BRANDY’S COVE YACHTING CENTRE INC.
Terms Of Use
By accessing this website (the “Site”), you agree to be bound by and hereby consent to the following terms and conditions (the “Terms of Use”), which shall constitute a legal agreement between you and Brandy’s Cove Yachting Centre Inc. (together with its affiliated and associated entities, partners, principals, directors, officers and employees, “Brandy’s Cove”). If you do not accept these Terms of Use, you may not use the Site. Brandy’s Cove reserves the right, in its sole and absolute discretion, to amend, modify and/or supplement the Terms of Use at any time, with or without notice.
No Offers or Advice
The Site is provided for informational purposes only. Under no circumstances should anything published or linked to the Site be deemed to be or be used or construed as an offer to sell or a solicitation of an offer to buy any securities, financial instruments, investments or other services.
Nothing published or linked to the Site should be construed or relied upon as investment, legal, accounting, tax or other professional advice to any individual or entity viewing the Site. Brandy’s Cove shall not treat visitors to the Site as its partners, clients, customers or investors by sole virtue of their accessing the public portions of the Site.
Ownership
All content and information displayed on the Site (including, but not limited to, descriptions, articles, biographies, graphics, logos, third-party articles and materials, the “Content”) is protected by copyright law and other intellectual property rights and laws. All trademarks, service marks, trade names, trade dress, logos, copyrights and other intellectual property (such as graphics, logos, icons, designs, words, titles or phrases) displayed on the Site are the property of Brandy’s Cove or their respective owners.
By using the Site, you agree that Brandy’s Cove may at any time make changes to the Content without prior notice.
Permitted Use
By using the Site, you are hereby granted a limited, revocable, nonexclusive and non-transferable right to view, store, bookmark, copy and print individual pages from the Site for personal, educational and non-commercial purposes only; provided that, such copied and printed pages must not be altered in any manner whatsoever.
Prohibited Use
By using the Site, you agree that you shall obtain Brandy’s Cove’s written consent prior to: (a) using Content for commercial purposes; (b) copying large portions of the Site through any means; (c) forwarding Content as mass distribution; or (d) posting Content on any other website.
You hereby agree that in using the Site you shall not and shall not encourage others to: (a) remove or obscure any copyright, trademark or other notice displayed on any Content you download from the Site; (b) violate any law, rule, regulation, policy, or intellectual property, contractual or other right of any third party or attempt to gain access to the identities, information or computers of others through the Site; or (c) transmit any virus, worm, time bomb or similar system that interferes, corrupts or otherwise disrupts the Site, regardless of whether such interference, corruption or disturbance is intended to violate the security of the Site or to gain access to the identities, information or computers of others through the Site.
Brandy’s Cove may, without prior notice, monitor the Site for any unauthorized or questionable conduct and may take all responsive actions it deems necessary and/or appropriate.
Linking
If you link any other website to the Site, you must not imply or suggest that Brandy’s Cove has endorsed or is in any way affiliated or associated with such other website.
Brandy’s Cove does not have control over or endorse, review, monitor or update any websites linked from or to the Site and is not responsible for and shall have no liability or obligation in respect of the graphics, logos, articles, materials or other content published on any such websites. You hereby agree that you follow links from or to such websites at your sole risk and that: (a) Brandy’s Cove makes no representations or warranties regarding, and cannot be held responsible for, the information, materials, products or services obtained on or from such other websites; and (b) Brandy’s Cove shall not be liable for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply or suggest that Brandy’s Cove has endorsed or is in any way affiliated or associated with such other websites.
You may not display the Site, or any portion thereof, on any other website through the use of framing or by other means.
User-Provided Content
Any communication or other material that you provide to Brandy’s Cove via electronic means (such as e-mail or by posting or submitting to the Site) shall be and shall be deemed to be non-confidential. By providing any communication or other material, you acknowledge and agree that: (a) Brandy’s Cove shall have no obligation of any kind to you with respect to such material; and (b) Brandy’s Cove shall be free to use, for any purpose and without compensation to you, any comments, ideas, suggestions, concepts, know-how or other techniques provided by you to Brandy’s Cove.
Password and Security Notification
Certain areas of the Site may be password protected and may only be accessible to those who have been validly granted a Brandy’s Cove-issued password (a “Password”). You may not attempt to access any Password-protected area of the Site without a Password or Brandy’s Cove’s prior written consent. In the event you have been granted a Password, you acknowledge and agree that Brandy’s Cove has granted you limited access to specific files pertaining relevant to you and you agree not to attempt to access other computer files. The contents of any Password-protected area of the Site are subject to the confidentiality provisions of certain fund documents. Individuals and/or entities that have access to a password-protected area are responsible for maintaining the confidentiality of any account information, user names and/or security questions and answers that they may use to access any page or feature on such password-protected area and for logging off any protected areas of the Site. If Brandy’s Cove has granted you a Password, you are solely responsible for protecting the confidentiality of your password and must notify Brandy’s Cove immediately if you become aware of any disclosure, loss, theft or other unauthorized use of your Password.
Those individuals and/or entities that have a Password must not disclose their Password to any third party. If Password information is shared with a third party in violation of these Terms of Use, Brandy’s Cove assumes no liability or responsibility whatsoever for the integrity and security of that third party’s information systems or the dissemination, through a third party, of any confidential information. Brandy’s Cove shall not be responsible for any loss that may arise from such use or action or from the failure to comply with these Terms of Use.
International Use
The Content and other materials accessible on or through the Site are not intended to be used by any person or entity in any jurisdiction where such use: (a) would be contrary to applicable law, rule or regulation; or (b) would subject Brandy’s Cove to any registration or other requirement within such jurisdiction.
Unless otherwise set forth in these Terms of Use, Brandy’s Cove makes no warranty that the Content or other materials accessible on or through the Site are appropriate or available, in whole or in part, for use in all jurisdictions or by all users. According, Brandy’s Cove reserves the right to limit access to the Site to any person or entity and to any jurisdiction or country.
Those persons and/or entities that choose to access this site from locations outside of Canada do so on their own initiative and bear all risks of noncompliance with applicable laws, rules and regulations.
Limitations of Liability
Brandy’s Cove is not responsible for any claims, liabilities, losses, costs or damages whatsoever (including but not limited to direct, indirect, incidental, punitive, loss of profits, opportunities or information, business interruption, special or consequential damages) that result from your access to or use of (or inability to use) or distribution (whether intentional or inadvertent) of the Site or any of the Content, including but not limited to any damages or injury caused by any: (a) failure of or delay in the functionality of the Site; (b) computer virus or other malicious software affecting the Site; or (c) other malfunction relating to the Site. The foregoing limitation of liability shall apply even if Brandy’s Cove has been made aware of the possibility for such claims, damages or losses.
Disclaimer and Indemnity
By using the Site, you acknowledge that Brandy’s Cove provides the Content on an “as is” basis with no express or implied representations or warranties of any kind whatsoever, including warranties as to the merchantability, non-infringement of intellectual property, accuracy, reliability, completeness or availability of the Content or fitness of the Content for any particular purpose. You further acknowledge that your use of the Site and use or reliance upon the Content is solely at your own risk.
The information discussed in the Content or on the Site (if any) in general may not be suitable for all. Decisions based solely on the Content or other information or materials contained on the Site are your sole responsibility.
As consideration for your accessing the Site, you agree to indemnify and hold harmless Brandy’s Cove from and against any claims, damages, losses, liabilities, expenses (including legal costs) and causes of action, including but not limited to actions by third parties against you or Brandy’s Cove, arising out of or in connection with any decisions that you make based on the Content, your use of the Site and/or your violation of these Terms of Use.
Privacy
Brandy’s Cove may track certain Site usage statistics such as the number of visitors that visit the Site and the frequency with which they visit (the “Statistical Data”). Brandy’s Cove shall use the Statistical Data on an aggregate basis only and shall not intentionally disclose any information that could be used to identify individual visitors to any third parties. Brandy’s Cove may also record certain information regarding its visitors’ internet usage such as the websites that visitors access immediately before and after they visit the Site, the internet browsers they use and their individual IP addresses.
Brandy’s Cove does not collect personally identifiable information (the “Personal Data”) except when such Personal Data is provided to Brandy’s Cove on a voluntary basis (e.g. uploading your resume or questions to the Site). Brandy’s Cove may record and use the Personal Data submitted to it, in whole or in part, for reasonable business purposes. By accessing and/or using the Site, you acknowledge that Brandy’s Cove will have no obligation of any kind with respect to the Personal Data, that you consent to the Personal Data being transferred or transmitted within Brandy’s Cove and that Brandy’s Cove uses external service providers to operate the Site (which external service providers may have access to the Personal Data, but only for the purpose of performing their duties to Brandy’s Cove).
Accountability
Brandy’s Cove is responsible for all personal information under our control. Accountability for our compliance rests with our Chief Privacy Officer. However, other individuals within Brandy’s Cove may have responsibility for the day-to-day collection and processing of personal information.
Contact information for our Chief Privacy Officer is set out below:
Fiona Stellato Chief Privacy Officer
Brandy’s Cove Yachting Centre Inc.
105 Brandy Island Road
Honey Harbour, Ontario Canada
Tel: 705-756-9900
E-mail: privacy@brandyscove.com
Brandy’s Cove is responsible for personal information in our possession or custody, including: (i) information that needs to be disclosed to third parties in the course of our business; and (ii) personal information of customers using our services. We use contractual and other means to ensure that third parties to whom we disclose personal information for processing provide a comparable level of protection with respect to personal information in their possession or control.
Identifying Purposes
We will clearly identify and document the purposes for which we may collect, use or disclose personal information at or before the time of collection. As part of our business operations, we may collect and use certain personal information strictly for the following purposes:
To provide you with Brandy’s Cove products and services that you request
To provide information regarding Brandy’s Cove and our products and services that may be of interest to you (If you wish to stop receiving such information, simply provide written instructions to our Chief Privacy Officer). In addition, in the unlikely event that Brandy’s Cove sells all or substantially all of its assets, personal information, including your collected personal information will be one of the transferred assets.
The specific uses of personal information in connection with the foregoing purposes will be limited to what a reasonable person would consider appropriate in the circumstances.
If we plan to use personal information we have collected for a purpose not previously identified, we will identify and document the purpose before such additional use. We will state the identified purposes in such a manner that you can reasonably understand how your personal information will be used or disclosed.
Obtaining Consent and Opting Out/Withdrawing Consent
By using the services of Brandy’s Cove, you consent to the collection, use and disclosure of certain of your personal information by Brandy’s Cove. We will use reasonable efforts to seek your express consent for the collection, use or disclosure of your personal information at the time of collection. In some circumstances, such as where we want to use personal information for a purpose that was not previously identified, we may have to seek your consent after your personal information has been collected but before our use for that purpose.
We will not, as a condition of providing the Brandy’s Cove service to you, require you to consent to the collection, use or disclosure of personal information beyond that which is absolutely necessary. You always have the choice of whether or not you wish to supply Brandy’s Cove with personal information. If you wish to “opt-out” of receiving certain informational and promotional materials from us, simply provide written instructions to our Chief Privacy Officer at the address set out above. Similarly, if you wish to withdraw your consent with respect to a particular use or disclosure of your personal information, you may do so at any time by sending written instructions to our Chief Privacy Officer at the address set out above.
In certain limited circumstances, as permitted or required by law, we may collect, use or disclose personal information without the knowledge or consent of the individual. Although the following list is not exhaustive, these circumstance include: (i) personal information which is publicly available as defined by regulation; (ii) circumstances where collection or use is clearly in the interests of the individual and consent cannot be obtained in a timely fashion; (iii) to investigate a breach of an agreement or a contravention of a law; (iv) to act in respect of an emergency that threatens the life, health or security of an individual; (v) for debt collection; or (vi) to comply with a subpoena, warrant or court order.
Limiting Collection
We will limit the amount and type of personal information collected to that which is necessary for our identified purposes and we will only collect personal information by fair and lawful means. We may collect the following types of personal information from individuals visiting our website or purchasing Brandy’s Cove products and services:
Name Credit card number (if purchasing a Brandy’s Cove product or service) Residential address (if purchasing a Brandy’s Cove product or service) Residential telephone number (if purchasing a Brandy’s Cove product or service) e-mail address Through the use of Cookies our websites may automatically record some general information about your visit for website traffic analysis such as your IP address and type of browser. This information is used to improve your visit to our website.
Our website contains links to other sites. Once you leave our website, you are subject to the terms and conditions of the other sites you visit.
Limiting Use, Disclosure and Retention
Your personal information collected by Brandy’s Cove will be used to deliver services, products or programs you have requested or enrolled in. In addition, you may receive invitations to participate in relevant surveys, and copies of Brandy’s Cove’s e-newsletter.
Brandy’s Cove also uses your personal information to inform you of other products, services or benefits available from Brandy’s Cove and its affiliates.
For example: Brandy’s Cove may also contact you via surveys to conduct research about your opinion of current services, or on other research initiatives.
Brandy’s Cove will not use or disclose your personal information for purposes other than those for which it is collected, except with your express consent or as required by law. Brandy’s Cove will not rent or sell your personal information to any third party.
Brandy’s Cove will retain your personal information only for as long as is necessary for the fulfillment of those purposes, subject to legal requirements. Currently, our policy is to maintain personal information for as long as the customer is a subscriber of a Brandy’s Cove service and for a period of one year thereafter. After the time period has expired, our records may be amended at your request so that names are removed and the information can no longer be identified with an individual.
Safeguards
Brandy’s Cove is committed to protecting the security of your personal information and we will protect your personal information with safeguards appropriate to the sensitivity of the information. We employ appropriate safeguards to protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, regardless of the format in which the information is held. We use security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure. For example, we store personal information you provide on computer systems with limited access in controlled facilities. When confidential information (such as credit card numbers) is transmitted over the Internet, it is protected through the use of SSL Encryption.
We make our employees and business partners aware of the importance of maintaining the confidentiality of personal information, and we will exercise appropriate care in the disposal or destruction of personal information to prevent unauthorized parties from gaining access to the information.
Our methods of protection include physical measures (for example, restricted access to offices), organization measures (for example, limiting access on a “need to know” basis), and technological measures (for example, the use of passwords and encryption).
Openness
We will make specific information about our policies readily available, except to the extent that it is confidential commercial information.
The information we will make available will include: (i) how to gain access to your personal information; (ii) the type of personal information held by us, including a general account of its use; (iii) general information concerning our privacy policies; (iv) what personal information is made available to third parties; and (v) how to contact our Chief Privacy Officer.
Access
Upon written request addressed to our Chief Privacy Officer, we will inform an individual of the existence, use and disclosure of his or her personal information and we will give the individual access to that personal information. An individual can challenge the accuracy and completeness of his or her personal information under our control and have it amended as appropriate.
We will respond to an individual’s written request within a reasonable time (generally within 30 days) and we will assist any individual who informs us that he or she needs assistance in preparing a request. We may require an individual to provide sufficient information to permit us to provide an account of the existence, use and disclosure of personal information. While our response will typically be provided at no cost to the individual, depending on the nature of the request and the amount of information involved, we reserve the right to impose a reasonable cost. In these circumstances, we will inform the individual of the approximate cost to provide the response and proceed upon payment by the individual of the cost. Requested information will be provided or made available in a form that is understandable. Where possible, we will indicate the source of the information.
If you feel that your personal information we hold is inaccurate or incomplete, you are invited to advise our Chief Privacy Officer of such inaccuracies and ask that we amend the personal information. Any such request must be in writing.
In providing an account of third parties to which we may have disclosed personal information about an individual, we will attempt to be as specific as possible. When it is not possible to provide a list of the organizations to which we have actually disclosed personal information, we will provide a list of organizations to which we may have disclosed the personal information.
If an individual successfully demonstrates an inaccuracy or incompleteness of his or her personal information under our control, we will amend the personal information as appropriate. If a challenge is not resolved to the satisfaction of the individual, we will record the substance of the unresolved challenge. Where appropriate, the amended information or the existence of the unresolved challenge, as the case may be, will be transmitted to third parties having access to the information in question.
In certain situations, we may refuse a request or not be able to provide access to all the personal information we hold about an individual. Exceptions to the access requirement will be limited and specific, as permitted or required by law. Where permitted, the reasons for denying access will be provided to the individual upon request.
Challenging Compliance
If you are not completely satisfied with our privacy policy and wish to submit comments or concerns regarding our privacy practices, we invite you to contact our Chief Privacy Officer. We will thoroughly investigate all written complaints addressed to our Chief Privacy Officer. If we find a written complaint to be justified, we will take all appropriate measures, including, if necessary, amending our policies and practices. If for any reason you are not satisfied with the results of our investigation of and responses to your complaint, you may file a complaint with the Office of the Federal Privacy Commissioner, 112 Kent Street, Ottawa, Ontario, K1A 1H3, Telephone: 1-800-282-1376.
Governing Law
You agree that all matters relating to your access to or use of the Site, these Terms of Use and any disputes relating to the foregoing shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in the Province of Ontario. By using the Site, you irrevocably: (a) submit to the exclusive jurisdiction of the courts of competent jurisdiction in the Province of Ontario in respect of any actions or proceedings (“Proceedings”) relating in any way to the Content, the Site and these Terms of Use (and agree not to commence any Proceeding relating thereto except in such courts); and (b) waive any objection to the venue of any Proceeding relating to the Content, the Site and these Terms of Use in the courts of competent jurisdiction in the Province of Ontario, including the objection that any such Proceeding has been brought in an inconvenient forum.
Severability and Waiver
If any provision of these Terms of Use (or part thereof) shall be held to be invalid or unenforceable: (a) the remainder of these Terms of Use shall not be affected thereby, and each other provision hereof shall be valid and enforceable to the fullest extent permitted by law; (b) the offending provision (or part thereof) shall be reformed to be valid and enforceable to the fullest extent permitted by law; and (c) the application of such provision (or part thereof) to other individuals or entities or circumstances or in other jurisdictions shall not be affected thereby.
Neither the failure nor delay on the part of Brandy’s Cove to exercise any right, remedy, power or privilege under these Terms of Use shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or any other right, remedy, power or privilege. No waiver shall be effective unless it is in writing and signed by Brandy’s Cove.
Conflicts
Should any provision (or part thereof) of these Terms of Use conflict with the terms and conditions of any binding document by and between Brandy’s Cove and you (or your organization) (each, a “Conflicting Provision”), the terms and conditions of such document shall supersede the Conflicting Provision(s).
© 2019 Brandy’s Cove Yachting Centre Inc.