MODESCO CORP. PRIVACY POLICY (Last Updated on September 26, 2004)
Modesco Corp. (doing business as Modern Desktop) and its divisions, affiliates and subsidiaries (hereinafter “Modesco”) respects the privacy and the integrity of any information that you provide us as a user of this Site. Under the Personal Information Protection and Electronic Documents Act, 2000 c.5. (the "Privacy Act") we have created the following Privacy Policy.1. APPLICATION OF THIS POLICY
This Privacy Policy applies to Modesco only. It will tell you how and why we gather personal and non-personal information about you.
This Site is connected by "hyperlinks" to other websites. We are not responsible in any way for the privacy practices on other websites and suggest that you review the privacy policies on those linked websites before using them.
2. WE ARE ACCOUNTABLE TO YOU
We have designated an officer of the company to be accountable for our policies and practices with respect to the management of personal information. Any questions, comments or complaints that you might have about our privacy practices should be forwarded in writing to:
Privacy Officer
Modesco Corp.
7-160 Konrad Cr.
Markham, ON
Canada L3R 9T9
3. COLLECTION OF INFORMATION
Personally identifiable information or personal information is defined as information that identifies you, as an individual, and includes your name, home address, home telephone number, and e-mail address.
We only collect personally identifiable information about you after you have specifically and knowingly provided such information to us. By voluntarily providing this information to us at various points when using our Site, including, sending us a comment or suggestion, entering a chatroom or bulletin board, or entering a contest that is posted on our Site, you will be consenting to the collection and use of your personal information by us for that online activity. You are under no obligation to provide us with this information and can access many aspects of the Site without providing us any personal information.
4. THE PURPOSE OF OUR COLLECTING INFORMATION FROM YOU
If you participate in an online activity, your personal information will only be used for the purposes of that online activity, unless you otherwise provide us with your consent. For example, we will collect and use personal information for the following purposes:
• To run contests, select entrants, and choose prize winners.
• To respond to your questions, or comments you forward to us.
• To run chatrooms, bulletin boards or other areas of interaction with other members.
• To keep aggregate information on Site use.
5. DISCLOSURE OF YOUR PERSONAL INFORMATION
We will not sell or rent your personal information to any other party without your consent. However, we may disclose your personal information in the circumstances set out below.
If you have entered into and won one of our contests, your name and city of residence may be published by us or one of the sponsors. Please check the specific contest rules for details.
We may also be required by law to disclose personal information without your consent in the event of emergency situations or when required by government or other legal authority.
We may also disclose personal information to third parties in connection with a corporate re-organization, merger or amalgamation, or the sale of all or substantially all of our assets, provided that the personal information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring this information.
Please be advised that when you voluntarily disclose information on the bulletin boards or in the forum or chat areas of our Site, your personal and other information disclosed in your communication shall become public information and can be collected and used by other parties. We cannot control what third parties in the bulletin board or chatroom do with your personal information.
6. NON PERSONAL INFORMATION
In addition, we collect non-personally identifiable information, which is information that does not identify you personally, but becomes available to us as a result of your visit to our Site. This information includes your IP address, a number automatically assigned your computer when you visit the Site, your Internet Service Provider and your Web Browser.
One way we use this non-personal information is as a diagnostic and administrative tool for identifying system problems and administering the Site. From time to time we use cookies on this Site. Cookies are small text files that your web browser leaves on your hard drive to recognize you as a repeat user of our Site. If you do not want cookies to be used, you should access the features of your web browser for the procedure to disable the cookies.
We collect personal and non-personal information in a non-identifying, anonymous and aggregate form to enhance our Site design, to share with advertisers and for statistical purposes. These statistics and reports will contain only aggregated and no personally identifiable information.
7. SAFEGUARDS WE HAVE IN PLACE
We employ reasonable managerial and technical measures to ensure that your information is secure. For example, all personally identifiable information is maintained behind a firewall.
8. CHILDREN
Minors in the country, province or state in which they live, can only use this Site with the approval of a parent or guardian.
9. CHANGES TO THIS PRIVACY POLICY
We may change this policy as new services are added or old ones are changed. Such changes will be effective when a notice of the change is posted on the Site. Please check this Privacy Policy from time to time for updates by checking the date of the “Last Update” at the top of this document.
LEGAL STATEMENT
By accessing any area of moderndesktop.com, (the "Website") the user acknowledges this notice, and agrees to the terms and conditions set out below. Except where stated otherwise, the term "Modesco" used on the Website and in this Statement shall be deemed to include Modesco Corp. (doing business as Modern Desktop) and its affiliates, subsidiaries, successors and assigns.
Modesco owns and operates the moderndesktop.com website. modesco.com website and such related words, domain names and logos are trademarks and the property of Modesco. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
The material contained on moderndesktop.com, including all portions of the Website, content, site design, text, graphics, and the selection and arrangement thereof are Copyright © Modesco Corp. ALL RIGHTS RESERVED.
No material from the Website or any website owned, operated, licensed or controlled by Modesco, may be copied, reproduced, republished, posted, transmitted or distributed in any way. The user may print, in hard copy, portions of the Website only for the purpose of placing an order with Modesco Corp.. The use of any such material for any other reason, on any other website, or the modification, distribution or republication of this material without prior written permission from Modesco Corp. is strictly prohibited.
Information on this Web site may contain technical inaccuracies or typographical errors.
Information may be changed or updated without notice. Modesco may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
Modesco assumes no responsibility regarding the accuracy of the information that is provided and use of such information is at the recipient's own risk. Modesco provides no assurances that any reported problems may be resolved with the use of any information that Modesco provides. By furnishing information, Modesco does not grant any licenses to any copyrights, patents or any other intellectual property rights.
Modesco does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to Modesco will be deemed NOT to be confidential. By sending Modesco any information or material, you grant Modesco an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Modesco is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law.
Modesco's obligations with respect to the products and services it sells are governed solely by the agreements under which they are provided. If you obtain a product or service from Modesco off this web site that is provided without an agreement, that product or service is provided "AS-IS" with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.
Modesco makes no representations whatsoever about any other website which you may access through this one. When you access another web site, even one that may contain our logo, please understand that it is independent from Modesco and that we have no control over the content on that web site. In addition, a link to another web site does not mean that Modesco endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
IN NO EVENT WILL MODESCO BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALL INFORMATION IS PROVIDED ON AN "AS IS" BASIS ONLY. MODESCO PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT