OVERVIEW
This website is operated by Coldbox Builders Inc. Throughout the site, the terms “we”, “us” and “our” refer to Coldbox Builders Inc. Coldbox Builders Inc offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
SECTION 2 - GENERAL CONDITIONYou agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
SECTION 4 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 5 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
In no case shall Coldbox Builders Inc, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 6 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Coldbox Builders Inc and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 7 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 8 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 9 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 10 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 5500 N Service Rd, Suite 900, Burlington, ON, L7L 6W6, Canada.
SECTION 11 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 12 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at communication@coldboxbuilders.com
Please read this Privacy Policy carefully to learn how we collect, use, share and otherwise process information relating to individuals (“Personal Data”), and to learn about your rights and choices regarding the processing of your Personal Data. References to “Coldbox”, “we”, or “us” is a reference to Coldbox Builders Inc.
WHEN DOES THIS PRIVACY POLICY APPLY?
This Privacy Policy applies when Coldbox is the controller of your Personal Data as described in this Privacy Policy. This Privacy Policy does not apply to the extent we process Personal Data in the role of a processor on behalf of our customers, including when we offer our customers’ various services through which our customers and/or their affiliates collect, use, share or process Personal Data via our services.
We are not responsible for the privacy or data security practices of our customers, which may differ from those set forth in this Privacy Policy. Also, please see “Your Rights Relating to Customer Data” below.
WHAT INFORMATION DO WE COLLECT DIRECTLY FROM YOU?
We collect information(including Personal Data) from you when you fill out a form on our site, including the “Contact” form, register to use our site, sign up for an event or webinar, or download certain content. In those cases, you may be asked to enter your contact information, which may include your name, title, e-mail address, username, password, phone number, address, organization name, and the number of employees. You may, however, visit our site anonymously. In addition, if you register for an event or webinar, it may be necessary for you to provide us with your billing information, such as billing name, address, credit card or bank account information. If you visit our offices, you may be required to register as a visitor and provide your name, title, email address, phone number, organization name, time and date of arrival and information about the party you are visiting.
WHAT DEVICE AND USE DATA DO WE PROCESS?
In addition, we gather certain information automatically as part of your use of our services. This information may include IP address (or proxy server), device and application identification numbers, location, browser type, Internet service provider and/or mobile carrier, the pages and files viewed, searches and other actions you take, usage data and error logs for your log in sessions so that our services can ‘talk’ to your device while you are logged in, operating system and system configuration information and date/time stamps associated with your usage.
This information is used to maintain the security of the services, provide necessary functionality, as well as to improve the performance of the services, assess and improve customer and user experience of the services, review compliance with applicable usage terms and conditions, to identify future opportunities for the development of the services, to assess capacity requirements, to identify customer opportunities and for the security of our company in general (in addition to the security of our products and services).
In addition, if you use and interact with our website and/or engage in email exchanges with us, we may automatically collect information about your device and your usage of our websites or emails through cookies and similar technologies.
WHAT DO WE USE YOUR INFORMATION FOR?
Any of the information (which includes Personal Data) we collect from you may be used in one of the following ways:
- To personalize your experience of the site and services: Your information helps us to better respond to your individual needs.
- To provide and improve our website and services: We continually strive to improve our website offerings based on the information and feedback we receive from you.
- To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
- To perform our agreement with you for the use of our website and services and to fulfill our obligations under applicable terms and conditions of use/service; where we have not entered into an agreement with you, we base the processing of your Personal Data on our legitimate interest to operate and administer our websites and to provide you with the necessary functionality required during your use of the websites and services and to provide you with the content you access and request.
- To review compliance with applicable terms of use: We may process your Personal Data to review compliance with the applicable terms and conditions in our customer’s agreement, to the extent that it is in our legitimate interest to ensure compliance with the relevant terms.
- To send information to the email address you provided for order processing and updates pertaining to your order.
- To fulfill your request and communicate with you, if you fill out the “Contact” form or if you contact us by other means, including via phone call, we will process your Personal Data to the extent necessary to perform these tasks.
- To send emails to you that may include company news, updates, or related information, to the extent you provided prior consent. Note: If at any time you would like to unsubscribe from receiving future emails, we include easy-to-understand unsubscribe instructions at the bottom of each email.
- To register office visitors: We need to process your Personal Data for security reasons, register visitors to our offices, and manage non-disclosure agreements that visitors may be required to sign, to the extent this is necessary for our legitimate interest in protecting our offices and confidential and proprietary information against unauthorized access.
- To comply with legal obligations: We may need to process your Personal Data to cooperate with government authorities, courts or regulators to ensure we comply with our legal obligations to the extent this requires processing or disclosure of Personal Data to protect our rights or is necessary for our legitimate interest in protecting against misuse of our site, protecting personal property or safety, pursuing remedies available to us and limiting our damages ,complying with judicial proceedings, court orders, or legal processes or to respond to lawful requests.
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DO WE DISCLOSE ANY INFORMATION TO OUTSIDE PARTIES?
We do not sell, trade, or other wise transfer to outside parties your Personal Data. This does not include trusted third parties who assist us in operating our website, so long as those parties agree to keep this information confidential. In addition, if we are involved in a merger, reorganization, dissolution or other fundamental corporate change, or sell a website or business unit, or if all or a portion of our business, assets or stock are acquired by a third party, we may need to share your Personal Data with such third party.
We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect our or others’ rights, property, or safety. We may also share anonymous usage data with our service providers for the purpose of helping us in such analysis and improvements. Additionally, we may share such anonymous usage data on an aggregate basis in the normal course of operating our business; for example, we may share information publicly to show trends in the general use of our services.
THIRD-PARTY LINKS
Occasionally, at our discretion, we may include or offer third-party products or services on our website or service. These third-party sites have separate and independent privacy policies, and we encourage you to review those policies, but we are not responsible for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
PHIPA ONLINE PRIVACY PROTECTION ACT COMPLIANCE
Because we value your privacy, we have taken the necessary precautions to be in compliance with the Personal Health Information Protection Act of Ontario (PHIPA). We, therefore, will not distribute your personal information to outside parties without your consent.
YOUR RIGHTS RELATING TO YOUR PERSONAL DATA
You have certain rights relating to your Personal Data, subject to local data protection laws. Depending on the applicable laws and if you are in the EU/EEA, these rights may include:
- To access your Personal Data held by us (right to access).
- To rectify inaccurate Personal Data and, taking into account the purpose of processing the Personal Data, ensure it is complete (right to rectification).
- To erase/delete your Personal Data, to the extent permitted by applicable data protection laws (right to erasure; right to be forgotten).
- To restrict our processing of your Personal Data, to the extent permitted by law(right to restriction of processing).
To transfer your Personal Data to another controller, to the extent possible (right to data portability).
To object to any processing of your Personal Data carried out based on our legitimate interests (right to object). Where we process your Personal Data for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection.
Not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects ("Automated Decision-Making"). Automated Decision-Making currently does not take place on our websites or in our services; and
To the extent we base the collection, processing and sharing of your Personal Data on your consent, to withdraw your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal.
HOW TO EXERCISE YOUR RIGHTS
To exercise your rights, please contact us by using the information in the “Contacting us” section, below. Please note that the rights enumerated in the “Your Rights Relating to Your Personal Data” section above are subject to local data protection laws, and, therefore, may not be applicable to you if you are not located in the EU/EEA. We try to respond to all legitimate requests within one month and will contact you if we need additional information from you to honor your request. Occasionally it may take us longer than a month, considering the complexity and number of requests we receive. If you are an employee of a Coldbox client, we recommend that you contact your company’s system administrator for assistance in correcting or updating your information. If you are a customer of Coldbox, please contact grace@coldboxbuilders.com to request the return or deletion of your Personal Data and other information associated with your account.
YOUR RIGHTS RELATING TO CUSTOMER DATA
As described above, we may also process Personal Data submitted by or for a customer to our services. If not stated otherwise in this Privacy Policy or in a separate agreement, we process such Personal Data in the role of a mere processor on behalf of a customer (and/or its affiliates) who is the responsible controller of the Personal Data concerned (see the “When does this Privacy Policy Apply? “section above). We are not responsible for and have no control over the privacy and data security practices of our customers, which may differ from those set for thin this Privacy Policy. If your data has been submitted to us by or on behalf of a Coldbox client, and you wish to exercise any rights you may have under applicable data protection laws, please inquire with the applicable customer directly. Because we may only access a customer’s data upon instruction from that client, if you wish to make your request directly to us, please provide us with the name of the Coldbox client who submitted your data to us. We will refer your request to that customer and will support them as needed in responding to your request within a reasonable timeframe.
CHANGES TO OUR PRIVACY POLICY
We will update this Privacy Policy from time to time as needed to be compliant with legal requirements and our internal procedures, as well as to reflect changes in technology. If we decide to change our privacy policy, we will post those changes on this page and the “Last Updated” date at the top of this Privacy Policy will be updated accordingly. We encourage you to periodically review this Privacy Policy to stay informed about our collection, processing and sharing of your Personal Data.