Privacy Policy

FEO – PRIVACY POLICY AND TERMS OF USE

 
PRIVACY POLICY

Festivals and Events Ontario (“FEO”) recognizes the importance of privacy and the sensitivity of personal information.  We are committed to protecting any personal information we hold.  This privacy policy (“Privacy Policy”) outlines how we manage your personal information and safeguard your privacy.

 Your Privacy Rights

All Canadian businesses engaged in commercial activities must comply with the Personal Information Protection and Electronic Documents Act (the “Act”).  The Act gives you rights concerning the privacy of your personal information. FEO is responsible for the personal information we collect and hold.  To ensure this accountability, we have developed this Privacy Policy, and trained our staff about our Privacy Policy and practices. 

 Why Does FEO Need Personal Information?

FEO collects personal information to:

  • establish relationships with members, clients, suppliers, and other entities;
  • market and promote its products and services;
  • respond to enquiries, questions, comments and testimonials submitted by members, clients and prospective members and clients through this website, social media or otherwise;
  • detect and protect FEO and other third parties against error, negligence, breach of contract, fraud, theft and other illegal activity, and to audit compliance with FEO policies and contractual obligations;
  • as permitted by, and to comply with, any legal or regulatory requirements or provisions; and
  • for any other purpose to which you consent.

 What personal information do we collect?

Personal information is any information that identifies you, or by which your identity could be inferred. 

 How do we collect your personal information?

We collect information only by lawful and fair means, and not in an unreasonably intrusive way.  Wherever possible we collect your personal information directly from you. Depending on the nature of our relationship, sometimes we may obtain information about you from other sources, for example from a government agency or registry.

 Consent/Canada’s Anti-Spam Law

Commercial electronic messages that are sent from or accessed in Canada, including emails and text messages (“CEMs”), are governed by Canada’s Anti-Spam Law and its relevant rules and regulations (“CASL”). CASL requires that any CEMs sent to Canadian recipients in connection with our Services comply with certain consent and informational requirements (generally speaking, CASL prohibits sending CEMs to Canadian recipients without the prior consent of the recipient).  Consent may either be implied (which is temporary) or express (which is permanent, unless and until withdrawn).  Examples of implied consent to receive CEMs include (i) your having purchased something from us within the past two years, such as a membership, (ii) your download of software included within our Services or (iii) your giving us your business card at a trade show.  You provide express consent when you affirmatively elect to receive CEMs in response to a clear solicitation to do so (for instance, filling out a form on one of our websites where the form clearly states that you will receive CEMs from Festivals & Events Ontario).  When applicable, Festivals & Events Ontario will ask for your express consent to receive CEMs, and will respect your decision.  Under any circumstances, however, you have the right to withdraw your consent — whether express or implied — by completing our Email Opt Out Form or by contacting us via the contact information provided below.

 Use of Your Information

We use your personal information to provide our products and services to you, to administer our member and client marketing databases and to include you in any direct marketing activities.  If you tell us that you no longer wish to receive information about our products or services, we will not send you any further material.

 Disclosure of your Personal Information

Under certain circumstances, FEO will disclose your personal information:

  • when you have consented to the disclosure;
  • when we are required or authorized by law to do so, for example if a court issues a warrant or subpoena;
  • if we engage a third party to provide administrative services to us (like an accountant or a computer file storage company) and the third party is bound by our Privacy Policy or a similar privacy policy; and
  • if the information is Publicly Available Personal Information, as that term is defined under the Act.

 Updating Your Information

Since we use your personal information to provide products and services to you, it is important that the information be accurate and up-to-date.  If during the course of our relationship, any of your information changes, please inform us so that we can make any necessary changes.

 How Is My Personal Information Stored and Protected?

FEO takes all reasonable precautions to ensure that your personal information is kept safe from loss, unauthorized access, modification or disclosure.  Among the steps taken to protect your information are:

  • premises security;
  • restricted access to personal information;
  • deploying and ensuring that service providers deploy technological safeguards like security software and firewalls to prevent hacking or unauthorized computer access; and
  • internal password and security policies.

 Where Personal Information is sent to a third party for processing we ensure, through our contracts with them, that all Personal Information is kept secure.

 
Where do We Store Your Personal Information?

Your Personal Information is stored in secured locations and on servers controlled by FEO or its service providers, located either at our offices or at the offices of our service providers.

 Access to Your Personal Information

You may ask for access to any personal information we hold about you. Summary information is available on request.  More detailed requests which require archive or other retrieval costs may be passed on to you by us.

 Correcting Errors

If FEO holds information about you and you can establish that it is not accurate, complete and up-to-date, FEO will take reasonable steps to correct it.

 Can I be denied access to my Personal Information?

Your rights to access your personal information are not absolute.  We may deny access when:

  • it is required or authorized by law;
  • to do so would reveal confidential commercial information, and the personal information cannot be severed from the record;
  • to do so could reasonably be expected to threaten the life or security of another individual,  and the personal information cannot be severed from the record; or
  • the information was generated in the course of a formal dispute resolution process.

 If we deny your request for access to, or refuse a request to correct information, we shall explain why.

 Can I request anonymity?

Whenever it is legal and practicable, we may offer the opportunity to deal with general inquiries without providing your name (for example, by accessing general information on our website). 

 Communicating with Us

You should be aware that, like most other methods of communication, e-mail and other forms of electronic communication are not totally secure mediums; you should be aware of this when contacting us to send personal or confidential information.

 Changes to this Privacy Policy

Since FEO regularly reviews all of its policies and procedures, we may change our Privacy Policy from time to time.  The most current version of our Privacy Policy is available on our website, www.festivalsandeventsontario.ca.

 Requests for Access

If you have any questions, or wish to access your personal information, please write to our Chief Privacy Compliance Officer:

Chief Privacy Compliance Officer

Festivals and Events Ontario

privacy@festivalsandeventsontario.ca

 or by regular mail:

 
Chief Privacy Compliance Officer,

Festivals and Events Ontario

625 King Street E., Suite 2A

Kitchener, ON N2G 4V4

 

If you are not satisfied with our response, the Privacy Commissioner of Canada can be reached at:

Privacy Commissioner of Canada

112 Kent Street,

Ottawa Ontario, K1A 1H3

1.800.282.1376

 
Web Site

Our website (www.festivalsandeventsontario.ca and others that we may operate from time to time, in this Privacy Policy the “Website”) contains links to other sites, which are not governed by this Privacy Policy.

 
On our Website, like most other commercial websites, we may monitor traffic patterns, site usage and related site information in order to optimize our web service.  We may provide aggregated information to third parties, but these statistics do not include any identifiable personal information.

 
TERMS OF USE

 ATTENTION: Your use of the Website is subject to the terms and conditions set forth under the Legal Notice below and FEO’s Privacy Policy above. By using the Website, you agree that you accept and will abide by these terms and conditions. If you do not accept these terms and conditions, do not use the Website. These Terms of Use and our Privacy Policy may change from time to time and it is your responsibility to check for such updates.

 Reserved Rights

The information provided on the Website (the “Content”) is protected by copyright © Festivals and Events Ontario 2015. All rights reserved.

 FEO may update or modify the Content at any time and without notice.

 General Information

The material provided on the Website is for general information purposes only. It is not intended to provide specific advice or opinions of any kind and may not be used for professional or commercial purposes. The hypertext links, search mechanisms, portals, documents and information on this website are provided for your convenience only. Your use of the materials on the Website or at any of the hypertext linked websites is at your own risk.

 No Warranty

While FEO has made reasonable efforts to ensure that the materials contained on this website are accurate, it does not warrant or guarantee: the accuracy, currency or completeness of the materials; that the website will be available without interruption, error or omission; that defects will be corrected; or that the website and the server(s) that make it available are free from viruses or other harmful components. The website and the materials provided on the website are provided “as is” and “as available” without representations, warranties or conditions of any kind, either express or implied.

In no event shall FEO, its partners, agents or employees be liable for any loss, cost or damages whatsoever (including, without limitation, damages for harm to business, loss of profits, programs or data, interruption of activities or any other pecuniary or economic loss) whether direct, indirect, incidental, punitive, special, exemplary, consequential or otherwise arising out of any use or misuse of, or any defects, inaccuracies, errors or omissions in this site without regard to the form of action, even if FEO has been advised of the possibility of damages or if such damages are reasonably foreseeable.

Communications Not Confidential

FEO does not guarantee the confidentiality of any communication via e-mail, this Website or social media that it engages in.

 
Links to Other Websites

For your convenience and information only, the Website may provide links to third party websites. You acknowledge that when you click on a link to a third party website, you will be leaving the Website and assume the risks inherent in doing so, including risks of personally identifiable information being collected without your consent and damages caused by computer viruses or other destructive/disruptive code which may be downloaded from such linked websites. FEO has not verified the nature or accuracy of the information contained on such third party websites and assumes no liability for any damages you may suffer from visiting such third party websites.

 If you breach any of these terms and conditions, your authorization to use the Website automatically terminates and you must immediately destroy any downloaded or printed Content.

Ontario Law Applies

The laws of the province of Ontario and the laws of Canada applicable therein shall govern use of this website and the interpretation, validity and effect of this agreement, notwithstanding any conflict of laws, provisions or your domicile, residence or physical location. You hereby consent and submit to the exclusive jurisdiction of the courts of the province of Ontario in any action or proceeding related to this website and agree not to commence any such action or proceeding except in Kitchener, Ontario, Canada.