-commercial purposes), any portion of, use of or access to, This Site, except where expressly authorized by us;

(ix)              harvest, scrape, extract, gather, collect, or store personal information about others without their express consent;

(x)                harvest, scrape, or use any robot, spider, crawler, script or other automated means or interface not provided by us to access This Site or to extract data, collect information or otherwise interact with This Site;

(xi)              access or use This Site in order to copy any Content, or features or functionality thereof, for any commercial purpose; or

(xii)            take any other action which is in violation of any law or regulation applicable in your jurisdiction.

9.                   Our Termination or Curtailment of Your Access to This Site

a.                   We have full discretion to terminate at any time—We may, in our sole discretion, suspend, restrict or terminate your use of This Site, including your Account and Your Content (if applicable), effective at any time, without notice to you, for any reason.  It is impossible for us to list all of the reasons we may decide to do so, but it may include if (i) the operation or efficiency of This Site or our or any third party’s equipment or network is impaired by your use of This Site, (ii) we have received a third party complaint which relates to your use or misuse of This Site, or (iii) you have been or are in breach of any term or condition of these Terms.

b.                   If we terminate, it affects Your Content and use of This Site—You acknowledge and agree that our termination, curtailment, or suspension of This Site for any reason may result in restrictions of, disruptions to or cessation of your or third party access to your Account and Your Content.  We claim no responsibility for any liability or claims of loss resulting from restrictions, disruptions or cessations, and by using This Site we will deem you to have agreed to release us from those claims. If your use of This Site is suspended or restricted, we will have no obligation to forward any of Your Content to you or any third party unless required by applicable law.

10.               Disclaimers, Limits of Liability and Indemnities

a.                   Disclaimer about internet-based limitations—Your use of This Site depends on the public internet, including networks, cabling, facilities and equipment that is not in our control.  As a result, (i) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (ii) data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed.

b.                   Disclaimer about Third Party Links—The Content that you may access while using This Site may contain links to other websites or services, which are provided solely as a convenience to you and the inclusion of any such link does not imply endorsement, investigation or verification by us. 

c.                   General Disclaimers—All use of This Site and all Content provided by us is at your own risk.  This Site and all Content, to be clear including all products and services provided under these Terms, are provided on an “AS-IS” and “AS-AVAILABLE” basis.  We make no conditions, warranties or representations about the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness or accuracy of This Site.  We expressly disclaim all conditions, warranties and representations, express, implied or statutory, including implied conditions or warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement, whether arising by usage of trade, by course of dealing, by course of performance, at law, in equity, by statute or otherwise howsoever.

d.                   To the maximum extent allowed, we have no liability to you—Notwithstanding any other provision of these Terms, and to the maximum extent permitted by applicable law, in no event will we, our affiliates, or our controlling parties, agents employees, suppliers, licensors, resellers or distributors (when we refer to “we” or “us” in this “Disclaimers, Limits of Liability and Indemnities” section, we mean us and all of these people) be liable for any direct, indirect, special, incidental, consequential or punitive damages, or any other expenses, damages or losses whatsoever, including (whether direct or indirect) damages for loss of profits, goodwill, opportunity, earnings, use or data, arising from or related to these Terms, The Site, or any Content or software in connection therewith, regardless of the cause of action and even if one or more of us have been advised of the possibility of such damages or losses, or if such damages or losses would be reasonably foreseeable.  It is impossible to fully list the extent of this limit of liability, but, to be clear, to the maximum extent permissible under applicable law, we have no liability whatsoever to you for any other expenses, damages or losses arising from the following:

(i)                 sending, receiving, not sending, not receiving, loss, deletion or alteration of any transmissions, data or transactions entered into through or using This Site;

(ii)               any suspension, curtailment, restriction, termination or other limitation placed on your use of the This Site, Your Content, or your Account;

(iii)             any act or omission of you or any third party, including any threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another’s rights, including intellectual property rights;

(iv)              any loss or damage to Your Content or other data arising directly or indirectly from your use or non-use of This Site or related components;

(v)                the performance of the public internet or This Site;

(vi)              the content or accuracy of any material, information or data (including any software) related to these Terms or viewed, downloaded, accessed or transmitted using, over or through the internet or This Site, including material that infringes the rights of others or otherwise violates laws or regulations; and

(vii)            delays, errors, interruptions, mistakes, omissions, non-delivery, incorrect delivery, viruses, malware, Trojan horses, spyware, spam or defects in the transmission of any information, material or data over or through our systems or networks or the systems or networks of third parties.

e.                   Exceptions where (and to the extent) prohibited by law—Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability, such as those we have set out in this “Disclaimers, Limits of Liability and Indemnities” section.  In such circumstances, to the extent that such prohibitions prohibit any disclaimers, exclusions and limitations in these Terms, such disclaimers, exclusions and limitations will not apply to you strictly to the extent necessary to make these Terms consistent with such prohibitions.

f.                    Indemnity by you—We provide This Site on the basis of these Terms, including this “Disclaimers, Limits of Liability and Indemnities” section.  By using This Site, we will deem you to have agreed to indemnify us from (and disclaim our responsibility for) any actions, proceedings, claims, liabilities, damages and reasonable expenses (including legal expenses) indemnify us against (and not claim any responsibility of us for) relating to or arising from (i) access to or use, by you or permitted by you, of the This Site or your Account, or (ii) any of your acts or omissions, including breach or non-performance of these Terms and any violation of any third party rights.

11.               General Provisions

a.                   Interpretation rules for these Terms—In these Terms, (i) we use headings and captions (such as the titles of numbered sections, or the summaries before “—” in each subsection) for convenience only, but they do not form any substantive part of these Terms and should not be used to interpret them, (ii) when we use the word “including”, the word “includes” and the phrase “such as”, or similar phrases, we always mean it to be non-limiting, so it should be read as if it said “without limitation” or “but not limited to” or similar phrases right after it (iii) the word “or” between does not imply an exclusive relationship between the matters being connected (so it can always be read as “and/or” unless the context requires), and (iv) all references to website addresses or URLs shall also include any successor or replacement websites containing substantially similar information as the referenced website(s).

b.                   If we waive any of our rights and remedies, or amend this Agreement, it will only be in writing—Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms. Our rights, powers and remedies in these Terms, including without limitation the right to suspend, restrict or terminate your access to any portion of This Site, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.

c.                   If for any reason some part of these Terms do not apply to you, the rest do—If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.

d.                   How we will provide notifications to you—Subject to our Privacy Policy, we may provide you with notifications via email, in hard copy, through your Account, or through conspicuous posting of such notice on This Site, as we may determine in our sole discretion.  We will always comply with relevant anti-spam legislation when doing so.

e.                   What law applies to these Terms, and how you or we would bring a dispute—These Terms and the rights of the parties hereto are governed by, and will at all times be construed in accordance with, the laws in force in the Province of British Columbia and the laws of Canada applicable therein, without reference to its conflict of laws principles.  You hereby irrevocably consent to the exclusive jurisdiction of the courts of the Province of British Columbia in connection with any matter arising out of or in connection with these Terms, without limiting our ability to seek injunctive relief from any court of competent jurisdiction or to enforce a British Columbia judgment against you.

f.                    Transfers of these Terms are permitted by us only—We may at any time assign our rights and obligations under these Terms, in whole or in part, without your consent or giving you advance notice, though we will use reasonable means to notify you. You may not assign these Terms or any of your rights or obligations under them without our prior, written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.

g.                   Where necessary, some parts of these Terms will survive even if the Terms are terminated—All provisions of these Terms that, by their meaning or nature, are intended to survive termination or expiry of these Terms shall survive termination or expiration of these Terms.

h.                   Our relationship with you– You agree that no joint venture, partnership, employment or agency relationship exists between us and you as a result of these Terms or your use of This Site.

i.                    These Terms are our entire agreement relating to This SiteThese Terms, as amended from time to time, including any and all documents, websites, rules, terms and policies referenced herein, constitutes the entire agreement between us and you with respect to the matters referred to in these Terms and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.

j.                    English language—The parties have requested and agree that this agreement and all documents relating thereto be drawn up in English / Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

12.               Questions and Concerns:

If you have any questions or concerns about This Site or these Terms, please contact us at privacyofficer@toacanada.com .

End of Website Terms of Use

 

WEBSITE PRIVACY POLICY – HIGHLIGHTS

TOA Canada Company and its corporate affiliates (“TOA”, “we”, “us”, “our”) understand that your time is valuable. Therefore, we have set out below some important highlights of our Privacy Policy. You can obtain more information about how we collect, use, disclose and protect your personal information by reviewing our full Privacy Policy below.

What personal information do we collect?

  • We may collect personal information directly from users of our website, www.toacanada.com (the “Website”), software or services, including name, date of birth, address, phone number, email, emergency address, gender, name(s) of partners and children, age, profile photo and/or video, authentication information, location, RF card information, device and mobile phone IP address information, device MAC address information, browser history, and log information. Users may also provide additional information by choosing to fill out free-form fields on our Website if available.

  • By using our Website, software, or services, you are choosing to provide us with your personal information and you acknowledge and consent to the processing of your personal information in Canada.

  • We also may use cookies on our Website and automatically collect certain information about the way our Website is used.

  • Our Website may also collect users’ location information.

  • We may also collect personal information directly from you when you may phone our customer service line, send us an email through our website or otherwise, send us a fax, or communicate in any other way now known or not yet known.  All such forms of collection of personal information will be governed by the terms of this Privacy Policy.

Why do we collect personal information and how is it used?

  • We collect personal information to facilitate the use of our Website, software and services.

  • We may use personal information for research purposes.

  • The personal information that we collect about devices and the use of our Website is used in an aggregate and de-identified form to evaluate and improve our services.

Is personal information shared or disclosed?

  • Personal information provided to us is never sold or rented to other organizations.

  • We also may use certain third party service providers who may have access to the information we collect.

  • We may also disclose or share personal information for fraud prevention, and other permitted disclosures under applicable law. 

How do we protect personal information?

  • We have implemented safeguards to protect personal information under our control, and regularly review our practices to ensure they align with reasonable practices appropriate to the level of sensitivity of the information, in order to safeguard personal information against loss or theft, unauthorized access, alteration or disclosure.

What are the risks?

  • Although we take steps to safeguard the personal information under our control, "perfect security" does not exist online or elsewhere. In particular, we cannot guarantee the security of information posted or transmitted using our Website or via email. It is possible that third parties may unlawfully intercept or access such information.

What are your choices?

  • You may request access to and review of your personal information in our possession, subject to certain limitations.  

  • You may also request that we change or delete your personal information in our possession. We will always work hard to comply with such requests, subject to certain limitations.

  • You may withdraw your consent to our use of your personal information at any time.

What else should you know?

  • We may use cloud services provided by third party service provides to store the personal information that we collect, and other service providers outside Canada. This means that your information may be transferred to, or stored in, another country and accessible to foreign courts, law enforcement and national security authorities.

  • We may amend our Privacy Policy from time-to-time. Although we will try to notify you of major changes by posting updates on our webpage or on the Website itself, we encourage you to check for updates.

  • You can contact us with questions, complaints or for to access your personal information.

 

WEBSITE PRIVACY POLICY

TOA Company Canada and its corporate affiliates (“TOA”, “we”, “us”, “our”) respect and uphold individual rights to privacy and the protection of personal information while balancing such rights with our need to process your personal information to manage our business and deliver our services to you.  Based on applicable privacy and data protection principles common to Canada and other jurisdictions to which we are subject, we have developed this privacy policy (the “Policy”) to explain our practices for processing your personal information.  This Policy does not apply to our employees’ personal information or any anonymized information.

This Policy describes our practices with respect to how we may collect, use, disclose, retain, dispose and otherwise process (collectively, “process”) and how you may correct, update and access your personal information that you provide as a user of (a) the website operated at www.toacanada.com and other locations from time to time (the “Website”), (b) any front-end software we provide you that interacts or interfaces with the Website (the “Software”), excluding third party software that may interact with the Website or the Service as defined below, and (c) the services we provide through the Website and/or the Software (collectively, the “Service”). This Policy references TOA’s general Website Terms of Use located at [INSERT LINK], and forms an integral part of those Website Terms of Use.  All capitalized terms not otherwise defined in this Policy have the meaning provided in TOA’s Website Terms of Use.

Our Website and Software may contain links to other websites or Internet resources which are provided solely for your convenience and information. When you click on one of those links, you are contacting another Internet resource. We have no responsibility or liability for, or control over, those other Internet resources or their collection, use and disclosure of your personal information.  We encourage you to read the privacy policies of those other Internet resources to learn how they collect and use your personal information.

PLEASE READ THIS PRIVACY POLICY CAREFULLY.  By using our Website, Software, or Service, or otherwise by choosing to provide us with your personal information, you acknowledge and consent to the processing of your personal information in Canadain accordance with this Policy and as may be further identified when the personal information is collected.  If you are located or residing outside of Canada, please be aware that our Website, Software and Service are intended for and directed to users in Canada, and the privacy laws and principles in Canada may differ and not offer the same level of protection as those in your location or residing country/region.  Through your continued use of our Website, Software or Service, you are transferring your personal information to Canada and you expressly consent to that transfer. We will use this consent as the legal basis for such data transfer, unless otherwise stated in this Policy. 

If you do not consent to the processing of your personal information in accordance with this Policy, please do not access or continue to use any of the Website, Software or Service or otherwise provide any personal information to us.

Personal Information

For the purposes of this Policy, “personal information” means any identifiable information about an individual, including but not limited to an individual’s name, home address, telephone number, social insurance number, gender, income and family status, except any other information otherwise exempted by the applicable laws of Canada and other jurisdictions.  For example, in Canada, personal information does not include any business contact information that is processed solely to communicate with that person about his or her employment or profession.

When you use our Website, Software or Service, we may collect the following personal information from you:

  • Demographic information such as gender, age, marital status, and location of residence (city/province/country);

  • Contact information such as name, email address, mailing address, and phone number;

  • Billing information as appropriate such as credit card number and billing address;

  • Unique identifiers such as profile photo and/or video, username, account number, and password;

  • Professional information such as name of employer, occupation, location of occupation, and insurance; and

  • Technical information such as authentication information, device MAC address information, device and mobile phone IP address information, and browser and log information.

Your personal information may be collected when:

  • You register for an account with us;

  • You connect with us through social media;

  • We collect cookies and other tracking information through your use of Website;

  • We collect data from third parties or publicly available sources.

We only collect personal information that we need.  We encourage you to not provide us with any personal information beyond what is necessary and as requested by us.

Collection from Third Parties

We do not knowingly collect your personal information from a third party unless you consent or we are otherwise exempted, required or permitted by applicable laws to do so. 

If we collect your personal information from a third party, we will only process that information for the specific purpose for which it was provided to us in accordance with this Policy and the policy under which that information was collected. 

Cookies and Log Files

Our Website may use "cookies" and similar technologies like single-pixel GIFs and web beacons. A "cookie" is a text file that is sent to your computer or device and from your computer each time you use the site. Cookies can track how and when you use the Website and which site you visited immediately before. A cookie does not damage your system and identifies your browser, not you personally.

We use cookies to collect information such as the server you are logged onto, the domain name of your internet service provider, your browser type and version and your IP address. We may also derive the general geographic area associated with an IP address.

Sometimes, we use cookies in combination with “web beacons” or similar technology to collect information about how our Website is used, such as: your IP address and location data, weblogs, time zone, date, your language preferences, browsers used, web addressees visited, other communication data, searches conducted, pages visited, and any other relevant information about your online experience.

If you are an anonymous visitor, the information in this paragraph does not personally identify you but rather numerically identifies your device, and we may share this cookie’s information with a third party marketing provider that will use it to deliver marketing about us to you while you visit other sites on the internet.

If you do not wish to receive cookies, you may be able to disable them. Although this may provide you with enhanced anonymity, it may affect the functioning of our Website.

To the extent that our Website contains links to other apps or sites, the owners of those sites are responsible for the privacy practices or content of those other sites. We do not endorse and are not responsible in any way for the privacy practices on third party websites.

Information about Minors

This site is intended solely for users who are not minors (13 years of age or older). We do not knowingly collect personal information about any minor. No such minor, nor any parent or guardian as it relates to such minor, should submit such minor’s personal information to us through the Website, Software or otherwise for any reason and under any circumstances. 

 

Purpose for Which Personal Information is Processed

We may process your personal information for the following purposes (the “Purposes”):

Specific

  • To verify and authenticate your identity;

  • To connect with us through social media;

Generic

  • To ensure that the Website, Software or Service is optimized for your use and benefit;

  • To operate, maintain and provide to you the Service, features and functionality of the Website or Software;

Boiler Plate

  • To communicate with you to provide you services, contacts, materials and/or recommendations for your needs as identified by you through phone, email, or the Website;

  • To carry out our obligations arising from any contracts entered into between you and us;

  • To comply with internal policies and procedures and other legal, accounting, or security requirements;

  • To share your personal information with our employees, contractors, consultants and other third party service providers such as web hosting providers, advertising agencies, payment processors or customer service agencies (“Third Party Processors”) who require this information to assist us with establishing, maintaining and managing our relationship with you and optimizing and providing the Website, Software or Service for your use and benefit. Please note that we may change or add Third Party Processors at any time, in our sole discretion, either in Canada or elsewhere. We encourage you to reference this Policy from time-to-time, to obtain updated information. Given the nature of cloud services, personal information may be stored outside Canada, anywhere in the world, and may be accessible to foreign courts, law enforcement and national security authorities in the jurisdiction(s) where it is transferred or stored.

We will only process your personal information for the Purposes for which we intend to process such information.  Otherwise, we will not process your personal information without your consent.

Disclosure of Your Personal Information

We may disclose your personal information for the Purposes as described in this Policy in the following ways:

  • To our employees and contractors;

  • To our business partners;

  • To our service providers including online hosting providers, advertising agencies, payment processors and customer service agencies; and

  • To law enforcement, government or regulatory bodies, or other lawful authorities.

Your personal information that we collect may be processed outside of Canada. As a result, your personal information may be accessible to law enforcement and regulatory authorities in accordance with other jurisdictions’ applicable laws.

Legal Basis for Processing Your Personal Information

Consent

We will process your personal information only with your knowledge and consent, except where exempted, required or permitted by applicable laws. The form of consent may vary depending on the circumstances and the type of information being requested.  Your consent may be express with clear options to say “yes” or “no”, such as by being asked to check a box to indicate your consent, or implied, such as when you provide us with your address through a form or email seeking information and we use those means to respond to your request.  Your consent can also be provided by your authorized representative.  Taking into account the sensitivity of your personal information, purposes of collection, and your reasonable expectations, we will obtain the form of consent that is appropriate to the personal information being processed.  By using our Website, Software, or Service, or otherwise by choosing to provide us with your personal information, you acknowledge and consent to the processing of your personal information in accordance with this Policy and as may be further identified when the personal information is collected.  When we process your personal information for a new purpose, we will document that new purpose and ask for your consent again.

If you do not consent to the processing of your personal information in accordance with this Policy, please do not access or continue to use any of the Website, Software or Service or otherwise provide any personal information to us. 

You may refuse to provide consent or may notify us at any time that you wish to withdraw or change your consent to the processing of your personal information without penalty, subject to legal or contractual restrictions and reasonable notice by (i) changing your privacy preferences through the Website or Software, (ii) deleting your account with the Website or Software and stopping use of the Website or Software, or (iii) opting out of the use of your personal information such as unsubscribing to any functionality, notification, newsletter or mailing list subscription as applicable that we provide through the Website or Software.  However, if you withdraw or change your consent, we may not be able to provide you with the Service through the Website or Software.

Other Legal Bases

Aside from consent, we may also process your personal information under other legal bases, as permitted by the applicable laws. 

Security of Personal Information

The security of your personal information is important to us. We protect personal information using physical, technological and organizational safeguards. We regularly review our practices to ensure they align with reasonable industry practices appropriate to the level of sensitivity to safeguard personal information against loss or theft, unauthorized access, alteration or disclosure.

However, no method of transmission over the Internet, or method of electronic storage, is completely secure; as such, despite our safeguards and protocols, we cannot fully guarantee the security of your personal information and you should always exercise caution when disclosing personal information over the Internet.

Requests for Access to and Correction of Personal Information

Applicable privacy laws allow, to varying degrees, individuals the right to access and/or request the correction of errors or omissions in his or her personal information that is in our custody or under our control. You may request access to and review of your personal information in our possession. However, access may be declined where permitted or required by applicable law.

You may request that we change or delete your personal information in our possession. We reserve the right not to change any personal information if we do not agree that it is inaccurate or outdated, but will append any alternative text the individual concerned believes appropriate.

If access cannot be provided, we will notify the individual making the request within 30 days, in writing, of the reasons for the refusal.

CASL Policy

We are committed to compliance with Canada’s Anti-Spam Legislation (“CASL”).   Any electronic communication we send to outside parties is protected by a range of business procedures, processes and policies to ensure that such communication is done in compliance with CASL. In our electronic communications with outside parties, we comply with the rules established by CASL and enforced by various Canadian authorities including the Canadian Radio-television and Telecommunications Commission. CASL regulates, and our policies generally apply to, each commercial electronic message (a “CEM”) that we send. A CEM is an electronic message sent to an electronic address that, among its purposes, encourages participation in a commercial activity.

In addition to adopting and updating this Policy, we undertake various transparency initiatives to ensure we comply with CASL, which include:

  • Consent— we do not send you CEMs without your consent. This consent typically must be “express” (expressly acknowledged by you), but in certain circumstances can be “implied” or specifically exempt from consent requirements.  We modified or adopted our sign-up, registration and consent forms in order to ensure that your consent is meaningful (i.e. informed and freely given) as per CASL.  When we collect your electronic contact information, you will know the exact purposes behind the collection.

  • Content— we adopted processes to ensure that our CEMs contain the following requirements prescribed under CASL, which will usually be in the footer of the CEM. We will:Clarity— we ensured that each aspect of a CEM, including its header, content, or any links or URLs in the CEM) conveys the appropriate information, whether viewed individually or taken as a whole, so that you always know what you are clicking on.

    • Identify ourselves as the party sending the CEM, and whether we are sending the message on our own behalf or on behalf of someone else;
    • Provide you with our contact information; and
    • Set out a clear, working unsubscribe mechanism or preference centre that is easy to use, automatic, and at no cost to you (other than your own cost of connecting to the Internet).

If you receive a CEM from us but believe that you should not have or no longer wish to receive CEMs, we will aim to respect your preferences in a timely manner once you update them through our unsubscribe mechanism. CASL requires us to process unsubscribe requests within 10 business days.  If you have any questions or concerns about our unsubscribe options, you may contact us at the address indicated in Section 10 below.

Retention of Your Personal Information

We generally keep personal information for only as long as it is needed to accomplish the purposes for which it was collected, or as needed for authorized or legitimate purposes.  More specifically, we retain personal information as long as necessary for the fulfillment of the identified purposes for its collection or as otherwise necessary to comply with applicable laws or protect our interests. When personal information is no longer necessary or relevant for the identified purposes, or is required to be retained by applicable laws, we will take steps to have it deleted, destroyed, erased, aggregated or made anonymous. We use reasonable industry practices to ensure we have adequate controls, schedules and practices for information and records retention and destruction which apply to personal information.

Updates or Changes to this Policy

This Policy was last updated in May of 2020.  We will occasionally update this Policy and revise the "last updated" date appearing in this paragraph.

If we make any material changes we will either (a) notify you by email (sent to the email address listed in your account), or (b) provide a notice on the Website or otherwise through the Service before the change becomes effective. Any change to this Policy will apply to existing information, as well as information collected onwards from the date that this Policy is posted or on the date as specified in the notification. We encourage you to periodically review this page for the latest information on our privacy practices to ensure you are aware of any changes.  Your continued use of the Service signifies your acceptance of any changes to this Policy.

Contact Information for Privacy Officer

You can direct any questions or concerns regarding our compliance with this Policy and our processing of your personal information to our Privacy Officer by emailing privacyofficer@toacanada.com .

If you are not satisfied with our Privacy Officer’s response to your question or concern, you may be able to file a complaint under applicable privacy laws.  Our Privacy Officer will provide you with the contact information to do so if requested. We strive to offer an accessible and simple complaint procedure. We will promptly investigate all complaints received, and if a complaint is justified, we will take the necessary steps to resolve the issue in question.

End of Privacy Policy