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TERMS AND CONDITIONS OF USE

Last Update: October 6th, 2020

Please read these terms and conditions of use as set out below (the “Terms”) carefully before using the www.thegistsports.com web site (the “Service”). These Terms govern your access to and use of this Service, including the messages, information, data, text, software, images and other content that make up this site (the “Content,” which content is part of this Service). These Terms exempt The GIST Ltd. (“The GIST,” “we,” or “us”) and others from liability and/or limit our and their liability and contain other important provisions that apply to your use of this site.

1. Terms of Use of Service

Your use of this Service is conditional on your acceptance of these Terms. By visiting or using this Service you agree on your own behalf, and on behalf of any organization on whose behalf you may act (collectively referred to herein as “you”), to accept and abide by these Terms for each use of and each visit to this Service. You also acknowledge that you have read and understand our privacy statement available below (the “Privacy Statement”).

If you do not agree to abide by these Terms, you cannot use this Service or register to become a member of this Service. You agree to have these Terms and any related information made available to you, and to otherwise have communications between you and us occur, electronically.

We have the right, in our sole discretion, to add to, remove, modify or otherwise change any part of these Terms, in whole or in part, at any time. If we exercise this right, the “Last Update” notice at the top of this document shall be amended to reflect the last date of such changes. Changes will be effective as of the date the changes to these Terms are posted to this Service. It is your responsibility to check these Terms each time you access this Service to determine whether any changes have been made, including by checking the date of the “Last Update” at the top of these Terms. If any change to these Terms is not acceptable to you, you must discontinue your use of this Service immediately. Your continued use of this Service after any such changes are posted will constitute acceptance of those changes. These Terms apply exclusively to your use of this Service and do not alter the terms or conditions of any other agreement you may have with us.

We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Service, including: (a) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, this Service; (b) removing, adding, modifying or otherwise changing any fees or charges arising out of use of this Service or any features of this Service; and (c) removing, adding, modifying or otherwise changing any Content on this Service. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Service at any time without notice, but confirm that we have no duty to do so.

To use the Service, you must be 18 years of age or older and of at least the age of majority in the jurisdiction in which you reside as of the time you use the Service.

2. Limited Licenses

Subject to these Terms, including the use of cookies as described in our Privacy Statement to help personalize and maximize your experience with The GIST, you are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited right and license to use this Service, including the Content therein accessible through this Service, solely for informational purposes and solely for your own personal use or your internal business use if you are an Organization (as defined below).

You may not, nor may you cause or assist another to:

(a) modify, reverse engineer, decompile, create derivative works from, or disassemble this Service for any reason whatsoever, including for the purpose of creating competitive products or services;

(b) resell any Content or include any Content in or with any product that you create or distribute;

(c) copy any Content onto your own or any other web site or into a database or mobile application;

(d) use this Service in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Service or any other services, system resources, accounts, servers, networks, affiliated or linked sites connected to or accessible through this Service (including without limitation uploading, posting or otherwise transmitting on this Service any computer viruses, trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the infrastructure of this Service);

(e) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Service or the Content in whole or in part;

(f) use this Service to attempt to identify a particular individual, including by using filters, asking targeted questions, by applying any sort of mosaic theory, or by utilizing external utilities;

(g) use this Service in any manner that may dilute or depreciate our name or reputation, our Marks (as defined below) or our affiliates or associates; or

(h) interfere with any other persons’ use and enjoyment of this Service or of the Internet generally.

To the extent you are in breach of your obligations under these Terms, The GIST may investigate occurrences which may involve violations of such laws and co-operate with law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right at all times to disclose any information (including without limitation your personal information or your identity) regarding your usage of this Service (including any perceived violations of applicable law), in each case as may be permitted by or required to satisfy applicable law.

3. Membership and Accounts

If you wish to use certain functionality on the Service, you must register for an account to become a member of the Service (a “User”):

(a) Submission of such registration information does not guarantee that you will be granted membership to use the Service. Any personal information which The GIST collects via the Service is collected in accordance with our Privacy Statement. You hereby acknowledge that the collection, use and disclosure of your personal information pursuant to the Privacy Statement is for reasonable and appropriate purposes, and is with your knowledge and consent.

(b) You should not share your User name or password with any other person. You acknowledge and agree that you are responsible for all activity occurring under your User account, and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with use of the Service, including those related to data privacy, international communications and the transmission of technical or personal information. You shall: (A) notify us immediately at hi@thegistsports.com of any unauthorized use of any password or User account or any other known or suspected breach of security; and (B) not impersonate another person or provide false identity information to gain access to or use the Service. Without limitation, we may immediately remove or suspend any User account that falls, or is suspected of falling, under the scope of the foregoing paragraphs (A) or (B).

(c) If you become aware of an unauthorized access to your account, you must change your password and, if you feel the unauthorized access is detrimental to your usage of The GIST, notify us immediately. You agree to notify us promptly of any unauthorized use of your password and you will remain liable for any use of this Service to the extent permitted by law.

(d) You must not use this Service in any manner that is unlawful (including by accessing this Service from any location where such access may be illegal or prohibited), unethical, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others, including the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct, or is otherwise objectionable or which does not respect the legal rights and interests of others.

(e) If applicable, you represent that you have the authority to enter into these Terms on behalf of your company or other person on whose behalf you may be entering into these Terms (“Organization”).

(f) The Service may include advertisements, which may be targeted to content or information on the Service, queries made through the Service, or other information, in an effort to make them relevant to you. The types and extent of advertising by The GIST are subject to change. In consideration for The GIST granting you access to and use of the Service, you agree that The GIST and its third party providers and partners may place such advertising on the Service. If you wish to become an advertiser, you will be required to enter into separate and supplemental terms with us about providing advertising services on the Service.

In these Terms, “Postings” refer to the text, images, questions, comments, or other information posted by a User through this Service.

4. License and Permission to Use Your Content

By submitting, posting, or displaying Postings on the Service, you grant The GIST and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use your Postings in connection with the operation or use of the Service or the promotion, advertising or marketing of the Service or our business partners, in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for The GIST to make your Postings available to other companies, organizations, business partners, or individuals who collaborate with The GIST for the syndication, broadcast, communication and making available to the public, distribution or publication of your Postings on the Service or through other media or distribution methods. This license also includes the right for other users of the Service to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, and distribute, translate, communicate and make available to the public your Postings, subject to these Terms.

You represent and warrant to us that you own, or you have obtained all licenses or permissions from any necessary parties, to use Postings that you submit to The GIST and that these Postings violate no intellectual property or personal right of others or any applicable law or regulation. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with your Postings.

You acknowledge and agree that The GIST may preserve your Postings and may also disclose your Postings and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any of your Postings violate the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of The GIST, its Users, or the public.

You understand that we may modify, adapt, or create derivative works from your Postings in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish your Postings, in whole or part, at any time.

5. Proprietary Rights

This Service is protected by Canadian copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of this Service (including any element of the Content) by any person may be a violation of trademark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Service and to prevent any unauthorized copying, redistribution, reproduction or modification of this Service or any of the Content.

Certain names, graphics, logos, icons, designs, words, titles and phrases on this Service, including without limitation “The GIST,” constitute trademarks, trade names, trade dress and associated products and services of The GIST or its affiliates (the “Marks”) or constitute trademarks, trade names, trade dress and associated products and services of The GIST suppliers or other third parties (the “Third Party Marks”) and are protected in Canada and internationally and their display on this Service does not convey or create any licence or other rights in the Marks or the Third Party Marks. Any use of the Marks or the Third Party Marks, in whole or in part, without prior written authorization of The GIST or such third party, as applicable, is strictly prohibited.

6. Referral Program

As part of the Service, The GIST may offer a referral program to reward Users for recommending us to friends and family who sign on to become Users (the “Referral Program”). Once a User has made a certain amount of referrals (as listed on https://www.thegistsports.com/referral/, where such list and amounts may change from time to time at The GIST’s sole discretion), The GIST may send or provide the User a referral award (a “Referral Award”). The images of the Referral Awards on the Service are provided for reference only, and do not necessarily depict the actual Referral Award received. In the event The GIST decides to send you a Referral Award, the Referral Award is provided on an “as-is” and “as available” basis, and you (a) must be a current User; (b) must have supplied sufficient contact information for The GIST to provide or deliver the Referral Award to you; (c) must not be in breach of these Terms; and (d) must have complied with all applicable law (including Canada’s Anti-Spam Law) in generating the referrals.

The GIST reserves the right, at its sole discretion, to prohibit any User from participating in any aspect of the Referral Program. Referral Awards may be taxable, depending on the value of the item and the federal, provincial, state, and local tax laws applicable to you. You are solely responsible for reporting such items on their tax returns and paying any associated tax liability.

7. Transaction Terms

(a) Your use of certain services provided within the Service is contingent upon your payment of fees, as such fees are set out in the Service and as amended from time to time. Please note that prices and charges associated with this Service are set out in Canadian dollars.

(b) The GIST (or a third party payment processor on our behalf) will invoice you on a per transaction basis for all fees due with respect to the Service, as well as any processing fee charged to The GIST by our third party payment processor, if applicable.

(c) Payments may be processed on behalf of The GIST by a third party payment processor using their secure site. Upon submitting your order your information will be sent to the third party payment processor.

(d) You are responsible for and agree to pay promptly all charges to your account, including applicable taxes, generated by you or anyone you allow to access this Service using your account. You agree and accept responsibility for keeping all your account information current.

(e) The GIST reserves the right to change the prices, fees and charges associated with the Service at any time and from time to time without any notice or any liability to you or any other person. The GIST also reserves the right at any time to reject, cancel or terminate any transaction.

8. Linked Services

Certain links on this Service or in Postings made or shared through this Service may take you to other web sites that are not owned or operated by The GIST. The GIST provides these links only as a convenience. The GIST is not responsible for the content of any such linked web sites. The GIST makes no representation or warranty regarding, and does not endorse, such linked web sites, the information or other content appearing thereon or any of the products or services available on or through such web sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. We welcome you to link to this Service. However, you agree that if you link to this Service your website shall not (a) alter the visual presentation of this Service; (b) imply that The GIST is endorsing you or any other person, or your or such other person’s products or services; (c) imply an affiliation between you or any other person, or your or such other person’s products or services, and The GIST without the prior written consent of The GIST; (d) misrepresent the relationship of you or any other person with The GIST or present false, misleading or otherwise damaging information or impressions about The GIST or any of its products or services; or (e) contain materials that may be illegal or interpreted as distasteful, harmful, offensive, or inaccurate.

You acknowledge and agree that in no event will The GIST provide any form of remuneration for any links you may make to this Service.

9. Privacy Statement

Any personal information which The GIST collects via this Service is collected in accordance with The GIST’s Privacy Statement available below. When you interact with this Service, you hereby consent to our collection of information about you and your use of this Service, including but not limited to, the type of device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing plugins that load in your browser, that may be communicated to us.

10. User Communications

Any non-identifiable information gathered by us through your use of this Service may be used by us for our own marketing, promotional and product development purposes and more specifically may be stored in a database and used by us to identify, customize and personalize user access, and assess utilization of this Service. Such information may be shared with our affiliates, suppliers, licensors, partners and clients in furtherance of the forgoing purposes.

11. User Submissions (Solicited and Unsolicited)

(a) Subject to any applicable law and the requirements of our Privacy Statement:

(i) We do not wish to obtain unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. Accordingly, please do not send any unsolicited ideas, suggestions or other materials (“Submissions”) to us.

(ii) Any communications sent by you to us via this Service or otherwise, including Submissions, whether solicited by us or otherwise, are on a non-confidential basis (other than personal information which is covered under our Privacy Statement), and we are free to use and disclose the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trademark, patent, trade secret, unfair competition, moral rights, or implied contract) and you hereby waive such moral rights in favour of The GIST and its affiliates, licensees, successors and assignees. You also acknowledge that you have no right to receive any financial or other consideration in connection with such communication.

(b) We are not obliged to monitor, screen, police or edit your use of this Service, including any Postings or other content you or others may contribute to this Service, although we may choose to do so in our sole discretion. We will respond as we consider appropriate, in our sole discretion, if we become aware of any inappropriate uses of this Service, including without limitation use that constitute copyright infringement.

12. Disclaimer

We make no representation or warranty and there are no conditions of any kind regarding this Service, any Users, the Referral Program, any Referral Awards, the Content or the Postings, including without limitation any representation, warranty or condition regarding the accuracy, reliability, currency, or completeness of the Content or the Postings, including that they are appropriate or available for use at any locations outside Canada. Accessing the Service, the Referral Program, the Content or the Postings from locations where the Service, the Referral Program, the Content or the Postings is illegal is prohibited. Any diversion of the services and/or any Content or Postings obtained from or through the Service contrary to Canadian law is also prohibited. If you access this Service from locations other than Canada, then you do so on your own initiative and you are solely responsible for compliance with all applicable laws.

You acknowledge and agree that this Service (including without limitation the Users, the Referral Program, any Referral Awards, the Content and the Postings) is provided on an “AS IS” an “AS AVAILABLE” basis and that any use of or reliance on this Service shall be at your sole risk. We do not screen or censor the Postings.

THE GIST AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, TITLE, ACCURACY, COMPLETENESS OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THOSE ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THIS SERVICE (INCLUDING THE USERS, THE REFERRAL PROGRAM, ANY REFERRAL AWARDS, CONTENT OR POSTINGS). FOR GREATER CERTAINTY, THE GIST DOES NOT WARRANT THAT THIS SERVICE WILL (a) MEET YOUR REQUIREMENTS, (b) BE COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE OR ANY RELATED EQUIPMENT, (c) BE RELIABLE, ACCURATE, AUTHENTIC, CURRENT OR COMPLETE, (d) CONTINUE TO OPERATE, (e) OPERATE WITHOUT INTERRUPTIONS, OR (f) BE ERROR-FREE.

13. Limitation of Liability

YOU AGREE THAT IN NO EVENT WILL THE GIST AND ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY “THE GIST REPRESENTATIVES”) HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SERVICE, THE USERS, THE REFERRAL PROGRAM, ANY REFERRAL AWARDS, THE CONTENT AND THE POSTINGS FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS OR REVENUE, LOSS OF GOODWILL OR OTHER ECONOMIC LOSS), ARISING FROM OR IN CONNECTION WITH OR RELATING TO THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS SERVICE, THE USERS, THE REFERRAL PROGRAM, ANY REFERRAL AWARDS, THE CONTENT OR THE POSTINGS OR ANY CONTENT OF ANY LINKED WEB SITE, OR FAILURE OF SUCH WEB SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEB SITES, USERS, CONTENT OR POSTINGS, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEB SITES), EVEN IF WE OR ANY OF THE GIST REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.

YOU ACKNOWLEDGE THAT THE GIST ACTS AS TRUSTEE FOR THE GIST REPRESENTATIVES WITH RESPECT TO ALL RIGHTS CONTEMPLATED HEREUNDER ARISING IN FAVOUR OF A THE GIST REPRESENTATIVE. THE GIST AGREES TO ACCEPT SUCH TRUST AND HOLD AND ENFORCE SUCH RIGHTS ON BEHALF OF EACH THE GIST REPRESENTATIVE.

14. Indemnity

You will indemnify and hold The GIST Representatives harmless from and against any claims brought by third parties arising out of your use of this site, including the Referral Program, and any breach of these Terms by you, including any use of the Content other than as expressly authorized in these Terms. You agree that The GIST Representatives will have no liability in connection with any such breach or unauthorized use or modification, and agree to indemnify against any and all resulting loss, damages, judgments, awards, costs, expenses, and lawyers’ fees of The GIST Representatives in connection therewith.

15. Choice of law

You agree that all matters relating to the access to, or use of, this Service shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws.

Any dispute between us and you or any other person arising from, in connection with or relating to this Service, these Terms, any transaction through this Service or any related matters must be resolved before the Courts of the Province of Ontario, Canada sitting in the City of Toronto, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute.

16. Termination of Use

If you breach any provision of these Terms, then you may no longer use this Service. We, in our sole discretion, shall determine whether these Terms have been violated. You agree that we may, in our sole discretion, terminate or suspend your account with or without notice.

Upon termination or suspension of your account, regardless of the reasons therefore, your right to use this Service immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account, your Postings and all related information and files in your account and/or bar any further access to such files or this Service. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

17. General

These Terms constitute the entire agreement between us and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between us or our affiliates and you with respect to this subject matter. If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.

No waiver of or consent to depart from the requirements of any provision of these Terms will be binding unless it is in writing and signed by The GIST. You and The GIST are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms.

The provisions of these Terms will enure to the benefit of and be binding upon you and The GIST and its respective successors and assigns, and, if you are contracting as an individual, your heirs, executors, administrators and personal representatives. You may not assign these Terms or your rights and obligations under these Terms without our express prior written consent, which may be withheld in our sole discretion. We may assign these Terms and our respective rights and obligations under these Terms without your consent.

18. Notices

All notices to us shall be in writing and shall be made via email. Notices to us must be sent to the attention of our customer service representatives at hi@thegistsports.com. Notices to you may be sent, in our sole discretion, to the address or email address supplied by you as part of your membership. In addition, we may broadcast notices or messages through this Service to inform you of changes to this Service or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

19. Language

The parties have required that this agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y attachent soient rédigés en langue anglaise.

PRIVACY POLICY

This Privacy Policy sets out the manner in which The GIST Ltd. (“The GIST.”) collects, uses, discloses and otherwise manages the personal information of its customers. This Privacy Policy applies to the privacy practices on our website located at www.thegistnews.ca (the “Website”), on our social media, at our events, and any other interactions with our customers. By accessing the site, utilizing any of the services and/or registering with us, you signify that you have read, understood and agree to be bound by this policy.

Section 1 – Collection and Use of Information

Email Newsletter: With your permission, we will use your email address to send you emails about our news, website content, and other updates. You can unsubscribe from our emails at any time by following the instructions in the footer of our emails or by contacting us at hi@thegistnews.ca or 50 Camden Street Suite 703, Toronto, Ontario, M5V 3N1.

Comments: We may collect user content that you post to the Website, such as comments. Any content that you post will be accessible to other users of the Website and will be visible to the public so exercise caution when posting any personally identifiable information about yourself and others. We may use this content to monitor and/or improve our product and service offerings.

Social Media: When you interact with us on social media, we may collect certain information associated with your social media account (e.g., name, username, email address, profile picture, gender). We may use this information to personalize your experience on our Website and other platforms, to provide you with the services you request and to better understand our customers.

Contests: When you enter a contest or participate in our referral program, we may collect your name, address, phone number, email address, and other information you provide. We use this information to administer your participation in the contest. If a contest is jointly sponsored by us and one or more sponsors, your personal information may be shared with such sponsors, as specified at the time of collection of your personal information. We do not control the use, disclosure or security of your personal information by other sponsors, and recommend you review their respective privacy notices or statements.

Surveys: From time to time, we may offer you the opportunity to participate in one of our surveys. We use this information to help us understand our customers and to enhance our product and service offerings.

Customer Service: When you contact us with a comment, question or complaint, you may be asked for information that identifies you (such as your name, address and email address) along with additional information we need to help us promptly answer your question or respond to your comment or complaint. We may also retain this information to assist you in the future and to improve our customer service.

Section 2 – Disclosure of Information

We may disclose your personal information if we are required or permitted by law to do so.

Service Providers: We may transfer (or otherwise make available) your personal information to third parties who provide services on our behalf. For example, we may use service providers to administer our host our Website and send email communications. Your personal information may be maintained and processed by our third party service providers in the US or other jurisdictions. Our service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose personal information for their own marketing or other purposes.

Business Transactions: We may transfer any information we have about you as an asset in connection with a proposed or completed merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of The GIST Ltd. or as part of a corporate reorganization or other change in corporate control.

Legal: We and our Canadian, US and other service providers may provide your personal information in response to a search warrant or other legally valid inquiry or order, or to another organization in the case of a breach of an agreement or contravention of law, or as otherwise required or permitted by applicable Canadian, US or other law. We may also disclose personal information where necessary for the establishment, exercise or defence of legal claims and to investigate or prevent actual or suspect loss or harm to persons or property.


Billing Information: We will share your billing information with a third party service provider as necessary to process your payments. The third party service provider stores your billing information; we do not store this information. Storage by the third party service provider of your billing information is subject to the privacy policies and practices of the third party service provider and is not subject to the terms of this privacy policy. By providing your billing information, you acknowledge and agree to use of such information by the third party service provider for purposes of processing your payment to us.

Other: We may also use and/or share your information with, and you authorize us to use and/or share this information with:

- Our affiliates and promotional partners, so they can offer you special products, services, discounts, tickets, and other items or services. Likewise, we may receive information from such affiliates and promotional partners to offer our Users special items or services.

- We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising.

- We may sell or rent your information to third parties for marketing purposes without your explicit consent.

If you do not wish to receive marketing communications from us or participate in our ad-customization programs, simply indicate your preference or by following the directions provided with the communication or advertisement.

Section 3 – Links

When you click on links on our Website, they may direct you away from our Website. We are not responsible for the privacy practices of other sites and encourage you to read their privacy policies.

Section 4 – Security

We and our service providers have implemented measures designed to protect personal information in our custody and control, including appropriate measures to protect the safety of payment card information. We maintain reasonable administrative, technical and physical safeguards in an effort to protect against unauthorized access, use, modification and disclosure of personal information in our custody and control.

Section 5 – Cookies & Technical Information

In general, you can visit our Website without telling us who you are or submitting any personal information. However, when you browse our Website, we automatically receive your computer’s internet protocol (IP) address or device identifier and other related information such as page requests, browser type, operating system and average time spent on our Website. We use this information to help us understand our Website activity, and to monitor and improve our Website.

Cookies: Our Website uses a technology called “cookies”. A cookie is a tiny element of data that our Website can send to your browser, which may then be stored on your hard drive. These cookies may let us know who you are and will provide us and our service providers with information that we use to remember your password or personalize our Website in accordance with your preferences. We may also use cookies for analytics purposes. You may set your Web browser to notify you when you receive a cookie or to not accept certain cookies. However, if you decide not to accept cookies from our Website, you may not be able to take advantage of all of the features of our Website.

Tracer Tags & Web Beacons: Our Website may also use a technology called “tracer tags” or “Web Beacons”. This technology allows us to understand which pages you visit on our Website or what e-mail communications you receive and open. For example, the information we collect through this technology may include the first date and time you open our e-mail, and whether you click any links included in our e-mail. These tracer tags are used to help us optimize and tailor our Website for you and other future visitors to our Website.

Advertising: We may use third party advertising companies to serve advertisements on our Website and on other websites. These companies may use cookies, tracer tags or web beacons to report certain information about your visits to our Website and other websites (such as web pages you visit and your response to ads) in order to deliver ads that are more relevant to you, both on and off our Website. To learn more about this practice and to opt-out of having your information used by these companies for online behavioural advertising purposes, please visit http://youradchoices.ca/choices.

Section 6 – Age of Consent

By using this Website, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website.

Section 7 – Access to Personal Information

You have the right to access, update, and correct inaccuracies in your personal information in our custody and control, subject to certain exceptions prescribed by law. You may request access, updating and corrections of inaccuracies in your personal information by emailing or writing to us at the contact information set out below. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to their personal information records.

Section 8 – Changes to this Privacy Policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the Website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

Section 9 – Questions and Contact Information

If you would like to: access, correct, or amend any personal information we have about you, register a complaint, or simply want more information about the way in which we or our third party service providers treat your personal information, contact us at hi@thegistnews.ca or by mail at:

The GIST Ltd.
545 King Street West
Toronto, ON, M5V 1M1
Canada

Last Updated July 31, 2018