Privacy Policy

1. Acceptance and Modification

 

This Privacy Policy and Personal Information Protection (the “Privacy Policy”) contains the terms related to the confidentiality and protection of your personal information or data that apply when you visit or browse the website operated by MASSIVart, including how your personal information or data is used, processed, and transmitted. The Privacy Policy is an integral part of the Terms of Use set forth and posted on this website.

By choosing to access and use this website, you accept the Privacy Policy and MASSIVart’s practices regarding the processing and protection measures for your personal information or data, and you agree to comply with them. Therefore, please read this Privacy Policy carefully to understand your rights and obligations, ensuring that you refer to the most up-to-date version, as you also acknowledge and agree that MASSIVart reserves the right, at any time, to modify, change, or update this Privacy Policy without notice. By choosing to access and use the MASSIVart website, you specifically accept the collection and use of your personal information or data by MASSIVart in accordance with this Privacy Policy, with the understanding that MASSIVart complies with the applicable legislation on personal information protection, particularly the Personal Information Protection Act in the private sector.
If you do not accept this Privacy Policy or any statement or provision it may contain, or, as the case may be, the Privacy Policy as modified from time to time, MASSIVart does not authorize you to access and use this website, and you must therefore stop accessing and using the site from which you originated.

 

2. Collection and Use of Your Personal Information

 

There are essentially two types of data that we may collect when you use our website: anonymous data that is automatically collected by third-party tools and personal data that you explicitly send to us by submitting a form that you have filled out on our website or by creating a user account. These two types of data are in no way linked.

 

Personal Information You Provide Voluntarily

 

Subject to this Privacy Policy, MASSIVart does not collect any personal information about you unless you decide, at your own discretion, to provide it voluntarily. You are free to access and use this website, subject to the Terms of Use, without any personal information being collected.

However, in certain circumstances, mainly when you create a request for a quote and/or create a user account, you must disclose certain information or data, which may include, depending on the case, your contact details, your email and postal addresses, your phone numbers, or other personal information or data, and even, in some cases, your comments, suggestions, opinions, and preferences. This information is collected for specific purposes, and its collection depends on how you choose to interact with the client that MASSIVart represents. MASSIVart processes and stores personal information confidentially, in accordance with applicable laws, and only uses personal information as provided for by them. You
can access the personal information you have provided to MASSIVart, request that it be updated, and request that certain information or data that MASSIVart has collected be modified or deleted, by sending an email to info@massivart.com.

MASSIVart applies adequate and appropriate security measures to ensure the protection of personal information. When MASSIVart deems it necessary or appropriate, it uses encryption and authentication tools or programs, or any other encryption method, to protect certain personal information obtained through the web that MASSIVart stores or intends to store on its servers, computer management systems, or databases. You acknowledge and accept that the emails you send to MASSIVart and/or MASSIVart’s client are not necessarily under its control and are not necessarily protected until they arrive at their destination on MASSIVart’s servers.

Personal information collected by MASSIVart is not disclosed to anyone, other than its employees, representatives, or individuals necessary for the purposes for which the personal information was collected, and only to the extent that they need it to perform a function related to fulfilling the objectives outlined in the Privacy Policy. You agree and acknowledge that MASSIVart and the represented client of the site from which you came are also authorized to use, disclose, or communicate your personal information to the extent provided or required by law, including court orders or in the execution of a contract entrusted to a supplier. In this latter case, confidentiality clauses ensure the adequate protection of personal information.

MASSIVart retains personal information or data according to the established retention rules in force at MASSIVart. Please note that the period during which MASSIVart retains your personal information or data depends on a number of factors, including the purposes for which MASSIVart or its clients use this information or data as well as its legal obligations.

 

Automatically Exchanged and Collected Information


Even if you can access and browse this website without disclosing your identity to MASSIVart or revealing any information about yourself, an exchange of information nevertheless takes place automatically between your computer, smartphone, tablet, or any other device you use to access or from which you can access MASSIVart’s website when you access this website. This exchange of information does not allow MASSIVart to identify you. However, this exchange allows MASSIVart to obtain, among other things, the Internet domain name you used to access the website, your IP address (IP stands for “Internet Protocol,” a unique number assigned to your computer or other device when it is connected to the Internet and which allows documents to be delivered accurately to their recipient), the type of browser and operating system you use to access the website, the date and time you accessed the website, the pages you visited, and, if you reached the website from another site, the name and address (URL) of that website as well as the query (if any) you entered into a search engine that led you to the site; and any other information about your browsing path. MASSIVart will keep this information or data in its files. The following information may also be communicated to MASSIVart if your browser is not configured to block it: all actions you take while visiting this website that are recorded, including each page visited, the time spent on each page, the information sent or received, and the names of files uploaded or downloaded. MASSIVart may compile this tracking information and make it available to third parties, primarily to establish the demographic characteristics of its clientele or the users of its website.

It is through cookies that the operating system of the MASSIVart website can automatically collect this information regarding your visit to its website. Cookies are small pieces of information stored by your web browser in the memory of your computer or any other device you use that allow MASSIVart to recognize you when you access its website. When
you browse the Internet, a cookie is used for these purposes. If you do not want information about your visit to be collected by MASSIVart, you can choose to configure your browser to notify you when cookies are received or to prevent such cookies from being sent.

This information also allows MASSIVart to verify the performance of its website, for system administration purposes, to make the website easier and more user-friendly to use, and to report certain information, processed in aggregate form, to MASSIVart, its employees, or representatives for whom the transmission of this information is necessary for the performance of their duties.

To collect and analyze some of this information, MASSIVart uses certain tools on its website, such as the Google Analytics tool, or Google Ads and Google Ad Grants tools. These tools also use cookies to analyze your activities on the MASSIVart website. For details on how the collected information or data is used by Google, MASSIVart invites you to consult Google’s Privacy Policy and Terms of Use. If you want to disable the sending of your activity data to Google Analytics, you can do so by installing the browser add-on designed for this purpose: https://tools.google.com/dlpage/gaoptout?hl=en

 

3. General Provisions

Entire Agreement

The Privacy Policy is an integral part of the Terms of Use as well as the contract between you and MASSIVart regarding the processing and use by MASSIVart of your personal information or data and replaces any prior agreement or arrangement (in any form, electronic, verbal, or written) on the same subject.

Interpretation

 

In the event of any discrepancy between the different language versions of this website or this Privacy Policy, the French version shall prevail. The titles of the articles setting out the provisions of the Privacy Policy are inserted only for ease of reading and cannot be used to interpret them.

 

 

Governing Law and Jurisdiction

This Privacy Policy is governed by the laws of the province of Quebec, the laws of Canada, and any applicable legislation in this province concerning personal information protection, without regard to principles of conflict of laws. By accepting the Privacy Policy and the Terms of Use of this website, you agree to be bound by the laws referenced above and to comply with them. Additionally, if you use this website, or if you access it from another jurisdiction, you are responsible for ensuring that your access and use are legally permitted in that jurisdiction, and you agree to comply with local laws to the extent that they apply to you.

In the event of any dispute or disagreement that may arise from the application or interpretation of the Privacy Policy, the Terms of Use of this website, the contract to which you have agreed to be bound by using this website, or the use of this website in any way, you agree to the exclusive jurisdiction of the courts of the province of Quebec (Canada) and the Federal Court of Canada, which will have sole jurisdiction to resolve the matter. Furthermore, you agree not to bring any action or proceeding other than in Montreal, Quebec (Canada) regarding such a dispute or disagreement.

In the event of a discrepancy between any of the terms set forth in the Privacy Policy and a specific term set forth on a page of this website regarding specific personal information, the specific term shall prevail.

General Data Protection Regulation

The General Data Protection Regulation (“GDPR”) is a regulation of the European Union aimed at harmonizing and strengthening the protection of data of residents therein. As part of its activities, MASSIVart may process personal data (“personal data”) covered by the application of the GDPR. MASSIVart intends to comply with the requirements of the GDPR and, to this end, sets out the following as an integral part of its Privacy Policy. Personal data refers to any information relating to an identified or identifiable natural person.

Personal data refers to any information relating to an identified or identifiable natural person.

a) Data Controller

MASSIVart is the entity responsible for processing personal data for the purposes of the GDPR. Email: info@massivart.com

b) Purposes of Processing

MASSIVart commits to collecting personal data only for specific, explicit, and legitimate purposes, and to processing it subsequently in a manner consistent with these purposes. For the processing of personal data, MASSIVart always relies either on the explicit consent of the data subject, compliance with a legal obligation, performance of a contract to which the data subject is party, or the realization of legitimate interests.

 

MASSIVart employees or authorized representatives, as well as individuals with whom MASSIVart interacts and who are necessary for achieving the purposes for which the personal data was collected, are the recipients of the personal data. MASSIVart may use subcontractors for the processing of personal data, in whole or in part, to the extent necessary to achieve the purposes for which it was collected and in accordance with prior instructions provided.

MASSIVart processes and retains personal data in a secure environment for the duration necessary to achieve the purposes for which it was collected.

d) Rights of the Data Subject

Data subjects have certain rights regarding the processing of their personal data:

  • the right to request access to their personal data;
  • the right to request the rectification or updating of their personal data;
  • the right to request, for legitimate reasons, the deletion or restriction of their personal data;
  • the right to object to the processing of their personal data.

If you have any questions or comments about the Privacy Policy or MASSIVart’s practices regarding the protection of personal data, including how we use your personal data, or if you want to know how to exercise your rights concerning the processing of your personal data, including filing a complaint, you can contact or address your complaint to MASSIVart’s data protection officer who will respond to your request or complaint within 30 days, using the following email address: info@massivart.com

Terms of Use

Statement of Principle, Acceptance, and Modification

The terms set out below constitute the terms and conditions of use of the website created for MASSIVart (the “terms” or “terms of use”). By accessing this website, browsing it, or using it in any way, you accept these terms without restriction and are deemed to have read and understood them. By using this website, you acknowledge that these terms form a contract between you and MASSIVart, and you agree to be bound by them and to comply with all applicable laws and regulations. If you do not accept these terms or disagree with any of them, please do not use this website.

MASSIVart may, at any time and without notice, at its sole discretion, modify these terms of use as well as any other information contained on this website. MASSIVart may also, at any time and without notice, make improvements or changes to the products, services, or programs described on this website. By continuing to use this website following any modification or update that has been or may be made, you are deemed to have accepted the new terms as modified – including any new term or condition that may have been added – and you will be bound by them. Since this website was not designed with the aim of allowing access or use outside of Canada, it is your responsibility to ensure that your access to it, as well as to the information and data contained therein or through which they are accessible, complies with the laws and regulations of each territory where you are located to access it.

MASSIVart strongly advises you to read these terms of use carefully, as they include provisions regarding the limitation of liability that could limit or restrict your rights.

General Conditions

 

As general conditions of use for this website, you warrant the following to MASSIVart:

Your use of this website will be solely for legitimate purposes and in accordance with the terms of use set out herein and will be conducted within the framework of our Privacy and Data Protection Policy (available online on this website) and in compliance with it.

You will respect without any exception MASSIVart’s intellectual property rights.
The information you provide will be accurate, to the best of your knowledge, and you will assume responsibility for it to ensure the proper functioning of this website.

If MASSIVart is unable to process a request you make because it cannot confirm or verify the accuracy of the related information, you agree that it is not obligated to process it.

You will not create a link or hyperlink to this website (other than a “bookmark” or an addition to your “favorites” tab) without MASSIVart’s consent (subject to the provisions set out below under the “Links to this Site” section).

You will not use vulgar, insulting, discourteous, or blasphemous language in any circumstance, and you will not make defamatory, discriminatory, obscene, offensive, incendiary remarks, or remarks that could incite violence, hatred, or stigmatize anyone in any email, blog, or form created or accessible through this website.

You will not disrupt or attempt to disrupt the proper functioning of this website by any means or using any device, program, or software, including sending spam, hacking, or transmitting computer viruses, including worms and Trojan horses or similar devices.

 

Copyright and Other Intellectual Property Rights

 

This website contains proprietary notices and copyright information, the terms of which must be observed.

The material contained in this website, including text, images, illustrations, articles, photographs, software, audio and video clips, or any other document, as well as any software, tools, trademarks, service marks, and trade names used on this website, including the selection and arrangement of them, belongs to MASSIVart, or is provided by MASSIVart, which does not in any way warrant that this material does not infringe the rights of another natural or legal person even if this material is subject to intellectual property rights owned by MASSIVart. The material contained in this website is protected by the Copyright Act of Canada and by applicable international conventions and treaties. MASSIVart owns the copyright in all material contained in this website and, therefore, this material may not be copied, reproduced, published, downloaded, displayed, transmitted, distributed, or modified, in whole or in part, in any form, including as text or audio or video content, without the prior written consent of MASSIVart. Trademarks and service marks and logos displayed on this website are either registered or unregistered trademarks of MASSIVart or others, belong to their respective owner, and may not be used without the written permission of their owner. Nothing on this website should be construed as conferring any right to use the trademarks or material that are protected by copyright. Without limiting the generality of the foregoing, the domain name of the site you are visiting is the exclusive property of MASSIVart and no domain name squatting through hyperlinks, framing, or registration of related domain names is authorized and will be tolerated.

Notwithstanding the foregoing, MASSIVart grants you a non-exclusive, non-transferable, and limited permission to access the pages of this website, to display them, and to download them provided that you comply with the terms set out on this page of its website, and that you keep intact all copyright notices, trademarks, and other proprietary notices. You may use a scanning engine to browse this website only in accordance with the [robots.txt] protocol used by this website, and MASSIVart may, at its sole discretion, block any scanning engine. The authorized use under the terms and conditions you agreed to by accessing this website is non-commercial in nature (for example, you may not sell the content you access on this site, directly or indirectly). More specifically, you may not download and reproduce articles or documents available on this website, or any information that may be displayed on any of its pages, except under the following conditions: (i) The downloading and reproduction in the form of paper or electronic copy of such articles or documents must strictly serve personal, informational, and non-commercial purposes; (ii) it is prohibited
to reproduce graphic designs or photos available on this website without the accompanying text and written permission of MASSIVart; (iii) it is prohibited to modify, alter, or introduce, in any way, documents, texts, photos, or other information on this website; (iv) you must reproduce notices regarding copyrights, trademarks or service marks, or any other exclusive right, on any document reproduced in any way. Any other use of this website is prohibited.

Except for the limited permission granted to you as specified above, MASSIVart grants you no express or implied right or license under patents, trademarks, copyrights, or other intellectual property rights. You are not authorized to create a mirror image of the content, in whole or in part, of this website on another website or on any other media. Any software or any article or document that may be downloaded, accessed, or otherwise used from this website and that has its own terms will be governed by those terms, conditions, and notices. This limited right of use granted to you does not authorize the resale of the site, its content or bundles of lists, descriptions, or prices of products or services, nor any other derivative use of the site or its content, nor the downloading or reproduction of information for the benefit of another company or merchant, nor the use of data mining tools, robots or similar data collection and extraction tools. You are prohibited from using framing to incorporate a page of this website, trademarks, logos, or other exclusive information or information (including images, text, layout, or shape) owned by MASSIVart without obtaining its prior written consent and you are prohibited from using meta tags or other hidden text containing the name or trademarks of MASSIVart without obtaining its prior written consent.


Your failure to comply with the terms of use set forth on this website and to make unauthorized use thereof, including making unauthorized use of any material contained therein or attached thereto, will automatically result in the revocation of the right of use and any other rights granted to you, without notice, and you must immediately destroy all copies of articles or any other downloaded documents that are in your possession, under your custody or control.

 

 

Confidential Information

 

Unless in a secure and specifically provided framework, MASSIVart does not expect and does not wish to receive confidential or proprietary information through this website (or by email), insofar as, outside the specifically provided framework (i.e., through a secure website or web page), the confidentiality of information thus transmitted cannot be ensured before actually being received on MASSIVart’s servers. All information or any item or other document that you may send to it outside such a specific framework will be considered non-confidential. By sending MASSIVart information or items or other documents outside such a specific framework, you grant it the irrevocable and unlimited right to copy, reproduce, publish, upload upstream, display, transmit, broadcast, publicly display, perform, modify or freely use these items and other documents or this information, and to create derivative works. You further agree that MASSIVart is free in such cases to exploit the ideas, concepts, know-how, or techniques that you send it for any purpose whatsoever.

However, MASSIVart will not disclose either your name or the fact that you have transmitted articles or other documents or any other information to it, unless:

  • you have authorized MASSIVart to use your name;
  • MASSIVart has informed you that the articles or other documents or information you have transmitted to a section of its site will be disseminated or otherwise used with your name; or
  • MASSIVart is required to do so by law.

Information that could identify an individual you submit to MASSIVart, whether for the purpose of receiving products or services or for any other reason, will be processed in accordance with the law and its privacy policy. MASSIVart respects the current and applicable legislation on personal information. By accessing and using this website in any way, you agree to MASSIVart’s practices regarding the processing and protection of personal information as set out in its Privacy Policy. (Please refer to the “Privacy Policy” tab for information on MASSIVart’s privacy and data protection policies and practices.)

 

Business Relationships

This website may provide links or references to websites or resources that are not owned or controlled by MASSIVart. MASSIVart makes no representations, warranties, or commitments regarding any website not owned or controlled by MASSIVart or any third-party resources referenced on or accessible through MASSIVart’s website, whether accessed from or linked to MASSIVart’s website. Additionally, MASSIVart is not a party to any transaction and is not responsible for any transaction you may enter into with third parties, even if you discover the existence of such third parties (or use a link to such third parties) from MASSIVart’s website. When you access a website not owned or controlled by MASSIVart, whether or not it displays the MASSIVart logo, you should understand that it is independent of MASSIVart and that MASSIVart has no control over its content. You are responsible for taking precautions to protect yourself against viruses, worms, trojan horses, or other programs of a destructive nature, and for protecting your information in the most appropriate manner.

Links to This Site

MASSIVart only permits links to the website if the link and the pages that are activated by the link: a) do not create frames around pages of this website or use any other technique that alters the visual presentation or appearance of any content within the site; b) do not inaccurately represent your relationship with MASSIVart; c) do not imply that MASSIVart endorses or recommends your business, website, services, or products, or your opinions, whatsoever; d) do not give false or misleading impressions about MASSIVart, or otherwise damage the goodwill associated with MASSIVart’s name or trademarks. As an additional condition for permitting you to link to this website, you agree that MASSIVart may, at any time, at its sole discretion, terminate the permission to link to this website. In such event, you agree to immediately remove all links to this website and cease any related use of MASSIVart’s trademarks.

Disclaimer

This website may contain inaccuracies, omissions, or errors, and MASSIVart does not warrant the accuracy of the information published on it. Therefore, you must ensure that you use the most up-to-date pages of this website, and you must ensure the accuracy and completeness of all information before relying on it to make a decision about services, products, or any other subject described on this website.

When you use this website, you do so at your own risk. All articles, documents, information, products, software, or downloadable programs and services are provided “as is,” without warranties of any kind. MASSIVart expressly disclaims, to the fullest extent permitted by law, any warranties or representations, express, implied, statutory, or otherwise, including but not limited to warranties of merchantability and fitness for a particular purpose, non-infringement of proprietary and intellectual property rights, accuracy of the information contained in this website, and any security failure related to the transmission of information or sensitive data through this website. Without limiting the foregoing, MASSIVart does not warrant that this website will operate uninterrupted, or that it will be current, reliable, or error-free. You understand and agree that if you download or otherwise obtain articles, documents, information, products, software, or downloadable programs or services, you do so at your own discretion and risk, and you will be solely responsible for any resulting damages, including loss of data or damage to your computer system.

Please note that to the extent certain federal and provincial laws do not permit certain exclusions, this exclusion may not apply to you. This statement remains in effect notwithstanding the termination or expiration of this agreement.

Limitation of Liability

To the maximum extent permitted by law, MASSIVart shall not be liable to anyone for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages of any kind whatsoever, in connection with or arising out of its website or its use, or any website or resource accessible through a link contained in this website, referenced or accessible through this website, or the use or downloading of articles, documents, information, products, or services, or access to them, including but not limited to any interruption of business, loss of profits, loss of anticipated savings, loss of business opportunities, loss of customers, loss of enjoyment of the website and the tools or programs related thereto, including routers and data stored in connection with its use, or any other loss, including data or programs, even if MASSIVart, or any of its agents, representatives, employees, officers, or directors, has been expressly advised of the possibility of such damages, claims, or losses. This exclusion and limitation of liability applies to all forms of claims, whether based on contract, tort, warranty, or other legal theory.

Please note that to the extent certain federal and provincial laws do not permit certain warranties to be excluded or certain damages to be excluded or limited, and such laws apply to you and you benefit from them, these limitations, restrictions, disclaimers, or exclusions of liability may not apply to you. This statement remains in effect notwithstanding the termination or expiration of this agreement.

 

Forward-Looking Statements and Caution

Some statements made on this website may constitute forward-looking statements that may not materialize as expected. These statements may involve a number of risks, uncertainties, and other factors that may affect or have a significant influence on actual results. MASSIVart assumes no responsibility for any divergence that may occur between actual results and these forward-looking statements.

 

Severability

In the event that any term of use is declared or deemed unenforceable, void, or invalid by a competent judicial or administrative authority in any way, all other terms shall remain in full force, valid, and binding, provided that such unenforceable, void, or invalid term does not have a material effect on the parties’ rights under these terms.

 

Entire Agreement

The terms of use of the MASSIVart website, together with all other terms, conditions, and agreements incorporated by reference or mentioned therein, constitute the entire agreement between you and MASSIVart regarding the use of this website and its contents, and supersede all prior agreements or understandings (electronic, verbal, or written) relating to the same subject matter.

Termination

MASSIVart reserves the right, at its sole discretion, to terminate this agreement, revoke your limited right to use this website, and prohibit your access to it, whether in whole or in part, with or without notice.

Interpretation

In the event of any discrepancy between the different language versions of this website, the French version shall prevail.

The headings of the articles setting forth these terms of use are inserted solely for ease of reference and shall not be used to interpret them.

Some articles, documents, information, products, software, and services offered through this website may be subject to additional or different terms, conditions, and notices. In the event of any inconsistency, these additional or different terms, conditions, and notices shall prevail over these terms of use.

Applicable Law and Jurisdiction

This website is controlled and operated by MASSIVart from Montreal (Quebec), Canada, and these terms of use, this website, and their use, are governed by the laws of the province of Quebec and the laws of Canada applicable therein, without regard to conflict of laws principles. In the event of any dispute or disagreement arising from the application or interpretation of the terms of use of this website, the agreement to which you agreed to be bound by using this website, or the use of this website in any way, you agree to the exclusive jurisdiction of the courts of the province of Quebec (Canada) and the Federal Court of Canada, which shall have sole jurisdiction over them.

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