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Privacy Policy and Web Site Usage Agreement

Privacy

Here you'll find everything you want to know about our PRIVACY POLICY, which is designed to communicate our commitment to you that any information you submit to us will remain absolutely private.

Our WEB SITE USAGE AGREEMENT states that xynapse.ca is a private, copyrighted site, the content of which can't be taken, borrowed, copied, or used for anything other than strictly personal reasons.

Privacy Policy

Contents:

Our Commitment To Privacy

Your privacy is important to us. We publish this Privacy Policy to better protect your privacy and explain the choices you can make about the way your information is collected and used.

We will not collect any personal information from you that you do not volunteer. Xynapse does not sell, share, barter, rent, divulge or otherwise disseminate personal information collected on this site.

Information Collected

This Privacy Policy applies to all information collected or submitted on the www.xynapse.ca website. On some pages, you can request information or action, or order products or services. The types of personal information collected includes:

  • Name
  • Address
  • E-mail address
  • Survey questions
  • Phone number
  • Credit card information
  • Supplemental Information

In order to properly fulfill our obligations to our customers, it is sometimes necessary for us to supplement the information we receive with information from 3rd party sources. For example, we verify credit cards with 3rd party verification and fraud services.

Log Files

We use IP addresses to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. We may share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.

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How We Use Information

We use the information you provide about yourself when requesting information, access to documents, or placing a service request to fulfill that request. If you register for an online service, whether complimentary or by paid subscription, we use the information you provide about yourself to create and service your account. We use the information you provide about someone else when creating a team or company account as necessary to create or manage their account or user functionality. We do not share this information with outside parties except to the extent necessary to complete that order. We may employ our users' e-mail addresses to notify users of special offers or programs you might find of interest.

Information Hosted By Xynapse Canada Inc. on Your Behalf for Use by You

In applications such as Pro E-Mail/Messaging services or TeamCentral™ document sharing and management, where you entrust your private information for storage and management by Xynapse Canada Inc. on our servers using our online applications to which you have subscribed and are using in accordance with published usage policies, such information is not accessed or used by Xynapse Canada Inc. for any purpose whatsoever other than in the normal course of maintaining server reliability and security, and providing maximum uptime. Please see "Our Commitment to Data Security," below.

Send to a Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend's name and E-Mail address. This information is used only to transmit the message. It is not recorded, saved, or used for any other purpose.

Newsletter

If a user wishes to subscribe to our newsletter, we ask for contact information such as name and E-Mail address. Users who no longer wish to receive our newsletter or promotional materials from our partners may opt-out of receiving these communications by replying to unsubscribe.

Special Offers

We send all commercial users and V.I.P. applicants a welcome E-Mail to verify password and username. Established users will occasionally receive information on products, services, special deals, or other important information. Out of respect for the privacy of our users we present the option to not receive these types of communications.

Site and Service Updates

As required, we send our clients site and service announcement updates. Clients are not able to un-subscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services and in regards to issues relating to their account via E-Mail or phone.

Correction/Updating Personal Information

If a user's personally identifiable information changes (such as your postal code), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user's personal data provided to us. This can usually be done at the V.I.P. information page or by E-Mailing our Customer Support.

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Notification of Changes

If we decide to change our privacy policy, we will post those changes on our site. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify user in advance by E-Mail. Users will have a choice as to whether or not we use their information in this different manner.

We use return e-mail addresses to answer the e-mail we receive. We may also use these e-mail addresses to provide order status and order tracking information.

If you choose to register or receive products or materials from us, or to otherwise give us personal information, we may store some or all of that personal information and use it for marketing research and marketing purposes, which may include sharing it with various suppliers that provide marketing, research, or other services for us. If you choose to save information, such as a web application configuration, on our website, we may contact you to follow up on your interest.

We will never sell your personal information to any other company.

In the event of a criminal investigation or a suspected illegal activity, we may be required by law enforcement agencies to share certain personal information.

We never use or share personally identifiable information provided to us online in ways unrelated to the uses described above without providing you the opportunity to opt out or prohibit such unrelated uses.

Links to Other Web Sites

This web site contains links to other sites. Xynapse is not responsible for the privacy practices of such other sites.

"Cookies"

Cookies are pieces of data that websites write to your hard drive when you visit their site. These data files, or cookies, can then be read by that site in order to organize the pages you have visited and provide you with a more coherent and meaningful visit. Some of our websites may also use cookie technology to tailor information to fit your personal interests. Our use of cookie technology can thus provide you with a more individualized delivery of information and an optimal browsing experience and is never used to infringe your privacy.

Data Security

We take every precaution to protect our users' information. When users submit sensitive information via the website, it is protected both online and off-line. Connections to all form pages, such as contact, registration or order forms, are made using SSL encryption, which means that all user information (such as credit card numbers), is encrypted by the user's web browser at their computer before transmission. While on such secure pages, you can see that the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer is locked, as opposed to un-locked, or open, when you are just 'surfing'.

User information is also carefully protected off-line, through physical, hardware, software, and human technologies. All user information is restricted. Only employees who need the information to perform a specific job are granted access to personally identifiable information. Furthermore, all staff are kept up-to-date on our security and privacy practices and have signed and respect Non-Disclosure Agreements.

Children's Privacy

Protecting the privacy of the young is especially important. We never knowingly collect or maintain information at our website from those under 13. Neither is our website designed to attract anyone under the age of 13.

How to Contact Us

Should you have other questions or concerns about this privacy policy, please contact us.

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Web Site Usage Agreement
between
User and Xynapse Canada, Inc.

Contents:

Introduction

Thank you for visiting our Web site. Please read carefully the following legal agreement before navigating through the content. By using this Web site, you acknowledge your agreement to these terms of use. If you do not agree, please disconnect now and do not use this Web site.

Restrictions

Neither the Web site nor any element thereof, including, without limitation, text, graphics, images, or other materials, may be copied, repurposed, uploaded, posted, transmitted, or redistributed, except that you may download one copy of such materials to your individual computer solely for your personal, use , provided that all copyright and other proprietary notices appearing on such materials are strictly preserved without any alteration, modification, or obfuscation. Clients who have purchased a license for the use of Xynapse supplied e-mail and messaging services, Team Central™, V.I.P. or other services Services, or who have entered into a trial subscription for the use of any online application offered by Xynapse, may use them for any lawful purposes within their license limitations. Any software downloaded by you from the Web site, such software, and all elements thereof, are licensed to you by Xynapse Canada, Inc. for your personal use only. You may not modify or prepare derivative works based upon the Web site, or any element thereof, and you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise attempt to access the source code to any software downloaded from the Web site.

Reservation of Rights

All rights, titles, and interests in and to this Web site are owned by Xynapse Canada, Inc. The Web site is protected by Canadian copyright law and international treaty provisions, including, without limitation, the Berne Convention. None of the content of the Web site, including, without limitation, photos, graphics, text, animation, sound recordings, video recordings, user interface design, interactive sequences, sequential and non-linear responses may be used without the express written consent of Xynapse Canada, Inc. All rights not expressly licensed hereunder are reserved by Xynapse Canada, Inc.

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WARRANTY DISCLAIMER

THE WEB SITE AND ALL ELEMENTS THEREOF ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. XYNAPSE CANADA, INC. MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE WEB SITE FOR ANY PURPOSE. XYNAPSE CANADA, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. XYNAPSE CANADA, INC. DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE OR PERFORM IN A MANNER THAT IS UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEB SITE OR HOST SERVER WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. XYNAPSE CANADA, INC. MAKES NO WARRANTIES THAT THE INFORMATION PRESENTED ON THE WEB SITE IS CURRENT, UP-TO-DATE, OR ACCURATE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

LIABILITY LIMITATION

UNDER NO CIRCUMSTANCE WILL XYNAPSE CANADA, INC. BE LIABLE TO YOU OR ANY OTHER PARTY FOR AN INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATING TO LOST DATA, COMPUTER FAILURE OR MALFUNCTIONING, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INDIRECT DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE TO THIS ALLOCATION OF RISK IN RELATION TO YOUR USE OF THE WEB SITE.

Links to Other Web Sites

This Web site may contain hyperlinks to other documents or Web sites that are operated by third parties. Such hyperlinks are provided solely for User's references. Xynapse Canada Inc. does not control such Web sites and is not responsible for their contents, nor does its inclusion of hyperlinks to such Web sites imply any endorsement of the material on such Web sites or any association with their operators. Accordingly, User agrees to hold harmless Xynapse Canada Inc., its subsidiaries and affiliates, and the shareholders, officers, directors, employees, and agents of any of them against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including legal fees), and damages arising out of claims resulting from hyperlinking.

Modification of These Terms and Conditions

Xynapse Canada Inc. reserves the right to change this Agreement at any time by revising the terms and conditions herein. User is responsible for regularly reviewing these terms and conditions. Continued use of this Web site following any such changes shall constitute the User's acceptance of such changes.

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General Terms and Conditions

This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.

This Agreement shall be deemed to have been made in the Province of Ontario, Canada and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the law of the Province of Ontario, Canada, without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the provincial and federal courts for the Province of Ontario, Canada for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement. Both parties hereby consent to the jurisdiction of Ontario courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.

User acknowledges that no joint venture, partnership, employment, or agency relationship exists between the User and Xynapse Canada Inc. as a result of this Agreement or use of this Web site. User agrees not to hold himself or herself out as a representative, agent, or employee of Xynapse Canada Inc. and Xynapse Canada Inc. shall not be liable for any representation, act, or omission of the User.

Compliance by Xynapse Canada Inc. to the terms of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement diminishes Xynapse Canada Inc.'s right to comply with law enforcement requests or requirements relating to the User's use of this Web site or information provided to or gathered by Xynapse Canada Inc. with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

This Agreement constitutes the entire agreement between the User and Xynapse Canada Inc. with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Xynapse Canada Inc. with respect to this Web site.

Indemnification

As a condition of use of this Web site, the User agrees to indemnify Xynapse Canada, Inc., its subsidiaries and affiliates, and the shareholders, officers, directors, employees, and agents of any of them against and from any and all claims, demands, judgments, costs, liabilities, expenses (including legal fees), and damages arising out of claims resulting from User's use of this Web site.

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© 2004 Xynapse Canada, Inc. All rights reserved.

* Privacy Policy *

Copyright © 1995-2009 Xynapse Canada Inc.