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Privacy Policy 
By accessing or using the sustain.ca website, you agree to the terms of Sustain Design Studio Ltd.’s Privacy Policy, as outlined below. If you do not agree to these terms, please do not access or use this site. Sustain reserves the right to change its Privacy Policy from time to time at its sole discretion. Your use of this site will be subject to the most current version of the Privacy Policy at the time of such use.
Our Commitment to the Protection of Personal Information
We, at Sustain, are committed to protecting the privacy of our customers and others with whom we do business. Personal information shall be dealt with in accordance with applicable privacy legislation in the jurisdictions in which we carry on business. For these purposes, “personal information” is any piece of information, either factual or subjective, about an identifiable individual. Personal information does not include the name, title, business address or telephone number of an employee of an organization.
Sustain’s Privacy Policy
Sustain’s Privacy Policy encompasses the ten basic principles of current federal privacy legislation. Sustain will, from time to time, amend this policy as it considers it appropriate, or in accordance with applicable privacy laws.
Principle 1 • Accountability
An organization is responsible for Personal Information under its control and shall designate an individual or individuals who are accountable for the Company’s compliance with privacy legislation.
Sustain has appointed a Chief Privacy Officer who is responsible for the company’s compliance with privacy legislation. Sustain employees are informed about the importance of privacy and are committed to upholding the company’s privacy practices.
Principle 2 • Identifying purposes
The purposes for which Personal Information is collected shall be identified at or before the time the information is collected.
Sustain collects personal information primarily for the purpose of providing a variety of services to its customers. Whenever Sustain collects personal information, we will identify how the information is to be used, at or prior to the time of collection. Sustain will obtain an individual’s consent prior to using personal information for any other purpose than that identified.
Principle 3 • Consent
The knowledge and consent of the individual are required for the collection, use, or disclosure of Personal Information, except where inappropriate.
Sustain will obtain an individual’s consent to the collection, use or disclosure of personal information at or prior to the time of collection. Sustain will strive to ensure that individuals understand how their personal information will be used or disclosed. Sustain may collect, use or disclose personal information without an individual’s knowledge or consent in circumstances when such use or disclosure is required by court order, is in connection with enforcement of laws or contractual rights, or is in connection with an emergency involving a person’s life, health or security. Consent may be expressed in writing or implied, and in some cases, it may be provided verbally, electronically, or through an authorized representative, provided such representative has the appropriate written authorization to do so. An individual may withdraw his or her consent to the further use of his or her personal information at any time, subject to any legal or contractual restrictions, and upon reasonable notice to Sustain. Upon request, Sustain will explain to the individual any implications of withdrawing consent.
Principle 4 • Limiting collection
The collection of Personal Information shall be limited to that which is necessary for the purposes identified. Information shall be collected by fair and lawful means.
Sustain will only collect information that is reasonably necessary for the purposes identified. Sustain may request additional personal information, if appropriate in the circumstances, provided consent is first obtained. Sustain will only collect personal information by fair and lawful means.
Principle 5 • Limiting use, disclosure and retention
Personal Information shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Personal Information shall be retained only as long as necessary for the fulfilment of those purposes.
Sustain will not sell personal information to third parties, neither will Sustain use or disclose personal information for purposes other than those for which it was collected, without the express consent of the individual concerned, or as required by law. Sustain may employ third parties to process some aspects of personal information on its behalf. In such circumstances, appropriate assurances will be sought to ensure the personal information is similarly protected by such third parties. Sustain has established guidelines and put procedures in place for the appropriate retention and destruction of personal information.
Principle 6 • Accuracy
Personal Information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.
Sustain will strive to ensure that personal information that is used on an ongoing basis, including information that is disclosed to third parties, and information that is used to make a decision about an individual is accurate, complete and up-to-date.
Principle 7 • Safeguards
Personal Information shall be protected through security safeguards appropriate to the sensitivity of the information.
Sustain uses appropriate safeguards and security measures to protect personal information. Paper records are physically secured and access is limited to authorized personnel who are trained and aware of the requirements of the Company’s privacy practices. Electronic files are similarly safeguarded by the limitation of access to authorized personnel and the use of appropriate electronic security devices.
Principle 8 • Openness
Sustain shall make readily available to individuals specific information about its policies and practices relating to the management of Personal Information.
Sustain’s Privacy Policy is available to anyone upon request. Individuals are invited to contact the Chief Privacy Officer directly if they have any questions, concerns or complaints about privacy. Such requests should be sent in writing to the following address: Chief Privacy Officer Sustain Design Studio Ltd. 109 Atlantic Ave. Suite 201 Toronto, ON M6K 1X4 Fax. No. (416) 516-7774
Principle 9 • Individual access
Upon request, an individual shall be informed of the existence, use, and disclosure of his or her Personal Information and shall be given access to that information. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
An individual may request access to his or her personal information. Requests for access should be made in writing to the Chief Privacy Officer at the address provided above and should include satisfactory identification and proof of entitlement. Sustain will respond to such requests within the time period prescribed by law. If an individual’s personal information is inaccurate or incomplete, Sustain will make the appropriate amendments, based on the receipt of satisfactory evidence. In certain circumstances, Sustain may be unable to provide access to personal information. Where permitted, the reasons for denying access will be provided to the individual upon request. Exceptions may include: information that contains references to other individuals or contains confidential commercial information, where such information cannot be severed from the record; information collected in the course of investigating a breach of an agreement or in the course of a formal dispute resolution process; and information that is subject to solicitor-client privilege. The individual may then choose to challenge the decision.
Principle 10 • Challenging Compliance
An individual shall be able to address a challenge concerning compliance with the above principles to the designated individual or individuals accountable for Sustain’s compliance.
Sustain will investigate all complaints and respond within the time period prescribed by law. If a complaint is found to be justified, Sustain will take prompt and appropriate measures including, if necessary, amending its Privacy Policy or practices relating to the handling of personal information. In the unlikely event that a complaint cannot be resolved satisfactorily, the complainant will be advised of further complaint procedures that may be available to them.
Terms of Use
SUSTAIN DESIGN STUDIO LTD. (“SUSTAIN”), AS A CONVENIENCE TO YOU GRANTS YOU ACCESS TO ITS WEBSITE, ACCESSIBLE VIA WWW.SUSTAIN.CA (THE “SITE”) CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN (THESE “TERMS OF USE”). FOR THE PURPOSES OF THESE TERMS OF USE, “CONTENT” MEANS, COLLECTIVELY, ANY TEXT, IMAGES, SOFTWARE, SOURCE CODE, APPLICATIONS, SPECIFICATIONS, AUDIO FILES, ARTICLES, AND OTHER INFORMATION OR CONTENT AVAILABLE THROUGH THE SITE THAT ARE NOT SUBMISSIONS (AS DEFINED BELOW). 1. Acceptance of Terms. PLEASE READ THESE TERMS OF USE AND SUSTAIN’S PRIVACY POLICY CAREFULLY. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, AND YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN OUR PRIVACY POLICY . IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY, YOU MUST EXIT THE SITE IMMEDIATELY AND DISCONTINUE ANY USE OF ANY CONTENT YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. SUSTAIN CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE AND BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE. These Terms of Use are effective as of November 1, 2010. 2. Use and Restrictions. You may use the Site only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that Sustain, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue your, and refuse any and all current and future, access to or use of the Site. You further agree that you will not: (a) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; (b) other than for your use of the Site as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way; or (c) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Site. 3. Copyright The Content, as well as the selection and arrangement thereof, are the sole property of Sustain and are protected by copyright and other intellectual property laws and may not be used except in accordance with these Terms of Use or with Sustain’s express written consent. Other than as necessary for your use of the Site in accordance with these Terms of Use, Sustain grants no other privileges or rights in the Content to you, and you must keep intact all copyright and other proprietary notices on the Content. 4. Trademark All trademarks, service marks and trade names, logos, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to Sustain or such marks’ respective owners. You may not display or reproduce the Marks other than with the prior written consent of Sustain, and you may not remove or otherwise modify any trademark notices from any Content. Warranties and Disclaimer THE SITE AND ANY CONTENT PROVIDED VIA THE SITE, INCLUDING LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Sustain DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, SUBMISSIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, Sustain DOES NOT REPRESENT OR WARRANT THAT THE SITE, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR TIME. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO Sustain THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE. Limitation of Liability SUSTAIN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 11. Governing Law All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Site and/or the Content must and will be venued exclusively in Toronto, Ontario, Canada. These Terms of Use and the relationship between you and Sustain will be governed by the laws of Ontario and the laws of Canada applicable therein without giving effect to principles of conflict of laws of any jurisdiction. 12. Miscellaneous If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only. The official language of these Terms of Use exclusively shall be, and all communications and agreements between Sustain and you and any proceedings in connection with these Terms of Use and/or your use of the Site, exclusively shall be made in, the English language. Sustain and you waive any rights they may have under any other law to have these Terms of Use written in another language, and any translation of this Terms of Use will be for convenience only. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sustain as a result of these Terms of Use, our Privacy Policy or any use of the Site. Sustain’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of Sustain’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Sustain with respect to such use. These Terms of Use and our Privacy Policy constitute the entire agreement between you and Sustain with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Sustain with respect to the Site.
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