ELDOR-WAL REGISTRATIONS (1987) LTD. (“ELDOR-WAL”)
TERMS AND CONDITIONS OF USE
Last Amended April 2022
1. Acceptance of Terms and Conditions of Use
This page states the Terms and Conditions of Use under which you may access and use Eldor-Wal’s website, located at https://www.eldorwal.com/, and any related webpages, websites, software, applications, products, services, features, and client interface mechanisms, including without limitation, court filing and searches, land title registrations and searches, corporate services, NUANS reports, Personal Property Registry searches and registrations, legal products, out-of-province services and searches, and due diligence searches (collectively, the “Services”), and all information, material, original works and other subject-matter or content, including, without limitation, the underlying HTML, articles, text, data, photographs, images, illustrations, designs, icons, audio clips, video clips, graphics, user interface, documents, products, services and software, on the Eldor-Wal website (the "Material").
By accessing and/or using the Services and/or the Material, you agree to be bound by these Terms and Conditions of Use. If you do not accept or agree with any or all of these Terms and Conditions of Use, do not access or use the Services or the Material. If you do not understand, or if you have questions about, these Terms and Conditions of Use, please contact Eldor-Wal before using, or continuing to use, the Services and/or the Material.
If there is any conflict between the terms of this Agreement and your ASP Services Agreement or your End User Agreement, if any, (each an “Enrollment Agreement”), the terms of the Enrollment Agreements shall govern.
2. Changes to these Terms and Conditions of Use
Eldor-Wal may amend these Terms and Conditions of Use at any time by posting new Terms and Conditions of Use on the Eldor-Wal website in place of these ones. The date on which the Terms and Conditions of Use were last amended is indicated at the beginning of this webpage. The amended Terms and Conditions of Use shall automatically be effective when posted. Amendments may include, without limitation, additions, deletions or modifications to these Terms and Conditions of Use.
Eldor-Wal will post notice that the Terms and Conditions of Use have been amended on the fronting webpage of the Eldor-Wal website for a period of 30 days. You must visit this webpage and review these Terms and Conditions of Use each time that you visit the Eldor-Wal website in order to ensure that you are aware of any amendments and that they are acceptable to you.
Your continued access and/or use of the Services and/or the Material following the posting of amended Terms and Conditions of Use and the related notice means that you accept to be bound by the Terms and Conditions of Use, as amended. If you do not agree with any of the terms or conditions in the amended Terms and Conditions of Use, then you agree to immediately cease all access and/or use of the Services and/or the Material, which shall be your sole recourse and remedy in the event you are dissatisfied with the amended Terms and Conditions of Use.
3. Personal Information and Privacy
4. Intellectual Property - General
All or parts of the Services and the Material may be protected by applicable copyright, trademark, patent trade secret and other proprietary and intellectual property rights and laws under both Canadian and foreign laws which may be violated by unauthorized access and/or use of the Services or the Material. Users of the Services or the Material are solely responsible for ensuring that they comply with any applicable copyright, trademark, patent and other intellectual property laws.
All or parts of the Material are protected by the Copyright Act, RSC 1985, c C-42 of Canada, as same may be amended from time to time. Copyright in the Material is either owned or licensed by Eldor-Wal.
Except as expressly provided in these Terms and Conditions of Use, none of the Material may be copied, reproduced, distributed, republished, downloaded, displayed, modified, posted, presented, transmitted or otherwise exploited in any form or by any means ("Use") without prior express written consent from Eldor-Wal.
To inquire about obtaining consent to Use any Material on the Services, please send a request to Eldor-Wal at [email protected]
If you become aware of any content on the Services that you believe to be objectionable or to violate this Agreement, or that you believe may cause injury to yourself, Eldor-Wal, or any third party, you should notify Eldor-Wal of such content immediately at [email protected] Even if you notify Eldor-Wal of such content that you believe to be objectionable, you agree that Eldor-Wal will not be obligated to take any particular steps, or any steps at all, in response to your notification. You agree that your notification under this paragraph will create no duty on Eldor-Wal’s part to you or to any third party, and that Eldor-Wal may not be held liable for any action that Eldor-Wal takes, or for Eldor-Wal’s inaction, after you provide Eldor-Wal with notification.
6. Mobile Content
The Services may provide mobile alerts and other mobile content via SMS, MMS, WAP and other means of mobile content delivery to certain compatible mobile devices (the “Mobile Service”). You acknowledge and agree that the Mobile Service is for your use and may be used only on your personal mobile device (“Mobile Device”). To the extent the Mobile Service requires designation of your Mobile Device during a registration or other process, the Mobile Service may only be used on the designated Mobile Device. You agree that you may not otherwise transmit, broadcast, upload to any computer or other mobile device, create derivative works of, or make commercial use of the Mobile Service, including, but not limited to, any mobile alert (a “Mobile Alert”). You may not, or attempt to (or otherwise authorize, encourage or support others’ attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Mobile Service, including, but not limited to, any Mobile Alert. Eldor-Wal makes no representation as to the compatibility of your Mobile Device with the Mobile Service, and you acknowledge and agree that Eldor-Wal shall have no liability for the compatibility or non-compatibility of your Mobile Device with the Mobile Service. For clarity, the Mobile Service constitutes part of the Services and is therefore subject to the other provisions of these Terms and Conditions of Use.
In order to use the Mobile Service, you must have a mobile communications subscription with a participating wireless service provider (a “Carrier”), or otherwise have access to a mobile communications network for which Eldor-Wal makes the Mobile Service available, as well as any Carrier services necessary to download content to your Mobile Device. There may be service fees associated with certain Carrier services necessary to download content. Please contact your participating Carrier for details. If any upgrade in or to the Mobile Service requires changes in your equipment or software, you must effect these changes at your own expense.
Names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Services or in the Material may constitute registered or unregistered trademarks of Eldor-Wal or of third parties that have granted Eldor-Wal a license to use such marks. Unauthorized use of any such trademarks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under the trademark laws of Canada and other countries. Nothing on the Services may be interpreted as granting any license to Use any trademark of Eldor-Wal without the express prior written consent of Eldor-Wal. In particular, Eldor-Wal retains all right, title and interest to the word "Eldor-Wal" and any word, phrase or logo incorporating the foregoing (collectively, the "Eldor-Wal Marks"). You agree not to display or use the Eldor-Wal Marks in any manner without Eldor-Wal’s prior written permission.
To inquire about obtaining consent to Use trademarks, including the Eldor-Wal Marks, please send a request to Eldor-Wal at [email protected]al.com.
In order to access and/or use any Services, you may enroll with Eldor-Wal by entering into at least one of the Enrollment Agreements. You agree that you will use the Services only for lawful personal, business or governmental purposes.
If you opt to register for any online service you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the registration form (“Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Eldor-Wal has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, Eldor-Wal shall have the right to suspend or terminate your account and refuse any and all current or future use of any Services. You acknowledge and agree that Eldor-Wal shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about any Service or your account. You further agree that Eldor-Wal is authorized to verify such Registration Data. Furthermore, if any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, Eldor-Wal and its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.
You acknowledge and agree that Eldor-Wal may rely on the Registration Data to send you important information and notices regarding your account and any online service. From time to time, Eldor-Wal may send you communications and other promotions by email. You can unsubscribe from Eldor-Wal’s communications and other promotions through the unsubscribe mechanism contained in the applicable message.
If you opt to register for any Service, you may be required to establish an account and provide your e-mail and establish a password. Eldor-Wal uses a single step verification process to authenticate and identify users of the Services.
You authorize Eldor-Wal to process any and all account transactions initiated through the use of your e-mail and password. You are solely responsible for your account, including without limitation and maintaining the confidentiality and security of your account and password. You acknowledge and agree that you are responsible for any unauthorized activities, charges and/or liabilities made through the use of your e-mail and password. In no event will Eldor-Wal be liable for the unauthorized use or misuse of your e-mail and/or password. You must immediately notify Eldor-Wal of any unauthorized use of your account, e-mail and password, or any other breach of security with respect to your account, and you agree to provide assistance to Eldor-Wal, as requested, to remedy any breach of security related to your account.
In order to use the Services, individuals under the age of majority must attain permission from their parent or guardian. Use of the Services constitutes acceptance of this requirement and confirmation that such permission has been sought and obtained.
9. Commercial Use
Use of the Material and/or the Services, either in whole or in part, for the purpose of commercial distribution is strictly prohibited, except with express prior written permission from Eldor-Wal.
By using the Services, you attest that you do not provide unlawful or illicit products or services. You will not use the Services for any unlawful, fraudulent or improper activity. You agree that you will not use any information about other users of the Services that is provided by the Services. If Eldor-Wal has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions relating to the Services, your access to the Services may be suspended or terminated. You will cooperate fully with Eldor-Wal to investigate any suspected unlawful, fraudulent or improper activity.
The Material and the Services is provided "as is", without warranties or conditions of any kind, whether express or implied. To the fullest extent possible under applicable law, Eldor-Wal disclaims all warranties and conditions, whether express or implied, statutory or otherwise, including without limitation implied warranties or conditions of merchantability and fitness for a particular purpose or use and warranties or conditions of title, non-infringement or other non-violations of rights.
Eldor-Wal does not warrant or make any other representations regarding the use, accuracy, completeness, timeliness, efficacy, applicability, performance, security, availability or reliability of the Material or the Services, any websites linked to the Eldor-Wal website, the results from the use of the Services, the Material, or any websites linked to the Eldor-Wal website, or otherwise regarding the Material or the information, material, original works or other subject-matter or content on any websites linked to the Eldor-Wal website.
Additionally, unless otherwise expressly stated, nothing contained in or on the Services or the Material shall be construed as providing advice to you.
11. Limitation of Liability
Under no circumstances, including without limitation negligence, shall Eldor-Wal (including Eldor-Wal’s affiliates and licensors, and each of the respective officers, directors, contractors, agents, employees, successors, and assigns) be liable to you or to any third party for any direct, indirect, compensatory (whether expectation or consequential), general, special, liquidated, pecuniary, punitive, aggravated, nominal or incidental damages or losses, or any other damages or losses of any kind whatsoever, including without limitation lost revenue, lost or damaged data or economic loss, regardless of the cause of action, arising directly or indirectly from the Services and/or the Material, including without limitation the access and/or use of, or the inability to access and/or use, any or all of the Services or the Material. The foregoing limitations shall apply to the fullest extent permitted by law in the applicable jurisdiction.
12. Condition of Eldor-Wal Services (Management of Accounts)
You agree to allow any and all affiliates and/or subsidiaries to work in conjunction with Eldor-Wal in order to provide you with Services.
Eldor-Wal and its affiliates and/or subsidiaries reserve the right to access your accounts if it is necessary to assist with customer service, process payments, enforce the Terms and Conditions of Use, investigate and/or address any security or technical issues, or if Eldor-Wal believes this access is necessary to act in accordance with a legal or governmental request.
You acknowledge your account content, including personal information, may be stored and processed in an Eldor-Wal facility or a facility of its agents outside of Canada. As a result, your personal information may become subject to the Federal and State laws of jurisdiction(s) outside of Canada. As an example, if you are located in Canada and your payment transaction is processed and/or stored by a service provider located in the United States, then your personal information stored and/or used in completing that transaction may be subject to disclosure under United States legislation, including the USA Patriot Act. The USA Patriot Act may allow U.S. law enforcement officials to access any electronic and business records that are stored in the United States at any time.
13. Third Party Website Links
The Services and the Material may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Eldor-Wal. There also may be circumstances in which access to the Services may be provided by a hypertext link located at a third party website.
Eldor-Wal is not responsible for and does not endorse, authorize, approve, certify, maintain, or control the content of any third party website, or any third party goods or services that may be referred to in, or linked to, the Services or the Material, nor does it make any representation or warranty of any kind, express or implied, regarding any third party website, goods, or services, including, without limitation, (i) any representation or warranty regarding the legality, use, accuracy, currency, reliability, completeness, efficacy, timeliness, applicability, performance, security, or availability of any information, material or content on such third party websites, (ii) any representation or warranty regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third party websites, or (iii) any representation or warranty that the operation of such third party websites will be uninterrupted or error free, that defects or errors in such third party websites will be corrected, or that such third party websites will be free from viruses or other harmful components.
Nevertheless, Eldor-Wal seeks to protect the security, integrity and reliability of the Services and therefore welcomes any feedback regarding links to third party websites contained on Eldor-Wal’s website (including without limitation if a specific link does not function).
You agree to indemnify, hold harmless, and defend Eldor-Wal, and its affiliates and licensors, and each of the respective officers, directors, contractors, agents, employees, successors, and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable legal fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Services and the Material, (ii) your online conduct in connection with the Services, (iii) your violation or breach of these Terms and Conditions of Use, (iv) your failure to comply with any applicable laws or regulations in connection with the Services, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services, or (vi) any of your dealings or transactions with other persons resulting from use of the Services. These obligations will survive any termination of these Terms and Conditions of Use.
15. Integration and Severability
These Terms and Conditions of Use and your Enrollment Agreement constitute the entire agreement between Eldor-Wal and you, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Eldor-Wal. In the event any provision of these Terms and Conditions of Use is held unenforceable, in whole or in part, by an applicable court of law, such holding will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
If there is any conflict between the terms of this Agreement and your Enrollment Agreement, the terms of the Enrollment Agreement shall govern.
You are responsible for paying all fees associated with the use of the Services on or before the due date for such fees.
17. Unpaid Accounts
Eldor-Wal, at its sole discretion, reserves the right to restrict or terminate your use of Services at any time, with or without notice, effective immediately in the event that Eldor-Wal determines that you have failed to pay all fees associated with the use of Services when due.
18. Payment Concerns
If you have any concerns regarding charges to your account, you have 30 days from the date of the charge to dispute it. Please contact Eldor-Wal at [email protected] regarding any questions concerning your account.
19. Canceling Service
You may cancel your online account and terminate this Agreement at any time. To cancel your account please contact Eldor-Wal directly at [email protected]
20. Document Retention
With respect to its online services, Eldor-Wal retains any electronic search results for a period of two years, unless otherwise required by law.
With respect to filing and registration services relating to physical documents, Eldor-Wal registers and files documents and provides proof of filing. Eldor-Wal does not retain the proof of filing or original documents or any copies thereof.
21. Modifications to the Service and Prices
Eldor-Wal reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services or the Material (or any part thereof) with or without notice.
Prices of all Services are subject to change upon 30 days’ notice from Eldor-Wal. Such notice may be provided at any time by posting the changes on Eldor-Wal’s website.
Eldor-Wal shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
22. No Resale of the Services
Your right to access and use the Services is personal to you and subject to the usage license as provided under the Enrollment Agreement you have entered into. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Services, use of the Services, or access to the Services to any third party.
You must comply with all applicable laws and regulations, and take all other required and appropriate actions in connection with your use of the Services and the Materials.
You agree not to do any of the following:
(a) use the Services or the Materials for any illegal purpose in violation of any applicable municipal, provincial, territorial, federal or international law;
(b) use the Services or the Materials in a way that could damage the Services, the Materials, or Eldor-Wal’s business;
(c) use the Services or the Materials in a way that would adversely impact use of the Services or the Materials by other users;
(d) message, submit, upload, request, deliver, provide, or transmit any text, graphics, images, messages, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of privacy; (ii) violates or constitutes any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is unlawful, abusive, tortious, pornographic, libelous, defamatory, obscene, pornographic, hateful, vulgar, offensive or racially or ethnically objectionable; (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is violent, abusive, or threatening, or promotes violence or actions that are threatening to any living thing; or (vi) promotes illegal or harmful activities or substances.
(e) collect or store personal information about other individuals;
(f) upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
(g) reverse engineer, or attempt to reverse engineer or disassemble any of the Material;
(h) violate the security of the Services or the Materials through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network;
(i) violate any applicable law or regulation or any person’s legal rights; or
(j) encourage or enable any other individual or other person to do any of the foregoing.
If you use, or attempt to use the Services for any of the foregoing purposes, your user account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
24. Correct E-mail
You agree that you have access to the Internet and to a current e-mail address. You have sole responsibility for providing Eldor-Wal with a correct and operational e-mail address. Eldor-Wal will not be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and an e-mail account. You must promptly notify Eldor-Wal of any change in your e-mail or postal mailing address.
25. Electronic Notices
To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your user account and/or your use of the Services ("Notices"), may be provided to you electronically and you agree to receive Notices in an electronic form. Electronic Notices may be posted on the pages within the Services and/or delivered to your e-mail address. You should print a copy of any Notices and retain it for your records. All Notices in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Notice. Eldor-Wal reserves the right but assumes no obligation to provide Notices in paper format. Your consent to receive Notices electronically is valid until you revoke your consent by notifying Eldor-Wal of your decision to do so, by sending an e-mail message to [email protected] or by telephoning Eldor-Wal Support at 780.429.5969. If you revoke your consent to receive Notices electronically, Eldor-Wal may terminate your right to use the Services.
26. No Refund Policy
All services provided by Eldor-Wal are provided on a non-refundable basis. Customer agrees not to charge back any credit card payments for services rendered. Should you require to cancel a service request before it has been processed by Eldor-Wal, contact Eldor-Wal at 780.429.5969 during business hours. If the service can be cancelled, it will be, and you will not be charged for the service requested. Should the service request not be able to be recalled, you will be charged for such services. In the event of a data entry error on the part of Eldor-Wal, contact Eldor-Wal at 780.429.5969. Eldor-Wal will re-submit the request for processing, and provide such results to you at no charge when possible. The original service request fee will not be refunded.
27. No Waiver
Eldor-Wal’s failure to enforce any provisions of these Terms and Conditions of Use or respond to a breach by you or other parties shall not in any way waive Eldor-Wal’s right to enforce subsequently any terms or conditions of the Terms and Conditions of Use or to act with respect to similar breaches.
Eldor-Wal may terminate these Terms and Conditions of Use, including any licenses contained herein and your access to and use of the Services or the Material, at any time (“Termination”).
Upon Termination, you must cease to access and/or use the Services and the Material. This includes, without limitation, the obligation to destroy all Material, and all related documentation and all copies thereof, and the obligation to take any additional or alternative reasonable steps that Eldor-Wal may direct in respect of the Termination.
29. Dispute Resolution
You agree to endeavour to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions of Use, or the Services or the Material, by negotiations; however, if a dispute is not resolved by negotiation within twenty (20) days of commencing negotiations, the dispute shall be submitted to arbitration by a single arbitrator who is acceptable to both you and Eldor-Wal and whose expenses will be shared equally by you and Eldor-Wal. If we cannot agree on an arbitrator, the ADR Institute of Canada will appoint an arbitrator. The determination of the arbitrator will be conclusive, final and binding on you and Eldor-Wal. The Arbitration Act (Alberta) or successor legislation will apply to the arbitration. Notwithstanding the foregoing, each party shall retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other proprietary or intellectual property rights.
30. Governing Law
These Terms and Conditions of Use and the access to and use of the Services and the Material shall be governed by the laws of the Province of Alberta and the laws of Canada applicable therein. You agree to submit and attorn to the exclusive jurisdiction of the Courts of the Province of Alberta.
31. Contact Information
For more information about these Terms and Conditions of Use or any information or questions regarding the Services, please contact Eldor-Wal at 780.429.5969 or [email protected]
ELDOR-WAL REGISTRATIONS (1987) LTD. (“ELDOR-WAL”)
Last Amended April 2022
- the information collected by Eldor-Wal;
- how Eldor-Wal collects, retains, uses, discloses, destroys and protects your personal information;
- certain of your choices and obligations as a user of the Services;
- your requests to access or correct your personal information; and
- how to contact Eldor-Wal.
A. Compliance with Legislation
Eldor-Wal is compliant with federal legislation governing personal information (e.g. the Personal Information Protection and Electronic Documents Act, SC 2000, c 5 as it may be amended or superseded from time to time), Canada’s anti-spam legislation, SC 2010, c 23 (“CASL”), and other legislation which may apply from time-to-time, which are designed to protect your personal information and privacy.
- "personal information" means information about an identifiable individual or entity. Personal information does not include information that cannot be attributed to an identifiable individual, such as information of an aggregate or anonymous nature.
In the context of the Services, examples of personal information may include, without limitation, your name, company name, mailing address, e-mail address, phone number, credit card or payment information, other account information, communication preferences, the names of any authorized representatives who will work with Eldor-Wal, correspondence and other information that you send to Eldor-Wal, unique identifiers (such as a user name, password, or mobile device identification number), Internet Protocol (IP) address, location information, information collected through cookies, web beacons, Local Shared Objects, and other technologies, Standard Server Log Information, or additional information as otherwise described to you at the point of collection or pursuant to your consent.
D. Personal Information Aggregated or Made Anonymous
To the extent that Eldor-Wal makes any of your personal information anonymous or aggregates it with the personal information of others such that it can no longer be attributed to you, your information will no longer be considered to be personal information and Eldor-Wal is entitled to use, retain, disclose and destroy such information in its absolute discretion.
E. Choosing to Provide Personal Information
When using the Services and dealing with Eldor-Wal, you may choose not to provide certain of your personal information. If you choose not to provide all information reasonably requested of you, it may limit the manner in which you can make use of the Services and otherwise interact with Eldor-Wal or you may not be able to use the Services or to interact with Eldor-Wal at all.
Eldor-Wal may rely on your implied consent in certain circumstances, after taking into account factors such as the sensitivity of the personal information and your reasonable expectations.
Eldor-Wal will limit the collection, use, and disclosure of your personal information to only that which is necessary for the purposes identified, unless you have otherwise consented, or when such collection, use, and/or disclosure is permitted or required by law.
You can always refuse to provide your personal information, except that it may prevent you from using the Services or receiving responses to your inquiries or other information of interest.
G. Consent via Opt-In or Opt-Out in Certain Circumstances
Eldor-Wal also may, from time to time, provide you with a reasonable opportunity to opt-in to certain collections, uses and disclosures of your personal information. If you do not opt-in to a particular collection, use or disclosure of your personal information when given a reasonable opportunity to do so, you do not consent to your personal information being collected, used or disclosed in that particular manner.
Where Eldor-Wal provides an opt-in or opt-out opportunity, Eldor-Wal will use the opt-out method when the particular collection, use or disclosure does not pertain to sensitive personal information or would be reasonably expected by the user of the Services. Eldor-Wal will use the opt-in method in all other circumstances.
H. Changing or Withdrawing Consent
If you withdraw certain consents reasonably requested of you and necessary for you to make use of the Services or to otherwise interact with Eldor-Wal, it may limit the manner in which you can make use of the Services and otherwise interact with Eldor-Wal or you may not be able to use the Services or interact with Eldor-Wal at all.
Your ability to change or withdraw consent is not absolute. Eldor-Wal reserves the right to continue handling your personal information in those circumstances required or permitted by law despite a change or withdrawal of consent.
Any change to or withdrawal of consent will not apply retroactively.
I. Collection of Personal Information
In some instances, Eldor-Wal may collect your personal information directly from a third party, in which case Eldor-Wal will obtain your consent to such collection unless required or permitted by law not to obtain your consent or unless the third party provided confirmation to Eldor-Wal that it is entitled or required by law to disclose your personal information to Eldor-Wal.
The following, without limitation, are particular circumstances in which Eldor-Wal may collect your personal information:
- Eldor-Wal collects personal information from you when you visit its website, register an account to request access to the Services, subscribe to receive communications from Eldor-Wal, respond to an electronic survey or communication from Eldor-Wal (such as e-mail), submit comments or participate in another feature of the Services, make payment for Services, or interact with Eldor-Wal in any other way, online or offline, including through the Services. In particular, when registering an account, subscribing to receive communications from Eldor-Wal, responding to an electronic survey or communication from Eldor-Wal, submitting comments or participating in another feature of the Services or making payment for Services, Eldor-Wal may ask you for your name, e-mail address, mailing address, phone number, credit card or payment information or other information;
- Eldor-Wal may also collect personal information from other sources (such as its third party service providers) or from its offline interactions with you to, among other things, enable Eldor-Wal to verify or update information contained in its records and to better provide or customize the Services for you;
J. Use of Personal Information
The following, without limitation, are particular circumstances in which Eldor-Wal may use your personal information without obtaining your further consent. By providing your personal information to Eldor-Wal, you consent to the following uses:
- using identification information and contact information, such as your name, address and e-mail address, to provide you with information about Eldor-Wal;
- using identification information and contact information, such as your name, address and e-mail address, so that Eldor-Wal can identify you and deliver the Services that you request and to communicate with you regarding those Services;
- using payment method preferences and related financial information that you provide to Eldor-Wal so that Eldor-Wal can obtain payment for the Services that you request and process transactions in an efficient manner;
- using information relating to your preferences so that Eldor-Wal can deliver the Services to you in accordance with those preferences;
- using customer relationship information such as your Service requests, instructions, comments and feedback to assist Eldor-Wal in delivering the Services in accordance with your preferences;
- using personal information for the purpose for which it was provided and certain other activities that are reasonably ancillary to that purpose;
- using identification information and contact information, such as your name, address and e-mail address to administer a promotion or survey or to provide you with information about events or offers that may interest you or new features and/or enhancements to the Services, unless you choose to unsubscribe to such messages in accordance with CASL, where applicable;
- analyzing your personal information to assist Eldor-Wal in developing and enhancing the Services;
- analyzing your personal information to assist Eldor-Wal in conducting market analysis and strategic planning;
- compiling and analyzing your personal information into aggregated research reports. Aggregated data is not identified with any particular customer or any particular customer representative or any other particular customer information. Eldor-Wal may share this aggregated data with its business partners;
- respond to legally binding demands from law enforcement, regulatory authorities or other third parties;
- defend, protect or enforce Eldor-Wal’s rights or applicable terms of service;
- to prevent fraud or the recurrence of fraud;
- comply with applicable law; and
- as otherwise described to you at the point of collection or pursuant to your consent.
Eldor-Wal uses a third party provider for processing payments. Eldor-Wal requests the third party provider comply with applicable privacy legislation but Eldor-Wal cannot guarantee such third party compliance.
Eldor-Wal may use non-personal information for any legitimate business purpose.
K. Disclosure of Personal Information
The following, without limitation, are particular circumstances in which Eldor-Wal may disclose your personal information without obtaining your further consent. By providing your personal information to Eldor-Wal, you consent to the following disclosures:
- where the disclosure is set out in the related documentation for the Services or is reasonably expected through the use and operation of the Services;
- where Eldor-Wal is under a duty to disclose your personal information in order to comply with any applicable legal obligation, legal or regulatory process or an order or request of a government institution, investigative body, regulatory body or judicial authority of competent jurisdiction;
- where Eldor-Wal believes in good faith that disclosure is necessary:
- to investigate, prevent or take action regarding suspected or actual illegal activities or to assist government enforcement agencies or investigative bodies in that regard;
- to enforce the Terms and Conditions of Use or any other policies of the Services or any agreements to which Eldor-Wal is a party;
- to investigate and defend Eldor-Wal against any third party claims or allegations;
- to protect the security or integrity of the Services; and/or
- to exercise or protect the rights, property or personal safety of Eldor-Wal, its customers and users, employees, or others;
Eldor-Wal discloses non-personal information to third parties as reasonably necessary to meet its business needs. In no event will Eldor-Wal sell or rent your personal information.
L. Third-party Service Providers
In general, third-party providers used by Eldor-Wal will only collect, use and disclose your personal information to the extent necessary to allow them to perform the services necessary for your use of the Services.
However, certain third-party service providers, such as data storage centres, payment gateways and other payment transaction processors, have their own privacy policies in respect to the personal information Eldor-Wal is required to provide them for your use of the Services.
For these providers, Eldor-Wal recommends that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, be advised that certain providers may be located in or have facilities that are located outside of Canada, such as in the United States. If you proceed to access and/or use any of the Services provided by Eldor-Wal please be aware that it may involve the services of a third-party service provider outside of Canada. As a result, your personal information that is received by the third-party service provider may become subject to the Federal and State laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your payment transaction is processed and/or stored by a service provider located in the United States, then your personal information stored and/or used in completing that transaction may be subject to disclosure under United States legislation, including the USA Patriot Act.
M. Accuracy and Completeness of Personal Information
When Eldor-Wal collects, uses or discloses personal information, it will make a reasonable effort to ensure that the personal information is accurate, up-to-date, and complete to the extent that is reasonable for Eldor-Wal’s purposes in collecting, using or disclosing the personal information. To do so, it may be necessary for Eldor-Wal to request additional information from you or have you verify your personal information. Should your personal information change, please inform Eldor-Wal of the change(s) so that your personal information in Eldor-Wal’s possession remains accurate and complete.
N. Retention and Destruction of Personal Information
Within a reasonable time period after Eldor-Wal no longer reasonably requires your personal information for the purposes for which it was collected or for legal or business purposes, Eldor-Wal either will destroy the records under its custody or control containing your personal information or it will render your personal information anonymous so that it can no longer be used to identify you.
O. Security of Personal Information
Eldor-Wal recognizes its obligation to protect personal information that is in its custody or under its control by implementing reasonable and industry-standard security safeguards to keep confidential and secure your personal information against risks such as loss, theft, and unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction. These reasonable safeguards may vary depending on the circumstances, including the level of sensitivity of the personal information, and may include restricting access to authorized individuals on a need-to-know basis, locked doors and/or filing cabinets, other organizational, physical or technological security measures, and contractual measures such as non-disclosure or confidentiality agreements.
P. Requests for Access to Personal Information
Requests for Personal Information
On your written request, and taking into consideration what is reasonable, Eldor-Wal will provide you, not later than 30 days from Eldor-Wal’s receipt of your request, or such additional time as permitted or required by law, with:
- access to your personal information (if any) under Eldor-Wal’s custody or control;
- information about the purposes for which your personal information (if any) under Eldor-Wal’s custody or control has been and is being used by Eldor-Wal; and
- the names of persons to whom, and the circumstances in which, your personal information (if any) has been and is being disclosed by Eldor-Wal.
If you request a copy of your personal information and the personal information can reasonably be reproduced, Eldor-Wal will provide you with a copy of the record or the part of the record containing the requested personal information or, if applicable, it will give you reasons for any delay in providing a copy of the requested personal information or record.
All requests may be subject to reasonable fees and disbursements. Where appropriate, Eldor-Wal may require advance payment of a deposit or the entire costs of responding to a request for access to personal information.
Requests for Access to Personal Information must be in Writing
Eldor-Wal requires that all requests for access to personal information be in writing, be signed by the requestor and include sufficient detail to enable Eldor-Wal, with a reasonable effort, to identify any record in the custody or under the control of Eldor-Wal containing the personal information in respect of which the request is made.
Limits on Right to Access Personal Information
Your ability to access your personal information under Eldor-Wal’s custody and control is not absolute. Eldor-Wal reserves all rights not to disclose personal information, in whole or in part, in certain circumstances permitted or required by law, including but not limited to where:
- the personal information is protected by solicitor-client privilege or the professional secrecy of advocates and notaries or by litigation privilege;
- the disclosure of the personal information would reveal confidential commercial information;
- the disclosure could reasonably be expected to threaten the life or security of another individual;
- the disclosure would reveal personal information about another individual;
- the personal information was collected without your knowledge or consent (pursuant to applicable legislation) because it was reasonable to expect that such knowledge or consent would compromise
- the availability or accuracy of the personal information and the collection was reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province; or
- the personal information was generated in the course of a formal dispute resolution process.
If access to your personal information is refused, in whole or in part, Eldor-Wal will provide you with the reasons for the refusal, the provision of the applicable legislation on which the refusal is based, and the name of the individual who can answer your questions on behalf of Eldor-Wal about the refusal, and will inform you that you may ask for a review of the refusal in accordance with applicable legislation.
Q. Requests for Correction of Personal Information
On written request by you, Eldor-Wal will make every reasonable effort to correct errors or omissions in your personal information where that personal information is in Eldor-Wal’s custody or control. Eldor-Wal requires that all such requests be in writing, be signed by the requestor, and include sufficient detail to enable Eldor-Wal, with a reasonable effort, to identify any record in the custody or under the control of Eldor-Wal containing the personal information in respect of which the request is made.
If you make such a request, Eldor-Wal will, as soon as reasonably possible and not later than 30 days from Eldor-Wal’s receipt of your request, or within such additional time as permitted or required by law, either:
- correct the personal information and, if reasonable to do so, send correction notifications to any third party to whom Eldor-Wal disclosed the incorrect personal information; or
- decide not to correct the personal information, but Eldor-Wal will annotate the personal information under its control to indicate that a correction was requested but not made.
Eldor-Wal will inform you of the action that it has taken in response to your request for correction, the name of the individual who can answer your questions on behalf of Eldor-Wal about your request for correction, and that you may ask for a review of the action taken in accordance with applicable privacy legislation.
Notwithstanding any requests for corrections of personal information, Eldor-Wal will not correct or otherwise alter an opinion, including a professional or expert opinion.
R. Cookies and Similar Technologies
Cookies do not enable Eldor-Wal to identify a particular visitor unless that visitor has previously provided personal information during a visit.
If your Internet browser permits, you may adjust the settings of your Internet browser to notify you when you receive a cookie or to reject cookies altogether, but in some cases, doing so may impact your ability to use the Services. Because each Internet browser is different, users of the Services should check the "Help" menu of their Internet browsers to learn how to change their cookie preferences.
If you adjust your Internet browser settings to reject cookies, you may no longer have access to certain features of and services in regards to the Services. However, you may nevertheless place an order by telephone by contacting Eldor-Wal’s customer service.
S. Other Collection, Use and Disclosure of Personal Information
Eldor-Wal may monitor your use of the Services to ensure the proper use and operation of the Services and your compliance with any agreements and Terms and Conditions of Use for the Services.
Eldor-Wal also reserves the right to collect, use and disclose your personal information without your knowledge or consent where permitted or required by law.
U. Accountability and Contacting Eldor-Wal
Should you have any questions or comments regarding Eldor-Wal’s privacy policies, practices, or handling of your personal information or if you wish to request access to or correction of your personal information under Eldor-Wal’s care and control, you may contact Eldor-Wal’s Privacy Officer at:
Luke Manca, Privacy Officer
#1200-10123 99 ST NW
Canada T5J 3H1