Legal Pages

This agreement applies as between you, the User of this Web Site and IMC Caulking & Restoration, the owner(s) of this Web Site.  Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“IMC Caulking & Restoration” means IMC Caulking & Restoration Inc. of 2 Bloor St E Suite 3500, Toronto,  ON M4W 1A8, Canada;

“Service”means collectively any online facilities, tools, services or information that IMC Caulking & Restoration makes available through the Web Site either now or in the future;

“System” means any online communications infrastructure that IMC Caulking & Restoration makes available through the Web Site either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”means any third party that accesses the Web Site and is not employed by IMC Caulking & Restoration and acting in the course of their employment; and

“Web Site” means the website that you are currently using (www.imccaulking.com).

Intellectual Property

All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of IMC Caulking & Restoration, our affiliates or other relevant third parties.  By continuing to use the Web Site you acknowledge that such material is protected by applicable Canadian and International intellectual property and other relevant laws.

You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by IMC Caulking & Restoration.

Links to Other Web Sites

This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of IMC Caulking & Restoration or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.imccaulking.com without prior permission.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Web Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Web Site Management

We reserve the right, but not the obligation, to:

(1) monitor the Web Site for violations of these Terms and Conditions;

(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;

(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;

(4) in our sole discretion and without limitation, notice, or liability, to remove from the Web Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;

(5) otherwise manage the Web Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Web Site.

Copyright Infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the Web Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Web Site infringes your copyright, you should consider first contacting an attorney.

Term And Termination

These terms and conditions shall remain in full force and effect while you use the web site. Without limiting any other provision of these terms and conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the web site (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms and conditions or of any applicable law or regulation. We may terminate your use or participation in the web site or delete any content or information that you posted at any time, without warning, in our sole discretion.

Modifications And Interruptions

We reserve the right to change, modify, or remove the contents of the Web Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Web Site. We also reserve the right to modify or discontinue all or part of the Web Site without notice at any time.

We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Web Site. We cannot guarantee the Web Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Web Site, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Web Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Web Site during any downtime or discontinuance of the Web Site. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Web Site or to supply any corrections, updates, or releases in connection therewith.

Corrections

There may be information on the Web Site that contains typographical errors, inaccuracies, or omissions that may relate to the Web Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Web Site at any time, without prior notice.

Privacy

For the purposes of applicable data protection legislation, IMC Caulking & Restoration will process any personal data you have provided to it in accordance Privacy Policy available on the IMC Caulking & Restoration website or on request from IMC Caulking & Restoration.

You agree that, if you have provided IMC Caulking & Restoration with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to IMC Caulking & Restoration and (2) that you have brought to the attention of any such third party the Privacy Notice available on the IMC Caulking & Restoration’s website or otherwise provided a copy of it to the third party. You agree to indemnify IMC Caulking & Restoration in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

Disclaimers

IMC Caulking & Restoration makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.

No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

Availability of the Web Site

The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

IMC Caulking & Restoration accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Limitation of Liability

To the maximum extent permitted by law, IMC Caulking & Restoration accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

Nothing in these terms and conditions excludes or restricts IMC Caulking & Restoration’s liability for death or personal injury resulting from any negligence or fraud on the part of IMC Caulking & Restoration. Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant legal provisions.  However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@imccaulking.com.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

Law and Jurisdiction

These terms and conditions and the relationship between you and IMC Caulking & Restoration shall be governed by and construed in accordance with the Law of Canada and IMC Caulking & Restoration and you agree to submit to the exclusive jurisdiction of the Courts of Toronto.

We are very pleased about your interest in our company. Data protection is of a particularly high priority for the management of IMC Caulking & Restoration. In the following, we inform you about the processing of your personal data by us and the claims and rights to which you are entitled according to the data protection regulations in accordance with Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) and the EU’s General Data Protection Regulation.

This privacy policy informs you about the nature, scope and purpose of the processing of personal data within our web site (hereinafter collectively referred to as the “website”). The privacy policy applies regardless of the domains, systems and devices used (e.g. desktop, mobile, etc.).

Definitions

This Policy describes our privacy practices in plain language, keeping legal and technical jargon to a minimum to make sure you understand the information we collect, why we collect it, how it is used and your choices regarding your information. However, to achieve this objective we would like to explain you the following two concepts.

Personal Data

“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Processing

“Processing” means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and covers virtually any handling of data.

Relevant legal basis

In accordance with the PIPEDA and the GDPR, we inform you of the legal basis for our data processing.

Consent

This is where we have asked you to provide explicit permission to process your data for a particular purpose.

Contract

This is where we process your information to fulfil a contractual arrangement we have made with you.

Answering your business enquiries

This is where we process your information to reply to your messages, e-mails, posts, calls, etc.

Legitimate Interests

This is where we rely on our interests as a reason for processing, generally this is to provide you with the best products and service in the most secure and appropriate way. Of course, before relying on any of those legitimate interests we balance them against your interests and make sure they are compelling enough and will not cause any unwarranted harm.

Legal Obligation

This is where we have a statutory or other legal obligation to process the information, such as for the investigation of crime.

General

The use of our web site www.imccaulking.com is possible without any indication of personal data. However, you want to use our services via our website, processing of personal data could become necessary. If processing of personal data is necessary and if there is no legal basis for such processing, we will generally obtain the consent of the data subject.

Who is responsible for data processing and whom can I contact?

The responsible party is:

IMC Caulking & Restoration Inc.

2 Bloor St E Suite 3500, Toronto,

ON M4W 1A8, Canada

You can reach us at:

+1 647-797-9187

info@imccaulking.com

Contact Form

What sources and data do we use?

We process personal data that we receive from you in the course of using our web site and, if applicable, our business relationship.

In the case of purely informational use of the web site, i.e. if you do not register or otherwise transmit information to us, we only collect the personal data that your browser transmits to our server. When you access our web site, we collect the following access data, which is technically necessary for us to display our web site to you and to ensure its stability and security. The access data includes

• the IP address,
• date and time of the request,
• time zone difference to Greenwich Mean Time (GMT),
• content of the request (i.e. name of the specific web site accessed),
• access status/HTTP status code,
• amount of data transferred in each case,
• referrer URL (previously visited page),
• browser type and version,
• operating system and its interface,
• language and version of the browser software,
• notification of successful retrieval.

What do we process your data for (purpose of processing)?

We process personal data in accordance with the provisions of the PIPEDA and the GDPR:

• Insofar as you have given us consent to process personal data for certain purposes (e.g. when contacting us via our contact form or by e-mail to process and handle the enquiry, contacting us to prepare an offer, advertising approach by telephone, e-mail, SMS, etc.), the lawfulness of this processing is given on the basis of your consent. Consent given can be revoked at any time. Please note that the revocation is only effective for the future. Processing that took place before the revocation is not affected by this.
• When contacting us (via contact form or e-mail), your details are processed in addition to any consent given for the purpose of processing the contact enquiry and handling it, also on the basis of the implementation of pre-contractual measures.
• To the extent necessary, we process your data to protect the legitimate interests of us or of third parties. In particular, we pursue the following legitimate interests:
• Ensuring IT security, in particular the security of the web site ;
• Assertion of legal claims and defence in legal disputes;
• Advertising or market and opinion research, insofar as you have not objected to the use of your data;

Who gets my data?

Within the company, those  that need your data to fulfil our contractual and legal obligations are given access to it.

Processors used by us may also receive data for the purposes mentioned above. These are companies in the categories of IT services, logistics, telecommunications, debt collection, advice and consulting, and sales and marketing.

Where we use processors to provide our services, we take appropriate legal precautions and corresponding technical and organisational measures to ensure the protection of personal data in accordance with the relevant legal requirements.

We only pass on users’ data to third parties if this is necessary, for example, on the basis of a contractual purposes or on the basis of legitimate interests in the economic and effective operation of our business or you have consented to the transfer of data. In the case of purely informative use of the web site, we do not pass on any data to third parties as a matter of principle.

How long will my data be stored?

For security reasons (e.g. for the clarification of abuse or fraud), log file information is stored for a maximum of thirty days and then deleted. Data whose further storage is required for evidentiary purposes is exempt from deletion until the respective incident has been finally clarified.

As far as necessary, we process and store your personal data for the duration of our business relationship, which also includes, for example, the initiation and processing of a contract via contact form or by e-mail.

In addition, we are subject to various storage and documentation obligations, which result from Canadian Commercial and Fiscal Law, among others. Finally, the storage period is  assessed according to the statutory limitation periods.

Will data be transferred to a third country or to an international organisation?

The data provided will be processed within Canada as well as in the USA. Please note that we have agreed  standard data protection clauses with recipients of your data for states without a Commission adequacy decision, as is the case with the USA. This is against the background of protecting your data and achieving an adequate level of protection for your personal data.

What data protection rights do I have?

• The right to be informed,
• The right of access,
• The right to rectification,
• The right to erasure,
• The right to restrict processing,
• The right to data portability,
• The right to object,

Where the processing of your personal information is based on consent, you have the right to withdraw that consent without detriment at any time by contacting us.

The above rights may be limited in some circumstances, for example, if fulfilling your request would reveal personal information about another person, if you ask us to delete information which we are required to have by law, or if we have compelling legitimate interests to keep it. We will let you know if that is the case and will then only use your information for these purposes. You may also be unable to continue using our services if you want us to stop processing your personal information.

In addition, you can revoke consent, at any time and without detriment or effect for the future. Further, you have the right to lodge a complaint with a data protection supervisory authority.

The Supervisory Authority

The Office of the Privacy Commissioner in Canada is the for us relevant authority in matters of data protection. You have the right to make a complaint at any time to the OPCC (www.priv.gc.ca). We would, however, appreciate the chance to deal with your concerns before you approach the OPCC so please contact us in the first instance.

Is there an obligation for me to provide data?

Within the scope of our web site, you must provide those personal data that are required for the use of our web site for technical or IT security reasons. If you do not provide the aforementioned data, you will not be able to use our web site.

When contacting us by form or e-mail, you only need to provide the personal data that is required to process your enquiry. Otherwise we will not be able to process your request.

Cookies

Cookies are pieces of information that are transferred from our web server or third-party web servers to the users’ web browsers and stored there for later retrieval. Cookies can be small files or other types of information storage. In some cases, cookies are used for security purposes or are necessary for the operation of our web site (e.g. for the display of the web site) or to store the user’s decision when confirming the cookie banner.

We use “session cookies”, which are created when you visit our online presence (e.g. in order to be able to save your login status and thus enable you to use our online offer at all). A randomly generated unique identification number, a so-called session ID, is stored in a session cookie. In addition, a cookie contains information about its origin and the storage period. Session cookies are deleted when you have finished using our online offer (e.g. by logging out), the validity of the cookie expires or the cookies in the browser are deleted.

If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

Further services

Within our online offer, we use content or service offers of third-party providers on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer) in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”). This always requires that the third-party providers of this content are aware of the IP address of the user, as without the IP address they would not be able to send the content to their browser. The IP address is therefore necessary for the display of this content. We endeavour to only use content whose respective providers only use the IP address to deliver the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to analyse information such as visitor traffic on the pages of this web site. The pseudonymous information may also be stored in cookies on the user’s device and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our web site, as well as being linked to such information from other sources.

Functions of the Instagram service are integrated within our online offer. These functions are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the content of our pages to your Instagram profile by clicking on the Instagram button. This allows Instagram to associate your visit to our pages with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Instagram.

Automated decision-making and profiling

We do not use automation for decision-making and profiling.

Do Not Track

Do Not Track is a privacy preference you can set in most browsers. We support Do Not Track because we believe that you should have genuine control over how your info gets used and our site responds to Do Not Track requests.

Do Not Sell My Personal Information

We do not sell information that directly identifies you, like your name, address or phone records.

Accuracy

It is important that the data we hold about you is accurate and current, therefore please keep us informed of any changes to your personal data.

Children Data

Our website is not intended for children and we do not knowingly collect data relating to children. If you become aware that your Child has provided us with Personal Data, without parental consent, please contact us and we take the necessary steps to remove that information from our server.

Hosting

The services for hosting and displaying the website are partly provided by our service providers as part of processing on our behalf. Unless otherwise explained in this privacy policy, all access data and all data collected in forms provided for this purpose on this website are processed on their servers. If you have any questions about our service providers and the basis of our relationship with them, please contact us.

Content Delivery Network

For the purpose of a shorter loading time, we use a so-called Content Delivery Network (“CDN”) for some offers. With this service, content, e.g. large media files, are delivered via regionally distributed servers of external CDN service providers. Therefore, access data is processed on the servers of the service providers. Our service providers work for us within the framework of order processing. If you have any questions about our service providers and the basis of our cooperation with them, please contact us.

Changes

This policy and our commitment to protecting the privacy of your personal data can result in changes to this policy. Please regularly review this policy to keep up to date with any changes.

Queries and Complaints

Any comments or queries on this policy should be directed to us. If you believe that we have not complied with this policy or acted otherwise than in accordance with data protection law, then you should notify us.