2. Identifying Purpose of Collection
We collect various personal information from you when you seek our products or services, make an online reservation, sing-up to our VIP newsletter membership or any inquiry through the Site. Information collected may include your:
Full Name, Company Name, Address(es), Telephone and Facsimile number(s), Email address(es), Gender, Interest(s)
We collect this information in order to permit us to:
- Verify your identity,
- Permit us to contact you to provide goods and services requested by you,
- Provide you with periodic updates regarding the Site and our products and services.
We may also use such information to build a profile of your interests as they relate to the Site or Business, so that we will be able to suggest or provide products or services of interest to you in the future.
We do not collect information which we do not reasonably require in order to fulfill these purposes.
Further, the Site automatically collects certain information every time you visit it:
A cookie is a small non-executable file that is stored on your hard drive for the purpose of identifying your computer. While it is possible to view and to acquire products and services from the site with your browser's security settings set to prevent cookies from being used, your online experience may be greatly reduced.
Business uses both session cookies and permanent cookies at Site only after you have created a user account on the platform. Session cookies are active only during the period you are logged on to the Site and are removed when you leave.
Permanent cookies remain on your hard drive until you remove them through your browser's Internet security settings. Permanent cookies are used to store login information and user preferences, and thus eliminate your having to make the same entries on each visit.
b) Conversion Beacons
Business also uses Conversion Beacons (short bits of HTML computer code) inserted in the source code of designated website pages. These beacons, used with industry standard browser cookie technology and standard html coding, allow us to track analytics to the Site and email flow between you and us. Email recipients who receive a Conversion Beacon enabled email message will receive a small unique cookie that is stored in their browser session, which is later used to connect the email recipient with the subsequent recipient activity on the Site.
3. Consent and CEMs
Express consent is obtained when you explicitly toggle the opt-in check-box to agree express permission for us to send you commercial electronic messages ("CEM"). Implied consent is obtained when you have purchased our goods or services and have provided your email address from a reservation, comment form, coupon or other method.
Under the compliance and enforcement of Canada's Anti-Spam Legislation, we can only send you CEMs for three years from the date you purchase our goods and services if your information was captured before July 1, 2014, and two years if your information was captured after July 1, 2014, thereafter you would require to provide us express consent to continue receiving our CEMs.
Email communications are sent from a software provided by GoDaddy Solutions. All email communications include the Business name, contact and a mechanism that allows the recipient to unsubscribe at no cost as per the requirements of Canada's Anti-Spam Legislation.
Please note that if you do not wish to receive emails from us, you may opt out automatically of such material by clicking on the unsubscribe link found in the email communication sent to you by our Business. You may also opt out of certain other uses of your data by contacting us.
4. Limiting Collection
Business will limit the collection of personal information to that which reasonably necessary to fulfill the purpose for which it was collected.
Research and survey data is reported back to Business as aggregated data with no reference to individual customers.
Customers who do not wish to be contacted for research or survey purposes should contact us.
5. Limiting Use, Disclosure and Retention
We will not use or disclose your personal information for purposes other than those for which it was collected without your consent or as permitted or required by law. However, we do use the services of third parties to complete certain electronic requests such as reservations, newsletter sign-ups along with any other 3rd party widgets, and your personal information may therefore be transmitted to such third parties for such purposes. If your personal data is to be transmitted to another party for processing or storage, we use contractual and other means to ensure that your personal information is protected in accordance with PIPEDA. Your personal information is retained only for as long as necessary to fulfill the purposes for which it was collected, unless the law requires longer retention.
In order to maintain the highest levels of accuracy regarding your personal information, to the extent possible we permit you to enter such information into our systems yourself. In some instances, however, we are required to enter such information, for instance upon speaking to you over the phone or some other type of communication (provided by you or otherwise).
While in our possession (or the possession of any entity engaged by us to house or store it) and regardless of the format in which it is held, your personal information is protected against theft, loss and/or unauthorized access, disclosure, copying, use or modification by security safeguards appropriate to the sensitivity of the information.
Some personal information entered by you into our systems may be encrypted as it travels over the Internet. Depending on your web browser you may see a secure web page indicator, for example a closed lock in the lower right hand corner of your browser. We may use the Secure Socket Layer (SSL) protocol to encrypt some personal information as it travels from your computer to our systems.
Business's privacy practices are as outlined within this policy. If you have any questions or comments, please contact us at email@example.com.
9. Individual Access
With certain limited exceptions as provided in the PIPEDA you have a right to access your personal information held by the Business. You may access your personal information by contacting us.
10. Challenging Compliance
If you have any concerns regarding Business's compliance with the 10 principles of the PIPEDA or Canada's Anti-Spam Legislation you may address those concerns to us. Complaints concerning Business's compliance with PIPEDA are taken seriously and all complaints are investigated.
11. Facebook, Instagram, Twitter, YouTube "Social Media" Disclaimer
Trio Restaurant & Cafe and its affiliates or related entities, and their successors and assigns, and their respective directors, officers and employees, are not liable for any errors or omissions on this Site, or for any loss or damages suffered as a result of anything appearing on this Site. Any information or views provided on this Site are current as of the date indicated, and are subject to change without notice. Any information provided on this Site is for information purposes only, and does not constitute any financial, legal, tax, investment or other advice. Where such statements are based on information provided by third parties, they are not guaranteed to be accurate or complete. Trio is not responsible for anything posted to this Site by third parties, and makes no representation as to the accuracy or completeness of information contained in such material.
You will not post any comments, photos, videos, links or other materials on this Site that may be inappropriate in nature. This means that any comments/materials you submit, including linked material, must not be inappropriate, abusive or otherwise offensive, and must not contain, depict or involve (without limitation) any of the following: profanity or otherwise offensive language; nudity or pornographic material; derogatory characterizations of any ethnic, racial, gender, professional, age or religious groups; content that endorses or condones any illegal, inappropriate or risky activity or behavior or any particular political agenda or message; any content that defames, misrepresents or contains disparaging remarks about other people, products or companies; content that endorses any form of hate or hate group; content that communicates message or images inconsistent with the positive images and/or goodwill to which Trio wishes to associate; or any other content that is or could be considered illegal, inappropriate, unsuitable or offensive, all as determined by Trio in its sole discretion.
You will not post or submit any third party materials unless you have first obtained consent from the owner of such materials. By posting and/or submitting material or links to this Site, you represent that you have the right to share the material in your submitted content, including (without limitation), intellectual property including, but not limited to trade-marks and copyrighted material. For example:
You must obtain consent from every person who helped you create your posted materials (e.g. photographers, videographers, etc…);
You must obtain consent from every identifiable person (and his/her parent/legal guardian if he/she is under the age of majority in their jurisdiction of residence) who appears in your posted materials (note: if you cannot obtain the appropriate consent for an identifiable individual appearing in your posted materials, then his/her face must be blurred out);
You cannot post, submit or otherwise use (in any materials you post) any music, logos, trade-marks or other copyrighted materials (e.g. photographs, pictures, texts, lyrics, etc…) unless you have first obtained consent from the owner of such materials. You (and your parent/legal guardian if you are under the age of majority in your jurisdiction of residence) hereby agree to release, and hold harmless Trio from and against any and all claims based on any materials you post and/or submit, including (without limitation) claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action.
You will not post or submit any personal information about yourself or third parties (e.g. addresses, phone numbers, or email addresses) or disclose any financial information pertaining to yourself or others on this Site. Any comments or opinions posted or otherwise expressed on the Site are those of their respective contributors only. Any materials that are deemed to contain advertisements, “spam” or junk mail content, or references to other websites will be removed by Trio at its sole discretion.
This Site and all content are provided “as is”. By accessing and using the Site you (and your parent/legal guardian if you are under the age of majority in your jurisdiction of residence) acknowledge and agree that use of the Site and the content is entirely at your own risk. Trio is not liable for any errors or omissions in the information provided on this Site, or for any loss or damages suffered as a result the information and materials appearing on this Site or relating to any other matter.
12. Ratings and Reviews Disclaimer
You agree that we have the right at any time to modify or discontinue all or any part of this Site for any reason, without notice, and that we will not be responsible or liable, directly or indirectly, to you for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
b. Disclaimer and Limitation of Liability
Trio is not liable for any errors or omissions on "Social Media", or for any loss or damage suffered as a result of anything appearing. Any information or views provided are current as of the date and time indicated, and are subject to change without notice.
Trio is not responsible for anything posted by third parties, including without limitation Site users, and makes no representation as to the accuracy or completeness of information contained in such material. The views expressed do not necessarily represent or reflect the views of Trio, who is not responsible for, and disclaims any liability in relation to, anything posted by users.
Trio does not make any representation or warranty that "Social Media": (i) will be compatible with your computer and software; (ii) will be available without interruption or error; (iii) will be free of any viruses, trojan horses, worms or other destructive, intrusive or disruptive components; (iv) the transmission of information to and from the Site will be secure; (v) will not infringe the rights of any person or entity; or (vi) will not cause any damage to your computer systems, software or files.
c. Code of Conduct
Trio "Social Media" permits you to upload, post or otherwise send content that you have created that reviews or rates the products & services available through your visit. You agree that you will not use the Site to upload, post, communicate or otherwise send any User Content that:
includes any comments, photos, videos, links or other materials that may be inappropriate in nature (as may be determined by Trio). This means that any comments/materials you submit, including linked material, must not be inappropriate, abusive or otherwise offensive, and must not contain, depict or involve (without limitation) any of the following, as determined by Trio: profanity or otherwise offensive language; nudity or pornographic material; derogatory characterizations of any ethnic, racial, gender, professional, age or religious groups; content that endorses or condones any illegal, inappropriate or risky activity or behavior or any particular political agenda or message; any content that defames, misrepresents or contains disparaging remarks about other people, products, services, or companies; content that endorses any form of hate or hate group; content that communicates messages or images inconsistent with the positive images and/or goodwill with which Trio wishes to associate; or any other content that is or could be considered illegal, inappropriate, unsuitable or offensive, all as determined by Trio includes any third party materials, including, without limitation, any content that infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims whatsoever, unless you have first obtained consent from the owner of such materials.
includes any personal information about yourself or third parties (e.g. addresses, phone numbers, or email addresses) or discloses any personal financial information pertaining to yourself or others. Includes any materials that are deemed to contain advertisements, “spam” or junk mail content, or references to other websites.
By providing User Content, you agree that:
Any User Content you submit is original to you and that you have obtained all necessary rights in and to the User Content and all of its components (if applicable) to post, upload, or otherwise submit it to or through the Site.
All User Content you submit represents you true and honest use of and experience with Trio, and its products.
Any User Content you submit does not violate any law.
You understand and agree that Trio cannot (and is not required to) guarantee the accuracy, reliability or completeness of any User Content.
d. Licenses Granted by Site Users
By providing User Content, you are giving Trio permission to use that User Content.
By providing User Content, you: (i) grant to Trio a world-wide, perpetual, permanent, transferable, sub-licensable (including through multiple layers), royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, display, distribute, translate and create compilations from (in any format or media), the User Content that you submit to the Site, with or without attribution, and for any purpose, including commercial purposes and as a testimonial; and (ii) waive all moral rights in all User Content that you submit to the Site in favor of Trio and those authorized by Trio to use such User Content.
For greater certainty, this means that, Trio has the right to use any and all ideas you submit (including ideas about products, services, publications or advertising campaigns), without any notice or obligation to you.
Without limiting the generality of the foregoing, you grant to each user of the "Social Media" a world-wide, perpetual, irrevocable, royalty-free, non-exclusive license to share (for non-commercial purposes) any and all User Content (in any format or media) that you submit to the Site via any share functionality that may be on the Site.
e. Intellectual Property Rights (Re: Site Content)
Trio grants each user of this Site a limited, non-exclusive and revocable license to make personal and non-commercial use of the Site and its Site Content. For greater certainty, this limited license only allows you to view, download or print materials from this Site for your own personal and non-commercial use (provided all original copyright, trade-mark and other notices are preserved in their original form). This limited license does not include any rights not specifically enumerated herein, and, for greater certainty, does not include permission to copy, redistribute, reproduce or republish, in any form, any content contained within this Site.
Certain logos, words, or phrases contained within the Site may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of Trio or other entities. All Trade-marks not owned by Trio are the property of their respective owners, and, where used by Trio are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on this Site may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistent with Trio’s, or any third party’s, ownership of the Trade-marks.
g. Internet Abuse and Electronic Transmissions
You may not engage in illegal, abusive, or irresponsible behavior, including:
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Trio) without express authorization of the owner of the system or network. Monitoring data or traffic on any network or system without the authorization of the owner of the system or network.
Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
Use of an internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning.
Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
Any conduct that is likely to result in retaliation against the Trio network. Use of Trio’s network in a way that unreasonably interferes with use of the network. The transmission of data over the internet may not be secure, and is subject to possible loss, interception or alteration. Trio does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or within the Site. In no event will the information you provide on or through the Site be deemed to be confidential, create any fiduciary obligations or liability to you on the part of Trio in the event that such information is released or accessed by third parties without your consent. You should take appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your computer system. You should ensure that you have a complete and current backup of the information contained on your computer system prior to installing any software.
Business reserves the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy we will notify you on our homepage and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
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