LEGAL NOTICES

TERMS OF USE FOR CHAGALL DESIGN WEBSITE

PLEASE READ THESE TERMS OF USE CAREFULLY.

By using this website (the “Website”), exclusively owned by Chagall design (“CHAGALL”), you expressly acknowledge to have read and agreed to the following terms and conditions which govern your use of the Website (the “Terms of Use”). If you do not agree to the Terms of Use, please leave the Website immediately and do not take into account the information contained therein. CHAGALL reserves the right to modify the Terms of Use at any time. Any modification comes into force immediately and is integrated to the Terms of Use.

USE RESTRICTIONS AND JURISDICTION

The information and images on the Website may not be used by any person in any country under any law when such use could constitute a violation of applicable national legislation. In such case, you are forbidden from using or accessing any information or image, of any nature whatsoever, on this Website. This Website is designed for users accessing it from Canadian territory. Moreover, these Terms of Use are governed exclusively by the applicable laws of the province of Quebec and of Canada, without regard to the conflicts of law provisions therein. Any litigation, recourse or claim arising from or in relation to these Terms of Use shall be submitted to the exclusive jurisdiction of the competent courts in the judicial district of Montreal, province of Quebec, Canada.

DISCLAIMER

This Website is provided “as is” and “according to availability”, without any warranty of any kind, express or implicit, including, without limitation, any warranty of merchantability or suitability for a user’s particular need, any warranty regarding the Website’s content or operation, third-party links or other communications, any warranty in case of errors, corrections or defects, interrupted or intercepted transmissions, data loss, virus or any other potentially harmful element. 

Under no circumstances can CHAGALL or any of its subsidiaries or entities be held liable towards any person for any fee or damages, including direct, indirect, consecutive or intangible damages, damages related to access to or use of this Website. Furthermore, CHAGALL or any of its subsidiaries or entities cannot be held liable for any person’s inability to access the Website or use its functions and services, including browsing or downloading any information, data, text, image or any other material available on the Website or via another website linked to by this Website or linking to this Website.It is the responsibility of users of this Website, with the total exclusion of any liability from CHAGALL, to evaluate the accuracy, completeness, reliability and relevance of the opinions given, services offered or any other information provided.

Information included and presented on this Website should not be interpreted and relied upon as if it were professional advice or advice on a specific situation.

INTELLECTUAL PROPERTY

Unless otherwise specifically stated, any trademark, registered or not, and any logo displayed on the Website, any information, any graphic image, any feature or any service, any layout (including the “look and feel”) and any text on this Website are the sole property of CHAGALL or are duly used under license by CHAGALL and are protected by applicable intellectual property laws or any provisions included in any other relevant law, in Canada and abroad. They may not be copied or broadcast, in whole or in part, without CHAGALL’s prior written consent.In addition, you acknowledge that you are not allowed to (i) create derivative work based on this Website or any material and/or content included on or integrated to the Website; (ii) use the Website or any included material and/or content for commercial purposes; (iii) remove any notice regarding copyright or other ownership notices from the Website and/or its content; (iv) circumvent any encryption or other security tool used anywhere on the Website; (v) use any data mining tool, robot or similar tool to collect and extract data from the Website; or (vi) decompile, reverse engineer, modify or disassemble any part of this Website.However, you may download or print any page on this Website for personal and non-commercial use only, provided that you keep all notices regarding the intellectual property of CHAGALL or any assigns involved.

HYPERTEXT LINKS

The Website may contain hypertext links leading to other websites. These links are provided for information purposes only and as a service. On this matter, CHAGALL disclaims any liability or obligation, of any nature whatsoever, regarding these third-party websites to which the Website links (or any link to this Website on another website), including the content and operation of these third-party websites. CHAGALL does not review nor control these links. Certain websites may be hosted outside your country and therefore be governed by different laws and regulations.A link from this Website to another website (or to this Website from another website) does not in any way constitute a recommendation, endorsement, approval, advertisement, offer or solicitation with regard to the other website, its content or its products and services advertised or provided on this other website. CHAGALL assumes and believes that links provided to other websites and accessible by all, to web pages, discussion forums and any other sources are allowed under the law and comply with Internet users’ normal and usual expectations.

CONFIDENTIALITY OF INFORMATION PROVIDED TO CHAGALL

CHAGALL takes all reasonable measures to ensure the integrity and security of information obtained from Internet users through the Website and to avoid any non-authorized access to or use of this information. To this end, CHAGALL regularly reviews its security measures.You should never, under any circumstances, send any information that is confidential or that you own to CHAGALL via the Website. Any information sent to CHAGALL through the Website, other than your personally identifiable information, is presumed non-confidential. Personally identifiable information is only used to answer your questions or to market CHAGALL’s products and services.CHAGALL cannot, under any circumstances, be required to monitor the data provided or sent through this Website, as is the case for any website linked to on this Website or linking to this Website. CHAGALL has under no circumstances any obligation, of any nature whatsoever, resulting from such data or transmission, which do not constitute in any way a confidentiality agreement, express or implied, between a user and CHAGALL.

USER BEHAVIOUR

When you access and use any part of this Website, you undertake not to:

  • write or send illegal, threatening, abusive, libelous, obscene, pornographic, blasphemous or reprehensible information, in any way whatsoever, including without limitation messages showing or promoting a behaviour that could constitute a breach of a law or violating a national or international right;
  • write or send data or software infected with a virus (worm or Trojan horse) or any other harmful element;
  • interfere with the operation of this Website or hinder or prevent another person from using this Website;
  • write, publish, send, reproduce, distribute or use information, software or any other material obtained through this Website for commercial purposes without CHAGALL’s prior written consent.In case of violation of these Terms of Use, CHAGALL reserves the right to sue the offender for damages to the full extent of the law.

BREACH AND INDEMNITY

Subject to any provisions of any applicable law, you accept to indemnify and hold harmless CHAGALL and its employees, officers, directors and agents should you violate these Terms of Use. This indemnity shall cover all expenses, payments, losses, losses of profit or any direct or indirect damage, monetary or not, incurred by CHAGALL, its employees, officers, directors and agents.CONTACT USYou can contact us by email at the following address info@chagalldesign.ca for any question. We will make every effort to process your request quickly.
Last update: October 19, 2017 

PRIVACY POLICY

This privacy policy (the “Policy”) informs you of our privacy policy practices. It explains why and how we collect your data and information and how it is stored and used.CHAGALL takes all reasonable measures to ensure the integrity and security of information obtained on Internet users through the Website and to prevent any non-authorized access or use of this information. To that end, CHAGALL regularly reviews its security measures.

DATA COLLECTED BY AUTOMATIC MEANS

Several tools may be used on our Website to improve its efficiency and usability and for marketing and statistical purposes. These tools may include collection and automatic storage of data by us or by third parties on our behalf. In general, this data does not include users’ personal information.

These tools include, without limitation, cookies, Adobe Flash cookies, web beacons (also called “pixel tags” or “clear GIFs”), tracking URLs or similar tools and web analytics software. Collected data may include, without limitation:

• Visitors’ IP addresses;

• Date and time of visit;

• Referral URL (the website from which the visitor came);

• Pages visited on our Website;

• Information on the browser used (type and browser version, operating system, etc.).

We may also use cookies to identify the owner of a user account and to put items in the virtual basket while you shop. The cookies that we use in these cases are generally session cookies, which are automatically erased when you close your browser. You can manage your browsing preferences at all times directly in your Web browser. By default, browsers allow the use of cookies, but this feature can be disabled. However, if cookies are disabled, certain services may not be available. You can also manually delete cookies after use through your Web browser.

Web beacons, tracking URLs or similar tools and cookies are primarily used for statistical analysis. These tools may also be used to follow traffic patterns on websites or to know if an email has been received, opened or answered.

Web analytics software gathers data on and analyzes the behaviour of visitors of websites or mobile applications. It analyzes traffic patterns, for example, to determine how often certain parts of a website or a mobile application are viewed or which information or services interest our visitors. To this end, we mostly use clickstream data and other techniques described above. The web analytics services used on our Website and our mobile applications are provided by Google Analytics or other service providers.

This means that when you visit our Website, a Google Analytics cookie is stored on your computer or mobile device, provided that your browser settings allow such cookies, as mentioned above. Furthermore, when you visit our Website, the web analytics data described above (including clickstream data, data provided by web beacons and tracking URLs and information stored in Google Analytics cookies) is sent to Google Analytics to be analyzed for CHAGALL.

Google Analytics acts as CHAGALL’s agent, which means that CHAGALL determines the purposes for which the data is used and Google Analytics may not disclose this information to third parties (except in cases where the law or a court order forces such disclosure). With regard to privacy, this means that CHAGALL is the “guarantor” and Google Analytics is the “data processor”. 

If you do not want that information regarding your visits to our Website be gathered and analyzed by Google Analytics, you can opt out. This means that Google Analytics will anonymize the information gathered (but will continue to gather it) or will stop gathering information on your visit, depending on the type of opt-out that you choose. To opt out, you have to accept that a cookie be stored on your computer by Google Analytics. You may request to opt out by clicking on the relevant link in the Google Analytics website section that includes the privacy policy (https://tools.google.com/dlpage/gaoptout).

For more information regarding Google Analytics and its privacy policy, please read the privacy policy at http://www.google.com/intl/en/policies/privacy/.

Geolocation Services

We offer geolocation services on our Website, particularly through Google Maps.

If you use mobile applications, these applications may receive information regarding your current location (similar to the GPS signals sent by mobile devices) or other information that can be used to determine your location. You can authorize the activation of the geolocation service. You can also prohibit at any time an application from using the geolocation service.

For more information regarding Google Maps and its privacy policy, please the privacy policy at http://www.google.com/intl/en/policies/privacy/.

Retargeting Tools

Our Website uses Internet retargeting tools. Visitors who are interested by our products can see our ads on partner websites. We believe that personalized advertising, based on users’ interests, is more interesting than advertising without any connection to the consumer.

We collaborate with companies that use tracking tools. These companies broadcast ads on our behalf on the Internet. They may gather non-personally identifiable information on your visits to our Website and your interaction with our communications, particularly ads.

Retargeting tools analyze your cookies and display ads according to your behaviour on the Internet. This technology does not store any of your personal information.

You may deactivate the use of cookies by Google through its Ads Settings. You may also deactivate the use of cookies by third-party providers on the Network Advertising Initiative opt-out page or the DoubleClick opt-out page.

USE AND STORAGE

Data gathered through our Website and other information provided in any other way to CHAGALL may be used to improve our Website’s content, for marketing research purposes, for statistics purposes, to improve our services or to provide you with interest-based information.

We only use data for the purposes for which they were collected. Your consent is required to use your personal information for marketing purposes other than the ones mentioned above. You may opt out from such use of your data, ask that your data be deleted or be modified.

CHAGALL stores the information for a reasonable period of time to achieve its objectives or in accordance with legal provisions. Following this period, the information shall be deleted or anonymized.

CONTACT US

You can contact us by email at the following address info@chagalldesign.ca for any question regarding this Policy or any request regarding your data. We will make every effort to process your request quickly.

Last update: October 19, 2017 

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