Terms of Service and Privacy Policy

TERMS OF SERVICE

Last Updated: January 4, 2024

Overview

This website (the “Website”) or any affiliated websites (e.g., https://nice.wildapricot.org/) is operated by the Network of Independent Canadian Exhibitors (NICE) (“NICE”). Throughout the Website, the terms “we”, “us” and “our” refer to NICE. NICE offers this Website, including all information, tools, goods and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. 

By visiting our Website and/or signing up for communications and/or purchasing something from us and/or providing us with information about yourself, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before using our Service. If you do not agree to all the Terms of this Agreement, then you may not use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools which are added to the current Website shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes. 

Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your province or state or country of residence.

You may not use our Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any viruses, malware or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your access to the Service.

Service Features, Function And Disclaimers 

The Service is intended to provide information and resource services regarding the film exhibition industry and goods related thereto, including but not limited to industry news updates, surveys, additional revenues opportunities, as well as accepting donations. The Service and functions of the Website shall be Personal Information Protection and Electronic Documents Act (PIPEDA) compliant in accordance with the terms of our Privacy Policy.  You are responsible for all communication and behaviour transmitted through the Website. Any content which may be provided through the Website, such as text, graphics, images, and other material contained on the Website (“Content“) are for informational purposes only. The Content is not intended to be a substitute for professional advice (e.g., accounting, legal or otherwise). Always seek the advice of a competent and qualified professional with any questions you may have regarding your particular question(s). Never disregard professional advice or delay in seeking it because of something you may have read as part of the Content.

Cancellation of Service

A minimum of two week’s notice (to the email listed in the Contact Section) from the date of payment to be given to cancel and receive a 100% refund of fees paid to register for the Service. If notice given after two weeks, the situation will be evaluated on a case-by-case basis and any refund given at our sole discretion.

Third-Party Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of third-party (optional) tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third-Party Links

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Third-Party Policies

Note that some goods and services offered through this Website may be sold or processed through third-party service providers. The purchase and processing of such goods and services, including the making of donations shall at all times be subject to the terms of those third-party service providers, in addition to the Terms herein. It is your responsibility to ensure compliance with these third-party terms and we shall not be held liable for your failure to abide by those terms and our rights hereunder shall not be affected due to your failure.

General Conditions

We reserve the right to refuse access to the Service to anyone for any reason at any time. 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion, use or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us.

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.

This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. As noted above, we reserve the right to modify the Content at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

Modifications to the Service and Prices

Prices for any products and Service we may offer  are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, service and/or price change, suspension or discontinuance of the Service.

Products or Service

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return, refund or exchange only according to our policies contained herein. We have made every effort to display as accurately as possible the colors, text, descriptions and images of our products and services that appear at the Website. We cannot guarantee that your computer monitor’s display of any color or any other feature of such goods and services will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Accuracy of Billing and Account Information

You agree to provide current, complete and accurate account information for all Service, including purchases and donations. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Informational Submissions, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example, operational information, client information, surveys, photographs, operational information, testimonies or other NICE-related information) or without a request from us you send creative ideas, suggestions, proposals, plans and/or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Informational Submissions”), you hereby grant us a worldwide, perpetual non-exclusive licence to use those Informational Submissions and agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium, including on such platforms as Google Groups, any Informational Submissions that you post yourself or forward to us. We are and shall be under no obligation (1) to maintain any Informational Submissions in confidence and/or maintain any private or anonymous information as such; (2) to pay compensation for any Informational Submissions; or (3) to respond to any Informational Submissions.

We may, but have no obligation to, monitor, edit and/or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your Informational Submissions will not violate any rights of any third-party, including, without limitation, copyright, trademark, trade secret, privacy, personality and other personal and proprietary rights. You further agree that your Informational Submissions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Informational Submissions. You are solely responsible for any Informational Submissions you make and their accuracy. We take no responsibility and assume no liability for any Informational Submissions posted by you or any third-party. Lastly, insofar as our rights concerning the Informational Submissions conflict with the Privacy Policy and our obligations therein, nothing contained in the Privacy Policy shall limit our rights as described herein.

For additional guidance concerning acceptable conduct concerning the Information Submissions, please refer to our Code of Conduct: https://nicecinema.ca/code-of-conduct. 

Personal Information

Generally, your submission of personal information through the Website is governed by our Privacy Policy.

Though, you agree that we may collect and use technical data and related information, including but not limited to technical information about user devices, systems and website software, and peripherals, as well as any personal and commercial information for use in the Service, that is gathered periodically to facilitate the provision of software updates, product support and other services to users. We may use the aforesaid information to improve the Service or to provide services or technologies to Website users. For further information regarding how we handle the personal information you transmit through the Website, please visit our Privacy Policy.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, available services, organizational practices, priorities and policies, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. 

In addition, you are prohibited from engaging in any actions which may contravene the NICE Code of conduct: https://nicecinema.ca/code-of-conduct.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Ownership & Licenced IP Rights  

Subject to the terms of these Terms, we grant to You, a limited, revocable, non-exclusive, non-transferable, non-sub-licensable licence to access, use the Service. While a subscription fee may or may not be charged to you for use of the Service or certain elements thereof as specified above, we nevertheless reserve the right to charge a licence fee at our discretion for any existing, upgraded or new version of the Service, or for any premium content elements thereof, in the future.  In such case you may be required to pay the applicable subscription fees for such upgrades following which you may be required to enter into a separate licence agreement, download updated software elements and enter the serial number access code provided to you by us at the time of purchase or donation in order to complete your access and licence to the upgraded or new version of the Service.

You acknowledge and agree that all Content, design elements, and materials available on the Website, including without limitation all graphics, logos, designs, characters, objects, environments, worlds, icons, scripts and service names, as well as any goods and services as expressed by us (“Company Content”) are owned by us and/or our partners and licensors and protected by copyrights, trademarks, patents, trade secrets, and/or other proprietary rights of us and/or its partners and licensors. We and our partners and licensors retain all right, title and interest in and to the Company Content. You may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute any Company Content in any form or for any means, unless expressly permitted in these Terms. The names, logos, characters, brands and product and service names appearing as part of the Service are trademarks/service marks or registered trademarks/service marks of us or third parties (the respective holders). The use of any such trademark or service mark without express written consent of the respective holder is strictly prohibited. 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. In addition, you may not sell, licence, rent, perform, display, create derivative works from, or in any way use or exploit Company Content in any way unless expressly permitted in these Terms. You agree not to disassemble, decompile or reverse engineer any software or other component of the Service or Company Content.  You agree not to assert against us any claim, action or proceeding for infringement of any patents, patent rights or other intellectual property rights.  You hereby irrevocably, and without additional consideration beyond the rights granted to you herein, assigns to us any and all right, title and interest that you may have, including copyrights, in or to any and all information, user exchanges, transmits or uploads while using the Website or engaging in the Service, including without limitation all files, data and information. The assigned rights include the right to lease and assign the rights and make changes to the information and materials etc. To the extent that any such rights are not assignable, you hereby grant us an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free, paid in full licence, fully sub-licensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of such information and materials, in any medium now known or hereafter devised.

Disclaimers of Warranties, Limitation of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

WHILE THE SERVICE MAY BE IN THE FIELD OF ADVICE AND ADVOCACY, THE SERVICE DO NOT ON ITS OWN CONSTITUTE PROFESSIONAL ADVICE AND WILL NOT CONTAIN ANY PROFESSIONAL OPINIONS, LEGAL, FINANCIAL OR OTHERWISE. YOU ACKNOWLEDGE THAT YOU SHOULD CONSULT WITH YOUR OWN PROFESSIONAL ADVISOR(S) REGARDING THE APPROPRIATE STEPS TO BE TAKEN REGARDING YOUR PERSONAL SITUATION, WHETHER RELATED TO THE SERVICE OR YOUR PROFESSIONAL SITUATION GENERALLY, AND THAT RELYING SOLELY ON THE SERVICE WILL NOT SERVE AS A GUARANTEE AGAINST ANY POTENTIAL SITUATIONS WHICH MAY ARISE FROM YOUR OWN PROFESSIONAL SITUATION.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall we, our directors, officers, employees, parent, subsidiaries, affiliates, partners, agents, contractors, subcontractors, interns, suppliers, service providers or licensors (collectively “Related Parties”) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content or product posted, transmitted, purchased or otherwise made available via the Service, even if advised of their possibility. Due to the fact that some provinces, states and/or other jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states, provinces and jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless us and our Related Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, and/or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Service, or when you cease using our Website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).

Your and our respective obligations and liabilities incurred pursuant to these Terms prior to their termination (as per above) shall survive the termination of these Terms for all purposes.

Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Governing Law

The Terms  will be subject to and exclusively governed by the laws of the Province of Ontario and the laws of Canada applicable therein without regard for its conflicts of law principles that would require application of the laws of any different jurisdiction. Any dispute, controversy or claim arising out of or relating to the Terms, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of a sole arbitrator. The place of the arbitration will be Toronto, Ontario, Canada, or may be conducted virtually via electronic communication to the extent the Arbitration Rules allow for such.  The language to be used in the arbitral proceedings will be English.  Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof.  In any arbitration arising out of or related to this Agreement, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits. In any arbitration arising out of or related to this Agreement, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under the circumstances where the prevailing party won on some but not all of its claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.  Notwithstanding anything to the contrary, we may apply to any court of competent jurisdiction for injunctive or other equitable relief.

Changes to Terms

You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

Mobile Messages

These Terms relate specifically to your use of text/SMS messages to receive one-time passcodes and marketing text from us and our brands:

(a) receiving one-time passcodes and marketing text in an SMS message: by providing a mobile phone number, you represent and warrant that you are in lawful possession of the mobile phone or wireless device to which you request directing messages to be sent. You agree and represent that all registration and contact information provided as part of your account, including the mobile phone number registered, is accurate and current. If any of your registration or contact information or your mobile phone number changes, you agree to update it immediately. You are solely responsible for the use of the Service by you and anyone you allow access to the Service.

(b) short code; quantity of messages: you acknowledge and agree that the Service may send you recurring messages that provide one-time passcodes or marketing text.

(c) functionality; security; mobile use precautions: The Service may not be available at all times and in all areas; certain variables could affect delivery of the messages, including but not limited to the functionality of your carrier’s network and text messaging platform, and restrictions set by your carrier to your account. Neither we and our brand(s) nor our third-party service providers guarantee message delivery, completeness, accuracy, or timeliness, or that services will be available at all times. Neither we and our brand(s) nor our third-party service providers are responsible for messages that are lost or misdirected.

(d) third party charges and mobile messages: If you choose to receive your one-time password or marketing text in an SMS message, a device that can receive the SMS is required. SMS messages are not available on all carriers or on all rates plans. Even for services for which we and our brands do not charge, standard message and rates may apply from your mobile or wireless device carrier. Your carrier may charge you for each text message sent and received. Contact your carrier for text messaging rates and terms applicable to your plan. You are solely responsible for any fees or charges incurred from participating in the Service. Under no circumstances will we, our brands, our third-party service providers, agents or affiliates be responsible or liable for any text messaging or wireless service charges incurred by you, any person responsible for charges related to the registered mobile or wireless device, or any person having access to the registered mobile phone or wireless device, or for any overcharge or billing error by or any billing dispute with any mobile or wireless device carrier.

(e) how to opt out: If you have supplied your mobile phone number as part of your user account or as part of a web form on our sites, you may also have the ability to opt out by signing into your account and removing your phone number or by requesting your removal in an email instead.

(f) customer care: for customer support, contact info@nicecinema.ca.  

Contact

Questions about the Terms or any retrieval issues should be sent to us at info@nicecinema.ca.

PRIVACY POLICY

Last Updated: January 4, 2024

Network of Independent Canadian Exhibitors (NICE) (“NICE”, “Company”, “we”, “us”) respects your privacy and provides you with this Privacy Policy (“Privacy Policy”) so that you may understand the ways in which we do and do not use the information you transmit when accessing and purchasing our goods and services via https://www.nicecinema.ca/ or https://nice.wildapricot.org/ (collectively, the “Website”). Please note that your access to our goods and services and/or your making use of our available resources and/or your making a purchase or donation directly from us, or from one of the platform/service providers that provides the goods and/or services constitutes your acceptance of this Privacy Policy as well as our Terms of Service. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, PLEASE DO NOT ACCESS THE WEBSITE AND/OR OUR GOODS OR SERVICES. 

1. Information which may be collected through the provision of the goods and/or services or other sources.  In order to access our goods and services, you may be required to fill out an intake form for us, whether this be upon commencing access to our goods and services or from time to time as decided by us (the “Intake”). This Intake will require you to provide certain “Personal Data” which is defined to include any information relating to an identifiable person, company or commercial enterprise (“Person”) meaning a Person who can be defined, directly or indirectly, notably by reference to an identifier such as a name, an identification number, location data, an online identifier, billing information, such as credit card or other payment number, address and contact information or to one or more factors specific to his/her/their/its physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, including commercial and business history and information. To create an Intake, you may be required to provide certain mandatory information such as your name, your email address, account login, commercial location, operating information, client information, etc. which is mandatory in order to be able to establish an Intake and may include Personal Data. 

    2. Subject to any applicable law restrictions, Company may invite you to share your email address with us for on-going service provision, sales and marketing purposes (e.g., newsletters, surveys). You may be invited to do this on the Website, related websites etc. as well as third party ad networks. By opting in to receive these emails on the Website or from our ad partners, you are giving your consent to receive these types of sales and marketing emails, as well as us storing Personal Data related to such emails and related material in accordance with the terms and conditions of this Agreement.

    3. There are times when you may choose to provide us with Personal Data about yourself for the purposes of obtaining services from us. For example, you may wish to make purchases or donations, view information, preview new products and services, subscribe to on-going offerings or participate in special promotions. If you provide such Personal Data or if you conduct transactions through the Website or any related mobile or website applications (including any back-end system providers upon which Company’s business operations rely), we will collect information about the transactions you engage in and your other activities, subject to the terms and conditions set out in this Privacy Policy and/or the platform/service provider’s own privacy policies, to the extent applicable. Company and/or the platform/service provider (if applicable) may also collect information about your user habits and preferences, and your user history; this information is necessary to better understand your preferences and needs, to provide you exclusive offers and access to programs, to facilitate your interactions with our sales associates, to enrich your experience on the Website and to provide tailored advertising, with all aforesaid uses being subject to the terms and conditions set out in this Privacy Policy and/or the platform/service provider’s own privacy policies, to the extent applicable. In summary, Company (and the respective platform/service provider, if applicable) needs certain information from you to register you, authenticate you, process your registration information and payments, and send goods and/or deliver services to you, as necessary, as well as offer a better purchasing experience.

    4. Cookies. A cookie is information a website, app or platform places on your computer’s hard drive or devices, etc. so that such website, app or platform is able to remember your preferences and/or which pages you visited on the Website and what goods and services you viewed and make your visit more efficient and enjoyable. Company may use cookies to determine the number of unique visit to the Website over a given period, or to remember user Intake details, etc. It may combine information collected through cookies to any Personal Data submitted when using the Website to help personalize a user’s access to and use of Website. Cookies may be disabled on your computer by indicating this in the preferences or options menus in your browser.

        5. Use of information – Purpose and legal basis.  Company may use information about you for the following purposes in accordance with applicable laws: 

          6. Storage & Protection of Personal Data.  To the extent that Company may receive and store any Personal Data Company agrees that it shall (i) not keep the Personal Data for longer than is necessary for the purposes of permitted uses disclosed hereunder, unless further storage is required in order to establish, exercise or defend a legal claim or to comply with applicable law, including accounting rules; (ii) store, process and use the Personal Data for the sole purpose of performing the services applicable under the Terms of Service with end users; and (iii) ensure that their employees and employees of their affiliates and subcontractors involved in the performance of their obligations to Company comply with the provisions of this Privacy Policy (iv) implement all reasonable technical and organizational measures to protect your Personal Data against any accidental or unlawful destruction, accidental loss, unauthorized alteration, communication or access, (v) where applicable report to you, upon its occurrence, any unauthorized access, disclosure, use, modification or destruction of  your Personal Data, and (vi) refrain from collecting, using or Processing Personal Data in any jurisdiction, unless prior to the transfer we have ensured that an adequate level of protection of the Personal Data has been implemented in accordance with the terms and conditions stated herein. Personal Data shall be deleted or anonymized as soon as it no longer serves one of the above-mentioned purposes and in any event no later than three (3) years after your interaction with us has ended. Company has taken reasonable steps to ensure that the Personal Data it collects (if any)  is secure and we have taken reasonable measures to protect the confidentiality, security, and integrity of the Personal Data collected as may be applicable. To the extent Company collects any Personal Data, such Personal Data shall be stored in secure operating environments that are not available to the public and that are only accessible to authorized employees and contractors, using security measures to protect the loss, misuse, and alteration of the information under our control. However, there is no such thing as perfect security. As a result, although we strive to protect personally identifying information, we cannot ensure or warrant the security of any information transmitted to us through or in connection with the Website, that we store on our systems or that is stored on our service providers’ systems.  Our service providers’ products, platforms and websites are governed by their own privacy policies, which may be substantially different from Company’ policies. Any improper collection or misuse of any Personal Data or information provided on the Website is a violation of the Terms of Service and should be reported to Company. 

            All Personal Data is protected in strict adherence with the following laws and regulations:

            Notwithstanding the foregoing, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal data, we cannot guarantee or warrant the security of any information collected through the Website. Your use our Website and provide us with your Personal Information at your own risk.

            7. Information we share with third parties.  As a general rule we will not share Personal Data that directly identifies you (such as your name, e-mail or postal address etc., to the extent that we have access to such Personal Data) with independent third parties without your consent, unless it is either required by law or we determine that disclosure is reasonably necessary to enforce our rights, property or operations or to protect our players or third parties. We may, at our sole discretion share anonymous or aggregated information, or other data that does not directly identify you (to the extent we have access to such information), with third parties, including the public. Notwithstanding the forgoing, we may share information about you with certain third parties based on the legal basis as follows: (a) we may share information about you with third-party agents and contractors in order to provide the Website or services to you, for ongoing development, for analytical purposes etc. We will only provide information to such third party agents and contractors for their performances of their specific assignments for us and consistent with this Privacy Policy, and for no other purposes; (b) where the Website and related goods and services are accessed and/or provided through social networks; (c) when required by applicable law, rule, regulation, legal process, in the process of negotiations of, any mergers and acquisitions, sale of company assets, financing or acquisition of all or a portion of our business by another company where Personal Data submitted to us may be transferred to the acquiring entity; (d) when ordered or requested by courts, legal authorities etc. and required in order for us to abide by applicable laws, or to protect our rights, in defense in law suits, property or safety of Company, the Website, end users etc.; and (e) in order to provide certain Website features.

              8. Payment information.  In order to access the Website, which includes all website functions, content and features etc. and to access our goods and services you will be required to pay certain fees through the Website. When purchasing the goods and/or services on the Website you may be asked by the us to provide certain Personal Data. Please note that you must be the age of 18 or older to purchase any and all goods and services on the Website or make a donation; however, children over 13 but under 18 may access the Website and make purchases of goods and/or services and/or make donations under the supervision of a legal guardian. Once you have successfully entered valid credit card information and any other required Personal Data and completed the order process, a purchasing account will be created and maintained for the order. We will use the information provided to process your order and to send order confirmations via email, as well as to make future purchases and/or donations easier for you. Company does not sell, transfer or share customer information with third parties, except where applicable the information is transferred, disclosed and shared with its third-party agent(s) who uses the information solely to handle and deliver certain online activities necessary to operate Company’ business, such as:

                1. providing our products and services, or otherwise fulfil your purchases and/or donations,
                2. processing payments and verify credit card details,
                3. providing customer service,
                4. storing and protecting customer information, or
                5. promoting and marketing our products, services and programs.


                9. User Access and rights with respect to Collected Information.  You may request access to review any processed Personal Data which may be collected by Company as applicable. This includes confirmation as to whether or not Personal Data is in fact being processed, and, where that is the case, access to the Personal Data and the following information: (a) the purposes of the processing; (b) the categories of Personal Data concerned; (c) the recipients or categories of recipient to whom the Personal Data have been or will be disclosed, in particular recipients in third countries or international organizations; (d) where possible, the envisaged period for which the Personal Data will be stored or, if not possible, the criteria used to determine that period; (e) the existence of the right to request from Company rectification or erasure of Personal Data or restriction of processing of Personal Data concerning the data subject or to object to such processing; (f) the right to lodge a complaint with a supervisory authority; (g) where the Personal Data are not collected from you, any available information as to the source; (h) the existence of automated decision-making, and any meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject as may be applicable. You may request a copy of the Personal Data undergoing processing. For any further copies requested, we may charge a reasonable fee based on administrative costs. Where you make the request by electronic means, and unless otherwise requested by you, the information shall be provided in a commonly used electronic form. The right to obtain a copy shall not adversely affect the rights and freedoms of others. Please note that the access may be restricted due to intellectual property rights or trade secrets. You have the right to object to the Personal Data processing on grounds relating to your particular situation. In this case, we will cease the processing unless there are compelling legitimate grounds for the processing which override your interests, rights and freedoms or if the processing is necessary for the establishment, exercise or defense of legal claims. You have the right to object to our processing of your Personal Data for direct marketing purposes at any time. We will cease the processing of your Personal Data for this purpose after the objection. Please note that if you exercise this right, your user licence to use the Website and related goods and services may cease automatically. You have the right to have inaccurate Personal Data rectified, in accordance with Article 16 of the GDPR. You have the right to have your Personal Data erased where one of the following grounds applies: (a) The Personal Data is no longer necessary in relation to the purposes for which it was collected or otherwise processed; (b) if you have withdrawn your consent and there are no other legal grounds for the processing; (c) if you have objected to the processing and there are no overriding legitimate grounds for the processing; (d) the Personal Data have to be erased for compliance with a legal obligation pursuant to any applicable law; (e) the Personal Data has been unlawfully processed. Please note that your right to erasure may be limited if the data is necessary for compliance with a legal obligation or for the establishment, exercise or defense of legal claims. If we have asked for your consent to our processing of your Personal Data, you have the right to withdraw your consent at any time. You may at any time opt out of and/or unsubscribe from emails from Company and our service providers, or withdraw consent to Personal Data storage, either via the unsubscribe link included in the emails, or by emailing Company at the contact provided below. If you withdraw your consent, we will cease processing of the Personal Data for which you have withdrawn consent, unless we have a legal obligation to keep some or parts of your data. Please note that if you withdraw your consent, your right to use the Website and related goods and services may cease automatically. The withdrawal of your consent does not affect the lawfulness of processing based on your consent before its withdrawal.

                  10. Changing or Removing Intake Information.  You may modify or delete any or all of your profile information by contacting Company at contact info@nicecinema.ca. Information will be updated as soon as possible. Removed information may persist in backup copies for a reasonable period of time. Company has no control or responsibility over Intake information registered and administered through a third-party platform/service provider (if applicable).

                    11. Changes to our Privacy Policy. This Privacy Policy applies to all information collected by us or provided to us on and after the Effective Date. This Privacy Policy is subject to change and we may make any changes to this Privacy Policy as we see fit. Company will notify you of material changes by posting them on the Website. You are encouraged to check back and review this Privacy Policy from time to time so that you will always know what information is collected how it is used and to whom it is disclosed. Your continued use of the Website and our goods and services subject to this Privacy Policy will signify your acceptance of Privacy Policy changes.

                      12. GOVERNING LAW & DISPUTE RESOLUTION.  This Privacy Policy  will be subject to and exclusively governed by the laws of the Province of Ontario and the laws of Canada applicable therein without regard for its conflicts of law principles that would require application of the laws of any different jurisdiction. Any dispute, controversy or claim arising out of or relating to this Privacy Policy, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of a sole arbitrator. The place of the arbitration will be Toronto, Ontario, Canada, or may be conducted virtually via electronic communication to the extent the Arbitration Rules allow for such.  The language to be used in the arbitral proceedings will be English.  Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof.  In any arbitration arising out of or related to this Agreement, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits. In any arbitration arising out of or related to this Agreement, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under the circumstances where the prevailing party won on some but not all of its claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.  Notwithstanding anything to the contrary, Company may apply to any court of competent jurisdiction for injunctive or other equitable relief. 

                        13. Company Privacy Officer Contact. If you have any questions, complaints or comments or wish to invoke any of the rights noted above regarding our Privacy Policy, please contact Company at sonya@nicecinema.ca.  We will process and answer your requests without undue delay and in any event within one month of our receipt of the request unless a longer period is required due to the complexity of the request.