TERMS AND CONDITIONS OF
Last revision: November 15, 2021
The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by Arthur (the "Website").
Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions.
1. INTELLECTUAL PROPERTY
All intellectual property on the Website (except for User Generated Content, as defined below) is owned by us or our licencors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website (except for User Generated Content, as defined below), including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.
2. USE OF COMPANY MATERIALS
3. USER GENERATED CONTENT
"User Generated Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users post or otherwise make available on or through the Website, except to the extent the content is owned by us.
4. ACCEPTABLE USE
You agree not to use the Website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of Arthur.
You further agree not to use and/or access the Website:
a) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
b) To violate any intellectual property rights of us or any third party;
c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
d) To perpetrate any fraud;
e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
f) To publish or distribute any obscene or defamatory material;
g) To publish or distribute any material that incites violence, hate or discrimination towards any group;
h) To unlawfully gather information about others.
5. PROTECTION OF PRIVACY
Through your use of the Website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and any other country where we may operate.
We may receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
We use the information gathered from you to ensure your continued good experience on our website. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers, including other marketers.
If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser.
6. REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
You defend and indemnify Arthur and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defense, if we wish to so.
8. SPAM POLICY
You are strictly prohibited from using the Website or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
9. THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third party websites or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our Website.
To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions be considered enforceable and valid to the fullest extent.
11. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime.
12. NO WARRANTIES
Your use of the Website is at your sole and exclusive risk and any services provided by us are on an "as is" basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.
a) Collected personal data, processed personal data and data collection
In accordance with the dispositions of article 5 of Regulation (EU) 2016/679, the collection and processing of your personal data are consistent with the following principles:
• Lawfulness, fairness and transparency: personal data may only be collected and processed with your consent. Every time personal data is collected you will be informed that personal data is collected and why is collected;
• Limited purposes: personal data is collected and processed of data for achieving the objectives stated in these Terms and Conditions;
• Minimization of personal data collection and processing: only personal data necessary for achieving the objectives of the website is collected;
• Storage of personal data limited in time personal data is stored for a limited period, of which you are informed;
• Integrity and confidentiality of collected and processed personal data: the controller undertakes to guarantee the integrity and confidentiality of collected personal data.
In order to be lawful in accordance with article 6 of the European Regulation 2016/679, collection and processing of personal data will respect at least of one the following:
• You have given your consent to the processing of your personal data;
• Processing is necessary for compliance with a legal obligation;
• Processing is necessary in order to protect the vital interests of the data subject or of another natural person;
• Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority;
• Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party.
Our Website collects the following personal data:
- name and surname
- email address
- phone number
- country of residence
This personal data is collected when you perform one the following actions:
- fill out a form to submit a Letter to the Editor
- fill out a form to submit an Advertising inquiry
- fill out a form to subscribe to a newsletter
- make a donation
The collector will keep in its computer systems of the Website in reasonable security conditions all of the personal data collected for a period of: 100 years, unless you ask for the deletion of your personal data before the expiry of this period.
If personal data is stored, you will be informed of the period during which your personal data will be kept, and if that period may not be specified, we will inform you of the criteria used to determine it.
Collection and data processing achieve the following purpose:
- To provide and maintain the Website, including to monitor the usage of the Website.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services you have purchased or of any other contract with us through the Website.
- To contact you: To contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide you with news, promotions, contests, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
- To manage your requests: To attend and manage your requests to us.
To facilitate the general management and administration of our business, including to meet our regulatory, legal, insurance, audit, security and processing requirements.
Personal data may be transmitted to the following third parties:
- Google Analytics
- Google Tags Manager
b) Data Hosting
The Website is hosted by: Webflow, headquartered at the following address:
Webflow, Inc., 398 11th St., Floor 2, San Francisco, CA 94103
The host may be contacted at the following phone number: ________
Personal data collected and processed by the Website are hosted and processed in Canada. This transfer of personal outside of the European Union is justified by the fact that this is where our headquarters or principal address is located.
The controller is: Arthur
d) Personal data of minors
In accordance with the dispositions of article 8 of the European Regulation 2016/679, no minor under the age of 15 may consent to processing of their personal data.
If you are a minor under the age of 15, the consent of a legal guardian is required for your personal data to be collected and processed.
e) Rights and procedures for the implementation of your rights
In accordance with the regulation regarding the processing of personal data, you have the rights listed below.
In order for the controller to grant your request, you have to provide your full name, your email address.
The controller shall answer you within thirty (30) days.
I. Rights of access, right of rectification and right to erasure
You may look up, update or modify your personal data, as well as request its deletion by following the procedure below:
II. Right to data portability
You may request the portability of your personal data held by the Website and have those data transmitted to another website by following the procedure below:
A user must request the portability of their personal data to the email listed above
III. Right to restriction of processing and right to object
You may request to restrict processing of your personal data and you may object to processing of your personal data and the Website may not deny such requests without compelling legitimate grounds.
f) Obligations of the controller
The controller undertakes to protect collected personal data, not to transfer your personal data to third parties without informing you first and to respect the purposes for which personal data were collected.
The Website uses an SSL certificate to guarantee that information transfer transiting through the Website are secured.
In addition, the collector undertakes to notify you before the rectification or erasure of any of your personal data, unless this requires disproportionate efforts.
In the event that the integrity and confidentiality of your personal data is compromised, the controller undertakes to inform you by any means.
Your consent is valid for a maximum period of thirteen (13) months. After expiry of this period, the Website will ask you again for your consent to save cookies on your computer.
c) Description of cookies used by the Website
The following cookies are used when you browse our website:
Cookie: Donation Launch
Purpose: Analyze Surfing Habits
By using our Website, the following cookies from third parties may be saved on your computer:
- Google Analytics
- Google Tags Manager
In addition, the Website embeds social network links that allow you to share your activity on the Website. Cookies from these social networks therefore may be saved on your computer.
These websites have privacy policies and terms and conditions that may differ from these Terms and Conditions. For more information, visit the terms and conditions and these websites.
15. LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. The maximum liability of Arthur arising from your use of the Website is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to Arthur in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.