Consumer Privacy Statement
Falun Dafa Canada (“FDC”) is committed to preserving and
safeguarding your right to privacy and complying with the Personal
Information Protection and Electronic Documents Act (“PIPEDA”) and
appliable provincial privacy legislation. We have prepared this
Privacy Policy to let you know about the manner in which we collect,
use, disclose, and otherwise manage the personal information you
entrust to us in connection with our LearnFalunGong.com (“Website”).
Collection and Use of Personal Information
We may collect personal information that you provide when you
participate in any of the following activities:
-
visit our Website or register for a service offering on our
Website
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contact us via our contact information posted on our Website
When you call one of our customer service representatives or email
us with a comment or question, you may be asked for information that
identifies you such as your name, address, and telephone number,
which we need to help us promptly answer your question. We may
retain this information to assist you in the future.
You do not have to register to browse our Website. When you register
for a service offering on our Website, you may be asked for personal
information such as your name, phone number, and email address. We
may also offer eNewsletters to those who request this service, and
you may be asked for personal information such as your name and
email address. We use this information to identify you and to
provide you with the service or information you requested.
We collect the IP (Internet protocol) addresses of all visitors to
our Website as well as other related information like page requests,
browser type, operating system, and average time spent on our
Website. We use this information to monitor and improve our Website.
Our Website uses “cookies,” small pieces of data that our Website
can send to your browser, which may then be stored on your hard
drive so we can recognize you when you return. If you have
registered with our Website, these cookies (1) may identify you and
(2) provide us and our service providers with information that we
will use to personalize our Website in accordance with your
preferences. You may set your web browser to notify you when you
receive a cookie. However, should you decide not to accept cookies
from our Website, you may limit the functionality we can provide
when you visit.
Our Website may also use a technology called "tracer tags." These
may also be referred to as “Clear GIFs” or “Web Beacons.” This
technology allows us to understand which pages you visit on our
Website. These tracer tags are used to help us optimize our Website
and provide the best content for you and other future visitors to
our Website.
You can unsubscribe from any FDC eNewsletter list at any time by
clicking the unsubscribe link provided in each of our eNewsletters,
or by emailing us at [email protected], or by calling or
texting us at (343) 688-1290.
When You Provide Us With Feedback or Suggestions
We use your feedback, suggestions, survey information and comments
solely to monitor and/or improve the use and features of our Website
and our service offerings.
Disclosure of Personal Information
FDC will not disclose, transfer, rent, sell, or otherwise disclose
your personal information, without your prior consent (by way of
providing you with an opportunity to opt-out), except as otherwise
set forth in this Privacy Policy.
Disclosure to Service Providers
Certain personal information may be disclosed to third parties
solely for the purpose of processing your request. All of our
service providers are contractually prohibited from using or
disclosing your personal information for any purpose other than
providing the services on behalf of FDC.
Legal Disclosure
FDC must provide your personal information in response to a search
warrant or other legally valid inquiry or order, or to an
investigative body in the case of a breach of an agreement or
contravention of law, or as otherwise required by law.
Third-Party Links
FDC provides links to third-party websites as a convenience to the
user. The inclusion of any link does not imply FDC’s endorsement of
any other company, its websites, or its products and/or services.
These linked websites have separate and independent privacy policies
that we recommend you read carefully. We have no control over such
websites and therefore have no responsibility or liability for the
manner in which the organizations that operate such linked websites
may collect, use, disclose, or otherwise treat your personal
information.
Security of Personal Information
We will maintain the confidentiality of all personal information in
our custody and control and will only disclose such information to
authorized personnel and authorized service providers who require
such information for the purposes described in this Privacy Policy.
We maintain administrative, technical, and physical safeguards to
protect against unauthorized access, use, modification, and
disclosure of personal information in our custody and control.
Changes to This Privacy Policy
This Privacy Policy will be updated periodically to reflect any
changes to how we handle personal information. We will treat your
personal information in accordance with the Privacy Policy in place
at the time of collection of such information, or as you otherwise
consent.
How to Contact Us
We want to assure you that FDC is dedicated to protecting your
privacy. Please feel free to contact us at any time if:
-
you have any questions or comments about this Privacy Policy
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you would like to terminate your registration with our Website
- you wish to access and/or correct your personal information
- you no longer wish to receive materials from FDC
-
you have a complaint about the manner in which FDC treated your
personal information
You can contact us by emailing us at [email protected] or
by calling or texting us at (343) 688-1290.
Terms of Use
Welcome to Falun Dafa Canada (“us”, “we”, or “our”). These Terms of
Use apply to the website LearnFalunGong.com (the “Website”). The
Website shall be referred to as the “Digital Service.”
These Terms of Use apply to all visitors to and users of the Digital
Service (“Users”), whether or not you have registered or subscribed
for any of the services offered on the Digital Service, including
any mobile version thereof. By accessing or using the Digital
Service, you signify that you have read, understand, and agree to be
bound by these Terms of Use (“Terms of Use” or “Agreement”).
We reserve the right, at our sole discretion, to change, modify,
add, or delete portions of these Terms of Use at any time. If we do
this, we will post the changes to these Terms of Use on this page
and will indicate at the top of this page the date these terms were
last revised. Your continued use of the Digital Service after any
such changes are posted constitutes your acceptance of the new Terms
of Use. If you do not agree to abide by these or any future Terms of
Use, do not use or access (or continue to use or access) the Digital
Service.
PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY CAREFULLY, AS
THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS,
REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND
EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW
DISPUTES WILL BE RESOLVED.
Privacy
We care about the privacy of our Users. We have established a
Privacy Policy to govern how User information is collected and used.
By registering, accessing, or using the Digital Service, you are
signifying your acknowledgment and agreement to the Falun Dafa
Canada Privacy Policy.
Accuracy of Registration Information
In consideration of your use of the Digital Service, you agree to
(a) provide accurate, current, and complete information about you as
may be prompted by any registration forms on the Website
(“Registration Data”); (b) maintain and promptly update the
Registration Data, and any other information you provide, to keep it
accurate, current, and complete; and (c) be fully responsible for
all use of your account and for any actions that take place using
your account.
You agree to immediately notify us of any unauthorized use, or
suspected unauthorized use, of your Registration Data or any other
breach of security.
Proprietary Rights in Site Content
All content on the Digital Service, including designs, text,
graphics, pictures, video, information, applications, software,
music, sound, and other files, and their selection and arrangement,
are the property of Falun Dafa Canada or its licensors, with all
rights reserved. No Digital Service Content may be modified, copied,
distributed, framed, reproduced, republished, downloaded, scraped,
displayed, posted, transmitted, or sold in any form or by any means,
in whole or in part, without our prior written permission. Such
unauthorized use may also violate applicable laws including
copyright and trademark laws and applicable communications
regulations and statutes. Unless explicitly stated herein, nothing
in these Terms of Use shall be construed as conferring any licence
to intellectual property rights, whether by estoppel, implication,
or otherwise.
Trademarks
Falun Dafa Canada graphics, logos, designs, page headers, button
icons, scripts, and service names are registered trademarks,
trademarks, or trade dress in Canada and/or other countries. Our
trademarks and trade dress may not be used, including as part of
trademarks and/or as part of domain names, in connection with any
product or service in any manner that is likely to cause confusion,
and may not be copied, imitated, or used, in whole or in part,
without our prior written permission.
Mobile Services
The Digital Service may include certain services that are available
via your mobile phone. Your carrier’s normal messaging, data, and
other rates and fees will apply. You should check with your carrier
to find out what plans are available and how much they cost. In
addition, downloading, installing, or using certain mobile services
may be prohibited or restricted by your carrier, and not all mobile
services may work with all carriers or devices. Therefore, you
should check with your carrier to find out if the mobile services
are available for your mobile devices, and what restrictions, if
any, may be applicable to your use of such mobile services. By using
the mobile services, you agree that we may communicate with you
regarding the Digital Service by SMS, MMS, text message, or other
electronic means to your mobile device and that certain information
about your usage of the mobile services may be communicated to us.
Third-Party Websites and Content
The Website contains (or you may be sent through the Website) links
to other websites (“Third-Party Sites”) as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items
belonging to or originating from third parties (the “Third-Party
Content”). Such Third-Party Content is not investigated, monitored,
or checked for accuracy, appropriateness, or completeness by us, and
we are not responsible for any Third-Party Sites accessed through
the Website or any Third-Party Content posted on, available through,
or installed from the Website, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other
policies of or contained in the Third-Party Sites or the Third-Party
Content. Inclusion of, linking to or permitting the use or
installation of any Third-Party Websites or any Third-Party Content
does not imply approval or endorsement thereof by us. If you decide
to leave the Website and access the Third-Party Sites or to use or
install any Third-Party Content, you do so at your own risk and you
should be aware that our terms and policies no longer govern. You
should review the applicable terms and policies, including privacy
and data gathering practices, of any websites to which you navigate
from the Website or relating to any applications you use or install
from the Website.
Acceptable Site Use
Security: Users are prohibited from violating or attempting to
violate the security measures on this site, including, without
limitation:
-
attempting to probe, scan, or test the vulnerability of a system
or network or to breach security or authentication measures
without proper authorization;
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forging any TCP/IP packet header or any part of the header
information in any email or newsgroup posting;
-
hijacking all or any part of the site content, deleting or
changing any site content, or linking to the site without our
specific written permission;
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attempting to interfere with service to any User, host, or
network, including, without limitation, via means of overloading,
"flooding," "mailbombing," or "crashing";
-
sending unsolicited email, including promotions and/or advertising
of products or services.
Violations of system or network security may result in civil or
criminal liability. We will investigate occurrences that may involve
such violations, and we may involve and cooperate with law
enforcement authorities in prosecuting Users who are involved in
such violations.
Submissions
If you contact this site in order to submit your comments, ideas, or
other materials of any kind, we reserve the right to consider all
such materials voluntarily submitted by Users as non-confidential
and free of any claims of proprietary or personal rights.
Disclaimers
Neither we nor our agents or representatives are responsible or
liable in any manner for any Third-Party Content posted on the
Digital Service or in connection with the Service. We do not control
and are not responsible for any offensive, inappropriate, obscene,
unlawful, or otherwise objectionable content you may encounter on
the Digital Service in connection with any Third-Party Content.
The Digital Service may be temporarily unavailable from time to time
for maintenance or other reasons. We are not responsible for any
technical malfunction or other problems of any telephone network or
service, computer systems, servers or providers, computer or mobile
phone equipment, software, failure of email or players on account of
technical problems or traffic congestion on the Internet or at any
Digital Service or combination thereof, including injury or damage
to any person’s computer, mobile phone, or other hardware or
software, related to or resulting from using or downloading
materials in connection with the Digital Service, including any
Mobile Service. Under no circumstances will we be responsible for
any loss or damage resulting from anyone’s use of the Website or the
Service or Third-Party Content posted on or through the Digital
Service.
THE DIGITAL SERVICE (INCLUDING MOBILE SERVICES) AND ALL DIGITAL
SERVICE CONTENT ARE PROVIDED “AS-IS”. FALUN DAFA CANADA DISCLAIMS
ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER
EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY
SPECIFIC RESULTS FROM USE OF THE DIGITAL SERVICE. WE DO NOT
REPRESENT OR WARRANT THAT SOFTWARE, CONTENT, OR MATERIALS ON THE
DIGITAL SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR
ERROR-FREE, OR THAT THE DIGITAL SERVICE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE
USE AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE
INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU
DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA, OR SOFTWARE
(INCLUDING ANY MOBILE SERVICE) FROM OR THROUGH THE DIGITAL SERVICE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE
DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND
THAT MAY RESULT. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS
OR OMISSIONS IN SUCH CONTENT.
We reserve the right to change any and all content, software, and
other items used or contained in the Digital Service offered through
the Digital Service at any time without notice. Reference to any
products, services, processes, or other information, by trade name,
trademark, manufacturer, supplier, or otherwise, does not constitute
or imply endorsement, sponsorship, or recommendation thereof, or any
affiliation therewith.
Limitation on Liability
IN NO EVENT WILL FALUN DAFA CANADA OR ITS DIRECTORS, EMPLOYEES,
REPRESENTATIVES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR
ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES, INCLUDING ANY LOST INCOME OR LOST DATA OR
DAMAGE TO ANY COMPUTER SYSTEM, ARISING FROM YOUR USE OF THE DIGITAL
SERVICE, OR ANY OF THE DIGITAL SERVICE CONTENT OR OTHER MATERIALS
ON, ACCESSED THROUGH, OR DOWNLOADED FROM THE SITE, EVEN IF WE ARE IS
AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID,
IF ANY, BY YOU TO US FOR THE SERVICE. YOU ACKNOWLEDGE THAT IF NO
FEES ARE PAID FOR USE OF THE DIGITAL SERVICE GIVING RISE TO A CLAIM,
YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE
PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND,
REGARDLESS OF THE CAUSE OF ACTION.
Term & Termination
Subject to this Section, these Terms of Use will remain in full
force and effect while you use the Digital Service. We reserve the
right, at our sole discretion, to limit or terminate access to the
Digital Service and/or prohibit you from using or accessing the
Digital Service (or any portion, aspect, or feature of the Digital
Service) for any reason, or no reason, at any time in our sole
discretion, with or without notice. Without limiting the generality
of the foregoing, we may at our sole discretion limit access to the
Digital Service and/or suspend or terminate the registration,
subscription, or membership of any party who violates these Terms of
Use.
Governing Law; Venue and Jurisdiction
These Terms of Use shall be governed and construed in accordance
with the laws of the Province of Ontario and the federal laws of
Canada applicable therein, without giving effect to its conflict of
laws provisions. The User hereby irrevocably consents to the
jurisdiction of the Courts in the Province of Ontario with respect
to any matters of issue herein.
Arbitration
YOU AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO
SPECIFIC SERVICES ON THE DIGITAL SERVICE IN ANY SPECIFIC TERMS
APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND
REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR
ARISING OUT OF THESE TERMS OF USE OF THE DIGITAL SERVICE (INCLUDING
YOUR VISIT TO OR USE OF THE DIGITAL SERVICE) SHALL BE FINAL AND
BINDING ARBITRATION. Any arbitration shall be conducted in Toronto,
in English, by a single arbitrator in accordance with the
Arbitration Act (Ontario).
To the fullest extent permitted by applicable law, NO ARBITRATION OR
CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER
ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING
ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS
ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any
claim, action, or proceeding by you related in any way to the
Digital Service (including your visit to or use of the Digital
Service) be instituted more than two (2) years after the cause of
action arose.
Indemnity
You agree to indemnify and hold Falun Dafa Canada, its parents,
subsidiaries, and affiliates, and each of their directors, officers,
agents, contractors, partners, and employees, harmless from and
against any loss, liability, claim, demand, damages, costs, and
expenses, including reasonable attorney’s fees, arising out of or in
connection with any violation of this Agreement or of any law or the
rights of any third party.
Other
These Terms of Use constitute the entire agreement between you and
us regarding the use of the Digital Service, superseding any prior
agreements between you and us relating to your use of the Digital
Service. Our failure to exercise or enforce any right or provision
of these Terms of Use shall not constitute a waiver of such right or
provision in that or any other instance. If any provision of this
Agreement is held invalid, the remainder of this Agreement shall
continue in full force and effect. If any provision of these Terms
of Use shall be deemed unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from
these Terms of Use and shall not affect the validity and
enforceability of any remaining provisions.