Privacy Policy/Terms of Use

PRIVACY NOTICE

Effective Date:  August 10, 2017

We at McCann Canada (“McCann Canada”, “we” or “us”), respect your concerns about privacy.  This Privacy Notice describes the types of information collected through the McCann Canada website at http://www.mccann.ca (the “Site”), and how we may use the information, with whom we may share it and the choices available to you regarding our use of the information.  We also describe the measures we take to safeguard the information and tell you how to contact us about our privacy practices.

McCann Canada is part of a network of affiliates, including but not limited to McCann Truth Central. This Privacy Notice only applies to www.mccann.ca.  It does not apply to any other site, product or services of our affiliates. If you visit the website of one of our network affiliates, that site will have its own privacy notice.

INFORMATION WE COLLECT

We may collect and store personal information (such as name and other contact details) that you choose to provide to us when you provide them through the Site or when you contact us.  The types of personal information we collect may include:

INFORMATION WE COLLECT BY AUTOMATED MEANS

We are committed to making your online experience with our Site informative and relevant.  To achieve this, we collect certain information by automated means, such as cookies and web beacons when you visit this Site.  The information we collect in the manner includes your IP address, the type of internet browser you are using, devise characteristics, operating system, language preferences, referring URLs, information on actions taken on the Site, how many users visited our Site and dates and times of Site visits.  We collect this information by various means, as explained below.

Cookies.

Cookies are bits of text that are placed on your computer’s hard drive or mobile device when you visit certain websites.  Cookie technology hold information a site may need to personalize a visitor’s experience.  Cookies may also be used for security purposes and to gather website statistical data, such as which pages are visited, what is downloaded, and the paths taken by visitors to our website as they move from page to page.

You do have control over cookies, and can refuse the use of cookies by selecting the appropriate settings on your browser.  Note, however, that by not accepting or deleting the use of cookies, you may affect your website experience and you may not be able to take full advantage of all features on this Site.  Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies.  Please consult the “Help” section of your browser for more information.

Web beacons.

A web beacon is a small graphic image place in the code of a web page or an email.  Web beacons are used for a number of purposes, including to track traffic patterns of visitors as they navigate the site or to determine whether content was viewed.  As with cookies, the information that web beacons collects is aggregated “click stream” data, and is not associated with you as an individual, unless you have chosen to communicate with us by email.


HOW WE USE THE INFORMATION WE COLLECT

We may use the information we obtain about you both to further our relationship with you and for other purposes, including to:

In addition, we use information collected online through cookies and other automated means for purposes such as (i) recognizing your computer when you visit the Site, (ii) tracking you as you navigate the Site, (iii) improving the Site’s usability, (iv) analyzing use of the Site, and (v) managing the Site. We also use this information to help diagnose technical and service problems, administer our Site, identify users of our Site, and gather demographic information about our users.  We may use clickstream data to determine how much time users spend on web pages of our Site, how users navigate through our Site, and how we may tailor our Site to better meet the needs of our users.

We may use personal information for other additional purposes.  We will identify these additional purposes at the time of collection.

ONLINE TRACKING

We may also use third-party solutions to conduct web analytics, such as Google Analytics.  Google Analytics is a web analytics service provided by Google, Inc., which uses cookies to help analyze how users use this website.  The information generated by the cookie about your use of this Site (such as your IP address, the URL visited, the date and time the page was viewed) will be transmitted and stored by Google on servers in the United States.  Google will use this information to monitor your use of this Site, compiling reports on website activity for website operators and providing other services related to website activity and internet usage.  Google may transfer this information to third parties where required by law, or where such third parties process information on Google’s behalf.  For more information about Google’s privacy policy in respect of Google Analytics, please refer to http://www.google.com/analytics/learn/privacy.html.

You may opt out of Google Analytics by visiting https://support.google.com/analytics/answer/181881?hl=en-GB

This Site is not designed to respond to “do not track” signals received from browsers.

SHARING INFORMATION

We do not sell or otherwise disclose personal information we collect about you, except as described herein or otherwise disclose to you at the time the data is collected.

Service Provider Arrangements: In connection with our Site and related services, we may transfer (or otherwise make available) personal information to third parties who provide services on our behalf.  For example, we may use service providers, including without limitation, for hosting or operating this Site and analyzing data. These service providers have committed to appropriately safeguard the privacy and security of personal information they process on our behalf.Our service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose personal information for their own marketing or other purposes.

Personal information may be maintained and processed by third party service providers in the US and Canada. For more information about the way in which our service providers treat personal information, contact us as set out in the “How To Contact Us” section below.

Sale of Business: We may transfer personal information as an asset in connection with a prospective or completed merger or sale (including transfers made as part of insolvency or bankruptcy proceeding) involving all or part of McCann Canada or as part of a corporate reorganization or other change in corporate control.

Legal: McCann Canada and our Canadian, US and other service providers and affiliates may disclose your personal information in response to a search warrant or other legally valid inquiry or order (which may include lawful access by Canadian, US or other foreign governmental authorities, courts or law enforcement agencies), to other organizations in the case of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud, or as otherwise required or permitted by applicable Canadian, US or other law.

DATA TRANSFER

We may transfer the information we collect on this Site to other countries other than in which the information was originally collected.  Those countries may not have the same data protection laws as the country in which you initially provided the information.  By submitting your personal data, you consent to this transfer.  When we transfer your information to other countries, we will protect that information as described in this Privacy Notice.

SECURITY

We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.  Access to personal information is granted to employees on a need to know basis.  Any electronic and/or paper files containing personal information is stored in our Canadian offices which are across Canada.

LINKS TO OTHER WEBSITES

The Site may provide links to other websites for your convenience and information. These websites may operate independently from us. Linked sites may have their own privacy notices or policies, which we strongly encourage you to review to better understand their procedures for collecting, using and disclosing personal information. We are not responsible for the content of the linked websites, any use of these sites, or the privacy practices of these sites.

CHILDREN’S PRIVACY

The Site is not directed to children under the age of 13 and we do not knowingly collect personal information from children under the age of 13 on the Site.

YOUR RIGHTS AND CHOICES, INCLUDING ACCESS

We offer you certain choices in connection with the personal information we collect about you, such as how we use the information and how we communicate with you.  To update your preferences, ask us to remove your information from our mailing lists, exercise your rights or submit a request, please contact us as indicated in the “How to Contact Us” section of this Privacy Notice.  To the extent provided by the law of your jurisdiction, you may request access to the personal information we maintain about you or request that we correct, amend, delete or block the information by contacting us as indicated below.  Where provided by law, you may withdraw any consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information, and we will apply your preferences going forward.

CHANGES TO THIS PRIVACY NOTICE

We reserve the right to change or add to this Privacy Notice from time to time and will post any revisions on the Site.  We will indicate at the top of the Privacy Notice when it was most recently updated.  Your continued use of the Site subsequent to any change to this Privacy Notice constitutes your acceptance of the change.  Please review this statement periodically to ensure you are aware of any changes or updates to this Privacy Notice.

HOW TO CONTACT US

If you have any questions about this Privacy Notice or our privacy practices, please feel free to email us at privacy-canada@mccann.com or write to:

McCann
200 Wellington St West
Suite 1300
Toronto, ON MSV ON6
Canada
Attn:  Privacy Lead

Terms of Use

Introduction

McCann Canada Inc. (“McCann Canada”) provides to you this website (“Site”) for your personal informational, educational and entertainment use.  The following Terms of Use govern your access and use of this Site.  Please read these Terms of Use carefully before using this Site.  Also, specific terms and conditions may apply to specific Content (as defined below) on or available through this Site and to specific content, data, materials, or information you may upload, submit and/or publish to the Site (“User Content”).  Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.

When used in these Terms of Use, “we” and “our” means McCann Canada, and “you” and “your” refers to any individual, company or legal entity that accesses or otherwise uses this Site.

1. Acceptance of Terms of Use

By accessing, browsing or using this Site, you agree to be bound by these Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Site. If you do NOT agree to all of these terms, you should NOT access or use this Site.

2. Modification of Terms

These Terms of Use may be amended by McCann Canada, in its sole discretion, at any time without notice to you. Such amended Terms of Use shall be effective upon posting. By continuing to access or use this Site, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. Other McCann Canada websites may have their own terms of use which apply to such websites.

3. Privacy Notice

Personal information provided through this Site shall be used in accordance with McCann Canada’s Privacy Notice and these Terms of Use are subject to the Privacy Notice as posted on this Site.

4. Copyright and Trademarks

You acknowledge that all content on this Site, including, without limitation, the Site’s design, graphics, text, formatting, sounds, pictures, images, user interfaces, page headers, custom graphics, button icons, scripts, software, trademarks, service marks, trade names, trade dress, logos and other materials and information on this Site, and the selection and arrangement thereof (collectively, the “Content”), is owned, controlled or licensed by or to McCann Canada, and is protected by Canadian and international copyright, trademark and various other intellectual property laws and rights. Except as expressly authorized in these Terms of Use, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content in any form or by any means, without the prior written authorization of McCann Canada. McCann Canada authorizes you to view and download the Content, provided that (i) you use the Content only for your own personal, non-commercial use, (ii) you keep intact all copyright and other proprietary notices contained therein, and (iii) you do not modify or adapt the Content in any way. All rights to the Content not expressly granted in these Terms of Use are expressly reserved to McCann Canada.

5. Links to Third Party Websites

Links on the Site to third party websites are provided only as a convenience to you and are not an endorsement by McCann Canada. When you click on these links, you will leave the Site. We are in no way responsible for examining or evaluating these third-party sites. You agree that McCann Canada and its affiliates will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use of or inability to use such websites. You use and access these third party website at your own risk. McCann Canada recommends that you make yourself aware of and read the legal and privacy notices of all the third party websites that you visit.

6. Disclaimer of Warranties

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS IN CERTAIN CIRCUMSTANCES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

McCann Canada strives to provide accurate and up-to-date material on this Site. However, we make no warranties or representations as to the accuracy or timeliness of the Content on this Site.

THE SITE AND THE CONTENT CONTAINED ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MCCANN CANADA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. MCCANN CANADA MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE SITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM COMPUTER VIRUSES.

7. Disclaimer of Damages and Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES IN CERTAIN CIRCUMSTANCES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

NEITHER MCANN CANADA OR ITS AFFILIATES SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO YOUR ACCESS TO, OR USE OF OR INABILITY TO USE THIS SITE OR ANY MATERIAL, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS SITE, OR ANY INCORRECT OR INACCURATE INFORMATION ON THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PROPOERTY DAMAGE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, ECONOMIC LOSS OR LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF MCCANN CANADA HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGE OR LOSS.

8. Indemnification and Release

You agree to indemnify, release and hold harmless McCann Canada and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable legal fees, resulting or arising from or relating to your use of or conduct on the Site, any activity related to use of the Site by you, any message or material that you submit to, post on or transmit through the Site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Site.

If you have a dispute with one or more users, you release McCann Canada and its affiliates from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

9. No Unlawful or Prohibited Activity

As a condition of your use of this Site, you agree not to use the Site for any purpose that is unlawful or prohibited by these terms and conditions. You further agree that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through this Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, violates the privacy rights of others, infringes others' intellectual property rights or otherwise violates any applicable local, provincial, federal or international law. You agree not to use this Site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Site. You agree to use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material.

McCann Canada reserves the right, in its sole discretion, to suspend or terminate your access to this Site and prohibit any and all current and future use of this Site (or any portion thereof) by you, if you fail to comply with any term or provision of these Terms of Use or your use is harmful to the interests of another user of this Site.

10. Site Service

McCann Canada reserves the right at any time and from time to time to add, modify, delete or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice or consent. McCann Canada and its affiliates shall have no responsibility or liability for failure to store or delete any Content or User Content submitted to the Site.

11. Governing Law and Dispute Resolution

EXCEPT WHERE PROHIBITED BY LAW, WHICH INCLUDES THE PROVINCE OF QUEBEC, these Terms of Use and all matters relating thereto shall be governed by, and construed in accordance with, the laws of Ontario, Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. You agree that any action at law or in equity arising from or relating to the use of this Site or to these Terms of Use shall be brought exclusively in the courts of the Province of Ontario sitting in the City of Toronto. You hereby consent and submit to personal jurisdiction in of such courts for the purposes of any action relating to this Site, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.

12. Severability

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the validity and enforceability of any remaining provisions shall not be affected.

13. No Waiver

The failure of McCann Canada and its affiliates to enforce any part of these Terms of Use shall not constitute a waiver of such term or provision, and shall not be considered a waiver or limit McCann Canada’s right thereafter to insist upon strict adherence to that term or any other provision of these Terms of Use.

Last Update: August 2017