Issued on February 15, 2020

ACCEPTANCE OF THE TERMS OF USE AND PRIVACY POLICY

Access to and use of the takers.ca website is subject to the following terms of use (hereinafter referred to as the “Terms of Use”) and privacy policy. By browsing the site and/or registering, you agree to be bound by the Terms of Use below and acknowledge that you have read and understood them. You also acknowledge that you are at least 18 years of age and have the legal capacity to consent to the Terms of Use. If you do not wish to be bound by the Terms of Use, please do not access or use the Site.

TERMS OF USE

TERMINOLOGY

Unless otherwise indicated in the text, the following words which appear in the Terms of Use shall be interpreted as follows:

  • Company“, “Network” or “Platform” refers to TAKERS INC. a corporation registered with the Registraire des entreprises du Québec under number 1174790379;
  • Takers FAMILY” refers specifically to the at-home services division of TAKERS INC.;
  • Takers PRO” refers specifically to the professional services division of TAKERS INC.;
  • User” refers to any person who accesses and uses the site;
  • Requestor” refers to any person who submits a request for bid form on the site;
  • Self-employed workers” refers to any person in the network who uses the site to bid on Contracts. The designation “self-employed worker(s)” includes any owner of a business, whether incorporated or not;
  • Contract” means a project submitted by a Requestor on the site, on which any Self-employed worker member of the network may bid, until the contract is closed by the Company;
  • Service” means any procedure or service offered by the company to users;
  • Site” refers to the company’s website and all its content.

NON-DISCRIMINATION POLICY

On the Site, fixed names such as “cleaning lady” and “handyman” have been used without discrimination, with the sole aim of optimizing the Site’s ranking in the search engines. For greater precision, the masculine and feminine are used without discrimination, for the sole purpose of simplifying the text or ensuring compliance with the above-mentioned fixed designations.

CHANGES TO THE TERMS OF USE

The Terms of Use are subject to change at the sole discretion of the company and without notice. In the event that significant changes are made to the Terms of Use, the Company agrees to post the changes on its home page and/or send an email to the Users notifying them of the changes to the email address provided. No notice will be given of minor changes to the Terms of Use. The User therefore agrees to consult the Site regularly in order to be informed of the latest changes. Any material changes to the Terms of Use will be effective immediately upon posting of the notice of change on the Site. Use of the Site after the posting of changes to the Terms of Use will constitute acceptance by the User of such changes.

MODIFICATION OR TERMINATION OF SERVICES

You acknowledge that the Company may, in its sole discretion, terminate your account or your use of the Service and all information and files related to your account for any reason, including, without limitation, if the Company believes that you have violated the terms or spirit of its Terms of Use. The Company may prohibit you from further access to such information, files or Services unless otherwise agreed in writing.

At any time the Company reserves the right to remove all or part of the content on its site, to modify or cease to offer, temporarily or permanently, all or part of its Services, with or without notice. Nevertheless, when possible, the Company will ensure that its Users are notified of any cessation or suspension of their access to the Services.

You acknowledge that the Company shall not be liable to you or any other party for the interruption or termination of any of its Services.

USER BEHAVIOUR

The User is fully responsible, with the total exemption of the Company, for acts performed on his or her account as well as for information that he or she posts on the Site, sends by email or transmits in any other way. The User also acknowledges that all information posted, whether through the Site or partner sites or privately transmitted, is the sole responsibility of the person who posted such content. The User understands that the Company is not responsible for the accuracy or inaccuracy of any information, personal or otherwise, provided by other Users of the Site or by the User. Consequently, the Company does not guarantee the truthfulness, probity or honesty of the information posted, transmitted or conveyed on its Site or through the Services.

Any material that is illegal, does not respect the rights of others and is defamatory or disrespectful in nature will not be tolerated. The Site may not be used for political or religious promotion or solicitation. The User agrees to comply with applicable regulations and not to reproduce, publish or use in any way whatsoever the content disseminated by takers.ca in any way other than for his or her personal use in connection with his or her profile, bids or applications. In short, the use of the Site is made in good faith and any form of malicious behaviour, discrimination or harassment is prohibited. In the event of behaviour that contravenes the spirit or letter of this policy, the company reserves the right: (i) to delete or withdraw any content that violates the terms hereof or is otherwise objectionable; (ii) to temporarily or permanently prohibit access to and use of the Site by a User. In addition, each User acknowledges and agrees that (i) any termination of his or her access to the Services may occur without prior notice or notice from the Company; (ii) the Company may not be held liable by the User or a third party for any termination of access to the Services; (iii) the company may disclose content posted or transmitted by a User in order to comply with applicable laws, a court order or request, to enforce the Terms of Use of the Services, to respond to complaints alleging infringement of third party rights, to protect the rights or interests of the Company, its Users or the public in general. Thus, each User acknowledges and agrees that the Company may view the content posted or transmitted via the Services to ensure that the terms hereof are met.

No User is authorized to use the Site to advertise or solicit in any way whatsoever, including but not limited to the solicitation of Users of this Site to become users of services, whether they are online or not, that are directly, indirectly, or potentially in competition with the Company. No User may sell the information present on the Company Site to anyone.

If you notice that any User posts false, misleading, obscene, disrespectful or defamatory content on the Site or if you notice any fraudulent use of your account, password or other security breach, you must immediately notify the Company by sending an email to [email protected]

SECURITY

The User is fully responsible for the confidentiality of his or her password and account. He or she acknowledges that his or her username and password allow access to the Site solely for his or her personal use. If the Company has reasonable grounds to believe that a User has provided false, erroneous or inaccurate information, or that a profile created is false, the Company may terminate the User’s access and use of the Site.

In order to ensure the best possible security for Users, the Company reserves the right, at its sole discretion, to ask any User to change his or her password, without necessarily providing the User with the reason for doing so.

In addition, the Company offers no guarantee of compatibility between its Services and the computer or software used by the User and cannot be held liable for any loss, damage or expense of any kind whatsoever that may result from any such incompatibility.

It is strictly prohibited for any User to compromise the security of the Site, manipulate system resources or network access rights, and attempt to guess passwords, hack or spy on the network without authorization. Users are not allowed to send, create or respond to messages (spamming) that could have a detrimental effect on the operation of the Site or prevent Users from making normal use of the Site. If a User is involved in any such breach of the security system, the Company shall be entitled to communicate the details and circumstances of the breach to system administrators, other sites and police and other legal authorities for the purpose of assisting them in their investigations and in resolving such situations.

USER PRIVACY

The Company is committed to respecting and protecting the privacy of Users. For more details, see the Company’s Privacy Policy reproduced below in the “Privacy Policy” section.

SPECIFIC TERMS AND CONDITIONS FOR SELF-EMPLOYED WORKERS

The User hereby:

  1. Agrees to provide personal information (registration data) about him or herself that is accurate and complete and agrees to keep it up to date. The User acknowledges that the Company has no responsibility to ensure that the information transmitted or displayed by a User is complete and accurate and undertakes to exempt the Company from any liability in this regard;
  2. Agrees to use the Services and access the Site for his or her own account, under his or her own identity and without impersonating a third party;
  3.  Accepts and acknowledges that he or she may have access to the contact information (telephone number and email) of the Requestors and that it is his or her responsibility to keep this information confidential.

Any violation of these provisions will result in suspension of the account and access to the Site by the User.

SPECIFIC TERMS AND CONDITIONS FOR REQUESTORS FOR THE TAKERS FAMILY DIVISION

The Requestor hereby:

1.     Acknowledges and accepts that his or her request for bids will be posted on the Company’s website;

2.     Acknowledges and accepts that the Company is not responsible for the content of bids submitted by Self-employed workers;

3. Acknowledges and accepts the disclosure of his or her telephone number and email address to Self-employed workers once their bid has been sent. He or she also accepts that Self-employed workers may follow up one or more times with him or her regarding the bid. He or she acknowledges that the Company is not responsible for the use that Self-employed workers will make of his or her contact details once they are provided to them. The Company agrees to provide the Requestor’s contact information (telephone number and email address) only to Self-employed workers who have submitted bids on the Contract that the Requestor has posted, under one of the following two conditions: (i) the Self-employed worker is a Premium member; or (ii) the Self-employed worker is a Regular member and has paid an additional fee to access the Requestor’s contact information;

4. Recognizes that the number of bids that he or she receives will depend on several factors, including but not limited to the nature and accuracy of his or her needs, the number of Self-employed workers working in his or her field whose skills match his or her needs, etc.;

5. Accepts that his or her request for bids will be posted on the Site with the status of “Open” as follows: until five (5) bids have been sent to him or her, for a maximum of 30 days, after which a “Closed” status will appear beside the Contract.

6. Agrees to receive and consider bids for the 30-day period for which the request is posted or until he or she has received five (5) bids out of respect for potential bidders. If the Requestor has found a resource before the final day of the display period, he or she agrees to write to [email protected] immediately to have his or her advertisement removed.

SPECIFIC TERMS AND CONDITIONS FOR REQUESTORS FOR THE TAKERS PRO DIVISION 

The Requestor hereby:

1.     Acknowledges and accepts that his or her request for quotes will be posted on the Company’s website;

2.     Acknowledges and accepts that the Company is not responsible for the content of quotes submitted by Self-employed workers;

3. Acknowledges and accepts the disclosure of his or her telephone number and email address to Self-employed workers once their quote has been sent. He or she also accepts that Self-employed workers may follow up one or more times with him or her regarding the quote. He or she acknowledges that the Company is not responsible for the use that Self-employed workers will make of his or her contact details once they are provided to them. The Company agrees to provide the Requestor’s contact information (telephone number and email address) only to Self-employed workers who have submitted quotes on the Contract that the Requestor has posted, under one of the following two conditions: (i) the Self-employed worker is a Premium PRO member; or (ii) the Self-employed worker is a Regular PRO or À la carte member and has paid an additional fee to access the Requestor’s contact information;

4. Recognizes that the number of quotes that he or she receives will depend on several factors, including but not limited to the nature and accuracy of his or her needs, the number of Self-employed workers whose skills match his or her needs, etc.;

5. Accepts that his or her request for quotes will be posted with the “Open” status on the site for 10 days, after which a “Closed” status will appear beside the Contract. 

6. Agrees to receive and consider quotes for the 10-day period for which the request is posted out of respect for potential bidders. If the Requestor has found a resource before the final day of the display period, he or she agrees to write to [email protected] immediately to have his or her advertisement removed.

FREE SERVICES — TAKERS FAMILY DIVISION — REQUESTORS

You may complete a bid request form, submit it for posting, and receive up to 5 bids for a Contract directly in your inbox.

FREE SERVICES — TAKERS FAMILY DIVISION — SELF-EMPLOYED WORKERS

You may create a profile free of charge and receive email notifications when a Contract matching your preferences is posted.

FREE SERVICES — TAKERS PRO DIVISION — REQUESTORS 

You may complete a quote request form, submit it for posting, and receive quotes for a Contract directly in your inbox.

PAID SERVICES – TAKERS FAMILY DIVISION – SELF-EMPLOYED WORKERS

  • Regular Membership: Choose between a monthly or annual membership (the current fees are those indicated on the Register page on the Site) – Create a profile without a photo – Bid on an unlimited number of Contracts – Access a client’s contact information by paying a surcharge once your bid has been sent to that client  – Receive email notifications when a Contract matching your preferences is posted. The monthly membership is automatically renewed for an indefinite period of time, unless the Self-employed worker terminates it. The Regular membership is valid for the Takers FAMILY division only.
  • Premium Membership: Choose between a monthly or annual membership (the current fees are those indicated on the Offer my services page on the Site) – Create a complete profile with photo or logo and 5 key details – Bid on an unlimited number of Contracts – Access the contact information of all clients once you have sent them your bids – Receive email notifications when a Contract matching your preferences is posted. The monthly membership is automatically renewed for an indefinite period of time, unless the Self-employed worker terminates it. The Premium membership is valid for the Takers FAMILY division only.
  • Each Self-employed worker agrees to pay the fees for the selected membership as soon as they are due, using a Visa, MasterCard or any other valid credit card. The Company may charge the applicable monthly or annual fees to the credit card account. In the event that a Self-employed worker fails to pay the required fees within the prescribed time limits, the Company reserves the right to terminate the membership without notice or delay, without being liable for any damages that may result from such termination.
  • The Self-employed worker acknowledges that the Company may, at its discretion, change the membership fees.
  • No membership may be transferred or shared with third parties.

PAID SERVICES — TAKERS PRO DIVISION — SELF-EMPLOYED WORKERS 

  • Regular PRO Membership: Create a profile without a photo – Bid on an unlimited number of Contracts – Access a client’s contact information by paying a surcharge once your quote has been sent to that client – Receive email notifications when a Contract matching your preferences is posted. The Regular PRO membership is valid for the Takers PRO division only.
  • Premium PRO Membership: Create a complete profile with photo or logo – Bid on an unlimited number of Contracts – Access the contact information of all clients once you have sent them your quotes – Receive email notifications when a Contract matching your preferences is posted. The Premium PRO membership is valid for the Takers PRO division only.
  • À la carte: Create a profile – Pay $14.99 each time you want to bid on a Contract– Access a client’s contact information by paying a surcharge once your quote has been sent to that client – Receive email notifications when a Contract matching your preferences is posted. The À la carte membership is valid for the Takers PRO division only. 
  • Each Self-employed worker agrees to pay the fees for the selected membership as soon as they are due, using a Visa, MasterCard or any other valid credit card. The Company may charge the applicable monthly or annual fees to the credit card account. In the event that a Self-employed worker fails to pay the required fees within the prescribed time limits, the Company reserves the right to terminate the membership without notice or delay, without being liable for any damages that may result from such termination.
  • The Self-employed worker acknowledges that the Company may, at its discretion, change the membership fees.
  • No membership may be transferred or shared with third parties.

PURCHASE, REFUND AND PACKAGE CHANGE POLICY

No refunds or exchanges will be made after paying for one of our Services, even if you do not use our Services during the validity period of your package. All prices are in Canadian dollars.

A member with a Regular package can switch to a Premium package at any time.* And a member with the annual Regular PRO package can switch to the annual Premium PRO package at any time. The fees will be calculated in proportion to the remaining duration of the subscription. The new subscription will come into effect as soon as the payment is made, according to the duration of the chosen package.

* However, it is not possible to switch from an annual package to a monthly package.

To permanently delete your account, log in to your account and click on “Delete my account”.

SITE OWNERSHIP RIGHTS

The Site contains material that is the exclusive property of the Company, including, but not limited to, web design, photographs, the name “Takers” and its logo, the idea of the Services, the design and structure of the Site, etc. These elements are protected by intellectual property laws. Decomposing, inverting, disassembling or copying and/or reading the code used by the Site’s software in order to examine, copy or create derivative products, based in whole or in part on the Site’s software, is strictly prohibited, except within the limits established by law. No part of the Site and/or its content may be reproduced, published, copied, recorded, posted, transmitted, broadcast or distributed in any way whatsoever, except within the legal limits, and without the prior written consent of the company.

Any unauthorized use of the Site and its content constitutes an act of counterfeiting which is punishable by law. Users wishing to obtain more information on this subject should contact the company at the following address: [email protected]

GRANTING OF LICENCE

By submitting a request for bids on the Company Site, the User grants the Company the free, perpetual, and irrevocable right to use, reproduce, modify, publish, translate, distribute, and display the information contained in his or her request for bids on any medium or technology without limitation as to territory or to time.

USER COMMITMENTS AND RESPONSIBILITIES

Each User agrees not to use takers.ca in an illegal and/or prohibited manner and to comply with any applicable regulations. In particular, but not exclusively, he or she agrees not to use the Services to:

  • Damage the reputation, dignity and moral or physical integrity of any person;
  • Harm minors, by distributing messages, advertisements, images or other pornographic material;
  • Transmit any content that is false, misleading, provocative, discriminatory, that may incite violence, hatred or the commission of crimes and offences;
  • Infringe on the privacy of others, including by transmitting or sharing User information and contact information (address, telephone number, email address, etc.) to any third party (Users or not);
  • Collect, copy and store personal data relating to other Users;
  • Harass another User or Users in any way;
  • Attempt to mislead other Users by impersonating other persons’ names, identities, or company names;
  • Violate the intellectual property belonging to the Company or to a third party;
  • Post, email or otherwise transmit any unsolicited or unauthorized advertising or promotional material (including, but not limited to, “spam” or any other form of solicitation);
  • Recruit members for a pyramid scheme or multi-level marketing company;
  • Fully subcontract a project to a third party, whether or not it is a User and/or subcontract to a third party that is not a company incorporated or registered in Quebec;
  • Intentionally or unintentionally contravene any applicable and current regulatory requirements.
  • Sell any information present on the Site. 

In addition, each User understands and accepts:

  • That he or she uses the Services at his or her own risk;
  • That each User is responsible for his or her own behaviour and interactions with other Users of the Services and the Site;
  • That each User is responsible for his or her own behaviour and interactions with other Users of the Services and the Site;
  • That each User is responsible for the content and information that he or she decides to share with other Users of the Site. The Company distributes this content and information “as is”, without any guarantee of any kind, whether express or implied, including but not limited to, quality, accuracy or validity.

NO GUARANTEE OR RECOMMENDATION

The Company shall not be held liable for any damage, breakage, loss of income or otherwise pursuant to the agreements entered into between the Requestors and the Self-employed workers. The role of the Company and takers.ca is limited to acting as an intermediary between Requestors and Self-employed workers, and its liability may not be engaged for the distribution of content on the Site by a User or for any act or omission on the part of a User. Each Requestor must therefore exercise caution in hiring a Self-employed worker for any project and it is the responsibility of each Requestor to verify the skills, references and background, legal or otherwise, of any Self-employed worker and to conduct any other checks that it deems necessary in the circumstances. The Company recommends that each Requestor provide a written contract or agreement for any project to be carried out by a Self-employed worker. Each of the Requestors and Self-employed workers acknowledges and accepts that the Company will not assume any potential liability for any damage, breakage or loss whatsoever in connection with the contacting of Users and the execution of projects by the Self-employed workers. The Company has not validated the information provided by Users, whether it is the quality or competence of each individual, their compliance with the various laws governing their practice or their professional or other liability insurance. As a result, the Company shall not be held liable for work performed or services rendered under Contracts or agreements entered into between the Requestors and the Self-employed workers, and shall not guarantee the performance and efficiency of the work requested, since no Self-employed worker has been authorized by the Company to perform the tendered projects. It should be noted that the Company does not promote any particular Self-employed worker since its mission is to promote all Self-employed workers who use the Site in order to provide them with the highest possible visibility and so that the Requestors can find a Self-employed worker. It is the obligation of each Requestor to carry out the required verifications and to ensure the competence of the Self-employed workers it hires. Self-employed workers are not employees, representatives or agents of the Company, nor is the Company a representative or agent of the Self-employed workers. The Company is therefore not responsible for Self-employed workers who do not comply with the requirements of the law, nor can it guarantee that each project submitted will be accepted by one of the Self-employed workers in the network.

The Company cannot guarantee that the Site is available at all times, without interruption or error, or that its Site or the servers that enable the Site to operate online are free of viruses or malfunctions. In the event of a site interruption for a reason under the Company’s control, such as site maintenance, the Company will notify Users of the unavailability of the Site. The Company commits to use its best efforts to avoid any interruption of its Site and to restore access to the Site within a reasonable period of time. The User understands that the Company shall not be liable for any damages caused by such interruption. The Company does not guarantee that the use of the Site or any part of the Site will not infringe the rights of others and assumes no responsibility for errors or omissions on any part of the Site.

DISPUTE WITH A SELF-EMPLOYED WORKER

In the event of a dispute with a Self-employed worker, the Requestor must settle it directly with the latter. The Company will not attempt to resolve a dispute between a Requestor and a Self-employed worker, and shall not be liable for any dispute, claim, loss, prejudice or damage of any kind whatsoever that may arise or result from the acts or omissions of a Self-employed worker. In consideration for the privilege of accessing the Site, each User hereby agrees to release the Company and its subsidiaries, affiliates, officers, directors, administrators, employees, agents, licensors, suppliers and other partners from all liability for claims, demands and damages (compensatory and indirect) of any kind whatsoever, known or unknown, alleged or undisclosed, declared or undeclared, arising in any way from any dispute it may have with one or more Self-employed workers, or related in any way to such dispute.

LIMITATION OF LIABILITY

The Company acts only as an intermediary between Users and cannot guarantee that each User will achieve his or her expectations and aspirations by using the Site.

The Company shall not be liable in any way for any damage, loss of income, breakage, loss of revenue or otherwise resulting from the use or inability to use all or part of the content or information on its Site or the Site itself, for any reason whatsoever, even if the Company has been advised that such damage, loss or damage may occur. In this case, the User shall bear the sole cost of any service, repair or correction that may result therefrom.

Finally, each User agrees that in no event shall the Company be liable for any direct, indirect, general, special, compensatory, incidental, consequential (including lost profits), exemplary or punitive damages (even if the Company has been advised of the possibility of such damages) arising in any way from access to, use of or reliance on this Site or the Company’s Services, or their use, or that may be related in any way. The Company disclaims all liability for any damages of any kind, whether direct, indirect, general, special, compensatory, incidental (including lost profits), exemplary or punitive (even if the company has been advised of the possibility of such damages) arising out of the conduct of any person or in connection with the conduct of any person in connection with access to or use of the Site or the Company’s Services, including, without limitation, personal injury, moral damages and any other damages resulting from the services provided by a Self-employed worker.

The Company shall not be liable and shall not provide any reimbursement if a Self-employed worker bids on a Contract that has already been filled and/or purchases the contact information of a client who has already found a Taker, whether they have an À la Carte, Regular, Regular PRO, Premium, or Premium PRO membership. It is stipulated above that the Requestor agrees to receive and consider bids for the 10-day period (for Takers PRO) or the 30-day period (for Takers FAMILY) for which the request is posted out of respect for potential bidders. If the Requestor has found a resource before the final day of the display period, he or she agrees to write to [email protected] immediately to have his or her advertisement removed. If the Requestor fails to fulfill his or her commitment, the Company cannot be held liable for this situation that is beyond its control.

COMPENSATION

The User agrees to defend the Company in any action or claim brought against the Company as a result of any breach by the User of these Terms of Use. The User agrees to defend, indemnify and hold harmless the Company, its directors, officers, employees, agents and subsidiaries from and against any claim, costs and expenses, including attorneys’ fees, arising out of or in connection with its provision of services to a Requestor as a result of any request for bids on the Site by any such Requestor in connection with the Site.

EXTERNAL LINKS

This Site may contain links to other websites. The Company is not responsible for the content and terms of use of these other sites. It is strongly recommended that you review the information regarding the terms and conditions of use of these other sites.

Some User-owned sites may be posted on the Site. The Company is not responsible for any guarantee regarding the content or accuracy of the material on these third-party sites. If the User decides to access these external sites, he or she does so at his or her own risk.

CANCELLATION OR REPLACEMENT OF PREVIOUS AGREEMENTS

These Terms of Use constitute the agreement between the Company and its Users and supersede and terminate any prior agreement between the Company and the Users.

APPLICABLE LAWS AND ELECTION OF DOMICILE

These Terms of Use are subject to the laws of Quebec and Canada applicable in that province. For any claim or legal action for any reason whatsoever relating to the Terms of Use, the Company and the User shall choose the judicial district of Quebec as the appropriate jurisdiction for the hearing of such claims or legal proceedings, to the exclusion of any other judicial district that may have jurisdiction over such dispute in accordance with the provisions of the law.

SEVERABILITY

If any provision of these Terms of Use is held invalid, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

PRIVACY POLICY

The privacy of User Information is important to the Company and the Company makes every effort to preserve it and protect any information that the User may choose to provide to the Company.

The sole purpose for collecting information is to respond to User requests in accordance with the Personal Information Protection and Electronic Documents Act (hereinafter the “Federal Act”) and the Act respecting the protection of personal information in the private sector (hereinafter collectively referred to as the “Act”).

This Privacy Policy (hereinafter, the “Policy”) describes how the Company collects, uses, stores and, where applicable, discloses and transfers personal information (hereinafter, the “Personal Information”) when the User accesses the takers.ca site (hereinafter, the “Site”), creates a profile or posts a call for tenders (collectively hereinafter, the “Services”). Personal information is any information about a natural person that allows that person to be identified (section 2 of the Act).

The User is asked to carefully read this policy and not hesitate to forward any questions about its content to the Company by sending an email to: [email protected] This Policy is effective as of the date mentioned above. The Company reserves the right to change the Policy without notice. It is therefore the User’s responsibility to review the Policy regularly and carefully. Use of the Services after the posting of changes to this Policy will constitute acceptance by the User of the changes. If the User does not agree with the terms of this Policy, he or she is asked not to use the Company’s Services.

The Company is responsible for the personal information collected and it is with this in mind that it ensures that the data collected is processed and that this Policy is respected.

COLLECTION OF PERSONAL INFORMATION

The Company only collects the necessary personal information provided on a voluntary basis, in accordance with applicable law, when the User interacts with the Company’s Services or when he or she contacts the Company. In addition, by using the Services and registering, the User chooses to share personal information, such as, without limitation, first name, last name, full address, telephone number and email address, and a description of the services offered or requested. A credit card number may also be requested when payment for certain services is required. In this case, the Company agrees to respect a recognized and reliable Internet exchange security protocol. This information is also subject to this Policy.

While browsing the Site, some information is collected through log files and cookies (for more information, see the “Cookies” section below). This includes, but is not limited to, the following information:

•              IP and MAC address;

•              Operating system;

•              Pages visited and requested;

•              Connection time and day;

•              Internet service provider.

Knowing that most of this information is used in a general way to optimize services, some is used to improve the User experience or to offer products that match User preferences.

The Services may contain links to other websites. The Company is not responsible for the privacy policies of these other websites. It is strongly recommended that you read the privacy policies of these other sites that may collect personal information. Also, some of the elements offered by the Company come from other content providers. The latter may use cookies or collect information in other ways, including by requesting information from the Site. This Policy applies only to personal information collected by the company. Users are therefore encouraged to check the privacy policies of these other sites before providing them with any personal information.

Personal information is collected only from the User. However, the Company may, without its consent, collect this information from a third party if permitted by law. The law provides that the Company may collect information from third parties if it has a serious and legitimate interest and if any of the following conditions are met:

1)            The information is collected for the benefit of the User and cannot be collected from the User in a timely manner;

2)            Collection from a third party is necessary to ensure the accuracy of the information.

•              Cookies

Cookies, small text files stored on the computer that record certain information, may be used to quickly identify the User as a unique user or to save certain information about the session and/or use of the Company’s Services.

Cookies are created when the User accesses the Company’s Services. These cookies help the Company improve the quality of its Services and allow it to make recommendations to the User.

The “Help” section of the toolbar on most browsers can indicate how to prevent the browser from accepting new cookies, how to enable the alert when a new cookie is created, or how to disable all cookies. On the other hand, if the User does not authorize the use of cookies, certain functions of the Site will not be available.

Company partners may be authorized to install and access their cookies on the User’s computer. The use of these cookies by these third parties is subject to their own policies regarding personal information and not to this Policy.

USE OF PERSONAL INFORMATION

It is not necessary to provide personal information to access the Site. However, to the extent permitted by applicable law, a User who does not provide his or her personal information will not be able to register and/or take advantage of certain features of the Services.

The information collected may be used:

a)         To provide the Services, process and carry out any related transactions;

b)        To verify the identity of the User;

c)         To prevent or detect an attempt at hacking or breach of security or any security risk whatsoever in connection with the Services and for loss prevention and anti-fraud purposes;

d)        To communicate with the User more effectively, for example, to send important notices such as communications about services or changes in policy terms and conditions, or to respond to emails, questions, requests, comments and provide customer service;

e)        In order to generate anonymous statistics on the use of services and to help the Company create, develop, use, deliver and improve its services, content and advertising;

f)         To conduct surveys, contests and sweepstakes;

g)         To personalize and improve User services and experience, and to provide advertisements, newsletters, promotions, rewards, prizes or other*;

h)        To provide the User with news and information about the Company’s events, activities, offers, promotions, products and services;

i)          To disclose information in connection with a court order request, a request from a regulatory body or in the context of law enforcement to protect and assist in protecting the Company’s systems and the public or to enforce a right, at the Company’s discretion;

j)          Any other purpose described in this Policy or for which the Company has informed the User of the collection, use and sharing of information and/or has received the User’s consent.

          *Electronic newsletter: In order to comply with applicable laws, if the User chooses to receive electronic promotional newsletters from the Company, such as when using the Services or when creating the User’s account, the Company may use the information provided to communicate information to the User about promotional offers, special discounts, new products and other events of interest to the User based on the User’s preferences. At any time, if the User no longer wishes to receive these newsletters, he or she may click on the link in an email received from the company. This link will provide the instruction to stop receiving newsletters. Furthermore, the User may send a request to the Company to discontinue receipt of newsletters to the following address: [email protected] Even if the User decides to no longer receive the Company’s newsletters, he or she will still receive non-promotional communications from the Company, such as membership confirmations and/or important notifications regarding the Services and/or his or her account(s).

It should be noted that the Company, its partners or employees may consult the User’s personal information in the course of their duties in order to provide the User with more appropriate access to the Company’s Services.

SHARING OF PERSONAL INFORMATION

The Company will not disclose a User’s personal information to a third party unless the User has previously consented to the disclosure to the third party or in cases provided for by law.

Cases of sharing required by law or concerning the safety and security of the User

It should be noted that, in certain situations, under the law, the Company may disclose certain personal information without the knowledge and consent of the individual concerned. These are some examples:

  • To prevent an act of violence, including suicide, when there are reasonable grounds to believe that a serious risk of death or serious injury threatens an identifiable person or group of persons and the nature of the threat inspires a sense of urgency;
  • To a person to whom this communication must be made because of an emergency situation that endangers the life, health or safety of the person concerned;
  • To a person who, by law, can collect debts for others and who requires it for this purpose in the performance of his or her duties.

PROTECTION OF PERSONAL INFORMATION

The personal information collected is that which is considered essential and the Company protects it in the same way that it protects its own confidential information. It shall ensure that it takes appropriate security measures to protect the personal information collected, used, disclosed, retained or destroyed that are reasonable considering, in particular, its sensitivity, purpose, quantity, distribution and medium. It also ensures that the third parties with whom it does business protect the User’s personal information with the same rigour as that described in this Policy.

When the User uses the Services or posts information on his or her profile, bids or requests for bids, the personal information and content he or she discloses is visible to everyone, unless otherwise indicated on the Site. The User is responsible for the information he or she chooses to share or post in these circumstances.

Despite the Company’s best efforts to protect the User’s personal information, it cannot guarantee that no security breaches will occur. If such a thing should happen, the Company will warn that the User’s information may be at risk. The Company strongly recommends that the User’s accounts and personal information be secured with passwords.

ACCESS TO PERSONAL INFORMATION

Subject to the exceptions provided for by law, the User has a right to access his or her personal information collected about him or her. The User is responsible for the information transmitted as to its accuracy, in particular for any correspondence or delivery address. The User must therefore notify the company if any changes are to be made to his or her personal information.

If the User wishes to dispute, consult, correct or delete the personal information collected by the Company, he or she must send a request to the following address:  [email protected] In compliance with the law, a request for access or rectification may only be considered if it is made in writing by a person who can prove his or her identity as an affected person, as a representative, heir, successor of the latter, as liquidator of the estate or as a beneficiary of life insurance or death benefit.

Personal information will then be disclosed, corrected, revised or deleted in accordance with applicable law.

The Company must respond to the User’s request for access, correction, or deletion no later than 30 days from the date of receipt of the request.

REFUSAL TO PROVIDE PERSONAL INFORMATION

In order to make full use of the Services, the creation of a user profile is necessary and therefore requires a disclosure of personal information by the User. However, the User is not required to provide this personal information, but understands that he or she will not be able to take full advantage of the features offered by the Company’s Services. If this were to happen, he or she would only be able to browse the Site.

APPLICABLE LAWS AND ELECTION OF DOMICILE

This Privacy Policy shall be interpreted in accordance with the laws of Quebec and Canada applicable to that province. For any claim or legal action for any reason whatsoever relating to the Policy, the Company and the User shall choose the judicial district of Quebec as the appropriate jurisdiction for the hearing of such claims or legal proceedings, to the exclusion of any other judicial district that may have jurisdiction over such dispute in accordance with the provisions of the law.

QUESTIONS OR COMMENTS

The User may contact the Company with any complaints or questions regarding this Privacy Policy by sending an email to: [email protected]

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