Privacy Policy
Your privacy is important to us. Nano is committed to protecting the privacy, confidentiality, security and accuracy of the personal information we collect, use and disclose. This privacy policy (the “Privacy Policy”) is a statement of principles and guidelines outlining how we collect, use, disclose and protect the information we collect. Nano’s privacy practices are in accordance with all applicable federal and provincial laws and regulations.
BY USING OUR SITES, YOU AGREE WITH THE TERMS OF THIS PRIVACY POLICY. WHENEVER YOU SUBMIT INFORMATION VIA OUR SITES, YOU CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF THAT INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY. PLEASE BE SURE TO READ OUR ENTIRE PRIVACY POLICY BEFORE SUBMITTING INFORMATION TO OUR SITES. Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the identified purposes at any time by contacting us. If you refuse or withdraw your consent, we may not be able to provide you or continue to provide you with certain services or information that may be of value to you.
Canadian privacy legislation defines personal information broadly as information about “an identifiable individual” or as information that allows an individual to be identified. The types of personal information that we may collect from you from time to time include: your name, address, telephone number, e-mail address, and birth date. In addition, from time to time, we may ask you to provide us with more detailed information regarding your interests, occupation, and background. For example, we sometimes ask our subscribers to complete surveys in order to get a better sense of who they are and what topics may be of interest to them. Finally, from time to time, we may acquire demographic and other information about you (e.g. your occupation and interests) in order to serve you better.
We collect your personal information to provide you with helpful, relevant information through our sites and e-mails.
We may disclose your personal information to our affiliates and to the following third parties in the following circumstances:
(a) Disclosure to Service Providers
We may disclose your personal information to other companies that provide services on our behalf, including our software developers (including website developers and hosts), data processing providers, document management providers, and office services providers. We will only provide those companies with the information they need to deliver the service(s) contracted for and we will ensure that they enter into agreements with us to protect the personal information that they receive.
(b) Law Enforcement and Legal Disclosure
Nano may disclose your personal information to a government institution that has asserted its lawful authority to obtain the information or where Nano has reasonable grounds to believe the information could be useful in the investigation of unlawful activity, or to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with court rules regarding the production of records and information, or to Nano’s legal counsel.
If you would prefer for us NOT to share your information as described above, simply inform us (see “Contact Us” below).
At Nano, we want you to be able to maintain control over how we use your personal information. In particular:
You always have the option to instruct us not to use your name, address, e-mail address, etc. beyond providing you with the service(s) or information you requested (see “Contact Us” below).
E-mail communications will always include an identification of the sender and an “Unsubscribe” option.
Your personal information is stored in secured locations and on servers controlled by Nano, located either at our offices or at the offices of our service providers. For access to your personal information, please contact us using the contact information in the “Contact Us” section below.
Upon written request, subject to certain exceptions, Nano will inform you of the existence, use, and disclosure of your personal information and will give you access to that information. Access requests should be sent to our Chief Privacy Officer, using the contact information in the “Contact Us” section below. If Nano determines not to provide you access to your personal information, we will provide an explanation.
Individuals may request the correction of their personal information, and Nano will make the necessary correction(s).
We make every reasonable effort to protect against the loss, misuse, and alteration of personal information under our control. Only authorized employees and suppliers have access to your personal information. Nano retains your personal information only as long as necessary to fulfill the identified purpose(s) or as otherwise required or allowed by law. Also, if you send us an email message, we may retain that message and your email address, as well as any response we send you.
For your convenience, search functions are provided on our website. We keep logs of the words searched to learn more about what kind of information our visitors are seeking, and thus improve our services.
For your convenience, Nano's website sometimes contains hyperlinks to websites managed by third parties. By activating these hyperlinks, you will leave our sites for those of the third parties, which may have different privacy policies and practices than Nano. Nano cannot be held liable for the use of such third party websites.
We believe that Nano's advertising does not appeal directly to children 13 years old and under. We do not knowingly direct our advertising at children under the age of 13, except as permitted by law.
No personal information should be submitted to or posted on our sites by individuals under 18 years of age without their parent’s or guardian’s permission.
If you have any questions, concerns or requests relating to this Privacy Policy, please contact us at 1-888-226-4116.
Nano reserves the right to be update, modify, or supplement this Privacy Policy from time to time.
This Privacy Policy is intended to comply with the provisions of the Personal Information Protection and Electronic Documents Act (Canada).
As you browse nanoboostdigital.com, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising partners, (AdRoll/Google/Facebook) then enable us to present you with targeted advertising on other sites based on your previous interaction with nanoboostdigital.com.
Terms & Conditions
SERVICES
Nano hereby agrees to perform all of the services set forth herein and in that certain Statement of Work attached hereto as Exhibit A, and any other statements of work mutually agreed to and manually executed by the parties (collectively, the “Statement of Work”) for certain services as more particularly described therein (the “Services”). If any term or condition in the Statement of Work conflicts in any way with the terms and conditions set forth in this Agreement, the terms and conditions of this Agreement will control, provided, however, that provisions of the applicable Statement of Work will prevail over any provisions of this Agreement which are expressly referred to in the Statement of Work.
PAYMENT
Client shall pay Nano all amounts set out in the Statement of Work (“Fees”) by credit card (or such other method of payment as may be agreed to by Client and Nano) on a monthly, quarterly, annual, or other basis, as may be agreed to by Client and Nano (the “Billing Cycle”). Payment of Fees shall be made in advance of the Services being performed and is due at the start of each Billing Cycle. Fees are subject to changes from time to time at the sole discretion of Nano, which changes may be made at the end of a Billing Cycle with thirty (30) days’ notice to Client. Client is solely responsible for paying directly to any third party provider (e.g., Google) for any advertising costs and fees as per the monthly budget set out in the Statement of Work, which budget may be amended from time to time by Client with notice to Nano.
CONFIDENTIALITY
During the term of this Agreement and at any time after the termination of this Agreement, each party will keep in strict confidence all information obtained, developed, accessed, disclosed or acquired in connection with this Agreement or the performance of the Services (collectively, the “Confidential Information”). The Confidential Information will be used for no purpose other than to perform the Services. Neither party will disclose Confidential Information without the other party’s prior written consent, except that each party will be permitted to disclose Confidential Information (a) to its affiliates, lawyers, accountants, auditors, managers, representatives, contractors and consultants who have a need to know the Confidential Information in furtherance of the purpose set forth in this Agreement (collectively, the “Representatives”), or (b) to the extent required by applicable law or court order. Notwithstanding the foregoing, information furnished or made available by or on behalf of either party will not constitute Confidential Information if such information: (a) is rightfully in the recipient’s possession before receipt from the disclosing party without violating the recipient’s or any of its Representative’s obligations hereunder; (b) is or becomes generally available to the public other than as a result of a violation of this Agreement; (c) is received by the recipient from a source (other than the disclosing party) not bound, to the actual knowledge of recipient or its Representatives, by any obligation prohibiting or limiting the disclosure of such information; or (d) is independently developed by the recipient or its Representatives without any use of or reference to the Confidential Information.
TERM
Client may terminate this Agreement at any time with immediate effect upon providing at least three (3) days’ written notice to Nano. Nano may terminate this Agreement (i) at any time upon providing at least ten (10) days’ written notice to Client, or (ii) with immediate effect in the event of a breach by Client of its obligations under this Agreement which is not cured within three (3) days of its receipt of written notice thereof. Upon any such termination, Client will immediately pay Nano for Services performed and expenses incurred pursuant to this Agreement or Statement of Work, as the case may be, as of the date of such termination, less the aggregate of previous payments, allocable to any Services completed and incurred expenses as of the date of such termination. Any prepaid Fees are non-refundable.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Client acknowledges Nano makes no representations, warranties or conditions of any nature, express or implied, statutory or otherwise, respecting the services, including but not limited to, guarantees of increase in client’s revenue, profit, business or opportunities as a result of Nano’ performance of the services, any non-infringement, merchantability or fitness for a particular purpose or from a course of dealing or usage of trade. The liability of either party for any breach of this agreement or otherwise from any acts or omissions of its respective personnel will in all circumstances be limited to direct damages and in no event will either party have any liability to the other, whatsoever, for any special, consequential, indirect, incidental, exemplary or punitive damages, whether in contract, tort or otherwise in relation to this agreement, including without limitation loss of revenue, lost profits, loss of goodwill, work stoppage, computer failure or malfunction, lost or corrupted data, business interruption, or loss of business opportunities. In no event shall either party’s aggregate liability in connection with this Agreement or Statement of Work exceed the amounts actually paid by Client to Nano in aggregate over the immediately preceding six (6) month period.
GOVERNING LAW
This Agreement will be governed by and construed in accordance with the substantive laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard for principles of conflict of laws.
RELATIONSHIP OF PARTIES
Nano is an independent contractor and nothing contained herein will be deemed to create the relationship of principal and agent, partnership, membership, joint venture, employment, trust or other relationship between the parties hereto or any of their respective employees.
LANGUAGE
This document, upon instructions from the parties hereto, has been drafted in the English language. Les parties ont convenu à ce que ce document et tous les documents s’y rattachant soient rédigés en anglais. This Agreement contains the entire agreement between the parties and there are no other understandings except as set forth in writing and signed by both parties.