This privacy policy is applicable to the Site accessible at www.ecollo.com, which is owned and operated by
Ecollo.com Inc. (hereinafter referred to as “Ecollo”, "we", "our", or "us"). The
purpose of this privacy policy is to disclose to you what information we may
collect, how we may collect it, with whom we may share it, and certain other
matters related to such information, including the choices you have regarding
our collection of information and our use and disclosure to other parties of
information we may have collected from you.
TYPES OF INFORMATION THAT MAY BE COLLECTED
The following are the types of
information we may collect:
Information You Provide Us
Personal information that you provide to us,
such as your user ID and password, name, email address, telephone number,
physical address, birth date, gender or postal code or other information may be
collected via the Site.
Site Usage Information
We may receive and store certain types of
information whenever you visit the Site. For example, we may collect clickstream
data and your IP address.
Email Communications
When you open emails from the Site, we may receive a
confirmation noting you opened an email from us, if your computer supports such
capabilities. We also may keep track of what emails we send you and what emails
you may be receiving from us and our subsidiaries and affiliates. Additionally,
we keep a record of what types of emails you have opted to and not to receive.
Information from Other Sources
We may receive information about you from
other sources and add it to your personal information.
HOW INFORMATION MAY BE COLLECTED
We may collect information from you in
several different areas on the Site, including but not limited to those
described below:
Registration
You may be asked first to complete a registration form and
provide personally identifiable information; you may also be asked to choose a
user ID and password in order to take advantage of certain features the Site may
choose to offer, including, but not limited to, Newsletters, Contests, Forums,
Fantasy or other subscription-based services.
Newsletters and Site Emails
We may offer free newsletters to share
information with you about the Site, about us and our affiliates and
subsidiaries, or about our business partners and advertisers and sponsors. You
may receive a newsletter either by registering for a particular newsletter or in
conjunction with a special feature or membership for which you have registered
on the Site. You may cancel your free email subscription by following the
instructions provided on the Site or, in some instances, in the designated area
of certain newsletters or emails.
Contests or Sweepstakes
We may operate contests and sweepstakes through
the Site which may require registration. Your personally identifiable
information may be used to contact you for winner notification, prize delivery
confirmation or other related purposes. We may ask your permission to allow us
to post publicly some of your information on the Site, such as on a winners
page, in the event you win a contest or sweepstakes. We will not post your
information without your permission. In some instances, a third party advertiser
or sponsor may operate or host a contest or sweepstakes on the Site, and collect
your information. In those cases, where we are not the operator or host of the
contest or sweepstakes, we have no control over the information collected and
accordingly urge you to review the advertiser’s or sponsor’s privacy policy
applicable to the contest or sweepstakes before participating.
Surveys or Voting
From time-to-time we may request personally
identifiable information from you via surveys or voting polls. Participation is
voluntary and you will have the opportunity to decide whether or not to disclose
information. At times, you may have to register to vote or to take part in a
survey.
Cookies
As with many Websites, the Site uses standard technology called
"cookies," which are small data files that are transferred to your computer when
you allow your browser to accept cookies. Cookies automatically identify your
Web browser to the Site whenever you visit the Site, and make using the Site
easier for you by saving your passwords, purchases, and preferences. By tracking
how and when you use the Site, cookies help us determine which areas are popular
and which are not. Many improvements and updates to the Site are based on data
obtained from cookies. Accepting cookies allows you, among other things, to
personalize your experience on the Site. Cookies may also allow the Site to
present to you advertising which may be of interest to you. If you do not want
information collected through the use of cookies, you generally can opt out of
providing this information by turning the cookies off in your browser; however,
some areas of the Site may not provide you with a personalized experience if you
have disabled the use of cookies.
IP Addresses and Clickstream Data
We may collect IP addresses and/or
clickstream data for purposes of system administration and to report aggregate
information to our advertisers and sponsors. An IP address is a number that is
automatically assigned to your computer whenever you access the Internet. Our
computers identify your computer by its IP address. When you request Web pages
from the Site, our computers log your IP address. Clickstream data is
information collected by our computers when you request Web pages from the Site.
Clickstream data may include such information as the page served, the time, the
source of the request, the type of browser making the request, the preceding
page view and other such non-personal information. When analyzed, this data
helps us analyze how visitors arrive at the Site, what type of content is most
popular, what type of visitors in the aggregate are interested in particular
kinds of content and advertising, and the like.
Transaction Information
If you order any information from our Site, buy
any of our products or subscribe for any of the services offered on our Site, we
will ask you to complete an order form that will request certain information
from you, including financial information such as a credit card number and
expiration date and general contact, billing and shipping information. We will
use this information to complete the transaction that you have requested, i.e.,
to deliver the information, products or other services that you order, and to
invoice you. Such information is collected and stored through encrypted means
for your protection.
HOW WE USE THE INFORMATION COLLECTED
We own the information collected via
this Site. As applicable, the information you provide to us may be used to:
• contact you about the Site;
• contact you relating to your membership
status;
• confirm or fulfill an order you have made;
• monitor or
improve the use of the Site;
• customize the advertising and content you
see;
• monitor compliance with our terms and conditions of use of the Site;
• provide special offers to you from us and/or their respective affiliates
and subsidiaries and other third parties;
• send you promotional material on
behalf of our business partners;
• inform you of a prize you have won.
WITH WHOM THE INFORMATION MAY BE SHARED
At times, we may share your
personally identifiable information with others for various purposes. The
following outlines the ways in which your information may be shared with others:
Agents:
We may employ other businesses, certain services and individuals
to perform functions on our behalf. Examples include fulfilling orders, sending
e-mail, removing repetitive information from customer lists, Site analysis,
analyzing data, providing marketing assistance, processing credit card payments,
and providing customer service. These entities have access to personally
identifiable information needed to perform their functions, but may not use it
for other purposes.
Promotional Offers:
We may send offers by email to you on behalf of other
partners. When we do this, we do not give that partner your name and address. If
you do not want to receive such offers, you may opt out in response to the
email, or change your preferences by visiting http://www.ecollo.com.
Aggregate Information:
We may share aggregate information such as
demographics and Site usage statistics with advertisers, sponsors or other
organizations. When this type of information is shared, the other parties do not
have access to your personally identifiable information.
Opt-in and Opt-out Programs:
Throughout the Site you may be presented
with opportunities to receive special offers from third parties. An
opt-in/opt-out message will ask you if you would like your information to be
shared. If you do choose to have your information shared, in an effort to
protect you, third parties who have access to personally identifiable
information must abide by the current Site privacy policy. However, we are not
responsible for the privacy practices of these other companies, and you should
review the privacy practices of such Web sites prior to providing your
personally identifiable information.
Partners Subsidiaries and Affiliates:
We may share your information
(including, without limitation, personally identifiable information) with our
subsidiaries and affiliates.
Business Transfers:
The Site may be sold along with its assets, or other
transactions may occur in which your personally identifiable information is one
of the business assets transferred. In such a case, your personally identifiable
information, which we have gathered, may be one of the business assets we
transfer.
Legal Process:
In the event we are required to respond to subpoenas, court
orders or other legal process your personally identifiable information may be
disclosed pursuant to such subpoena, court order or legal process, which may be
without notice to you.
Chat Rooms, Forums, and Message Boards
The Site may make chat rooms,
forums and message boards available to its users. While you are required to
register with the site for access to these areas, you are not required to
provide any personal information when using these areas but you may choose to do
so. If you post personal information online, it will be publicly available and
you may receive unsolicited messages from other parties. We cannot ensure the
security of any information you choose to make public in a chat room, forum, or
message board. Also, we cannot ensure that parties who have access to such
publicly available information will respect your privacy. Please exercise
caution when deciding to disclose personal information in these areas.
Links to Other Web Sites
This privacy policy applies only to this Site.
When you are on the Site you could be directed to other sites beyond our
control. For example, if you "click" on a banner advertisement, the "click" may
take you off the Site onto a different Web site. This includes links from
advertisers, sponsors and others that may use the Site’s logo as part of a
co-branding agreement. These other Web sites may send their own cookies to you,
independently collect data or solicit personal information and may or may not
have their own published privacy policies. If you visit a Website that is linked
to our Site, you should consult that site’s privacy policy before providing any
personal information.
SECURITY
This Site incorporates reasonable safeguards to protect the
security, integrity, completeness, accuracy and privacy of the personal
information that we may collect and we have put into place reasonable
precautions to protect such information from loss, misuse and alteration.
Certain personally identifiable information, such as credit card information, is
transferred to our computers utilizing encryption software. Only those employees
who need access to your information in order to do their jobs are allowed
access. Our security policies are reviewed periodically and revised as required.
A SPECIAL NOTE FOR PARENTS CONCERNING PRIVACY
The Site is a general
audience site. We do not currently collect any personal information from
children under the age of thirteen on the Site. If in the future, we knowingly
collect personally identifiable information from children, we will do so in
compliance with the Children's Online Privacy Protection Act of 1998 (15 U.S.C.
6501 et seq.) including, without limitation, obtaining necessary parental
consents.
NOTIFICATION OF CHANGES AND YOUR ACCEPTANCE OF THE PRIVACY POLICY
By
using this Site, you signify your agreement to the terms of this privacy policy.
If we decide to change or update this privacy policy, we will post the change or
update here. If at any point we decide to use personally identifiable
information in a manner different from that stated at the time it was collected,
we will notify you by way of an email or some other means. Your continued use of
the Site shall constitute your acceptance of such revised privacy policy.
CORRECTION/UPDATING PERSONAL INFORMATION
If your personally identifiable
information (such as your address) changes, or if you no longer desire to access
our Site, you may correct, update or remove the personal data you have provided
to us by making changes to your profile, by using an opt out message in an
email, or by emailing member Sites at admin@ecollo.com with your request. If you
have any questions about this privacy policy or the privacy practices of this
Site, you can contact: admin@ecollo.com.
Disclaimers
ECOLLO DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE
OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS
WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.
THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ECOLLO
CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE
FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ECOLLO DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY,
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ECOLLO
DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD
PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY ECOLLO
SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY
LINKED SITES. YOUR SOLE REMEDY AGAINST ECOLLO FOR DISSATISFACTION WITH THE SITE
OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF
RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by
any failure of performance, error, omission, interruption, deletion, defect,
delay in operation or transmission, computer virus, communication line failure,
theft or destruction of or unauthorized access to, alteration of, or use,
whether for breach of contract, tort, negligence or any other cause of action.
Ecollo reserves the right to do any of the following, at any time, without
notice: (1) to modify, suspend or terminate operation of or access to the Site,
or any portion of the Site, for any reason; (2) to modify or change the Site, or
any portion of the Site, and any applicable policies or terms; and (3) to
interrupt the operation of the Site, or any portion of the Site, as necessary to
perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event
will Ecollo be liable to you for any indirect, consequential, exemplary,
incidental or punitive damages, including lost profits, even if Ecollo has been
advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Ecollo is
found to be liable to you for any damage or loss which arises out of or is in
any way connected with your use of the Site or any Content, Ecollo’s liability
shall in no event exceed the greater of (1) the total of any subscription or
similar fees with respect to any service or feature of or on the Site paid in
the six months prior to the date of the initial claim made against Ecollo, or
(2) CDN$100.00. Some jurisdictions do not allow limitations of liability, so the
foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold Ecollo, its officers, members,
directors, shareholders, predecessors, successors in interest, employees,
agents, subsidiaries and affiliates, harmless from any demands, loss, liability,
claims or expenses (including attorneys’ fees), made against Ecollo by any third
party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
Ecollo may disclose any information we
have about you (including your identity) if we determine that such disclosure is
necessary in connection with any investigation or complaint regarding your use
of the Site, or to identify, contact or bring legal action against someone who
may be causing injury to or interference with (either intentionally or
unintentionally) Ecollo’s rights or property, or the rights or property of
visitors to or users of the Site, including Ecollo’s customers. Ecollo reserves
the right at all times to disclose any information that Ecollo deems necessary
to comply with any applicable law, regulation, legal process or governmental
request. Ecollo also may disclose your information when Ecollo determines that
applicable law requires or permits such disclosure, including exchanging
information with other companies and organizations for fraud protection
purposes.
You acknowledge and agree that Ecollo may preserve any transmittal or
communication by you with Ecollo through the Site or any service offered on or
through the Site, and may also disclose such data if required to do so by law or
Ecollo determines that such preservation or disclosure is reasonably necessary
to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to
claims that any such data violates the rights of others, or (4) protect the
rights, property or personal safety of Ecollo, its employees, users of or
visitors to the Site, and the public.
You agree that Ecollo may, in its sole discretion and without prior notice,
terminate your access to the Site and/or block your future access to the Site if
we determine that you have violated these Terms of Use or other agreements or
guidelines which may be associated with your use of the Site. 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 Ecollo, for which
monetary damages would be inadequate, and you consent to Ecollo obtaining any
injunctive or equitable relief that Ecollo deems necessary or appropriate in
such circumstances. These remedies are in addition to any other remedies Ecollo
may have at law or in equity.
You agree that Ecollo may, in its sole discretion and without prior notice,
terminate your access to the Site, for cause, which includes (but is not limited
to) (1) requests by law enforcement or other government agencies, (2) a request
by you (self-initiated account deletions), (3) discontinuance or material
modification of the Site or any service offered on or through the Site, or (4)
unexpected technical issues or problems.
If Ecollo does take any legal action against you as a result of your
violation of these Terms of Use, Ecollo will be entitled to recover from you,
and you agree to pay, all reasonable attorneys’ fees and costs of such action,
in addition to any other relief granted to Ecollo. You agree that Ecollo will
not be liable to you or to any third party for termination of your access to the
Site as a result of any violation of these Terms of Use.
Governing Law; Jurisdiction
You agree that all matters relating to your
access to or use of the Site, including all disputes, will be governed by the
laws of the Province of Alberta, Canada.
This Agreement has been delivered at and shall be deemed to have been made
and entered into in Calgary, Alberta.
Accordingly, the rights and liabilities of the parties shall be determined in
accordance with the laws of the Province of Alberta, without regard to its
principles of conflicts of laws.
The parties agree that the exclusive jurisdiction and venue for the
resolution of any dispute arising from or relating to this Agreement shall lie
in the Province of Alberta, sitting in Calgary, Alberta.
Each party irrevocably consents to the service of process in any such dispute
if served in accordance with the notice provisions contained herein.
Void Where Prohibited
Ecollo administers and operates the www.Ecollo.com Site from its location in
Calgary, Alberta Canada; other Ecollo sites may be administered and operated
from various locations outside of Canada. Although the Site is accessible
worldwide, not all features, products or services discussed, referenced,
provided or offered through or on the Site are available to all persons or in
all geographic locations, or appropriate or available for use outside of Canada.
Ecollo reserves the right to limit, in its sole discretion, the provision and
quantity of any feature, product or service to any person or geographic area.
Any offer for any feature, product or service made on the Site is void where
prohibited. If you choose to access the Site from outside of Canada, you do so
of your own initiative and you are solely responsible for complying with
applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any
copy or adaptation of such Content, or any product or service offered on the
Site, in violation of any applicable laws or regulations, including without
limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other
tribunal of competent jurisdiction to be void or unenforceable, such provisions
shall be limited or eliminated to the minimum extent necessary and replaced with
a valid provision that best embodies the intent of these Terms of Use, so that
these Terms of Use shall remain in full force and effect. These Terms of Use
constitute the entire agreement between you and Ecollo with regard to your use
of the Site, and any and all other written or oral agreements or understandings
previously existing between you and Ecollo with respect to such use are hereby
superseded and cancelled. Ecollo will not accept any counter-offers to these
Terms of Use, and all such offers are hereby categorically rejected. Ecollo’s
failure to insist on or enforce strict performance of these Terms of Use shall
not be construed as a waiver by Ecollo of any provision or any right it has to
enforce these Terms of Use, nor shall any course of conduct between Ecollo and
you or any other party be deemed to modify any provision of these Terms of Use.
These Terms of Use shall not be interpreted or construed to confer any rights or
remedies on any third parties.
Ecollo provides access to Ecollo international data and, therefore, may
contain references or cross references to Ecollo products, programs and services
that are not announced in your country. Such reference does not imply that
Ecollo in your country intends to announce such products, programs or services.
Feedback and Information
Any feedback you provide at this site shall be
deemed to be non-confidential. Ecollo shall be free to use such information on
an unrestricted basis.
The information contained in this web site is subject to change without
notice.
Copyright © 2007 Ecollo.com Inc.
All rights reserved.