Privacy Policy

PRIVACY, TERMS OF USE, DISCLAIMER AND PURCHASE POLICY

Please read the following Privacy, Terms of Use, Disclaimer and Purchase Policy ("Policy") before using this Web Site ("Site"). By using this Site, you agree to this Policy. Kinetico Canada Incorporated ("Kinetico") reserves the right to modify, alter or update this Policy. Effective Date: This Policy was last updated on February___, 2020. This Site is controlled by Kinetico from its location in Bolton, Ontario, Canada. It may be accessed from any other province as well as other countries. Because each of these places have laws that may differ from those of Ontario's, by accessing this Site you agree that the laws of Ontario will apply to all matters arising out of the use of this Site. This Policy represents the only agreement between us regarding the use of this Site for any purpose.

Important Information

We want your visit to our site to be as informative and convenient as possible. In order to maximize your benefit, please review the following Policy designed to enrich your experience.

Site Access

We hereby grant you permission to use the Site in accordance with the Policy, provided that:

  1. your use of the Site is solely for your personal use;
  2. you will not copy or distribute any part of the Site in any medium or manner inconsistent with the Policy without our prior written consent;
  3. you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and
  4. you will otherwise comply with the Policy.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to the Kinetico servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site.

Privacy and Use of Personal Information

We are committed to respecting your privacy and providing you proper protection and management of any Personally Identifiable Information you choose to share. "Personally Identifiable Information" consists of any information by which you can be personally identified or contacted, such as your first and last name, home or other physical address (including street name and name of a city or town), telephone number, e-mail address, or social security number.

Your privacy is important to us. We will not sell, rent, loan or otherwise provide any of your personal information to any third-party entity without your permission, except in the case of providing information to our authorized dealers, distributors and sales agents so they may assist you with water analyses and other water treatment information.

We may also share your personal information with other companies or individuals in the following limited circumstances:

  • We have your consent.
  • We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to
    • (a) satisfy any applicable law, regulation, legal process or enforceable governmental request,
    • (b) enforce the Policy including investigation of potential violations thereof,
    • (c) detect, prevent, or otherwise address fraud, security or technical issues, or
    • (d) protect against imminent harm to the rights, property or safety of our users, us or the public as required or permitted by law.

Collecting Your Information

We implement and maintain procedures that are necessary to comply with the requirements under the Personal Information Protection and Electronic Documents Act (“PIPEDA”).

We collect information from you at several different points on our website to facilitate the delivery of services or the fulfillment of a request. In order to provide our full range of services, we may collect the following types of information:

  • Information you provide - When you schedule a free water test, a quote, or other Kinetico services, we ask you for personal information (such as your name and email address.) All such information will be used only for the purposes for which it was provided.
  • Cookies A small text file created by a website that is stored in the user's computer either temporarily for that session only or permanently. We use cookies to identify and track authorized users of the website. The cookies contain no Personally Identifiable Information. Once you close your browser, the cookie expires.
  • Log information - When you use the Site, our servers’ automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages and one or more cookies that may uniquely identify your browser.
  • Clear Gifs Information- When you use the Site, we may employ "clear gifs" (a.k.a. Web Beacons) which are used to track the online usage patterns of our Users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients.
  • User communications - Any communication or material you submit to the Site by electronic mail or otherwise, may be made available to our employees, sales agents or strategic business partners. Any such communication or material may be reproduced, distributed, posted and publicized by us for internal business purposes. We are free to use any ideas, concepts, know-how or techniques contained in any such communication or material for any purpose, including but not limited to developing, manufacturing and marketing its products and services. We also reserve the right to use any information submitted as a resource for the introduction of valuable offers, new product information, and water related releases or alerts. If you do not wish to receive this information, simply follow the instructions provided with the communication to remove your name from our distribution list.
  • Links - We may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our search technology, customized content and advertising.
  • Other sites - This Policy applies to web sites and services that are owned and operated by Kinetico Canada Incorporated. We do not exercise control over the sites displayed as links from within our various services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you.
  • Non Personal Data – We may share non-personal summary data (such as Web site volume information, for example) with other parties

Information submitted by minors should not be done without permission from their parents or guardians. We recommend using the parents' or legal guardians' e-mail address for any submissions.

We process your personal information on our servers in the United States and Canada. We may process personal information to provide our own services. In some cases, we may process personal information on behalf of and according to the instructions of a third party, such as our advertising partners.

Data integrity

We process personal information only for the purpose for which it was collected and in accordance with this Policy or any applicable service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.

Accessing and updating personal information

When you use Site, we make good faith efforts to provide you with access to your personal information, either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

External Sites

This Site may contain links to other websites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability, content and ramifications of your use of such third party Sites. By using the Site, you expressly discharge us from any and all liability arising from your use of any third-party website.

Security

We restrict access to personal information to our employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations subject to enforcement, if they fail to meet these obligations.

Intellectual Property Rights

The content on the Site including the text, software, scripts, graphics, photos, videos, and interactive features ("Content") and the trade-marks, trade names, service marks and logos contained therein ("Marks"), are owned by or licensed to us, subject to copyright and other intellectual property rights under Canadian law and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent and/or payment of the applicable licence fee to the owners. We reserve all rights not expressly granted in and to the Site and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.

Disclaimer

ALL CONTENT AVAILABLE TO YOU THROUGH THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Your use of this Site is at your own risk. We will not be liable for any direct, indirect, incidental, special or consequential damages that result from your use, or inability to use, this Site, including but not limited to those that result from interruptions, mistakes, deletions of files, viruses or any failure of performance whether or not caused by acts of God.

You agree to defend, indemnify and hold harmless our officers, directors, employees, agents, and us from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:

  1. your use of and access to the Site;
  2. your violation of any aspect of the Policy;
  3. your violation of any third party right, including without limitation any copyright, property, or privacy right.

Some states and countries do not permit the exclusion of special or consequential damages and in those states or countries our liability is limited to the fullest extent permitted by law.

Compliance

We regularly review our compliance with this Policy. Should you have any questions regarding this Policy or our treatment of personal information, please feel free to contact us.