Last updated on February 4, 2009.
At KEEN Canada Outdoor, Inc. (operating KEEN Canada and KEENcanada.ca) the protection of your personal information has always been a top priority. KEEN’s Policy regarding the collection, use and disclosure, if any, of personal information can be broken down into the 10 principles covered in Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”).
KEEN is responsible for personal information under its control.
We have designated a Privacy Officer who is accountable for our compliance with this Policy and all applicable privacy laws.
All KEEN employees are responsible for day-to-day compliance.
When we use trusted third parties to act on our behalf by performing such functions as fulfilling orders, delivering packages, processing credit card payments or providing customer service, contractual or other appropriate means are used to ensure compliance by such third parties with this Policy and all applicable privacy laws.
2. Identifying Purposes
Unless the purpose is self-evident due to the nature of the transaction in question, KEEN will identify the purposes for which personal information is collected at or before the time the information is collected.
An example of a self-evident purpose is requesting the name and address of the person placing an order in order to ensure proper delivery.
We will collect, use or disclose your personal information only with your knowledge and consent, except where required or permitted by law.
KEEN will not make your consent a requirement to the supply of a product or a service other than required to be able to supply the product or service.
Consent can be express or, in some circumstances, implied, and given in writing, by using or not using a check-off box, electronically, orally (in person or by telephone), or by your conduct, such as use of a product or service.
In determining the type of consent to obtain, KEEN will consider all relevant factors, including the sensitivity of the information and your reasonable expectations.
You may withdraw your consent at any time, on reasonable notice, subject to legal or contractual restrictions. KEEN will inform you of the implications of doing so.
4. Limiting Collection
The collection of personal information by KEEN will be limited to what is necessary for the purposes which it identifies.
We will collect personal information by fair and lawful means.
5. Limiting Use, Disclosure, and Retention
Personal information will not be used or disclosed for purposes other than those for which it was collected, except with your consent or as required or permitted by law.
It will be retained only as long as necessary for these purposes or as required by law.
We will keep your personal information as accurate, complete and up-to-date as necessary for the purposes for which it is to be used.
KEEN will protect personal information by security safeguards appropriate to the sensitivity of the information, including through the use of the following measures: physical (e.g., locked filing cabinets, restricted access, appropriate disposal of personal information), organizational (e.g., security clearances, access only on a “need to know” basis), technological (e.g., passwords, encryption) and training of employees.
Information about our policies and practices relating to the management of personal information will be made readily available to individuals.
9. Individual Access
Upon request, KEEN will inform you of the existence, use and disclosure of personal information relating to you, and give you access to that information. You have the right to challenge the accuracy and completeness of your information and have it amended as appropriate.
However, in certain circumstances permitted by law, this information will not be disclosed to you. Some examples of these circumstances are information that contains references to other individuals, that cannot be disclosed for legal, security or commercial proprietary reasons, or that is subject to solicitor-client or litigation privilege.
We do not knowingly collect or solicit personal information from anyone under the age of eighteen or knowingly allow such persons to register. If you are under the age of eighteen, please do not attempt to register or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from an individual under the age of eighteen, we will remove that information as quickly as possible. If you believe that we might have any information from or about a person under the age of eighteen, please contact us at info@KEENcanada.ca.
10. Contacting us and/or Challenging Compliance
For anything to do with this Policy, including questions or comments, or to challenge our compliance with this Policy, please contact us as follows:
R. Hanna, Privacy Officer
KEEN Canada Outdoor, Inc.
105 Strowger Boulevard, PO Box 1778
KEEN will inform individuals who make enquiries or lodge complaints about its enquiry or complaint procedures, as applicable. If a complaint is found to be justified, we will take appropriate measures, including, if necessary, amending our policies and practices.
Of course, this Policy is subject to PIPEDA and/or any other applicable privacy laws and KEEN’s right to change it at any time.
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WEBSITE TERMS AND CONDITIONS
Last updated on February 4, 2009.
If you do not comply with this Agreement at any time, We reserve the right to cancel or terminate Your access to the Website (or any part thereof) and/or Your user account, if any. In KEEN’s sole discretion and without prior notice or liability, We may discontinue, modify or alter any aspect of the Website including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Website. You agree that any termination or cancellation of Your access to, or use of, the Website may be effected without prior notice. If You do not abide by the terms of this Agreement, You agree that we may immediately deactivate or delete Your user account, if any, and all related information and/or files in Your user account and/or bar any further access to such information and/or files and/or the Website (or part thereof). Further, You agree that We shall not be liable to You or any third-party for any termination or cancellation of Your access to, or use of, the Website. You acknowledge that Your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Website, or any policies or practices by KEEN in providing the Website, including without limitation any change in content, is to cease using the Website and cancel or terminate Your subscription or registered user account, as applicable. Although KEEN does not constantly monitor the Website, it nevertheless expressly reserves the right to do so.
From time to time, We may supplement this Agreement with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement.
KEEN controls KEENcanada.ca from its offices within the Province of Ontario, Canada. The Website can be accessed from all provinces and territories of Canada and from other countries around the world. As each of these jurisdictions have laws that may differ from those of the Province of Ontario, by accessing the Website, You agree that all matters relating to access to, or use of, the Website, or any other hyperlinked website, shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You also agree and hereby submit to the non-exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledge that You do so voluntarily and are responsible for complying with all local laws.
Certain portions, components, content and features of the Website are only available to individuals who register with KEEN and create a user account on the Website (each, a “Registered User”). If you are a Registered User then You agree to the following:
i) In consideration of Your use of the Website, You represent that You are eighteen years of age (18 ) or older and are not a person barred from receiving services under the laws of the Province of Ontario and the federal laws of Canada or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Website (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, KEEN has the right to suspend or terminate Your account and refuse any and all current or future use of the Website (or any portion thereof).
ii) Please choose carefully the information You post on the Website and that You provide to other users. Your profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other users (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and KEEN assumes no responsibility or liability for this material. You are solely responsible for Your interactions with other users of the Website.
iii) Registered Users will receive a password and account designation upon completing the Website registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify KEEN of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session.
iv) As a Registered User of the Website we may, from time to time, email to you publicly available information about other Registered Users of the Website, at our discretion.
vi) As a Registered User of the Website, you agree that you are responsible for managing your privacy and email settings, which you can access at any time by signing in and visiting the Privacy & Email Settings page. A link to this page is always available on the left hand column of your profile page, directly under your ‘About Me’ information. On this page, you can select what information is publicly shared about your profile. Note: settings are defaulted to ‘public’. You may also indicate how you wish to be notified of on-site activity on this page by managing your email settings including subscription to the Weekly Community Update email and triggered Community Alerts.
ACCEPTABLE USE POLICY
Your privilege to use the Website (including the KEEN Community) and contribute to discussions on the KEEN Community depends on Your compliance with the community standards and AUP. We may revoke Your privileges to use all or a portion of the Website and/or take any other appropriate measures to enforce community standards and the AUP if violations are brought to our attention. Further, if you fail to adhere to the community standards and the AUP, We may terminate, in KEEN’s sole discretion, Your use of, or participation in, the KEEN Community. For the purposes of this Agreement, the term “KEEN Community” means any chat room, message board, bulletin board, book review exchange or similar activity where You and other users of the Website can communicate.
All KEEN Community communications, including, but not limited to, chat and message board communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of the Website (including any KEEN Community) for adherence to the community standards and the AUP or for any other purpose. You acknowledge that by providing you with the ability to distribute Submissions (as defined below) in the KEEN Community, We are acting as a passive conduit for such distribution and We are not undertaking any obligation or liability relating to any Submissions or activities in the KEEN Community. Although We reserve the right to remove, without notice, any KEEN Community posting for any reason, We have no obligation to delete Submissions that You may find objectionable or offensive.
KEEN Canada Outdoor, Inc., KEEN Canada, Chapters, KEENcanada.ca and related words, domain names and logos are trade-marks and the property of KEEN. All other trade-marks, product names and company names or logos cited herein are the property of their respective owners.
The material contained on KEENcanada.ca, including all portions of the Website, content, site design, text, graphics, and the selection and arrangement thereof are Copyright KEEN Inc. and KEEN Canada Outdoor, Inc., ALL RIGHTS RESERVED.
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 Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by KEEN, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or 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 Applications, Software or 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 site to which You navigate from the Website or relating to any applications You use or install from the Website.
Users posting a link to the Website on a Third Party Sites must ensure they do not contain any web content that if shared or posted by a User would be a violation of the User conduct rules set forth above. Without limiting the forgoing, Users agree not to post a link to any website that does not contain, and does not represent and warrant that such website does not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose KEEN or its Users to any harm or liability of any type. Upon including of a link, Users agree to defend, indemnify and hold KEEN, its 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 legal fees, arising out of or in connection with any links, content, or other items or materials which may be shared or posted through links, or any breach or alleged breach of the foregoing representations and warranties.
By including a link to the Website on a Third Party Site, User automatically grants, and represents and warrants that it has the right to grant, to KEEN an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use the Website in order to link to, use, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), summarize, and distribute the content, links and other materials of any kind residing on any web pages on which User places the link.
THE WEBSITE AND THE INFORMATION OR MATERIALS HEREIN ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS. KEEN MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, OF ANY KIND WITH RESPECT TO THE WEBSITE OR THE SITE CONTENT. KEEN DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY USING OR ATTEMPTING TO USE THE WEBSITE, THE USER EXPRESSLY ACKNOWLEDGES THAT KEEN MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS REGARDING THE SITE CONTENTINCLUDING BUT NOT LIMITED TO CURRENCY, ACCURACY OR COMPLETENESS; AND (ii) AS A SERVICE TO USERS OF THE WEBSITEKEEN INCLUDES LINKS TO THIRD PARTY SITES OVER WHICH KEEN HAS NO CONTROL. KEEN PROVIDES NO ENDORSEMENT OR REPRESENTATION OF ANY KIND REGARDING THE PRODUCTS, SERVICES, CONTENT OR APPROPRIATENESS OF CONTENT OF SUCH THIRD PARTY SITES, AND THE USERS HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST KEEN WITH RESPECT TO SUCH THIRD PARTY SITES.
EXCEPT AS SPECIFICALLY STATED ON THE WEBSITE, NONE OF KEEN OR ANY OF ITS RESPECTIVE DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, OR ANY HYPERLINKED WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
WHILE WE TAKE GREAT CARE TO ENSURE OUR ADVERTISING IS ACCURATE, MISTAKES MAY OCCUR. WHEN A MISTAKE IS NOTICED WE WILL CORRECT IT AS SOON AS POSSIBLE AND WILL NOTIFY CUSTOMERS WHO ARE AFFECTED. WHERE NECESSARY, AN ORDER MAY BE CANCELLED PRIOR TO SHIPPING THE PRODUCT. ALL PRICES QUOTED ARE IN CANADIAN DOLLARS.
KEEN RESERVES THE RIGHT TO LIMIT QUANTITIES.
In any action against us arising from the use of the Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable legal fees.
We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.
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Last updated on February 4, 2009.
KEEN Canada Outdoor, Inc. (“KEEN”) has established this acceptable use policy (this “Acceptable Use Policy”) for the purpose of governing the responsible use by KEEN’s customers and others (collectively, “Users” and each, individually, a “User”) of the Website (as defined in the “Term of Use”) provided by KEEN.
A User may use the Website only for lawful purposes. Without limiting the generality of the foregoing sentence, a User shall not use the Website for the purpose of transmitting, storing or otherwise dealing with material: (a) in a manner that violates any applicable law, rule, statute or regulation; (b) in a manner that infringes the intellectual property rights of others; (c) in a manner that violates or infringes any privacy, publicity or other personal rights of others; (d) in a manner that is obscene, threatening, abusive or otherwise antisocial; or (e) which contains a virus, worm, or other harmful component.
Messaging, Posting and Chatting
A User may not send unsolicited e-mail, forum, chat or other similar messages, such as bulk commercial advertising or informational announcements (“spam”) in a manner that could be reasonably expected to adversely impact the Website or the business of KEEN. Examples of such practices include, but are not limited to, using an e-mail account to send spam, or using another provider to send spam, or promoting a site hosted on or connected to the Website in order to: (a) send e-mail messages which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send messages with forged, altered or removed header information, (d) send malicious e-mail, including, without limitation, “mailbombing”, (e) send or receive e-mail messages in a manner that violates the use policies of any other Internet service provider, or (f) use an e-mail box exclusively as a storage space for data.
Forums and Community Groups
A User who posts messages to a group or community forum is responsible for becoming familiar with any rules and etiquette governing use of such newsgroups and complying with same. In any event a User may not: (a) post the same message, or a series of similar messages, to one or more forums (i.e., excessive cross-posting or multiple-posting), (b) cancel or supersede posts not originally posted by such User, unless such User does so in the course of his/her duties as an official newsgroup moderator, (c) post any messages with forged packet header information, or (d) post messages that are excessive and/or intended to annoy or harass others, including, without limitation, chain letters.
A User is prohibited from violating or attempting to violate the security of the Website, including, without limitation: (a) accessing data not intended for such User, including logging into a server or account which the User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization, (c) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of “denial of service” attacks, overloading, “flooding”, “mailbombing” or “crashing”, (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) disrupt network nodes or network services or otherwise restrict, inhibit, disrupt or impede KEEN’s ability to monitor or make available the Website, or (f) taking any action in order to obtain services to which the User is not entitled. Violations of system or network security may result in civil or criminal liability. KEEN will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any User who is involved in such violations.
Any User that KEEN determines, in its sole discretion, to be in violation of any provision of this Acceptable Use Policy may be subject to KEEN suspending or terminating the User’s access without the necessity of issuing a warning. At all times, KEEN shall have the discretion to take such action as KEEN deems necessary, in its sole discretion, to preclude a violation, and KEEN shall not be liable for any damages of any nature suffered by any User, or third party resulting in any manner whatsoever from KEEN’s exercise of its rights under this Acceptable Use Policy.
Although KEEN does not constantly monitor the Website, it nevertheless expressly reserves the right to do so. KEEN bears no responsibility or liability for any information that was not posted to the Website by KEEN. KEEN bears no responsibility or liability for the content of any other websites linked to or from the Website; these links are provided by KEEN as Internet navigation tools only.
KEEN reserves the right to modify this Acceptable Use Policy at any time in its sole and absolute discretion. Changes and modifications will be effective when posted on the Website and any use by a User of the Website after the posting of any changes shall be deemed to be acceptance by a User of such changes.
Reporting, Libel and Defamation
If you become aware of misuse of the Website services by any person, You must report it to KEEN.
You understand that except for advertising programs offered by KEEN and its Website the Website is available for Users’ personal, non-commercial use only. Users represent, warrant and agree that no materials of any kind submitted through a registered account or otherwise posted, transmitted, or shared by Users on or through the Website will contain libelous, defamatory or otherwise unlawful material.
Without limiting the generality of the foregoing, You also agree not to use the Website to do the following:
harvest or collect contact information of other Users from the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
use automated scripts to collect information from or otherwise interact with the Website;
upload, post, transmit, share, store or otherwise make available any content that KEEN deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
register for more than one account, register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
upload, post, transmit, share, store or otherwise make publicly available on the Website any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social insurance numbers and credit card numbers;
solicit personal information from anyone under the age of majority or solicit passwords or personally identifying information for commercial or unlawful purposes;
upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
intimidate or harass another;
upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, national or international law;
use or attempt to use another’s account, service or system without authorization from KEEN, or create a false identity on the Website; and
upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of KEEN, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose KEEN or its Users to any harm or liability of any type.