PRIVACY AGREEMENT
Privacy Agreement
Protecting your privacy is important to SMART SAILING ACADEMY ("SMART SAILING"). This Policy explains how SMART SAILING collects, uses, and discloses the personal information you may provide while using SMART SAILING's websites, including SMART SAILING.ca, servingitright.com and specialeventserver.com (each a "Website" and collectively the "Websites") and the services provided through the Websites. It is always your choice whether or not to provide personal information through the Websites. Any personal information you provide will be treated with care and, subject to this Policy, will not be used or disclosed in ways to which you have not consented.
As used in this Policy, "personal information" means information about an identifiable individual, and which is defined or deemed as such pursuant to any applicable laws or regulations related to privacy or data protection.
Your Consent
1. By using a Website or submitting information to SMART SAILING through or in connection with a Website, you signify your consent to SMART SAILING's collection, use, and disclosure of your personal information in accordance with this Policy. If you do not agree with this Policy, you may not use a Website or submit information to SMART SAILING through or in connection with a Website.
Information Automatically Collected
2. Websites - As is typical with many other Internet websites, the Websites automatically collect certain information regarding Website users, such as the date and time you access the Website, the Internet address of the website from which you linked to the Website, the operating system you are using, and the Website pages read and images viewed. This information is used for Website and system administration purposes and to improve the Websites.
3. Cookies - The Websites use "cookies", a technology that installs a small amount of information on a Website user's computer to permit the Website to recognize future visits using that computer. Cookies enhance the convenience and use of the Websites. For example, the information provided through cookies is used to recognize you as a previous user of the Website (so you do not have to enter your personal information every time), offer personalized web page content and information for your use and otherwise facilitate your Website experience. Advertisements displayed on the Websites may also contain cookies or other technologies. You may choose to decline cookies if your browser permits, but doing so may affect your use of the Websites and your ability to access certain features of the Websites.
Personal Information You Specifically Provide
4. Your Personal Information – In your dealings with SMART SAILING and during your use of the Websites, you may be asked to voluntarily provide personal information (such as your personal name, age, email address, postal address, telephone number, place of employment, work experience and credit card information) for purposes such as registering and paying for a professional certification, facilitating communications with you or facilitating your use of the Websites. If you choose not to provide certain requested personal information, you will not be able to use the services provided by SMART SAILING or use certain features of the Websites.
5. Use of Your Personal Information – SMART SAILING may use your personal information to contact and correspond with you, respond to your communications, provide services to you, process transactions with you, facilitate and enhance your use of the Websites and as otherwise permitted by law. SMART SAILING may develop a confidential profile for you, which will be used to provide services to you and facilitate your use of the Websites. Additionally, SMART SAILING may keep a record of all communications with you.
6. Emails from SMART SAILING - If SMART SAILING has a valid consent available to it at law (including express or implied consent), or if consent is not required at law, then, subject to applicable laws and regulations, SMART SAILING may send to you, from time to time, email or other communications containing information about SMART SAILING and the Websites and other matters SMART SAILING believes will interest you. At any time you may ask SMART SAILING to stop sending you email and other information by sending your request by email to SMART SAILING. Also, where legally required, each email SMART SAILING sends to you will tell you how to decline further unsolicited email. Notwithstanding the foregoing, SMART SAILING reserves the right to retain your personal information and to contact you where required or permitted to do so by applicable law.
7. Disclosure of Your Personal Information – SMART SAILING may disclose your personal information in the following circumstances and as otherwise required or permitted by applicable law:
(a) Disclosure of Certificate Numbers – If you participate in a certification program through SMART SAILING, SMART SAILING may disclose your personal information, including your name, certificate type and certificate number, to Internatşonal Yacht Training and MCA government authorities , your employers and your prospective employers. SMART SAILING is not obligated to verify the identity or authority of any person purporting to be your employer or prospective employer. SMART SAILING has no control over, or liability for, those persons' use and disclosure of your personal information, and that use and disclosure is not subject to this Policy. If you do not wish your personal information to be disclosed to British Columbia government authorities, your employers and your prospective employers, you may not participate in any certification program through SMART SAILING.
(b) Disclosure to Authorizing Persons - If you use a Website on behalf of another person or organization (such as your employer), SMART SAILING may provide your personal information to that authorizing person/organization. SMART SAILING has no control over the use of your personal information by the authorizing person/organization, and that use is not subject to this Policy. If you do not wish your personal information to be disclosed to the person/organization on whose behalf you use a Website, you may not use the Websites.
(c) Discussion Forum Disclosures – If you voluntarily submit or post materials to a Website discussion forum, certain of your personal information may be automatically included in the posting, including without limitation your user name and email address. SMART SAILING has no control over, or liability for, the collection, use or disclosure of any posted materials or your included personal information by users of the Website, and their use and disclosure of the posted materials and your personal information is not subject to this Policy. If you do not wish your personal information to be disclosed to other Website users, you may not post materials to the Website discussion forum.
(d) Disclosure to Affiliates Agents and Suppliers – SMART SAILING may provide your personal information to its affiliates, agents, suppliers and service providers (such as credit card service providers) for use in connection with matters relating to your use of the Websites or the provision of services to you. SMART SAILING requires its affiliates, agents, suppliers and service providers to agree to use your personal information only for the purposes for which it is provided to them, and to protect the privacy of your personal information in a manner that is consistent with this Policy.
(e) Disclosure in Business Transfers – SMART SAILING may be involved in the sale or transfer of some or all of its business. As part of that sale or transfer, or for due diligence purposes in connection with such proposed transaction, SMART SAILING may disclose your personal information to the acquiring organization or potential acquiring organization, but will require the acquiring organization to agree to protect the privacy of your personal information in a manner that is consistent with this Policy and in compliance with applicable law. SMART SAILING has no liability for the acquiring organization's use and disclosure of your personal information.
(f) Law Enforcement and Legal Disclosure – SMART SAILING may disclose your personal information to a government institution that has asserted its lawful authority to obtain the information or where SMART SAILING has reasonable grounds to believe the information could be useful in the investigation of unlawful activity, or to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with court rules regarding the production of records and information, or to its legal counsel. SMART SAILING has no control over, or liability for, those persons' use and disclosure of your personal information, and that use and disclosure is not subject to this Policy.
Other Matters
8. Depersonalized Information – SMART SAILING may use personal information to create non-personal information regarding the use of the Websites and related services. SMART SAILING may then disclose that non-personal information to other persons and permanently retain that non-personal information for future use.
9. Business Contact Information – To the extent permitted by law, the provisions of this Policy concerning "personal information" do not apply to information (such as your personal name, position or title, business address, business telephone number, business fax number and business email address) which enable you to be contacted at a place of business.
10. Location of Information – SMART SAILING may transmit your personal information outside of Canada, including to the United States, for processing by SMART SAILING, its affiliates or third party service providers for some or all of the purposes described in this Policy. While outside of Canada, personal information may be accessible to law enforcement and national security authorities of the foreign jurisdiction.
11. Securing Your Information - To help protect the confidentiality of your personal information, SMART SAILING employs reasonable security safeguards appropriate to the sensitivity of the information. Nevertheless, security risks cannot be eliminated and SMART SAILING cannot guarantee that your personal information will not be used or disclosed in ways not otherwise described in this Policy.
12. Accessing Your Personal Information - You may request access to your personal information and information about SMART SAILING's collection, use and disclosure of that information by sending your request by email to SMART SAILING. Subject to certain exceptions prescribed by law, and where the identity of the requester can be confirmed, you will be given access to your personal information within a reasonable time (generally 30 days), or SMART SAILING will provide an explanation if additional time is required to fulfil the request, and you will be entitled to challenge the accuracy and completeness of the information and to have it amended as appropriate. SMART SAILING's response will typically be provided for a minimal handling fee which SMART SAILING reserves the right to vary depending on the nature of the request and the amount of information involved. SMART SAILING will inform the individual of the approximate cost to provide the response, and will provide the information upon receipt of payment. SMART SAILING uses reasonable efforts to keep its records as accurate and complete as possible. You can help us maintain the accuracy of your information by notifying us of any changes to your personal information.
13. Withdrawal of Consent - Individuals have the right to withdraw their consent to the collection, use, or disclosure of their personal information at any time, except where that withdrawal would frustrate the performance of a legal obligation by SMART SAILING. Upon reasonable written notice given to SMART SAILING, all personal information held by SMART SAILING that is identifiable to that individual will be removed from SMART SAILING's records and a notice of the impact of that removal will be provided to the individual. Notwithstanding the foregoing, if you withdraw consent SMART SAILING nonetheless reserves the right to retain, collect, use and disclose your personal information without your consent where SMART SAILING is required or permitted to do so by applicable law.
14. Retention of Personal Information - Personal information will be retained in accordance with this Policy for as long as may be necessary or relevant for the identified purpose of collection, or as may be required or permitted by applicable law, after which time it will be made non-personally identifying or destroyed unless you further consent to its continued retention. Personal information which has been used to make a decision about an individual will be retained long enough (for at least one year after using it) to reasonably allow the individual access to the information after the decision, and long enough to exhaust any access request or a challenge an individual may bring under applicable privacy laws.
15. Other Web Sites - The Websites may contain links to other websites or Internet resources, including websites operated by other persons. When you click on one of those links you are contacting another website. SMART SAILING has no responsibility or liability for or control over those other websites or their collection, use and disclosure of your personal information.
16. Terms of Use Agreement - The SMART SAILING Website Use Agreement contains important provisions, including provisions disclaiming, limiting or excluding SMART SAILING's liability for your use of the Website and provisions determining the applicable law and exclusive jurisdiction for the resolution of any disputes regarding the Websites. Each of those provisions applies to any disputes that may arise in relation to this Policy or SMART SAILING's collection, use and disclosure of your personal information, and are of the same force and effect as if they had been reproduced directly in this Policy.
17. Former Users - If you stop using the Websites or your permission to use the Websites is terminated, SMART SAILING may continue to use and disclose your personal information in accordance with this Policy as amended from time to time. However, if you want SMART SAILING to stop sending you unsolicited email and other information, please send your request by
18. Policy Changes - To accommodate changes in the Websites, changing technology, and legal developments, this Policy may be changed from time to time in SMART SAILING's discretion and without any prior notice or liability to you or any other person. New versions of this Policy will be posted here. SMART SAILING's collection, use and disclosure of your personal information will be governed by the version of this Policy in effect at that time. Your continued dealings with SMART SAILING or your use of the Websites subsequent to any changes to this Policy will signify your consent to the collection, use and disclosure of your personal information in accordance with the changed Policy. Accordingly, when you use the Websites you should check the date of this Policy and review any changes since the last version. You should also bookmark this page and periodically review this Policy to ensure that you are familiar with the most current version.
19. Your Comments - If you have any comments or questions about this Policy or your personal information, please send your comments by
The parties have expressly requested and required that this Privacy Policy and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Politique et tous les documents qui s'y rapportent soient rediges en anglais.