terms OF USE

 

Crowd Act

Last amendment date: 23 November 2012.
 
Crowd Act Inc. ("Crowd Act") owns and operates the website and related services located at www.CrowdAct.com.  (The website and all related services and any related documentation are called, collectively, the "Website".)
These Term of Use set out the agreement between you and Crowd Act (the "Agreement") under which you may access and use the Website.  

BY ACCESSING OR USING ANY OF THE WEBSITE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS THE SAME MAY BE AMENDED AS PROVIDED HEREIN.  IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET OUT IN THIS AGREEMENT YOU MAY NOT ACCESS OR USE THE WEBSITE.
YOU MAY NOT ACCESS OR USE THE WEBSITE IF YOU ARE LESS THAN 13 YEARS OF AGE.  


Amendments


Crowd Act may amend this Agreement at any time by posting a new agreement in place of this one.  These amendments may include, without limitation, adding to, deleting from or modifying any of the provisions in this Agreement.  Crowd Act will post notice that the Agreement has been amended on its main website located at www.CrowdAct.com for a period of 30 days.  The amended agreement shall automatically be effective when posted.  Your continued use of the Website following the posting of the amended agreement and the posting of such notice shall mean that you accept the terms of this Agreement as amended.  If you do not agree with any of the terms or conditions in the amended Agreement then you agree to immediately cease all use of the Website, which shall be your sole recourse and remedy in the event you are dissatisfied with the amended Agreement. This Agreement may not otherwise be amended.  

The first paragraph of this Agreement indicates when the Agreement was last amended.  Please check back regularly to review for changes. 


License


Provided you are fully complying with this Agreement, you are granted a non-exclusive and non-transferable license to use and access the Website.  


Access

 
In order to access and use the Website you agree to abide by the terms and conditions of this Agreement.  

Certain portions of the Website may require you to have a user id.  This may require you to provide some of your personal information to Crowd Act.  You agree to (a) provide true, accurate, current and complete information about yourself as requested and (b) promptly update this information as required to keep it true, accurate, current and complete.

If you select a username or other identifier, we reserve the right to require that you change the same if we determine in our sole discretion that the username or identifier is not appropriate or incorporates a third party trademark or an element that is confusingly similar to a third party trademark.

Crowd Act has the right, in Crowd Act's sole discretion, to suspend or terminate your current and future access and use of the Website in the event Crowd Act reasonably believes that you are conducting yourself or providing information or other material in a manner which is in breach of this Agreement.

You shall not permit any other person to access the Website through use of your userid/password or otherwise.  You will be solely responsible for all activity of any person using your userid/password.  You are solely responsible for ensuring that your userid/passwords are kept secret.  

Crowd Act may monitor your use of the Website to ensure compliance with this Agreement.


Privacy


Your privacy is very important to Crowd Act.  Our Privacy Policy sets out our privacy practises.  You can view our Privacy Policy at [Drafting Note: Provide a link to the Privacy Policy.] We strongly encourage you to review our Privacy Policy so you understand how your personal information is collected, used and disclosed as well as our privacy practises.


Credits and Fees


In order to access certain portions of the Website and/or use some services or features of the Website you may be required to pay a fee.
In order to access certain portions of the Website and/or use some services or features of the Website you may be required to pay with credits.  As you access those portions of the Website and/or use features or services that require credits, the credits in your account will automatically be reduced in accordance with the number of required credits.

You can purchase credits from time to time.  Credits are non-refundable, have no cash value and are non-transferable.  As well, credits expire one year after they have been credited to your account.  


Standards of Conduct


Crowd Act has established a Standards of Conduct, as may be amended from time to time.  You can view our Standards of Conduct at [Drafting Note: Provide a link to the Standards of Conduct.] You are required to abide by the Standards of Conduct.  If you fail to abide by the Standards of Conduct then Crowd Act shall be entitled to deny you access to the Website and terminate your account.  


Prohibited Activities


You shall not submit any information or material or provide a link to any material, information, product or service, whether to the Website or to any other participant of the Website:
 
 
  • which infringes or potentially infringes any third party intellectual property or other proprietary right including without limitation, copyright, patent, trademark, trade secret, right of publicity or privacy;
  • which is harmful or potentially harmful including, without limitation, that which places the integrity or security of any computer system at risk or distribute any virus, Trojan horse, worm, time bomb or other harmful or invasive computer code; or
  •  which in any way violates any federal, state or provincial law, statute, ordinance or regulation in any jurisdiction including without limitation those relating to export control, consumer protection, unfair competition, discrimination or false advertising.

You shall not, in connection with the Website:
 
  • undertake any activity which creates liability, loss or damage or potentially creates liability, loss or damage to Crowd Act or any of its suppliers or any other participant of the Website;
  • fail to comply with any governmental law, rule, regulation or order that applies to your activities, including but not limited to, tax, consumer protection, unfair competition, discrimination, false advertising, sales and commerce laws and regulations.  You are responsible for determining which laws and regulations apply to you and that your use of the Website complies with those laws and regulations;
  • import, export, sell or offer to sell, directly or indirectly, any regulated item or information in breach of any embargo, trade sanctions, import or export control law that may be imposed by the government in any country;
  • use any spider, robot or other automatic means to search or monitor the Website or any content contained in the Website or any other participant of the Website;
  • you may not offer, promote or publicize any promotional contest;
  • you may not offer, sell, promote or publicize any products or services over the Website;
  • you may not use the Website or any of your postings or other material for any commercial purpose;
  • obtain or seek to obtain access to any software or data of Crowd Act or any of its suppliers other than as specifically permitted as set out in the documentation and as reasonably necessary to use the Website;
  • use any automatic means, including software, to interfere with or attempt to interfere with the Website or any related service or their use by any other participant;
  • cause any unreasonable burden or load on the Website or its computer systems;
  • undertake any activity which creates loss or damage or potentially creates loss or damage to Crowd Act's computer systems;
  • use any material of Crowd Act that is protected by copyright without written consent;
  • use any trademark of Crowd Act without written consent; or
  • use Crowd Act's or any of its supplier's systems, servers or networks for any purpose other than what is reasonably necessary to use the Website.
     

Other Participants and Verification


Other participants of the Website can create a profile on the Website.  A profile is used by a participant to describe who they are.  This applies to both individuals and entities such as companies.  

As with any activity on the Internet, there is a risk that any other individual or entity may be misrepresenting who they actually are.  Their motivation for this misrepresentation may include for the purposes of fraud, deceit, identity theft and other criminal activity.  As such, Crowd Act strongly encourages you to be vigilant in all interactions with others participants of the Website.

Crowd Act does not attempt to verify that any individual or entity is who they claim to be.  

BY ACCESSING OR USING ANY OF THE WEBSITE YOU AGREE TO ASSUME ALL RISKS OF LOSS OR DAMAGE THAT MAY ARISE AS A RESULT OF YOUR INTERACTION WITH ANY OTHER PARTICIPANT OF THE WEBSITE.


Your Submissions


The Website enables you to submit postings, information, other material and links to the Website and to other participants.  (A posting, information, other material or link submitted by you is called a "Submission".)   You agree that all of your Submissions will be in compliance with this Agreement.
Crowd Act does not claim ownership over any of your Submissions.  As well, you can control how they may be distributed through various settings.  Please see the documentation for further information.

For all Submissions covered by intellectual property rights you specifically grant to Crowd Act a non-exclusive, transferable, sub-licensable, royalty-free, irrevocable worldwide license to use, store, reproduce, process, display, disclose, distribute, publish, broadcast, edit, modify, transmit and to otherwise commercially exploit such Submissions in any manner whatsoever, whether in connection with the Website or Crowd Act's other businesses or otherwise.   For greater certainty, the foregoing permits Crowd Act to publish your Submissions, whether alone or with other material, in any form, style or medium whatsoever, now known or later developed, including in book form and on the Internet.

You also grant to Crowd Act a license to allow others to link to your Submissions including in connection with commercial activities and advertising.
If you do not own any Submission, you must first obtain all consents and licenses required to submit the Submission to the Website, the processing of the Submission on the Website, Crowd Act's handling of the Submission in connection with the Website, for the grant of your licenses set out in this section and as otherwise contemplated in this Agreement.  

Nothing in this Agreement will operate to prevent Crowd Act from complying with the law.

All your Submissions may be subject to review by Crowd Act prior to posting the same to the Website or being made available to other participants.  Crowd Act may refuse to post any Submission and may remove the same for any reason, in its sole discretion.  Notwithstanding Crowd Act's review, if any, you agree to indemnify Crowd Act and all other participants for any loss or damage that Crowd Act or any participant may suffer as a result of any Submission that you submit.

Crowd Act's posting of any Submission does not mean that Crowd Act agrees that the Submission  complies with this Agreement or that Crowd Act agrees with the content of the Submission.

For any link submitted, Crowd Act may not review the information or the third party Website that the link may resolves to.  Further, the information may become incorrect or the third party Website may change over time.  Notwithstanding Crowd Act's review, if any, you agree to indemnify Crowd Act and other participants for any loss or damage that Crowd Act or any participant may suffer as a result of the posting of any link that you submit.

Crowd Act and its suppliers shall have no liability to you for any loss of use of the Website or any of your Submissions or loss or corruption of any your Submissions.
Further, for any Submission that is made available to other participants, Crowd Act has no ability to control how those other participants may access and use your Submissions, including, copying, publishing and distributing those Submissions elsewhere.


Personal Information


You shall ensure that you fully comply with all privacy legislation in relation to any personal information you submit to the Website and in particular, you shall obtain any required consents to the placement of any personal information on the Website and to the use, storage, reproduction, processing, display, disclosure, distribution and transmission of the personal information in connection with the Website and Crowd Act's business and all other ancillary activities reasonably necessary for Crowd Act's operation of the Website and its business.  


Participant Submissions


The Website allows other participants to make submissions for posting to the Website, including links to other resources on the Internet.  Some of these submissions may be reviewed by Crowd Act prior to its posting.  However, even if Crowd Act reviews and posts a submission to its Website it does not mean Crowd Act agrees with or endorses the same.  Further, you should assume that Crowd Act has not, in fact, reviewed, verified or investigated any submission that has been submitted to the Website or made available to you or any website to which a link may resolve.  All such submissions remain the sole responsibility of the person who submitted the same.  

Further, you are strongly encouraged to use caution in any reliance on any information, link or other submission that has been posted to the Website or made available to you and you are strongly encouraged to use a secondary means to verify the veracity of any information, link or other submission posted to the Website or otherwise made available to you.

You agree to assume all risks in regards to the condition, suitability, safety, accuracy, quality, integrity and legality of any information or other submission you may use or rely on as well as in respect of any information, product or services offered or made available through any link which has been submitted and posted.  Under no circumstances will Crowd Act be liable in any manner for the same.


Changes and Availability of the Website


Crowd Act may change, add to or delete from the Website or any related services at any time without notice.  You agree to bear all risks, costs and damages that you may incur or suffer as a result of those changes.
You agree that Crowd Act will not be liable for any delay or unavailability of any of the Website, whether due to an act or omission of Crowd Act or an act or omission of any third party.


Security


Crowd Act shall ensure that appropriate firewalls and other security measures are in place to ensure that the Website is secure against unauthorized access in accordance with industry standards.  However, you acknowledges and agrees that applications and systems which are made available over the Internet are inherently insecure against motivated individuals and Crowd Act and its suppliers shall have no obligation or liability to you for any breach of such firewalls or security measures as a result of same.


Links to Internet Resources


Links to other Internet resources which are provided by Crowd Act on the Website are provided as a courtesy and you may only use them at your sole risk.  The condition, suitability, safety, accuracy, quality, integrity and legality of any information, content or other material or any products or services available from or through any links are not investigated, verified or monitored by Crowd Act.  Crowd Act will not be responsible for any such information, content or other material or any such products or services.  Further, the posting of any link does not mean Crowd Act agrees with or endorses any information, content or other material or any products or services available from or through any such links.

No partnership or other relationship should be implied merely from the fact that a link to a third party website is provided on the Website.


Your Suggestions


By making any suggestion or comment to Crowd Act you will thereby be granting , and you agree to grant, to Crowd Act a world-wide, royalty-free, non-exclusive and irrevocable license to use that suggestion or comment in any manner that Crowd Act may wish, including to improve the Website.  You hereby agree and acknowledge that you will not receive any compensation in connection with the same.  
Further, you hereby agree and acknowledge that by providing a suggestion or comment you may be giving up certain proprietary rights, including the right to apply for a patent and the right to receive any economic benefit from your suggestion or comment.  If you are not prepared to grant the foregoing license and to give up these rights or if you do not understand the consequences of providing a suggestion or comment then you should not provide the suggestion or comment to Crowd Act.  Further, if you are in doubt, we encourage you to speak to a lawyer.


Title


You agree that title to and ownership of the Website and any modifications or upgrades made thereto and all intellectual property rights therein shall at all times be held by Crowd Act and its suppliers.

You shall not have any right, title or ownership interest in the Website except the limited right to access and use the Website in accordance with the terms and conditions set out in this Agreement.

You may not, directly or indirectly, decompile or reverse engineer the Website or do anything to attempt to reveal, generate or obtain the source code for the Website.
You may not modify, copy, publish, republish, transmit, sell, create derivative works, display, frame or in any way exploit any content contained on the Crowd Act Website.  While you retain ownership of your own Submissions to the Website you may not in any way commercially exploit your Submissions in connection with the Website.


Errors and Defects


Crowd Act does not represent or warrant that any errors in the Website can or will be corrected.  Any such corrections will be solely at Crowd Act's discretion.  Crowd Act and its suppliers shall have no liability or obligation to you or any third party in the event of any defect or error or any omission in the Website.  
Warranty Disclaimer

THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS USED BY YOU AT YOUR SOLE RISK.  EXCEPT AS OTHERWISE EXPLICITLY SET OUT HEREIN CROWD ACT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS CONCERNING THE WEBSITE, INCLUDING ANY AND ALL WARRANTIES AND CONDITIONS OF DESIGN, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, PERFORMANCE AND ANY AND ALL WARRANTIES AND CONDITIONS THAT MIGHT OTHERWISE ARISE DURING THE COURSE OF DEALING, CUSTOM OR TRADE USAGE AND THOSE WHICH MAY BE IMPLIED BY STATUTE.  
THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, VIRUSES AND OTHER LIMITATIONS.  CROWD ACT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS, VIRUSES OR OTHER LIMITATIONS.


Limitations of Liability


UNDER NO CIRCUMSTANCES SHALL CROWD ACT OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY INJURY INCURRED OR SUFFERED BY YOU WHICH MAY ARISE IN CONNECTION WITH YOUR USE OF THE WEBSITE WHETHER OR NOT CROWD ACT OR ANY OF ITS SUPPLIERS WAS TOLD OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR INJURY AND INCLUDING BUT NOT LIMITED TO THOSE RESULTING FROM DEFECTS IN THE WEBSITE.
 
IN ALL OTHER CIRCUMSTANCES, CROWD ACT'S TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY, HOWEVER ARISING, SHALL BE LIMITED TO $10.00 (CDN) OR THE FEES THAT YOU HAVE ACTUALLY PAID TO CROWD ACT, WHICHEVER IS HIGHER.  THIS LIMITATION SHALL APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND OTHER TORTS, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.


Indemnity


You agree to indemnify and hold Crowd Act, its employees, officers, directors, agents and partners harmless from any and all claims and demands, including reasonable attorney fees, made by anyone due to or arising in connection with your use of the Website or your violation of this Agreement.
Basis of Bargain

You agree and acknowledge: (i) that Crowd Act has set fees and the parties have entered into this Agreement in reliance on the warranty disclaimer, limitations of liability and indemnity provisions set forth herein; (ii) that the same reflect an agreed-to allocation of risk between the parties (including the risk that a remedy may fail its essential purpose and the risk of suffering indirect damages); and (iii) that the same forms an essential basis of the bargain between the parties.  You agree and acknowledge that Crowd Act would not have been able to provide access to and use of the Website on an economic basis (taking into account the amounts charged, if any) without such allocations of risk.  If you do not fully agree with the foregoing you may not access or use the website.


No Agency


The parties are independent parties and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended nor created by this Agreement and neither party shall state or imply anything to the contrary.  


No Waiver


Crowd Act's failure to insist upon or enforce strict compliance with any provision of this Agreement shall not be construed as a waiver of any provision or right of the same or different type in the future.


Entire Agreement


The terms and conditions set out in this Agreement constitute the entire terms and conditions with respect to the access and use of the Website and the relationship between the parties for the purposes of the same.  No representative of Crowd Act is authorized to amend the terms of this Agreement other than as specifically provided for herein.  


Headings


All captions and headings in this Agreement are for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions.  
Severability

If any term or condition of this Agreement or the application thereof to any party or circumstance shall be invalid or unenforceable to any extent the remainder of this Agreement and the application of such term or condition to a party or circumstance other than those to which it is held invalid or unenforceable shall not be affected thereby and each remaining term or condition of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law.  


Assignment


This Agreement may not be assigned by you.  We may assign this Agreement and the Website in connection with a merger or acquisition or other restructuring or other sale or transfer.


Rights and Remedies


The rights and remedies of a party hereunder are cumulative and no exercise or enforcement by a party of any right or remedy hereunder shall preclude the exercise or enforcement by the party of any other right or remedy hereunder or which the party is otherwise entitled by law or equity.


Governing Law


This Agreement, the relationship between you and Crowd Act and your use of the Website and any related services and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the Province of Alberta and those of Canada applicable therein, without reference to their conflict of laws.  


Attornment


You agree that any legal action or proceeding between you and Crowd Act which in any way concerns this Agreement or the use of the Website or the relationship between the parties in connection with the same shall be brought exclusively in the courts of Alberta.  Notwithstanding the foregoing, any party may apply to any court of competent jurisdiction for any equitable relief by way of restraining order, injunction, decree, specific performance, mandatory injunction or otherwise where damages could not adequately be compensated by monetary award and where the Courts of Alberta would not have adequate jurisdiction to grant an effective equitable remedy.


Survival


The rights and obligations under Your Suggestions, Title, Errors and Defects, Warranty Disclaimer, Limitations of Liability, Indemnity, Basis of Bargain, Attornment, Survival and Third Party Rights shall survive the termination of this Agreement for whatever reason.  Termination does not relieve any party of any liability accruing to the date of termination.


Third Party Rights


This Agreement does not confer any third party beneficiary rights.


Notices


Any notice, direction or other communication given regarding the matters contemplated by this Agreement must be in writing and sent and addressed:
to Crowd Act by personal delivery, courier or facsimile at:

[•]
Facsimile:     [•]
Attention:    [•]

to you at the email address provided during the registration process.
 
A notice is deemed to be given and received by Crowd Act: (i) if sent by personal delivery or same day courier, on the date of delivery if it is business day and the delivery was made prior to 4:00 p.m. (local time in place of receipt) and otherwise on the next business day; (ii) if sent by overnight courier, on the fifth business day following delivery of the notice to the courier; or (iii) if sent by facsimile, on the business day following the date of confirmation of transmission by the originating facsimile.
 
A notice is deemed to be given and received by you on the sending of the email.  You will be deemed to have received the email even if it is undelivered.  If your email address changes, you are responsible for updating your email address in your account settings.  Further, you are responsible to ensure that your email account and email address are functioning at all times.  You will bear all risks for failure to comply with the foregoing.

Crowd Act may change its address for service from time to time by providing a notice in accordance with the foregoing.  You may change your address for service from time to time by updating your account information with your new email address.  Any subsequent notice must be sent to the party at its changed address.
 

privacy

CROWD ACT

Personal Information and Privacy Policy

This personal information and privacy policy (the "Privacy Policy") was last amended on 23 February 2013.  

Crowd Act Inc. ("Crowd Act") considers matters relating to the protection of your personal information and your privacy to be extremely important.  Yet, the general intent of Crowd Act's website at www.CrowdAct.com (the "Crowd Act Website") is to enable you to share some of your personal information with others.  In developing this Privacy Policy, Crowd Act wants to assure you that Crowd Act has taken into account your personal information and privacy while at the same time Crowd Act wants to ensure that the Crowd Act Website is usable by you as well as other visitors for its intended purposes. 

Crowd Act encourages you to review this Privacy Policy.  Crowd Act has created and implemented this Privacy Policy so that you understand how your personal information may be utilized and disclosed and how it is protected. 

By providing personal information while using the Crowd Act Website and by dealing with Crowd Act with knowledge of this Privacy Policy, we will assume that you have consented to the collection, use and disclosure of your personal information in accordance with the terms set out in this Privacy Policy unless you advise us otherwise.

If you have questions regarding this Privacy Policy or our privacy practises then please contact our Privacy Officer.  His or her contact information is set out at the bottom of this Privacy Policy.

Our Commitment

Except as otherwise provided in this Privacy Policy, Crowd Act will not sell, rent, loan, trade, lease, transfer or otherwise disclose your personal information, including e-mail addresses, to any third party.

Amendments to this Privacy Policy

Crowd Act may amend this Privacy Policy at any time by posting a new privacy policy in place of this one.  These amendments may include, without limitation, adding to, deleting from or modifying any of the provisions in this Privacy Policy.  Crowd Act will post notice that the Privacy Policy has been amended on its main website located at www.CrowdAct.com for a period of 30 days.  The amended privacy policy shall automatically be effective when posted.  Your continued use of the Crowd Act Website following the posting of the amended privacy policy and the posting of such notice shall mean that you accept the terms of this Privacy Policy as amended.  If you do not agree with any of the terms or conditions in the amended Privacy Policy then you agree to immediately cease all use of the Website and delete your account, which shall be your sole recourse and remedy in the event you are dissatisfied with the amended Privacy Policy. This Privacy Policy may not otherwise be amended. 

The first paragraph of this Privacy Policy indicates when the Privacy Policy was last amended.  Please check back regularly to review for changes. 

Definitions

In this Privacy Policy, the following term has the following meaning:

  • "personal information" means information about you.  Personal information does not include information that cannot be attributed to you.  For example, information of an aggregate or anonymous nature.

Personal Information Made Anonymous

To the extent that we make any of your personal information anonymous or we aggregate it with the personal information of others, then that information will no longer be considered to be personal information.  Therefore, Crowd Act will be entitled to use and disclose personal information in any manner that it desires provided the personal information has been rendered anonymous or aggregated where that information cannot be attributed to you.

Choosing to Provide Personal Information

In using the Crowd Act Website you will have the ability to control the amount of personal information you are providing to the Crowd Act Website and therefore you may restrict the disclosure of your personal information through the Crowd Act Website by not providing your personal information to the Crowd Act Website in the first place. 

Account Options

Some of the options associated with your account will provide you with a number of choices as to how widely some of your personal information will be disclosed once your personal information has been provided to the Crowd Act Website.  Please consider these options carefully.  These options are limited.  In particular, some of your personal information will be provided to any visitor to the Crowd Act Website. 

We encourage you to exercise care in deciding to make your personal information available to others.  Please review the associated documentation at the Crowd Act Website for more information on controlling the disclosure of your personal information.

Consent

When we collect, use or disclose your personal information we will generally obtain your consent.  Most of the time, we will obtain your consent before or at the same time we collect your personal information. In some instances, however, we may seek your consent after we have collected your personal information if we wish to make an additional use or disclosure of your personal information where we do not already have your consent for that new use or disclosure.  This additional consent may be obtained through an amendment to this Privacy Policy as provided above.

Depending on the circumstances, your consent may be express or implied.  Express consent would arise if you specifically consented to a particular dealing in your personal information.  Express consent can be given orally, electronically or in writing.  Implied consent can be inferred from the circumstances.  For example, if we indicate that we may send certain correspondence to your home address and you provide us with your home address, we would not normally obtain your explicit consent to use your home address to send you that correspondence; your consent would be implied in those circumstances. 

We will assume your consent to the collection, use or disclosure of your personal information for a particular purpose if you voluntarily provide the information for that purpose.  

Privacy Policy as a Means of Consent

In addition, certain collection, uses and disclosures that we wish to make of your personal information are specifically set out in this Privacy Policy.  Be sure to review this Privacy Policy since by providing your personal information to us we will assume that you are consenting to the collection, use and disclosure of your personal information in accordance with the terms of this Privacy Policy. 

Opting In, Opting Out and Changing Consent

Crowd Act may, from time to time, provide you with an opportunity to opt out of certain collection, uses and disclosures of your personal information.  At the same time, an implied consent to collect, use or disclose your personal information would arise if you fail to indicate that you wish to opt out of the particular collection, use or disclosure when you are given an opportunity to do so. 

As well, Crowd Act may, from time to time, provide you with an opportunity to opt into certain collection, uses and disclosures of your personal information.  In that case, if you do not opt-in, Crowd Act will assume that you do not consent to your personal information being collected, used or disclosed in that particular manner.

Crowd Act will generally use an opt-out method when the particular use or disclosure is not usual, the information is not particularly sensitive or when Crowd Act believes that most people would likely consent to the particular use or disclosure.  Crowd Act will generally use the opt-in method in other circumstances.

Changing Consent

You may change or withdraw your consent at any time on reasonable notice, subject to pre-existing legal and contractual obligations, by contacting our Privacy Officer as set out below.  If you withdraw certain consents, it may limit the manner in which you can make use of the Crowd Act Website and to otherwise interact with Crowd Act or you may be required to delete your account.  For clarity, your ability to change or withdraw consent is not absolute.  Crowd Act reserves the right to continue handling your personal information in those circumstances required or permitted by law despite a change or withdrawal of consent. Further, any change or withdrawal of consent will not operate to change or withdraw the consents given in connection with the section of the website entitled Submissions to the Website where Crowd Act has already taken any step towards the use or other exploitation of the Submission as described in that section.

Collection

We expect that most of the personal information that we collect will be collected directly from you by us.  Except as otherwise provided in this Privacy Policy, we will obtain your explicit or implied consent to collect your personal information.  When obtaining your consent we will inform you of the uses and disclosures that we wish to make of your personal information unless those uses and disclosures are readily apparent at the time we collect the personal information or are set out in this Privacy Policy. 

In some instances, we may collect your personal information directly from a third party.  In that case, we will generally either obtain your consent to do so or we will require that the third party confirm to us that they are entitled to disclose your personal information to us.

Use

When we use your personal information we will ensure that you had previously provided your consent to that use or if you had not previously provided that consent, we will then obtain your consent if that use is not set out in this Privacy Policy or if that use was not readily apparent at the time we collected your  personal information. 

Except as otherwise provided in this Privacy Policy, we will obtain your explicit or implied consent to use your personal information in a particular manner.  Set out below are certain circumstances where we may use your personal information without obtaining your further consent.  By providing your personal information to us, we are assuming that you are consenting to these uses unless you inform us otherwise.  These are:

[Drafting Note: This list provides typical uses.  Please delete those that are not applicable and add in others that are.]

  • using identification information and contact information, such as your name, address, telephone number and e-mail address to provide information about Crowd Act when you request that information;
  • using identification information and contact information, such as your name, address, telephone number and e-mail address so that we can identify you and deliver the products and services that you request and to communicate with you regarding those products and services;
  • use your email address to send you correspondence as part of our verification process;
  • using payment method preferences and related financial information that you provide to us so that we can obtain payment for the products and services that you request;
  • using information relating to your preferences so that we are able to deliver our products and services to you in accordance with those preferences;
  • using customer relationship information such as your service requests, instructions, comments and feed back to assist us in delivering products and services in accordance with your wishes;
  • using personal information for the purpose for which it was provided and certain other activities that are reasonably ancillary to that purpose.  For example, if you send us an e-mail with a question or comment, Crowd Act will use your e-mail address to respond to you. Further, Crowd Act may store your e-mail and e-mail address and a copy of our response for future reference;
  • using your e-mail address to provide you with information about new features or enhancements to the Crowd Act Website;
  • analyzing your personal information to assist us in developing and enhancing our products and services and our website; and
  • analyzing your personal information to assist us in conducting market analysis and strategic planning.

Except as otherwise provided in this Privacy Policy, Crowd Act will not use your personal information for any other purpose.

Disclosure

When we disclose your personal information we will ensure that you had previously provided your consent to that disclosure or if you had not previously provided that consent, we will then obtain your consent if that disclosure is not set out in this Privacy Policy or if that disclosure was not readily apparent at the time we collected the personal information. 

Except as otherwise provided in this Privacy Policy, we will obtain your explicit or implied consent prior to disclosing your personal information to a third party.  Set out below are certain circumstances where we may disclose your personal information without obtaining your further consent.  By providing your personal information to us, we are assuming that you are consenting to these disclosures unless you inform us otherwise.  These are:

  • Your personal information that you supply to the Crowd Act Website will be disclosed in accordance with the description of that disclosure as set out in the related documentation for the Crowd Act Website or as may be readily apparent through the general operation of the Crowd Act Website;
  • In the event Crowd Act transfers or is considering transferring control of any or all of its operations or services to another organization, Crowd Act reserves the right to transfer and disclose your personal information to that organization.  However, Crowd Act will require that the organization agree that it will be similarly bound by the provisions of this Privacy Policy and that it will only use and disclose your personal information as Crowd Act is similarly entitled under this Privacy Policy;
  • In the event Crowd Act amalgamates with another organisation, Crowd Act reserves the right to permit that amalgamated organisation to continue to use and disclose your personal information.  However, Crowd Act will require that the amalgamated organisation agree that it will be similarly bound by the provisions of this Privacy Policy and that it will only use and disclose your personal information as Crowd Act is similarly entitled under this Privacy Policy;
  • Crowd Act may engage certain product and service providers.  Those providers may provide products and services to Crowd Act to assist Crowd Act in its activities.  Other providers may provide products and services directly to you at the request of Crowd Act.  As such, it may be necessary for Crowd Act to disclose your personal information to these providers.  However, Crowd Act will take steps to ensure that these providers will only use and disclose your personal information as necessary to provide the products and services and that they will adhere to the terms of this Privacy Policy or their own similar privacy policy; and
  • Crowd Act may work with other organisations towards some common purpose consistent with the objectives of Crowd Act.  In that case, it may be necessary for Crowd Act to disclose your personal information to these organisations.  However, Crowd Act will require that these organisations agree that they will only use and disclose your personal information as necessary for the common purpose and that they will adhere to the terms of this Privacy Policy.

 

Submissions to the Website

The Website enables you to submit postings, information, other material and links to the Website and to other participants. (A posting, information, other material or link submitted by you is called a "Submission".)

For any Submission that contains any personal information you hereby consent that Crowd Act may reproduce, display, disclose, distribute, publish, broadcast, transmit and to otherwise commercially exploit such Submissions in any manner whatsoever, whether in connection with the Website or Crowd Act's other businesses or otherwise. For greater certainty, the foregoing permits Crowd Act to publish your Submissions, whether alone or with other material, in any form, style or medium whatsoever, now known or later developed, including in book form and on the Internet.

If any Submission contains any personal information of a third party, you must first obtain the consent of the third party to submit the Submission to the Website, the processing of the Submission on the Website, Crowd Act's handling of the Submission in connection with the Website and for the uses set out in this section.

Use of the Website

In order to use some of the features of Crowd Act’s website, Crowd Act may require that you provide some personal information.  Crowd Act may issue to you a unique "user id" which you will be required to provide each time you use certain features and services.

If you have a user id, then Crowd Act may collect information about your use of the features and services (whether or not you provide your user id each time) and Crowd Act may associate this information with your other personal information. 

Our web server collects the domain names, IP addresses and the website activity of visitors.  This information is aggregated for the purposes of measuring the number of visits, average time spent on the website, pages viewed, and other similar purposes.  Crowd Act uses this information to measure the use of our website and to improve the content of our website.

A technology called cookies may be used on certain pages of our website.  A cookie is a tiny element of data that a website can send to your browser, which may then be stored on your hard drive so the website can recognize you when you return.  Cookies allow us to provide you with tailored information and to provide services to you via the Internet.  If your browser permits, you may set your browser to notify you when you receive a cookie or to reject cookies altogether.  (See the documentation provided with your Internet browser for more information on cookies and how to disable them.)

Other Collection, Use and Disclosure

Crowd Act may monitor your use of the services to ensure the proper use and operation of the Crowd Act Website and your compliance with the Terms of Use for the Website.

As well, the law permits or requires the collection, use and disclosure of personal information without the knowledge or consent of the individual in a number of circumstances.  We reserve the right to collect, use and disclose your personal information in these circumstances without your knowledge or consent as the law may permit.

Accuracy and Completeness

When we collect, use or disclose personal information, we will make a reasonable effort to ensure that it is accurate, up to date and complete.   To do so, we may need to request additional information from you or have you verify your information.  If your personal information does change, we would appreciate it if you could inform us of those changes in order that your personal information in our possession remains accurate.

Retention and Destruction

For legal and business purposes we may retain your personal information for as long as it is reasonably needed.  Upon expiry of the appropriate retention period, bearing in mind our reasonable legal and business requirements, your personal information will either be destroyed in a secure manner or made anonymous.  You should be aware that there are legally required minimum retention periods, which Crowd Act must and does observe.

Security of Personal Information

Crowd Act recognizes its obligation to protect personal information in its possession and will make reasonable arrangements to secure that personal information against unauthorized access.  These measures will be reasonable in the circumstance and may include providing access to only those individuals with a need to know the information, locked doors and/or filing cabinets and other physical and electronic security measures as well as contractual measures, such as non-disclosure or confidentiality agreements. 

Requests for Access to Personal Information

On your written request we will provide you with:

  • access to your personal information (if any) under our custody or control;
  • information about the purposes for which your personal information under our custody or control has been and is being used by us; and
  • the names of persons to whom, and the circumstances in which, your personal information has been and is being disclosed by us.  For this item, to the extent you permit your personal information to be viewed by visitors to our website we will not likely be able to tell you who has viewed that information as we may not collect that information.

All requests may be subject to reasonable fees and disbursements.  Where appropriate to do so, we may require advance payment of a deposit or the entire costs of responding to a request for access to personal information.

Requests Must be in Writing

We require that all requests for access be in writing and be signed by the requestor.  We required sufficient information and detail from the requestor in order to verify their identity, properly locate the information and respond to the request. 

Limits on Individual Rights to Information

An individual's ability to access his or her personal information under our control is not absolute.  Crowd Act reserves all rights to not disclose personal information in certain circumstances.  For example, we may not disclose personal information where:

  • the disclosure could reasonably be expected to threaten the safety or physical or mental health of an individual other than the individual who made the request;
  • the disclosure would reveal personal information about another individual;
  • the disclosure of the information would reveal confidential commercial information; or
  • the personal information was collected by us for an investigation or legal proceeding.

Requests for Correction of Personal Information

On request by you, we will correct errors or omissions in your personal information where that information is in our custody or control.   We require that all such requests be in writing and signed by you.  We may require sufficient information and detail from the individual in question in order to verify their identity, properly locate the information and provide a response. 

If you make such a request, we will either:

  • correct the personal information and, if reasonable to do so, send correction notifications to any third party to whom we disclosed the incorrect information; or
  • decide not to correct the personal information but we will annotate the personal information that a correction was requested but not made.

Corrections or amendments will rarely, if ever, be made to opinions, including expert or professional opinions, as opposed to factual information, which may be corrected if in error.

Limited Nature of this Privacy Policy

Nothing contained in this Privacy Policy is intended to create a contract or agreement between Crowd Act and you and you may not rely on it as such.

Contacting or Communicating With Us

If you:

  • have any questions with respect to our privacy policies or practises;
  • have any questions with respect to our handling of your personal information;
  • if you wish to request access to or correction of your personal information under our care or control; or
  • if you are dissatisfied with our handling of your personal information,

please contact our Privacy Officer at: contact@crowdact.com

 

 


Standards of Conduct

These Standards of Conduct were last amended on 03 December 2012.

THE FOLLOWING DESCRIBES CROWD ACT'S STANDARDS OF CONDUCT FOR THE WEBSITE AND SERVICES LOCATED AT WWW.CROWDACT.COM (the "Website").  BY ACCESSING OR USING ANY OF THE WEBSITE YOU ARE AGREEING TO BE BOUND BY THESE STANDARDS OF CONDUCT, AS MAY BE AMENDED AS INDICATED BELOW.  IF YOU DO NOT AGREE WITH ALL OF THE STANDARDS OF CONDUCT YOU MAY NOT ACCESS OR USE THE WEBSITE.

Your Conduct

You shall not submit any information or material or provide a link to any information, material, product or service, whether to the Website or to any other participant of the Website which:

-          is obscene or contains pornography of any kind or that is graphic;

-          infringes or potentially infringes any person's rights including without limitation right of publicity or privacy;

-          is unlawful, malicious, threatening, abusive, harassing, tortuous, vulgar, hateful or is racially or ethnically offensive;

-          is false or misleading;

-          is defamatory or libellous of any person or organization; or

-          is harmful or potentially harmful including, without limitation, that which places any person's health or safety at risk.

You shall not, in connection with the Website:

-          use the Website to commit any dishonest act, act of fraud or which does or which is intended to deceive anyone in relation to anything;

-          make available or send any unsolicited or unauthorized advertising, promotional material, junk mail, spam, chain letters, unlawful multi-level marketing schemes, pyramid schemes or any other form of solicitation.  Certain parts of the Website have been designated for communications.  You may use those parts to communicate with other participants, but only for permitted communications and only as reasonably necessary for such communications;

-          access or use or attempt to access or use any personal information of any other user or other person;

-          access or use or attempt to access or use any account or password of any other user;

-          breach or circumvent or attempt to breach or circumvent any security measure that has been employed for the Website;

-          use any automatic means, including software, to interfere with or attempt to interfere with the operation of the Website or its use by any other user;

-          undertake any activity which creates undue burden or interferes with the Website or its use by others;

-          do anything that discredits or reflects adversely upon the reputation of Crowd Act or any of its suppliers or negatively affects the goodwill associated with Crowd Act's or any of its supplier's trademarks or the Website; or

-          facilitate or encourage any violation of these Standards of Conduct.

Amendments

Crowd Act may amend these Standards of Conduct at any time by posting new standards of conduct in place of this one.  Crowd Act will post notice that the Standards of Conduct have been amended on its main website located at www.CrowdAct.com for a period of 30 days.  The amended Standards of Conduct shall automatically be effective when posted.  Your continued use of the Website following the posting of the amended Standards of Conduct and the posting of such notice shall mean that you accept the Standards of Conduct as amended.  If you do not agree with any of the amended Standards of Conduct then you agree to immediately cease all use of the Website, which shall be your sole recourse and remedy in the event you are dissatisfied with the amended Standards of Conduct. These Standards of Conduct may not otherwise be amended. 

The first paragraph of these Standards of Conduct indicates when these Standards of Conduct were last amended.  Please check back regularly to review for changes.

 

 

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