Black Creek Developments Inc. Privacy Policy
Black Creek Developments Inc. an Alberta Corporation (the “Company”) maintains this Website as a service to its customers. By using websites owned and operated by the Company, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms you should not review information or obtain documentation from this website.
1. Definitions:
(a) Affiliated Party – includes an affiliated body corporate and/or associate body corporate as defined in the Business Corporations Act, RSA 2000, c-B-9, as amended, of Black Creek Developments Inc.
(b) Collection - the act of gathering, acquiring, recording or obtaining Personal Information from any source, including third parties, by any means.
(c) Consent - voluntary agreement with the Collection, use and Disclosure of Personal Information for defined purposes. Consent can be either express or implied and can be provided directly by the Person or by an authorized representative. Express consent can be given orally, electronically or in writing but is always unequivocal and does not require any inference on the part of the Company. Implied consent is Consent that can reasonably be inferred from a Person's action or inaction.
(d) Disclosure - making Personal Information available to a Third Party.
(e) Employee - an employee or independent contractor (including freelancers) of the Company.
(f) Individual - an individual other than an Employee who (a) corresponds with the Company, including complaints and including applications for employment; (b) enters a contest sponsored by the Company; or (c) uses, or applies to use, the products or services of the Company.
(g) Person - an Individual or an Employee.
(h) Personal Information - information about an identifiable Person, but not: a) information that is publicly available, such as a Person's name, address, telephone number and electronic address, when listed in a directory or made available through directory assistance; b) business-contact information, such as 1
the name, title or business address (including electronic address) or telephone number of an employee of an organization; c) information collected, used or disclosed in the course of journalistic, literary or artistic activities; or d) aggregate information that cannot be associated with a specific person, such as demographic statistics about Company customers, or number of visitors and average time spent on a website.
(i) Third Party - a person other than the Person or his agent, or an organization other than the Company or an Affiliated Party.
2. Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Use Agreement (the “Agreement”) with respect to the Company Website (the “Site”). This Agreements constitutes the entire and only agreement between the Company and the user of the Site (the “User’), and supersedes all prior contemporaneous agreements, representation, warranties and understandings with respect to the Site, the content, goods and services provided by or through the Site, and the subject-matter of this Agreement. Users agree to review this Agreement prior to reviewing any information or obtaining any documents. The Company may amend this Agreement from time to time, without specific advance notice to you. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the site.
3. Privacy and the Use of Information
(a) Scope and Application:
The Company’s Privacy Policy (the “Privacy Policy”) applies to Personal Information about Persons who interact with Company that is collected, used or disclosed by the Company.
Persons in this context includes Individuals who are viewers, readers, subscribers, advertisers, contest participants, job applicants, Internet users who are exposed to the media content of the Company and about whom Company collects Personal Information.
The Company privacy policy applies to the management of Personal Information in any form whether oral, electronic or written. The Company reserves the right to amend this Privacy Policy from time to time.
The application of the Privacy Policy is subject to the requirements or provisions of any applicable legislation, regulations or agreements (such as collective agreements), or the order of any court or other lawful authority.
(b) Exclusions from privacy protection:
The Privacy Policy does not impose any limits on the Collection, use or Disclosure of the following information by the Company: a) information that is 2
publicly available, such as a Person's name, address, telephone number and electronic address, when listed in a directory or made available through directory assistance; b) business-contact information, such as the name, title or business address or telephone number of an employee of an organization; c) information collected, used or disclosed in the course of journalistic, literary or artistic activities; or d) aggregate information that cannot be associated with a specific person, such as demographic statistics about the Company’s customers, or number of visitors and average time spent on a website.
(c) Purposes for Collection of Personal Information:
The Company has collected and collects Personal Information for the following purposes: a) to establish and maintain responsible commercial relations with Individuals and to provide ongoing service; b) to understand Individual needs; c) to develop, enhance, market or provide products and services; d) to manage and develop its business and operations, including personnel and employment matters; and e) to meet legal or regulatory requirements, including to protect or defend a legal interest, and in connection with an actual or possible corporate re-organization, merger or amalgamation with another entity, or an actual or possible sale of all or a substantial portion of the assets of the Company, provided that the Personal Information disclosed continues to be used by the entity acquiring the information either for evaluation of the possible transaction, or, on completion of any such transaction, for the purposes permitted by this Privacy Policy.
As examples of the above:
i. The Company may from time to time use a Person's Personal Information to contact the Person about changes, enhancements or similar notices related to the Company’s products and services;
ii. if a Person indicated that he/she was interested in receiving offers or information from the Company, the Company may send the Person materials about products and services that Company feels may be of interest to the Person; and
iii. if a Person enters a contest or other promotion offered on the Company website, the Company may, under the rules of the promotion, use the Person's name and certain other information to administer the promotion, such as contacting, announcing and promoting the winners of the promotion.
(d) Disclosure of Information:
The Company will not disclose Personal Information any third parties other than to an Affiliated Party: i) in accordance with the terms of this Privacy Policy, or ii) 3
to comply with legal requirements such as a law, regulation, warrant, subpoena or court order, and/or iii) if you are reporting an adverse event, in which case the Company may be required to disclose such information to bodies such as, but not limited to, Canadian and/or international regulatory authorities.
(e) Transfer of Information to Affiliated Parties:
At times, the Company may use Affiliated Parties to perform services for the Company involving some or all of a Person's Personal Information. This may require transfer of information to those Affiliated Parties. This information is subject to the laws of the Third Parties' jurisdiction, including laws with respect to Disclosure of such information.
(f) Obtaining Consent:
The Company will make a reasonable effort to make sure Persons understand how their Personal Information will be used by the Company. Company will obtain consent from Persons before or when it collects or uses the Personal Information. The Company will not attempt to deceive Persons into giving consent.
Note: If any Person at any time has any questions or concerns about the Privacy Policy, the Person can write to:
BLACK CREEK DEVELOPMENTS INC.
100, 33 Beju Industrial Drive
Sylvan lake, AB T4S 0B6
(g) Refusing or withdrawing Consent:
Subject to legal and contractual requirements, a Person can refuse to Consent to the Company’s Collection, use or Disclosure of Personal Information about the Person, or a Person may withdraw the Person's Consent to the Company’s further Collection, use or Disclosure of Personal Information at any time in the future by giving the Company reasonable notice, unless: i) the Consent relates to certain information required for credit approval which a Person applies for or accepts, ii) the Consent is otherwise required by law or iii) the use or Disclosure is permitted by law or is related to the legal or regulatory requirements described herein. If a Person refuses or withdraws the Person's Consent, the Company may not be able to provide the Person or continue to provide the Person with some products, services or information which may be of value to the Person.
If a Person wishes to refuse or withdraw their consent to the Company’s further collection, use or Disclosure of Personal information they may contact:
BLACK CREEK DEVELOPMENTS INC.
100, 33 Beju Industrial Drive
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Sylvan lake, AB T4S 0B6
Access and Correction
A Person may request that the Company provide them access to their Personal Information or provide the information about the use or disclosure of their Personal Information. Note: that the Company may refuse to provide access to a Persons personal information if: i) the information is protected by legal privilege; ii) the disclosure would reveal confidential information that is of a commercial nature and is not unreasonable to withhold that information, iii) the information was collected for an investigation or legal proceeding; iv) the disclosure of the information might result in that type of information no longer being provided to the organization when it is reasonable that that type of information would be provided; v) the information was collected by a mediator or arbitrator or was created in the conduct of a mediation or arbitration for which the mediator or arbitrator was appointed to act; vi) if the information related to or may be used in the exercise of prosecutorial discretion.
The Company shall not provide access to a Persons Personal Information if: i)the disclosure of that information could reasonably be expected to threaten the life or security of another individual; ii) the information would reveal personal information about another individual; and/or iii) the information would reveal the identity of an individual who has in confidence provided an opinion about another individual and the individual providing the opinion does not consent to the disclosure of his or her identity.
If a Person wishes to access or correct their Personal Information they may contact:
BLACK CREEK DEVELOPMENTS INC.
100, 33 Beju Industrial Drive
Sylvan lake, AB T4S 0B6
(h) Internet Aspects:
Personal Information may be collected when a user conducts activities on or related to the Company’s websites.
4. Other Websites
This Site may contain links to other web sites. The Company provides these links as a services and does not necessarily endorse or support the information, products or devises described on these sites. These links to third party websites are provided as a convenience and are for informational purposes only. The Company does not endorse, and is not responsible for, these linked websites. Note that the Privacy Policy applies 5
only to the Site and not to web sites of other companies or organizations to which the Site may be linked.
5. Cookies
The Company, in common with many web site operators, may use standard technology called "cookies" on its Sites. Cookies are small data files that are downloaded onto your computer when you visit a particular web site. You can disable cookies by turning them off in your browser; however, some areas of the Sites may not function properly if you do so. Facebook Pixel may also be used.
6. Miscellaneous
This Agreement shall be treated as though it were executed and performed in Alberta, and shall be governed by and construed in accordance with the laws of Alberta (without regard to conflict of law principles). Any cause of action of the User with respect to the Site (and/or the information forms, and agreements thereon) must be instituted within two years after the cause of action arose or be forever waived and barred.
The language in this agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Red Deer Alberta. The User expressly submits to the exclusive jurisdiction of said courts and consents to extra-territorial service of process.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed constant with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Failure of the Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
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