Privacy Policy


Audiokinetic Inc. ("Audiokinetic") has created this Privacy Policy in order to demonstrate its commitment to privacy. The following discloses how Audiokinetic deals with your personal information as a user of www.audiokinetic.com (this "Site").

PLEASE REVIEW THIS PRIVACY POLICY BEFORE USING THIS SITE. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, DO NOT USE THE SITE. THIS PRIVACY POLICY GOVERNS THE USE OF THIS SITE AND APPLIES TO ANY PERSONAL INFORMATION YOU MAY SUBMIT TO THIS SITE. BY SUBMITTING ANY PERSONAL INFORMATION TO THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY.

Your use of this Site and the terms of this Privacy Policy are also subject to the Terms of Use. Please review those Terms of Use for additional detail regarding your use of this Site.

General Information

IP Addresses and Cookies

Generally speaking, you may visit the Site while remaining anonymous and not reveal any personal information.

Audiokinetic uses your IP address to help diagnose problems with the Site servers, to administer the Site, to monitor Site usage, and to gather broad geographic information. Your IP address is used to help identify you and to aid in your navigation through the Site as determined by your customization options, if any. Audiokinetic also may aggregate your IP address with other information to create anonymous Site statistics. Audiokinetic does not, however, use your IP address to collect personal information about you.

This Site also uses “cookies” to provide customization options at login, or to keep track of where you are in the Site in order to provide the correct customization options when you use the Site. Audiokinetic also uses cookies to allow you to use features or services that you decide to select, or to keep track of usage services or links provided on the Site. Audiokinetic does not, however, use cookies to collect personally identifiable information about you.

You may set your browser to decline cookies. Although in most cases you may refuse cookies and still fully navigate our Site, access or use of certain parts of the Site may not be possible without the use of cookies.

Submission of Personal Information

Site Registration and Contact Information

To access certain portions of the Site, you may be required to create a user account by submitting some personal information, such as your name, work phone, mailing and email addresses. The creation of a user account may also allow you to post information on the Site, obtain support for the Audiokinetic products, obtain additional information about Audiokinetic and have access to downloadable material. The creation and use of a user account is governed by the terms of Audiokinetic’s User Account Policy which also incorporates the terms of this Privacy Policy.

You may also decide to provide Audiokinetic with such personal information to allow you to obtain additional information about Audiokinetic, provide feedback, get answers to some of your questions or otherwise contact Audiokinetic.

In submitting personal information, you are prohibited from impersonating any individual. A member account or profile must be opened using real names and other requested information.

Public Forums for Posted Information

Certain portions of the Site may be designed to offer you the opportunity to post information on the Site, including but not limited to information about yourself (“Posted Information”). For example, you may be permitted to post messages in chat rooms, message boards, the Site’s Wiki and/or news groups this Site might make available to its users.

Please remember that any Posted Information becomes public information and you should exercise caution when deciding to disclose your personal information. If you decide to post any information, that Posted Information is no longer in Audiokinetic’s control. Please see the Terms of Use, including but not limited to Section 2: Posted Information, for additional terms applicable to Posted Information.

Children

No portion of the Site is directed at children (defined as individuals age 13 and under) nor are children encouraged to use the Site. Audiokinetic does not knowingly solicit any personal information about children.

Use of Personal Information

Audiokinetic may use personal information you submit through the Site to provide the services and information you select, to better understand its customers, to provide better products and services, and to assist Audiokinetic with the Site administration, such as with troubleshooting any problems, detecting fraud, resolving disputes, and for any purposes deemed necessary or required by Audiokinetic to enforce the Terms of Use and other terms or conditions applicable to any portion of the Site.

If you so request, Audiokinetic may also use this information to send you information about Audiokinetic, or other topics Audiokinetic thinks may be of interest to you, such as product information or updates.

If you decline to receive information or cancel any account or profile, Audiokinetic will retain your personal information only as long as necessary for the fulfillment of the purposes for which it was initially collected as described herein, unless it is required or authorized by law to retain the information for a longer period, including without limitation where necessary for the resolution of any open issues that may exist after you have declined to receive information or cancelled your account or profile relating to your use of any portion of the Site, your account, or about any issues relating to the Terms of Use, this Privacy Policy, or any other policy then in-effect.

Audiokinetic does aggregate all information provided by you to create anonymous statistical and demographic data. This anonymous data helps Audiokinetic to understand and know its customer base better. That anonymous data may be provided to third parties but never in such a fashion as to identify you personally.

Disclosure of your Personal Information to Third Parties

Other than as provided below, Audiokinetic does not disclose or sell to third parties information you have submitted to this Site that identifies you personally.

Third Party Services

On occasion, Audiokinetic may offer in conjunction with third parties certain services that may require you to share your personal information with that third party as a condition for providing that service. While Audiokinetic will treat any information it receives in accordance with this Privacy Policy, Audiokinetic will not be responsible for the information submitted by you to that third party, and Audiokinetic reminds you to review the applicable rules and any third party’s applicable privacy policies separately before participating in such service.

Law Enforcement

To the extent permitted by applicable privacy legislation, Audiokinetic may provide information you submit to this Site to law enforcement authorities. As noted in the Terms of Use, Audiokinetic intends to cooperate with any order or request from law enforcement officials or a court of competent jurisdiction for information as to the identity of individuals submitting or posting information to Audiokinetic or on this Site.

Posted Information

Audiokinetic may use personal information that is contained in Posted Information to contact you in the event that an issue or dispute arises about any Posted Information. Please see the Terms of Use, including but not limited to Section 2: Posted Information, for additional terms applicable to Posted Information.

Making Changes

Changing, updating or deleting your profile or personal information

This Site gives users the following options for changing, updating or deleting information previously provided to Audiokinetic:

  1. The Login section of this Site may permit a user to change, update or delete information previously provided to Audiokinetic.
  2. A particular service may have an Administration section that allows you to change or modify information you previously provided for that service.
  3. You can contact us for assistance in changing, updating or deleting personal information previously provided to Audiokinetic.

Declining Information

If you wish to no longer receive future communications from Audiokinetic, you may do so through any of the methods described below. Please note that it may take us a reasonable amount of time to process your request.

  1. The Login section of this Site permits you to change a previous selection and decline to receive further communications.
  2. A particular service may have an Administration section that allows you to change any previous selections for that service.
  3. You can contact us for assistance in changing your prior selections.

Links to Other Sites and Advertising

This Site contains links to other sites not operated by Audiokinetic. Audiokinetic is not responsible for the privacy practices or the content of those web sites. Please be sure to review the privacy policies of those sites.

This Site may display advertisements and/or links to third party sites. These advertisements or links may contain cookies placed by those third parties. Audiokinetic is not responsible for those advertisements, the web sites to which they are linked, or how any other linked sites, may use their own cookies or information. For example, cookies received with banner ads may be collected by the company posting the ad on our Site. Again, please refer to that company’s privacy policy for further information.

Surveys and Contests/Sweepstakes

From time to time Audiokinetic may make online surveys available to users of the Site. Participation in those surveys is voluntary. Some online surveys may ask participants for personal information, such as an email address, in addition to requesting answers to survey questions. Audiokinetic may make the results of any survey publicly available, although Audiokinetic will not attribute any particular response to you without your permission.

On occasion Audiokinetic may make available to users of the Site contests, sweepstakes, or similar events in which they may qualify for participation. Participation is always voluntary and subject to the applicable rules. The rules may ask participants to provide personal information as a condition of participation. Audiokinetic may use that personal information to contact the participant if necessary, or as otherwise described above. Audiokinetic may also make the winner’s names public, as provided in the applicable rules, or as required by applicable law. Audiokinetic may also use such information as described above. In some instances, the applicable rules may contain additional or different uses for the personal information you provide; please be sure to review those rules carefully before entering.

Audiokinetic may permit a third party to sponsor a survey, contest, sweepstakes, or other similar event (“third party event”) with Audiokinetic, such as through posting it on the Site. Such third party events are governed solely by rules applicable to such third party event, and may require you to provide personal information to that third party as a condition for participation. While Audiokinetic will treat any information it receives in accordance with this Privacy Policy, Audiokinetic is not responsible for the information gathered by that third party, and Audiokinetic reminds you to review the rules and privacy policies separately applicable to those third party events.

Security

General Issues

This Site has security measures in place to protect against the loss, misuse and alteration of the information under Audiokinetic’s control. Audiokinetic uses standard internet connections for the Site, without secured sockets.

Site Registration

In some cases, you may be prompted to create your user account to undertake a particular Site activity or obtain a particular service. As part of that account creation process, you may be asked to choose your own password. Audiokinetic reminds you to protect your password, and not provide it to others to use. Allowing others to access and use your account and password can compromise the security of your personal information. Audiokinetic disclaims any responsibility or obligation for your decision to provide your password to others. Access by means of such password will at all times be deemed made by you, and you will be responsible for any such access.

You will at all times be responsible for the security and confidentiality of your password and will be liable for any damages caused by any unauthorized use, disclosure or loss of such password. You will be responsible for any access to your account and damages arising therefrom prior to reception of such notification by Audiokinetic.

The creation and use of a user account is also subject to the terms of the User Account Policy.

Retention of your Personal Information

The personal information retained by Audiokinetic in accordance with this Privacy Policy is located on our secure server located in Montreal, Quebec.

Changes to this Policy

If and when Audiokinetic makes changes to this Site, Audiokinetic may have to update this Privacy Policy to better reflect those changes. But no update to this Privacy Policy will, in itself, alter the choice you already made about how Audiokinetic can use your personal information without your consent (except where legally permitted). Because changes to this Site or updates to this Privacy Policy may occur, you should review this Privacy Policy from time to time. Remember, your decision to continue using this Site after this Privacy Policy is updated will signify that you have agreed to any new Privacy Policy terms.

Contacting Audiokinetic

If you have any questions about this privacy policy, the privacy practices of this Site and of Audiokinetic, or your dealings with this Site, you can contact the Webmaster at the following address:

Audiokinetic Web Development
Audiokinetic Inc.
409 rue Saint-Nicolas
Suite 300
Montréal, Québec
H2Y 2P4
Canada

You may also consult other methods of contacting us, including an online contact form.

Disclaimers

Audiokinetic intends to take reasonable precautions to abide by this Privacy Policy. Nevertheless, in the event that Audiokinetic does not comply with all terms contained in this Privacy Policy, you agree by using this Site and by submitting information to this Site that your sole and exclusive remedy against Audiokinetic will be to have Audiokinetic promptly correct the handling of your information in the future in a way which complies with this Privacy Policy and applicable privacy legislation, including notifying anyone to whom Audiokinetic directly transferred any information of the correct information or to cease using such information.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, AUDIOKINETIC DISCLAIMS ANY OTHER OBLIGATION, LIABILITY, OR WARRANTY TO YOU FOR ANY OTHER ACTION, INACTION, OMISSION, OR OTHER ACTIVITY THAT IS NOT IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, ITS TERMS, OR ITS DISCLAIMERS THEN YOU SHOULD NOT USE THIS SITE.

UNDER NO CIRCUMSTANCES SHALL AUDIOKINETIC, AND/OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS) (WHETHER DIRECT OR INDIRECT) ARISING OUT OF OR CONNECTED WITH THIS PRIVACY POLICY, OR THE FAILURE OF AUDIOKINETIC, OR ITS SUPPLIERS OR LICENSORS TO ADHERE TO IT, EVEN IF AUDIOKINETIC, AND/OR ITS SUPPLIERS LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THIS SECTION SHALL ONLY APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW OR THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS LOWER.

Applicable Law

This Privacy Policy is governed by and shall be interpreted in accordance with the laws of the Province of Quebec, Canada, without regard to the rules of conflict which may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the courts of Quebec, Canada in the event of any dispute of any kind arising from or relating to this Privacy Policy.

 

Last Updated December 9, 2013.


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