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Performance Marketing has established this Privacy Policy to
explain how it protects and manages the personal information that
it collects from you (the customer) online.
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1. |
Consent for Collection, Use and Disclosure
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Your use of the Performance Marketing site and/or your
registration for Performance Marketing products and services
constitute your consent to the terms of this Privacy Policy.
If you do
not agree to the terms of this Privacy Policy, please do not use
the Performance Marketing site.
Performance
Marketing may occasionally update this Privacy Policy. When it
does, Performance Marketing will also revise the “last update”
date at the top of this Privacy Policy. In addition, Performance
Marketing will seek a customer’s prior consent, by email, for any
new uses or proposed disclosures of information collected from the
customer prior to the change. Performance Marketing will
notify customers by email of changes to this policy that
will affect information collected from them in the future.
In
certain circumstances, however, Performance Marketing will not
inform and obtain the consent of the customer, such as in
connection with an investigation of a breach of an agreement,
contravention of laws, an emergency where the life, health or
security of an individual is threatened, the collection of a debt
or in compliance with the request of a law enforcement agency or a
court order.
A
customer may withdraw his or her consent for collection, use and
disclosure at any time by sending an email to
unsubscribe (at) justinmichie.com.
Please note that, if you do, Performance Marketing may suspend its
provision of products and services to you.
When you
unsubscribe, if you fall within the guarantee period for any
Performance Marketing product and you request a refund, the
guarantee will be honoured.
Performance Marketing collects, at the time of your registration
and your sign-on to its web site, certain “personal information”
(information that personally identifies you) including but not
limited to your name, email address, home or work address,
telephone number, and information about your computer hardware and
software (e.g., IP address, operating system, browser type,
domain name, URL, access times, and referring web site addresses).
Performance Marketing has implemented this Privacy Policy to
protect personal information received from its customers, and to
respond to any inquiries.
The Privacy Policy also provides that Performance Marketing will
use appropriate contractual means to establish a comparable level
of protection for personal information which is sent for
processing by third parties on Performance Marketing’s behalf.
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3. |
Purposes for Collecting Personal Information
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Performance Marketing collects and uses personal information for
the following Identified Purposes:
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(a) |
to understand customer needs regarding Performance Marketing’s
services; |
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(b) |
to develop and provide our web site and our products and
services for our customers; |
(c)
to fulfill your requests for products,
services or information;
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(d) |
to communicate with customers and site visitors, when
necessary, and to inform customers of upgrades, as well as of
other products and services available from Performance
Marketing, its affiliates and third parties; |
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(e) |
to allow customers to access limited-entry areas of
Performance Marketing’s site; |
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(f) |
to personalize some of our services and products for you and
to deliver targeted advertisements and offers from Performance
Marketing and third parties; |
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(g) |
to bill accounts and maintain payment records; |
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(h) |
to comply with any applicable law, regulation, legal process
or government request; |
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(i) |
to respond to a legitimate claim, or to address our reasonable
belief, that you are violating the rights of any third party
or any of the agreements or policies that govern your use of
the Performance Marketing site or any Performance Marketing
product or service; |
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(j) |
to protect the services, products or rights of Performance
Marketing, including but not limited to the security or
integrity of the Performance Marketing site; and |
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(k) |
to
identify and resolve technical problems concerning Performance
Marketing’s site, products and services. |
Performance Marketing also uses personal information in an
aggregate form (i.e., not individually attributable to you)
for its business analysis, operational, marketing and other
promotional purposes.
If
we hire other companies to provide some products or services on
our behalf, then we will only provide those companies the personal
information they need for the Identified Purposes, and we will
limit their rights to use and further disclose your personal
information as appropriate in the course of their work for us.
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4. |
Limiting the Collection of Personal Information
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Performance Marketing limits its collection of personal
information to only that information which is necessary for the
Identified Purposes. Performance Marketing does not direct its
site to, nor does it knowingly collect any personal information
from children under the age of thirteen.
When you visit the Performance Marketing web site, a cookie may be
placed on your computer or the cookie may be read if you have
visited the Performance Marketing site previously. Performance
Marketing uses cookies to allow Performance Marketing to determine
which products and services you have already purchased so that
Performance Marketing does not provide redundant information to
you, and, if you are an Performance Marketing affiliate, to track
Performance Marketing sales made to customers referred by you so
that you can receive compensation under our affiliate program. If
you choose to not have your browser accept cookies from the
Performance Marketing web site, you may not be able to view all
the text on the screens, or to experience a personalised visit, or
to subscribe to certain service and product offerings on the
Performance Marketing site.
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5. |
Disclosure, Processing and Retention
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Performance Marketing does not sell, rent or disclose your
personal information to anyone else, except:
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(a) |
to someone you have designated to act as your agent, for one
or more of the Identified Purposes (listed in Section 2,
above); |
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(b) |
to Performance Marketing’s employees, independent contractors,
subsidiaries, affiliates, consultants, business associates,
service providers, suppliers and agents, acting on
Performance Marketing’s behalf for
any of the Identified Purposes; |
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(c) |
as necessary if Performance Marketing has reason to believe
that disclosure is necessary to identify, contact or bring
legal action against someone who may be causing injury to or
interference (either intentionally or unintentionally) with
Performance Marketing’s rights or property, other users of
Performance Marketing’s web site, products or services, or
anyone else that could be harmed by such activities; and |
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(d) |
to
respond to judicial process and provide information to law
enforcement agencies or in connection with an investigation on
matters related to public safety, as permitted by law, or
otherwise as required by law. |
In addition, as we continue to develop our business, we or our
affiliates may sell or buy other businesses or entities, or we may
merge with another company. In such transactions, personal
information may be one of the transferred business assets. Also,
in the event that Performance Marketing or substantially all of
its assets are acquired, your personal information may be one of
the transferred assets.
Your information may be stored and processed in the United States,
or in any other country in which Performance Marketing or its
affiliates, subsidiaries or agents maintain facilities. By using
this web site, you consent to any such transfer of information
outside of your country.
After your account becomes inactive (that is, if you request to be
removed from our database), Performance Marketing will keep your
personal information in its archives. Your information will then
be used only as necessary for tax reasons or to prove
Performance Marketing’s compliance
with any applicable law.
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6. |
Accuracy of Personal Information
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Performance Marketing will use reasonable efforts to keep customer
personal information accurate for the Identified
Purposes, and for minimizing the
possibility of making inappropriate customer decisions based on
such information. Customers are responsible for informing
Performance Marketing about changes to their personal
information. You can do this by
contacting us at the information below.
Performance Marketing will use new or updated personal information
it receives from customers to update its own records.
Performance Marketing will use reasonable efforts to protect
customers’ personal information.
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8. |
Access to Personal Information |
Performance Marketing will afford you a reasonable opportunity to
review the personal information in your file, if you so request by
faxing
480-393-5100 or
writing to:
Performance Marketing
75 Horizon View Pl.
Calgary, Alberta, Canada
T3Z 3M3
If
Performance Marketing is not able to provide access to some aspect
of a customer’s personal information, it will provide reasons for
denying access such as; that by doing so would likely reveal
personal information about a third party, or that it is
confidential commercial information or attorney–client privileged
communications, or that the information relates to a breach of an
agreement or a contravention of law, or that its disclosure could
reasonably be expected to threaten the life or security of another
individual.
Customers have the right to request that inaccurate or incomplete
information be amended as appropriate, by contacting Performance
Marketing or
as
described above. Performance Marketing will promptly correct such
personal information. |
