Last update : August 7, 2023
The following terms and conditions of use govern and apply to your use of or reliance on the Yack Security Inc. website (the "Website").
By accessing or browsing the Website, you represent that you have read and understood the Terms and Conditions of Use and that you are bound by them.
1. INTELLECTUAL PROPERTY
All intellectual property on the Website is owned or licensed by us and includes any material protected by copyright, trademark, patent or other intellectual property rights.
As such, the trade names, trademarks and logos used or displayed on our website are trade names or trademarks, registered or unregistered, owned by us or by third parties. Nothing on our Website should be construed as permitting, directly or indirectly, the use of such trade names, trademarks or logos without the prior written consent of the respective copyright owners.
All content on the website including, but not limited to, text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features and other content is protected by copyright and intellectual property laws and is owned by or licensed to us.
2. USE OF COMPANY CONTENT
We may provide you with certain information as a result of your use of the website, including, but not limited to, materials, data or information or any other items that may assist you in using the website or services ("Company Content"). The Company Content may not be used for any purpose other than to use the site and the services offered on the site. You may not copy, reproduce, modify, publish, broadcast, distribute, sell, create new works from, download, sublicense or otherwise exploit for public or commercial purposes the Company Content without our prior written consent.
3. DESCRIPTION OF PRODUCTS AND SERVICES
We are committed to being as accurate as possible with respect to any information appearing on this site about our products and services, including their description, pricing or availability. However, we do not guarantee the accuracy or reliability of any information relating to a product or service. We reserve the right to refuse any request for service where incorrect information appears on the site.
4. USE OF THE WEBSITE
You agree not to use the Website for any unlawful purpose or any other purpose prohibited under these Terms and Conditions. You agree not to use the website in any way that may harm the website and our products, services or business.
In particular, but without limitation, you agree not to use the website to:
a) harass, abuse, or threaten others or otherwise violate the rights of any person;
b) infringe our intellectual property or that of any other third party;
c) upload or transmit computer viruses or any other software that may damage our property or the property of any third party;
d) commit fraud;
e) create or participate in any illegal gambling, lottery or pyramid scheme;
f) publish or distribute obscene or defamatory material;
g) publish or distribute any material that incites violence, hatred, or discrimination against any group;
h) reverse engineer or disassemble any code or software on this website;
i) violate or attempt to violate the security of the website by any unauthorized access, circumvention of encryption or any other security tool, data mining or interference with any host, user or network;
j) unlawfully collect information about others; or
k) generally in a manner that may give rise to our civil liability or otherwise violate any applicable law.
We do not collect your personal information unless you voluntarily provide it to us. When you provide us with personal information, you agree to the manner in which we collect, use, disclose and manage such information as described herein.
However, we may need to collect your personal information in the following situations, if applicable:
You complete an information request;
You create an account on our website;
You enter one of our contests or promotions, or complete a survey;
You request to be placed on our mailing list or to receive other communications; or
You communicate with us by telephone, e-mail or otherwise.
By voluntarily providing us with your personal information, you consent to our use and disclosure of that information as set out in this policy.
We collect the above information to properly complete your file, to respond to your requests and to offer you our products and services.
We may also use your personal information, depending on the choice you have made, such as when you subscribe to our mailing list to receive promotional communications, to keep you informed of our new products and services or to send you advertising material or additional information about our products, services, surveys, etc. for marketing and solicitation purposes. However, you are free to choose not to receive advertising or marketing materials at any time.
In addition, the information you provide may be used by us (i) for targeting and marketing purposes, (ii) for statistical analysis, including market and industry trends, and (iii) for the development and continuous improvement of our products and services.
We may, however, share your information with service providers who are retained to perform services on our behalf, such as hosting and maintaining our website, sending email or other communications on our behalf, conducting promotions, or analyzing the effectiveness of our advertising strategy. Please be aware that their use of the information we share with them is subject to legal restrictions and that they are authorized to use or disclose your information only for the purpose of performing their functions.
We may disclose your information in connection with a material corporate transaction. Please be aware that any use of the information we disclose in this regard is subject to legal and contractual restrictions for the purposes of the proposed transaction.
Your personal information will not be used or disclosed for purposes other than those for which it was collected and in accordance with these Terms and Conditions, except with your consent or as required or permitted by law. Other than as permitted herein, we will not disclose, sell or otherwise transfer to or exchange with third parties any information you provide to us, except in a de-identified manner, i.e., one that does not identify the individuals or entities involved.
We will retain your personal information only for as long as we reasonably need it for the purposes for which it was collected or processed, in accordance with these Terms and Conditions or to comply with the requirements of applicable law.
We strive to maintain reasonable physical, technical and administrative safeguards to protect personal information from loss, theft, unauthorized access, disclosure, copying, use or modification. For example, we manage our server and firewall infrastructure to ensure that you can browse safely. To access the secure areas of our website, where applicable, a username and password will be required. We constantly review our practices and policies, audit our data network, test the effectiveness of our website's security, and make any necessary updates to ensure that your privacy is never compromised.
Communications via the Internet are subject to interception, loss or alteration. Accordingly, you acknowledge that information or material which you provide electronically through your access to or usage of this website is not confidential or proprietary, except as may be required under applicable law, and that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss.
Although we take security measures as required by law, no security device is foolproof. Therefore, to the extent permitted by law, we cannot guarantee that personal information will not be lost, misused or altered, and we assume no responsibility for the personal information you transmit, nor for its use or misuse by you or others. You should always exercise care in handling and disclosing your Personal Information, including avoiding transmitting it via unsecured e-mail.
If you wish to exercise your rights of access or rectification of your personal information, you may contact the Privacy Officer at [email protected].
We will contact you within 30 days of receiving your request.
6. LINKS AND THIRD PARTY CONTENT
We may post hyperlinks to third party websites or services that are not owned, operated or controlled by us. We are not responsible for any damages or losses associated with the use of any third party services hyperlinked to our website.
All such hyperlinks are provided solely for your convenience and information. If you use these hyperlinks, you will leave our website. We are not responsible for any content, materials or other information that may be accessed from any other website. As such, the opinions and content expressed on our website are our own and do not necessarily reflect the views of any third party. Similarly, the opinions and content expressed on a third party website do not necessarily reflect our views.
You agree, to the extent permitted by law, to defend, indemnify and hold harmless Yack Security Inc. and any of its affiliates, including their respective directors, officers, shareholders, employees, agents and suppliers, and their respective successors and assigns, from and against any claim, suit or demand, including legal fees, arising out of or relating to your use or misuse of the Website, your breach of this Agreement, your conduct or your actions.
8. SERVICE INTERRUPTIONS
We may need to interrupt your access to the website in order to perform maintenance work. You agree that your access to the website may be affected by unplanned or unanticipated downtime for any reason and that we will not be liable for any damages or losses arising from such downtime.
9. NO WARRANTY AND NO LIABILITY
We make no representations or warranties, express or implied, and assume no responsibility for the truthfulness, accuracy, or any errors or omissions in the information contained in the website or the Company Content. As such, we accept no responsibility for any loss, damage or other liability arising from the use of the website or the Company Content by the recipient, user or any other third party.
While we use reasonable efforts to ensure that the content of the website and the Company Content is accurate, we cannot guarantee that such content is error-free, up-to-date or complete. In no event shall we be liable for any damages that may result from any errors on the website or in the Company Content.
We assume no responsibility for any damages arising from the misuse of the website content or the Company Content. Nor can we guarantee that the website will be available without interruption or without error or omission and that defects will be corrected. Nor can we guarantee that the website and the servers that make it available are free of viruses or harmful components. The website and its contents and the Company's Content are provided on an "as is" and "as available" basis without representations, warranties or conditions of any kind, either express or implied.
You acknowledge that we may, in our sole and absolute discretion, and without prior notice to you, suspend, cancel or terminate your use of or access to the website or any of its services, and remove or delete any information or content related to the website or any of the services offered (and terminate your use of the website or any of the services offered), for any reason, including if we believe that you have violated these Terms. You further agree that we shall not be liable to you or anyone else as a result of any such suspension, cancellation or termination.
If you are dissatisfied with the website, any of its services, or any of these terms, conditions, rules, policies, guidelines or practices relating to the operation of the website or any of its services, your sole remedy is to discontinue using the website or service in question.
YOU UNDERSTAND THAT YOUR USE OF OUR WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, INCLUDING LOST PROFITS OR LOST REVENUES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS OR USE OF THIS WEBSITE.
10. INDEPENDENCE OF CLAUSES
If any provision of this Agreement is determined to be unlawful, void or unenforceable, in whole or in part, the unenforceable portion shall not affect the validity and enforceability of any remaining provisions of this Agreement.
11. APPLICABLE LAW
These Terms and Conditions and your use of the Website shall be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein.
12. ADDITIONAL QUESTIONS AND INFORMATION
If you have any questions or require further information, please contact us at [email protected].