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Privacy Policy for Canasei Canada

Table of contents

  1. General
  2. What personal information do we collect
  3. How we use your personal information
  4. Marketing Purposes
  5. Advertising
  6. Cookies
  7. Access to, review and rectification of your personal information
  8. Protection and retention of your personal information
  9. Other Information

 

1. General

This privacy policy describes the policy of Canasei Canada regarding the collection, use, storage, sharing and protection of your personal information (“Privacy Policy”). This Privacy Policy applies to the www.canasei.com and all related websites, applications, services and tools where reference is made to this policy (“Services”), regardless of how you access the Services, including access through mobile devices. Canasei Canada Ltd. is the data controller.

Scope and consent: By using Canasei and related Services, you give explicit consent to Canasei Canada Ltd  for the collection, use, disclosure and retention of your personal information by us, as described in this Privacy Policy and our Terms of Use.

Canasei may change this Privacy Policy from time to time. We advise you to read it regularly. Substantial changes to our Privacy Policy will be announced on our Website. The amended Privacy Policy will be effective immediately after it is first posted on our Website. This Privacy Policy is effective as of April 13, 2020.

 

2. What personal information do we collect

You can visit our Website without registering for an account. When you decide to provide us with your personal information, you agree that such information is sent to and stored on our servers. We collect the following types of personal information:

Information we collect automatically: When you visit our Website, use our Services and or reply to ads or other content, we automatically collect the information sent to us by your computer, mobile device or other equipment that provides access. This information includes, but is not limited to:

  • information from your interaction with our Website and Services, including, but not limited to, device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from www.kijiji.ca, referring URL, ad data, IP address and standard web log information; and
  • information we collect through cookies, web beacons and similar technologies.

Information you provide to us: We collect and store any information you enter on our Website or that you provide to us when you use our Services. This information includes, but is not limited to:

  • information that you provide to us when you register for an account or for the Services that you use;
  • additional information that you may provide to us through social media sites or third party Services;
  • information provided in the context of dispute resolution, correspondence through our Website or correspondence that is sent to us;
  • information about your location and the location of your device, including your device’s unique identifier information if you have enabled this service on your mobile device, and
  • your resume if you choose to submit it to us for consideration through our careers page

Information from other sources: We may receive or collect additional information about you from third parties and add this to our account information. This information includes, but is not limited to: demographic data, navigation data, additional contact data and additional data about you from other sources, such as public authorities, to the extent permitted by law.

 

3. How we use your personal information

You agree that we may use your personal information for the following purposes:

  • to provide you access to our Services and Customer Support by means of e-mail or telephone;
  • to prevent, detect and investigate potentially prohibited or illegal activities, fraud and security breaches and to enforce our Terms of Use;
  • to personalize, measure and improve our Services, content and ads;
  • to contact you, by e-mail, push notification, text message (SMS) or by telephone, to inquire about our Services for the purpose of targeted marketing activities, updates, and promotional offers based on your message preferences (where applicable), or for any other purposes as set forth in this Privacy Policy;
  • to provide you with other services that you have requested, as described when we collected the information, and
  • to consider you as a potential candidate if you choose to upload your resume through our careers page.

Sharing information with and registration on social media sites: We may offer sign-on Services that enable you to access the Website or related websites with your login credentials. We can also offer Services that enable you to share information with third party social media websites, such as Facebook, Google Plus and Twitter.

If you provide us access to personal information stored on third party websites, the scope of access to this personal information shall vary per website and will be determined by both your own browser settings and your consent. If you wish to connect your third party account to your Canasei account and you consent to us accessing the information in these third party accounts, you agree that we can collect, use and store information from this third party website in accordance with this Privacy Policy.

Transfer of your personal information to third parties: We may disclose your personal information to third parties in accordance with this Privacy Policy and applicable legislation and regulations. As further described under Section 4, we will not disclose your personal information to third parties for their marketing purposes without your explicit consent. We may share your personal information with:

  • service providers with whom we have entered into an agreement to help us provide our Services on the website, such as financial service providers, marketing agencies and technical support. In such cases, the personal information shall remain under the control of Canasei Canada Ltd.
  • certain third parties (such as intellectual property rights holders, supervisory authorities, tax authorities, police and other regulatory authorities) if we are required to do so by law, or in accordance with our Privacy Policy. We may share your personal information:

– to comply with legal obligations or a court order; or

– if this is necessary for the prevention, detection or prosecution of criminal offenses, such as fraud, deceit or prosecution, or

– if it is necessary to maintain our policies or to protect the rights and freedoms of others.

  • other third parties to whom you have given consent to share your information via Canasei, e.g. in the framework of a cooperation;
  • companies that we intend to merge with in the context of a re-organisation or that acquire us;
  • an intellectual property owner if the owner of an intellectual property right or an intermediary in good faith believes that an advertisement violates the rights of the owner. Before personal information is provided, the IP owner will enter into an agreement that, inter alia, stipulates that information is only provided on the strict condition that it may only be used in the context of legal proceedings and/or obtaining legal advice and/or to answer questions from the relevant advertiser

Without limitation to the foregoing, we shall moreover – in our efforts to respect your privacy and to keep the website free of malicious persons or parties – not disclose your personal information to third parties without a court order or formal request from the government in accordance with applicable law, unless we believe in good faith that such disclosure is necessary to prevent impending injury or financial damages or to report alleged illegal activities.

Information you share on www.canasei.com: Our Website allows users to share advertisements and other information with other users, thereby making this shared information accessible to other users. Since our Website also enables you to directly contact a buyer or seller, we recommend that you consider how you share your personal information with others. You are solely responsible for the personal information you share through our Website and therefore we cannot guarantee the privacy or security of the information shared by you with other users.

In case you visit our Website from a shared computer or a computer in an internet café, we strongly recommend that you log off after each session. If you do not want the shared computer to remember you and/or your credentials, you will need to remove cookies and/or the history of your website visits.

Your data controller may transfer data to other members of our corporate family as described in this Privacy Policy who may process and keep your personal information on servers in the European Union, United States and our data centers in other parts of the world.

 

4. Marketing Purposes

You agree that we may use the information collected by us to send you offers, whether personalised or not, or to contact you by telephone regarding products or Services offered by Canasei Canada Ltd.

We will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our Services and functionalities.

5. Advertising

If you do not wish to participate in our advertising using your identified personal information or re-targeting/tracking programs, you can opt-out by following the directions provided within the applicable advertisement. The effect of an opt-out will be to stop personalized advertising, but it will still allow the collection of information for certain purposes such as usage, research, analytics and internal online services operation purposes). You may still see non-personalized advertisements, including ads based on general geographic region. In addition to that, we do not allow third parties to track or collect your personal information on our sites for their own advertising purposes without your explicit consent.

 

6. Cookies

When you use our Services, we and our service providers may place cookies (data files on your phone or mobile device’s drive) or web beacons (electronic images that are placed in a web page’s code) or similar technologies. We use cookies to help us identify you as a user, to provide you a better experience on our Website, to measure promotional effectiveness and to ensure trust and safety on our Website.

 

7.  Accessing, Reviewing and Changing Your Personal Information 

We cannot modify your personal information or account information. You can modify your own information by logging into your Canasei account. When you place a classified ad, you may not be able to change your listing or delete your message. If you want to close your account (where applicable) with us, please send us a request to us here. We will process your request within a reasonable period of time and process your personal information in accordance with applicable law. Alternatively, you can also contact Customer Support to access your personal information stored by us that is not directly accessible on Canasei, unless we are not required to provide access under applicable law. We may charge a fee to compensate costs; however the fee shall not exceed the amount permitted by law. If your information is factually incorrect or incomplete or irrelevant for the purposes for which we process your information, you can request us to modify or delete your information. Such requests will be handled in accordance with applicable law. If you have any questions, please contact us with the subject line ‘Request Privacy Policy’:

– via the Contact Form; or

– by writing to Canasei, 4040 Steelers Avenue,W., Unit 44,Woodbridge,Ontario,Canada.

 

8. Protection and retention of your personal information

We protect your information by using technical and administrative security measures (such as firewalls, data encryption, and physical and administrative access controls to the data and servers) that limit the risk of loss, abuse, unauthorized access, disclosure, and alteration. Nevertheless, if you believe your account has been abused, please contact us through the Contact Form.

We retain personal information no longer than is legally permissible and delete personal information when it is no longer necessary for the purposes as described above.

 

9. Other information

Abuse and unsolicited commercial communications (“spam”): We do not tolerate abuse of our Website. You do not have permission to add other Canasei users to your mailing list (e-mail or postal) for commercial purposes, even if a user has purchased something from you, unless the user has given his explicit consent. If you notice that someone is abusing our Website (spam or spoof emails), please notify us here.

It is not allowed to use our member-to-member communication resources to send spam or content that violates our Terms of Use in any other way. For your security, we may scan messages automatically and check for spam, viruses, phishing and other malicious activity or illegal or prohibited content. We do not permanently store messages sent through these resources.

Third Parties: Unless explicitly provided otherwise in this Privacy Policy, this Privacy Policy applies only to the use and transfer of information we collect from you. Canasei has no control over the privacy policies of third parties that may apply to you. When we work with third parties or use third party tools to provide certain services, we will explicitly indicate which privacy policy applies to you. We therefore encourage you to ask questions before you disclose your personal information to others.

Contact: If you have any questions about Canasei and our Website please contact us by clicking here.

Welcome to www.canasei.com. Thanks for stopping by. These Terms of Use, the Privacy Policy, the Mobile Devices Terms and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications and tools (collectively “Services”). You can find an overview of our policies here. All policies, the Mobile Devices Terms, and the Privacy Policy are incorporated into these Terms of Use. You agree to comply with all the above when accessing or using our Services.

Your Account. In order to access and use some or a portion of the Services, you may be required to register with us and set up an account with your email address and a password (your “Account”). The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult for others to guess.

You may connect to the Services with a third-party service and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. If you believe your Account may have been compromised or misused, contact us immediately at Canasei Customer Support.

Using the Services. You will post in the appropriate category or area and will not do any of the following bad things:

  • violate any laws or our Prohibited Content Policy;
  • be false or misleading;
  • infringe any third-party right;
  • distribute or contain spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Canasei or the interests or property of Canasei users;
  • impose an unreasonable load on our infrastructure or interfere with the proper working of the Canasei;
  • copy, modify, or distribute any other person’s content;
  • use any robot, spider, scraper or other automated means to access Canasei and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • bypass measures used to prevent or restrict access to Canasei.

Abusing Canasei Services. Please use the flagging system to tell us about any problems or offensive content so that together we can keep the Services site working properly. We may limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off Canasei if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off Canasei or not, we do not accept any liability for monitoring Canasei or for unauthorized or unlawful content on Canasei or use of Canasei by users.

Global Marketplace. Without limitation to the rights granted below (see ‘Content’), some of Canasei ‘s features may display your ad on other sites that are part of the Canasei marketplace reach. By using the Services, you agree that your ads can be displayed on these other sites. The terms for our other sites are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When you choose to post your ad to another site, you may be responsible for ensuring that it does not violate our other site policies. We may remove your ad if it is flagged on any of our sites, or if we believe it causes problems or violates any law or policy.

Fees and Services. Using the Services is generally free. We may charge fees for certain Services. If the service you use charges a fee, you will be able to review and accept that charge. Our fees are quoted in Canadian Dollars, and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they’re due. If you don’t, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (for accounts over 180 days past due, you permit us to instruct PayPal to deduct the amount owed from your PayPal account balance).

Canadian taxes associated with our Services will be collected when applicable. You agree to provide accurate address information necessary for Canasei to comply with its obligations under applicable law. To the extent that such information is not provided, Canasei will in its discretion determine and collect appropriate taxes.

You are solely responsible to collect and remit any applicable taxes resulting from the sale of your items or services listed on Canasei.

While many features of the Services are available across the Canasei websites and their associated mobile applications, some features and functionality may vary depending on which website and/or which mobile device you use to access the Services.

Content. The Services contains stuff from us, you, and other users (as well as from our third party service providers). You agree not to copy, modify, resell or distribute the Services, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. If you believe that your rights have been violated, please notify Canasei Customer Support and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.

Disclaimers and Limitations of Liability. The Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. You also agree not to hold us responsible for the payment processing of other service providers such as PayPal (each a “Third Party Payment Processor”. For greater certainty, as applicable, if you link a Third Party Payment Processor account to your Canasei Account, you acknowledge and agree that by making payments through Canasei with that Third Party Payment Processor, you are bound by that Third Party Payment Processor’s applicable terms and conditions, and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s services). As most of the stuff on the Services comes from other users, we do not guarantee the accuracy, completeness, efficacy or timeliness of any postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Canasei, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Canadian Dollars.

Indemnification. You will indemnify and hold harmless Canasei and its affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

Personal Information. By using Services, you agree to the collection, transfer, storage and use of your personal information by Canasei Canada Ltd. (the “data controller”) on servers located in the United States and in the European Union as further described here.

Reviews.You may be asked to leave a review when messaging with other users on Canasei. Reviews consist of a 1-5-star rating and selected reasons why you’ve chosen that review. Your submitted review, user name, profile photo (if available), and the category of the seller’s listing will be made public. User reviews should be left in good faith, ensuring that both you and the other user are depicting your interaction fairly. When leaving a review on another user’s account, the review should:

  • be truthful to what happened between you and the other user
  • not be left in an attempt to harass or abuse another user
  • not be in left in an attempt to manipulate or mislead other users

 

General. These terms and the other policies posted on the Services constitute the entire agreement between us and you, superseding any prior agreements. This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. We both submit to the jurisdiction of the courts of the Province of Ontario. This will not affect your statutory rights if you are a consumer and applicable consumer law requires application of another law for certain topics. If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice). Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to:

4040 Steeles Avenue,

W., Unit 44, Woodbridge,

Ontario,Canada

Re: User Inquiries

We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us. Send questions, comments or complaints to  Canasei Customer Support.

 

Mobile Devices Terms

If you’re accessing the Services from a mobile device using a Canasei  mobile application (the “Application”), the following terms and conditions (“Mobile Devices Terms”) apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Mobile Devices Terms.

Application Use. Canasei grants you the right to use the Application pursuant to the following restrictions: you may not (a) modify, copy, publish, license, sell, or otherwise commercialize this Application or any information or software associated with this Application; (b) rent, lease or otherwise transfer rights to this Application; or (c) use this Application in any manner that could impair the Application or interfere with any party’s use or enjoyment of the Application. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the Canasei website (and certain functionality may not be available depending on which Application and/or mobile device you are using). Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.

Intellectual Property – Applications. Canasei  owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Kijiji’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Application.

Prohibited Countries Policy and Foreign Trade Regulation – Applications. The Application or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) any country subject to United States embargo; (b) to anyone on the U.S. Department of the Treasury’s list of Specially Designated Nationals or on the U.S. Department of Commerce’s Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by U.S. export laws. When using the Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and you are not listed on any U.S. government list of prohibited or restricted parties).

Last Modified: April 13, 2020

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