This policy (together with our terms of website use) sets out the basis on which we Jordana of Ottawa Handmade located in Ontario, Canada will process any personal data we collect from you, or which you provide to us, in the course of using our site www.OttawaHandmade.com.
This privacy notice provides you with details of how we collect and process your personal data through your use of our site https://ottawahandmade.com By providing us with your data, you warrant to us that you are over 13 years of age. Jordana of Ottawa Handmade is the data controller and we are responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice).
2. WHAT DATA DO WE COLLECT ABOUT YOU, FOR WHAT PURPOSE AND ON WHAT GROUND WE PROCESS IT
Personal data means any information capable of identifying an individual. It does not include anonymised data.
We may process the following categories of personal data about you:
• Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue
or defend legal claims.
• Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
• User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
• Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
• Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free give-aways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
• We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).
We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences. Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time. We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at email@example.com. In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing. We may process your personal data without your knowledge or consent where this is required or permitted by law.
3. HOW WE COLLECT YOUR PERSONAL DATA
We may collect data about you by you providing the data directly to us (for example by filling in forms on our site or by sending us emails). We may automatically collect certain data from you as you use our website by using
cookies and similar technologies.
4. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below:
• Service providers who provide IT and system administration services.
• Professional advisers including lawyers, bankers, auditors and insurers
• Government bodies that require us to report processing activities.
• Third parties to whom we sell, transfer, or merge parts of our business or our assets.
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
5. DATA SECURITY
We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorisation. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential. We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.
6. DATA RETENTION
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.
For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers. In some circumstances we may anonymise your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
7. THIRD-PARTY LINKS
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
TERMS AND CONDITIONS
1. Application of terms and conditions
1.1 These terms and conditions apply to all persons and/or entities who have created a user account (“you”) on the website www.ottawahandmade.com (“site”) as operated by Jordana of Ottawa Handmade, located in Ontario, Canada (“we” or “us”). By creating a user account, advertising on our site or by submitting an article for publication on our site, you agree to the following terms and conditions and that these prevail over any other terms and conditions.
1.3 Any content posted or submitted by you to our site is subject at all times to the Acceptable Use Policy and these terms and conditions.
2. User Accounts and Listing Packages
2.1 In order to list your business on, advertise on or submit articles to our site you must create a user account. Creation of a user account is free of charge. You must keep your password for our site safe and secure and operate your user account in accordance with these terms and conditions.
2.2 You may choose between two packages to list your business on our site. You may also request Additional Services such as banner advertising on the site (as described in paragraph 8 below) and submit Articles for publication on the site (as described in paragraph 9 below).
2.3 The BASIC One-Off Listing Package provides the following services:
2.3.1 A listing of your company or business name, the region and country in which you are located and your craft/product types (you are only permitted to list one company or business under the Listing Packages); and
2.3.2 Inclusion in the simple searches performed by users of our site.
2.4 If you do not wish to be listed on our site and wish to terminate your user account, or Listing Packages please email firstname.lastname@example.org and we will remove your listing as soon as is practicable.
2.5 The Premium Listing Package (“Paid Listing Package”) provide registered users with the services described on our site in return for the fees set out on our site. Such services may change from time to time. You may upgrade to a Paid Listing Package by paying the relevant fee in accordance with paragraph 4 below.
2.6 We may at our absolute discretion refuse a user account or any type of listing package to any person or entity and we shall not be obliged to state our reasons for such refusal.
3. Term of user accounts and listing packages
3.1 User accounts and Listing Packages shall continue unless they are terminated by either party in accordance with paragraph 6 below.
3.2 Paid Listing Packages shall commence from the date on which full payment is received by us and shall continue for a period of the period depicted by the package taken. Upon the expiry of such said period, unless we have received notice from you by email to email@example.com of your clear wish to terminate your Paid Listing Package, your Paid Listing Package shall automatically and without further notice renew for a further period as depicted by the package taken and your Paypal account shall be debited for the relevant payment.
3.3 Either of us may terminate a Paid Listing Package in accordance with the provisions of paragraph 6 below.
4. Fees and payment
4.1 The fee for any Paid Listing Package shall be as set out on our site at the time that you make payment for the Paid Listing Package. This fee may change from time to time.
4.2 The fees for Additional Services (as described in paragraph 8 below) shall be as set out on our site at the time that you make payment for the Additional Services. These fees may change from time to time.
4.3 Payment for all fees is to be made through Paypal and you must ensure that you have a validly operating Paypal account before you commence the order process for Paid Listing Packages or Additional Services.
5.1 You may within 7 days of completing the online application for a Paid Listing Package, cancel your Paid Listing Package. To cancel your Paid Listing Package, you must email firstname.lastname@example.org within the aforementioned time period providing clear notice of your wish to cancel your Paid Listing Package.
5.2 If we receive notice of cancellation of your Paid Listing Package in accordance with paragraph 5.1, we will refund the listing fee you paid back to your Paypal account within 30 days of our receipt of such notice.
6.1 You may terminate your user account or Listing Package in accordance with paragraph 2.4 above and we may terminate your user account or Listing Package at any time without notice to you by removing your listing from our site.
6.2 You may terminate your Paid Listing Package at any time by emailing email@example.com and providing us with clear notice of your wish to terminate your Paid Listing Package. Subject to paragraph 5 above, no refund of any fee will be provided on termination. Such termination of your Paid Listing Package shall be effective from the date on which we remove your Paid Listing Package from the site.
6.3 Implications If you provide notice to terminate your Paid Listing Package, you shall continue to have a user account and a Basic Listing on our site (unless you notify us of your wish to be removed from the site in accordance with paragraph 6.1 above) and these terms and conditions shall continue to apply to your user account and Basic Listing Package.
6.4 We may terminate your user account, Paid Listing Package and the agreement between us without notice and without any liability to make any refund or other payment to you in the following circumstances:
6.4.2 you are in our opinion transmitting or otherwise connected with any ‘spam’ or any other form of unsolicited bulk email or communication;
6.4.3 your user account or listing package may in our reasonable opinion adversely affect our goodwill or reputation; or
6.4.4 you or us cease to carry on business, are declared bankrupt or enter into an insolvency or administration procedure.
7. Consequences of termination
7.1 Upon termination of the agreement between us, your right to use the registered user sections of our site shall immediately cease. We have no obligation to maintain any of your posted content, Additional Services, Articles or any content within your listing.
7.2 Any termination of the agreement between us shall not affect any rights or liabilities that have accrued to us prior to such termination.
8. Additional Services
8.1 Additional Services such as banner advertising or badge advertising on our site, being featured in our newsletter and having your photo displayed on our site home page are described on our site and may change from time to time. Additional Services are limited in number and will be accepted on a first come first served basis. We accept no liability for Additional Services not being available.
8.2 Advertisements purchased as Additional Services shall be in the size, format and location specified on our site at the time you make payment or in such similar location as we in our absolute discretion determine and shall be displayed on our site for the period of time specified on our site at the time you make payment.
8.3 You warrant that your advertisement complies with all applicable law and regulation and you shall indemnify us for any loss, damage or other liability that we may suffer as a result of you breaching this condition.
8.4 We may in relation to Additional Services provide specifications as to the materials to be provided by you in order for us to fulfill the delivery of such Additional Services. If you do not provide the specified materials in the manner and form specified within the time period stated, we shall not be obliged to fulfill the delivery of such Additional Service and no refund shall be made in relation to your payment for such Additional Services.
8.5 We may reject in our absolute discretion any materials submitted in relation to Additional Services and may request you to provide amended or additional materials.
8.6 If you decide to withdraw your advertisement for any reason, we shall not be obliged to provide you with a refund.
8.7 We do not guarantee or make any representation or warranty as to the outcome (such as response levels to advertisements) of your purchase of any Additional Service.
8.8 All advertising content is subject to our approval and we reserve the right to reject or cancel any advertisement that we deem to be unsuitable for any reason.
8.9 We accept no liability for any errors in any advertisements (or for errors in any content on our site).
9.1 We may in our absolute discretion accept Articles (including all text, information, images, audio or video material in whatever medium or form we choose to accept) from you for publication on our site on Paid Listing Packages. Articles will not be published if you have chose to take out a FREE Basic Listing Package.
9.2 If we accept an Article from you for publication on our site, you grant to us a non-exclusive licence to distribute the Article on the site and such other media as we shall decide, in return for crediting you for the Article.
9.3 The licence granted under this condition permits us to:
9.3.1 modify, electronically reproduce and distribute, and publicly display the Article on the site (including packaging the Article with other Articles from third parties); and
9.3.2 reproduce and distribute through any media now known, or hereafter developed, excerpts of the Article in advertisements for, and in marketing and promotional materials related to, the site.
9.4 If you submit an Article to our site, you shall be responsible for the accuracy and completeness of the Article.
9.5 We have no obligation to you, and undertake no responsibility, to review the Article to determine whether any such Article may result in any liability to any third party.
9.6 If we believe that any Article may create any liability for us or adversely affect the site’s reputation or standing, we may remove the Article or such part of the Article as we believe, in our sole discretion, is prudent or necessary to minimise or eliminate our potential liability.
9.7 We do not undertake to distribute or display the Article on the site or otherwise make use of it, nor do we undertake that the site will be operational at all times.
10. Intellectual Property
10.1 We are the owner or the licensee of all intellectual property rights in our site, and in all of the material published on it (except for the Articles described in paragraph 9). The site and such materials are protected by copyright laws and treaties around the world and we reserve all such rights.
10.2 You grant us a perpetual, worldwide, royalty free licence to use all or any of your intellectual property rights in any materials, advertisements or content submitted or shown on our site.
10.3 You shall, at all times during and after the term of this agreement, indemnify us and keep us indemnified against all losses, damages, costs or expenses and other liabilities (including legal fees) incurred by, awarded against or agreed to be paid by us arising from any claim of infringement or alleged infringement (including the defence of such infringement or alleged infringement) of a third party’s intellectual property rights arising out of your use of our site (including any advertising on our site or Articles you submit to our site).
10.4 You agree and acknowledge that we retain full editorial control over all advertisements and listings submitted by you to our site and that we will own all intellectual property rights in relation to such advertisements and listings (other than in relation to your branding and other intellectual property rights that are owned by you prior to you submitting such advertisements and listings).
10.5 We reserve the right to change the format, style and layout of our site and any advertisement, listing or Article submitted by you as we see fit.
10.6 You must not reproduce in any format (including on another website) any part of our site (including content, designs, look and feel) without our prior written consent.
11.1 You warrant that where you are an individual you are at least 18 years of age and where you are a company or other similar entity, that you are a bonafide legal entity duly formed in accordance with all applicable law and regulations and have full capacity and authority to enter into the agreement between us.
11.2 You warrant that all information that you have provided us with or have submitted to our site is true and accurate and not misleading in any way.
11.3 You warrant that in using our site you will comply at all times with all applicable law and regulations and advertising codes of conduct.
11.4 You warrant that any website owned or controlled by you that is listed on our site is free from illegal, defamatory or tortious content.
12. Limitation of liability
12.1 Other than liability for us causing death or personal injury to any person or for any fraudulent misrepresentation made by us, we exclude all liability for any loss or damage suffered by you resulting from your use of our site (including all consequential loss or damage howsoever caused and whether this was in the reasonable contemplation of us or not).
12.2 In the event that we are found liable to you for any loss or damage, this liability shall be limited to the amount that you have paid for your current listing package and any current Additional Services. In the event that any court of competent jurisdiction does not allow such limitation on liability and awards damages against us in excess of the amount that you have paid for your current listing package and any current Additional Services, you agree to release us from all damages and liability in excess of this amount.
12.3 You specifically agree and acknowledge that we are not liable to you for any loss or damage, for offence caused or for any threatening, defamatory, obscene, offensive or illegal content uploaded to our site by a third party or for the infringement of any of your rights (including intellectual property rights) arising from the conduct of a third party.
12.4 You agree and acknowledge that we have no liability for our site not being available at any time nor any liability for the deletion, corruption or failure to store any materials or content maintained or transmitted on or through our site.
12.5 We shall have no liability for any advice, views, recommendations, advertisements and any other form of content provided by other users of our site or third parties.
12.6 Where we provide any content on the site that contains advice, views or recommendations, this is done on a generic basis without considering individual circumstances and hence we shall have no liability for any such content.
12.7 We have not verified or performed any checks on registered users or other users of the site who may contact you and we therefore disclaim all liability in relation to the actions of registered users, other users and any other third parties in relation to our site. You should of course take all necessary precautions regarding your safety when corresponding with or meeting with registered users, other users or other third parties.
You hereby agree to, at all times during and after the term of this agreement, indemnify us and keep us indemnified against all losses, damages, costs or expenses and other liabilities (including legal fees) incurred by, awarded against or agreed to be paid by us arising from your breach of any of these terms and conditions.
14 Force majeure
We shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement, arising from or attributable to acts, events, omissions or accidents beyond our reasonable control.
15 Default Interest rate
If you fail to pay any amount payable under this agreement, we may charge you interest on the overdue amount. You shall pay the interest immediately on demand, from the due date up to the date of actual payment, after as well as before judgment, at the rate of 4% per annum above the base rate for the time being of Barclays Bank Plc. Such interest shall accrue on a daily basis and be compounded quarterly.
If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force unless, in our reasonable opinion, the purpose of this agreement is frustrated as a result.
We may vary these terms and conditions at any time. The latest version of these terms and conditions shall be as posted on our site or as emailed to you. Your continued use of our site constitutes your acceptance of any new or updated or amended terms and conditions.
No failure or delay by us to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
This agreement is personal to you and you may not, without our prior written consent, assign, transfer, sub-contract, delegate or deal in any other manner with this agreement. We may assign this agreement at our discretion and without providing you with notice.
20 Entire Agreement
21 Third party rights
A person who is not a party to this agreement shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
22 Governing law and jurisdiction
22.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of The Province of Ontario.
22.2 The parties irrevocably agree that the courts of the Province of Ontario shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
TERMS OF WEBSITE USE
INFORMATION ABOUT US
OttawaHandmade.com is a site operated by Jordana of Ottawa Handmade located in Ontario, Canada (“we” or “us”).
ACCESSING OUR SITE
INTELLECTUAL PROPERTY RIGHTS
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
UPLOADING MATERIAL TO OUR SITE
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act
1990. We will report any such breach to the relevant law enforcement authorities and we will co- operate with those authorities by disclosing your identity to them. In the event of such a breach your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to our home page, provided you have obtained our prior written consent and provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy. If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org
LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW