Consumer Privacy Statement
Falun Dafa Canada (“FDC”) is committed to preserving and safeguarding your right to
privacy and complying with the Personal Information Protection and Electronic Documents
Act (“PIPEDA”) and appliable provincial privacy legislation. We have prepared this
Privacy Policy to let you know about the manner in which we collect, use, disclose, and
otherwise manage the personal information you entrust to us in connection with our
LearnFalunGong.com (“Website”).
Collection and Use of Personal Information
We may collect personal information that you provide when you participate in any of the
following activities:
- visit our Website or register for a service offering on our Website
- contact us via our contact information posted on our Website
When you call one of our customer service representatives or email us with a comment or
question, you may be asked for information that identifies you such as your name,
address, and telephone number, which we need to help us promptly answer your question.
We may retain this information to assist you in the future.
You do not have to register to browse our Website. When you register for a service
offering on our Website, you may be asked for personal information such as your name,
phone number, and email address. We may also offer eNewsletters to those who request
this service, and you may be asked for personal information such as your name and email
address. We use this information to identify you and to provide you with the service or
information you requested.
We collect the IP (Internet protocol) addresses of all visitors to our Website as well
as other related information like page requests, browser type, operating system, and
average time spent on our Website. We use this information to monitor and improve our
Website.
Our Website uses “cookies,” small pieces of data that our Website can send to your
browser, which may then be stored on your hard drive so we can recognize you when you
return. If you have registered with our Website, these cookies (1) may identify you and
(2) provide us and our service providers with information that we will use to
personalize our Website in accordance with your preferences. You may set your web
browser to notify you when you receive a cookie. However, should you decide not to
accept cookies from our Website, you may limit the functionality we can provide when you
visit.
Our Website may also use a technology called "tracer tags." These may also be referred
to as “Clear GIFs” or “Web Beacons.” This technology allows us to understand which pages
you visit on our Website. These tracer tags are used to help us optimize our Website and
provide the best content for you and other future visitors to our Website.
You can unsubscribe from any FDC eNewsletter list at any time by clicking the
unsubscribe link provided in each of our eNewsletters, or by emailing us at
[email protected], or by calling or texting us at (343) 688-1290.
When You Provide Us With Feedback or Suggestions
We use your feedback, suggestions, survey information and comments solely to monitor
and/or improve the use and features of our Website and our service offerings.
Disclosure of Personal Information
FDC will not disclose, transfer, rent, sell, or otherwise disclose your personal
information, without your prior consent (by way of providing you with an opportunity to
opt-out), except as otherwise set forth in this Privacy Policy.
Disclosure to Service Providers
Certain personal information may be disclosed to third parties solely for the purpose of
processing your request. All of our service providers are contractually prohibited from
using or disclosing your personal information for any purpose other than providing the
services on behalf of FDC.
Legal Disclosure
FDC must provide your personal information in response to a search warrant or other
legally valid inquiry or order, or to an investigative body in the case of a breach of
an agreement or contravention of law, or as otherwise required by law.
Third-Party Links
FDC provides links to third-party websites as a convenience to the user. The inclusion
of any link does not imply FDC’s endorsement of any other company, its websites, or its
products and/or services. These linked websites have separate and independent privacy
policies that we recommend you read carefully. We have no control over such websites and
therefore have no responsibility or liability for the manner in which the organizations
that operate such linked websites may collect, use, disclose, or otherwise treat your
personal information.
Security of Personal Information
We will maintain the confidentiality of all personal information in our custody and
control and will only disclose such information to authorized personnel and authorized
service providers who require such information for the purposes described in this
Privacy Policy. We maintain administrative, technical, and physical safeguards to
protect against unauthorized access, use, modification, and disclosure of personal
information in our custody and control.
Changes to This Privacy Policy
This Privacy Policy will be updated periodically to reflect any changes to how we handle
personal information. We will treat your personal information in accordance with the
Privacy Policy in place at the time of collection of such information, or as you
otherwise consent.
How to Contact Us
We want to assure you that FDC is dedicated to protecting your privacy. Please feel free
to contact us at any time if:
- you have any questions or comments about this Privacy Policy
- you would like to terminate your registration with our Website
- you wish to access and/or correct your personal information
- you no longer wish to receive materials from FDC
-
you have a complaint about the manner in which FDC treated your personal information
You can contact us by emailing us at [email protected] or by calling or texting
us at (343) 688-1290.
Terms of Use
Welcome to Falun Dafa Canada (“us”, “we”, or “our”). These Terms of Use apply to the
website LearnFalunGong.com (the “Website”). The Website shall be referred to as the
“Digital Service.”
These Terms of Use apply to all visitors to and users of the Digital Service (“Users”),
whether or not you have registered or subscribed for any of the services offered on the
Digital Service, including any mobile version thereof. By accessing or using the Digital
Service, you signify that you have read, understand, and agree to be bound by these
Terms of Use (“Terms of Use” or “Agreement”).
We reserve the right, at our sole discretion, to change, modify, add, or delete portions
of these Terms of Use at any time. If we do this, we will post the changes to these
Terms of Use on this page and will indicate at the top of this page the date these terms
were last revised. Your continued use of the Digital Service after any such changes are
posted constitutes your acceptance of the new Terms of Use. If you do not agree to abide
by these or any future Terms of Use, do not use or access (or continue to use or access)
the Digital Service.
PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY CAREFULLY, AS THEY CONTAIN
IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE
INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS
HOW DISPUTES WILL BE RESOLVED.
Privacy
We care about the privacy of our Users. We have established a Privacy Policy to govern
how User information is collected and used. By registering, accessing, or using the
Digital Service, you are signifying your acknowledgment and agreement to the Falun Dafa
Canada Privacy Policy.
Accuracy of Registration Information
In consideration of your use of the Digital Service, you agree to (a) provide accurate,
current, and complete information about you as may be prompted by any registration forms
on the Website (“Registration Data”); (b) maintain and promptly update the Registration
Data, and any other information you provide, to keep it accurate, current, and complete;
and (c) be fully responsible for all use of your account and for any actions that take
place using your account.
You agree to immediately notify us of any unauthorized use, or suspected unauthorized
use, of your Registration Data or any other breach of security.
Proprietary Rights in Site Content
All content on the Digital Service, including designs, text, graphics, pictures, video,
information, applications, software, music, sound, and other files, and their selection
and arrangement, are the property of Falun Dafa Canada or its licensors, with all rights
reserved. No Digital Service Content may be modified, copied, distributed, framed,
reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in
any form or by any means, in whole or in part, without our prior written permission.
Such unauthorized use may also violate applicable laws including copyright and trademark
laws and applicable communications regulations and statutes. Unless explicitly stated
herein, nothing in these Terms of Use shall be construed as conferring any licence to
intellectual property rights, whether by estoppel, implication, or otherwise.
Trademarks
Falun Dafa Canada graphics, logos, designs, page headers, button icons, scripts, and
service names are registered trademarks, trademarks, or trade dress in Canada and/or
other countries. Our trademarks and trade dress may not be used, including as part of
trademarks and/or as part of domain names, in connection with any product or service in
any manner that is likely to cause confusion, and may not be copied, imitated, or used,
in whole or in part, without our prior written permission.
Mobile Services
The Digital Service may include certain services that are available via your mobile
phone. Your carrier’s normal messaging, data, and other rates and fees will apply. You
should check with your carrier to find out what plans are available and how much they
cost. In addition, downloading, installing, or using certain mobile services may be
prohibited or restricted by your carrier, and not all mobile services may work with all
carriers or devices. Therefore, you should check with your carrier to find out if the
mobile services are available for your mobile devices, and what restrictions, if any,
may be applicable to your use of such mobile services. By using the mobile services, you
agree that we may communicate with you regarding the Digital Service by SMS, MMS, text
message, or other electronic means to your mobile device and that certain information
about your usage of the mobile services may be communicated to us.
Third-Party Websites and Content
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 Content”). Such
Third-Party Content is not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any Third-Party
Sites accessed through the Website or any Third-Party Content posted on, available
through, or installed from the Website, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other policies of or contained in the
Third-Party Sites or the Third-Party Content. Inclusion of, linking to or permitting the
use or installation of any Third-Party Websites or any Third-Party 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 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 websites to which you navigate from the Website or relating to any
applications you use or install from the Website.
Acceptable Site Use
Security: Users are prohibited from violating or attempting to violate the security
measures on this site, including, without limitation:
-
attempting to probe, scan, or test the vulnerability of a system or network or to
breach security or authentication measures without proper authorization;
-
forging any TCP/IP packet header or any part of the header information in any email or
newsgroup posting;
-
hijacking all or any part of the site content, deleting or changing any site content,
or linking to the site without our specific written permission;
-
attempting to interfere with service to any User, host, or network, including, without
limitation, via means of overloading, "flooding," "mailbombing," or "crashing";
-
sending unsolicited email, including promotions and/or advertising of products or
services.
Violations of system or network security may result in civil or criminal liability. We
will investigate occurrences that may involve such violations, and we may involve and
cooperate with law enforcement authorities in prosecuting Users who are involved in such
violations.
Submissions
If you contact this site in order to submit your comments, ideas, or other materials of
any kind, we reserve the right to consider all such materials voluntarily submitted by
Users as non-confidential and free of any claims of proprietary or personal rights.
Disclaimers
Neither we nor our agents or representatives are responsible or liable in any manner for
any Third-Party Content posted on the Digital Service or in connection with the Service.
We do not control and are not responsible for any offensive, inappropriate, obscene,
unlawful, or otherwise objectionable content you may encounter on the Digital Service in
connection with any Third-Party Content.
The Digital Service may be temporarily unavailable from time to time for maintenance or
other reasons. We are not responsible for any technical malfunction or other problems of
any telephone network or service, computer systems, servers or providers, computer or
mobile phone equipment, software, failure of email or players on account of technical
problems or traffic congestion on the Internet or at any Digital Service or combination
thereof, including injury or damage to any person’s computer, mobile phone, or other
hardware or software, related to or resulting from using or downloading materials in
connection with the Digital Service, including any Mobile Service. Under no
circumstances will we be responsible for any loss or damage resulting from anyone’s use
of the Website or the Service or Third-Party Content posted on or through the Digital
Service.
THE DIGITAL SERVICE (INCLUDING MOBILE SERVICES) AND ALL DIGITAL SERVICE CONTENT ARE
PROVIDED “AS-IS”. FALUN DAFA CANADA DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES,
AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE CANNOT
GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE DIGITAL SERVICE. WE DO
NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT, OR MATERIALS ON THE DIGITAL SERVICE ARE
ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, OR THAT THE DIGITAL SERVICE IS
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN
THE USE AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE
TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND
AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA, OR SOFTWARE
(INCLUDING ANY MOBILE SERVICE) FROM OR THROUGH THE DIGITAL SERVICE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY
DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY
KIND THAT MAY RESULT. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS
IN SUCH CONTENT.
We reserve the right to change any and all content, software, and other items used or
contained in the Digital Service offered through the Digital Service at any time without
notice. Reference to any products, services, processes, or other information, by trade
name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply
endorsement, sponsorship, or recommendation thereof, or any affiliation therewith.
Limitation on Liability
IN NO EVENT WILL FALUN DAFA CANADA OR ITS DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING ANY LOST INCOME OR LOST
DATA OR DAMAGE TO ANY COMPUTER SYSTEM, ARISING FROM YOUR USE OF THE DIGITAL SERVICE, OR
ANY OF THE DIGITAL SERVICE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH, OR
DOWNLOADED FROM THE SITE, EVEN IF WE ARE IS AWARE OR HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE.
YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID FOR USE OF THE DIGITAL SERVICE GIVING RISE TO A
CLAIM, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY
LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND, REGARDLESS OF THE CAUSE OF
ACTION.
Term & Termination
Subject to this Section, these Terms of Use will remain in full force and effect while
you use the Digital Service. We reserve the right, at our sole discretion, to limit or
terminate access to the Digital Service and/or prohibit you from using or accessing the
Digital Service (or any portion, aspect, or feature of the Digital Service) for any
reason, or no reason, at any time in our sole discretion, with or without notice.
Without limiting the generality of the foregoing, we may at our sole discretion limit
access to the Digital Service and/or suspend or terminate the registration,
subscription, or membership of any party who violates these Terms of Use.
Governing Law; Venue and Jurisdiction
These Terms of Use shall be governed and construed in accordance with the laws of the
Province of Ontario and the federal laws of Canada applicable therein, without giving
effect to its conflict of laws provisions. The User hereby irrevocably consents to the
jurisdiction of the Courts in the Province of Ontario with respect to any matters of
issue herein.
Arbitration
YOU AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON
THE DIGITAL SERVICE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND
EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR
ARISING OUT OF THESE TERMS OF USE OF THE DIGITAL SERVICE (INCLUDING YOUR VISIT TO OR USE
OF THE DIGITAL SERVICE) SHALL BE FINAL AND BINDING ARBITRATION. Any arbitration shall be
conducted in Toronto, in English, by a single arbitrator in accordance with the
Arbitration Act (Ontario).
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE
TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY
ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO
CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action,
or proceeding by you related in any way to the Digital Service (including your visit to
or use of the Digital Service) be instituted more than two (2) years after the cause of
action arose.
Indemnity
You agree to indemnify and hold Falun Dafa Canada, its parents, 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 attorney’s fees, arising out of or in connection with
any violation of this Agreement or of any law or the rights of any third party.
Other
These Terms of Use constitute the entire agreement between you and us regarding the use
of the Digital Service, superseding any prior agreements between you and us relating to
your use of the Digital Service. Our failure to exercise or enforce any right or
provision of these Terms of Use shall not constitute a waiver of such right or provision
in that or any other instance. If any provision of this Agreement is held invalid, the
remainder of this Agreement shall continue in full force and effect. If any provision of
these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severable from these Terms of Use and shall not affect
the validity and enforceability of any remaining provisions.