EFFECTIVE DATE: October 2023
Ninth Wave Arts (“COMPANY,” “we”, “us” and "our") respects the privacy concerns of the users of its website, ninthwavearts.ca and the services provided therein (the “Site”). We provide this privacy statement to explain what information is gathered during a visit to the Site and how such information may be used. Specifically, it outlines the types of information that we gather about you and the ways in which we use this information in connection with (i) while you are using the Site, and (ii) the information you provide to us offline, including, without limitation, at a live event, via phone and email..
What information do we collect?
We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, email address, mailing address, phone number or credit card information. We shall always ask you to provide only a minimum data which is needed for completing the service you asked for. Before leaving your data, you will be clearly and intelligibly explained the purpose of collecting your data and asked to give your consent to it, which you can also withdraw easily. You may, however, visit our site anonymously.
How do we use your personal information?
Any of the information we collect from you may be used in one of the following ways: To personalize your experience, to improve our website, to improve customer service, to process transactions, administer a contest, promotion, survey or other site feature and to send periodic emails.
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
Do we share your personal Information with third parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. For example, we use Kajabi to host this website and Stripe to process your payments. You can read more about how they use your personal information here for Kajabi, and here for Stripe.
Finally, we may also release your information when we are required to comply by law, enforce our site policies, or protect ours or others’ rights, property, or safety.
How do we protect your information?
We implement reasonable safety measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the personal information that you supply will not be intercepted while being transmitted to and from us over the Internet.
Records of processing activities
When you place an order or fulfill a registration through the Site, we will maintain your Personal Information for our records unless and until you ask us to delete this information.
You have the right to withdraw your consent on providing us your personal data, at any time, and to ask us to erase your data.
You may ask to see your data that you gave to us, and thus to exercise your right to access data.
If it happens that the data you gave us is incorrect from any reason, you may ask for rectification of your data.
You also have the right to ask for restriction of access to your data, in which case the data shall not be erased, but just access thereto shall be denied.
Where you consented to give us data, or we process your data on the grounds of contract with you, if the processing is carried out by automated means, you may request that we send your data back in a structured way, and thus exercise your right to data portability.
Whom you may address to?
For any privacy issue that you are having with your data that you entrusted to us, regarding your rights as written above, you can contact us at [email protected]
Children’s Online Privacy Protection Act Compliance
This Site is not directed to children under the age of thirteen for non-EU users, nor to children under the age of sixteen for EU-users, and we do NOT knowingly collect personally identifiable information from children under the said age limits as part of the Site.
Changes to this policy
This policy, the use of these Site and any separate agreements whereby we provide you Services are governed by laws of Ontario, Canada. THE COMPANY adheres to principles of the Personal Information Protection and Electronic Documents Act (PIPEDA) and General Data Protection Regulation (GDPR) wishing to provide all its customers with the highest standards in privacy protection. If a dispute arises under this Policy we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Canada.
Ninth Wave Arts
4596 Carp Rd.
Carp ON, K0A 1L0
Terms of Service
This website ("Site") is owned and operated by Ninth Wave Arts (“COMPANY,” “we”, “us” and "our"). We invite you to access and use our Site, including all information and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/ or purchasing something from us and/or registering with us, you engage in our “Service” and agree to be bound by the following terms and conditions.
We reserve the right to change these Terms of Service or to impose new conditions on use of the Site at any time, in which case we will post the revised Terms of Service on this website. It is your responsibility to check this page periodically for changes. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
Description and use of our Site and Service
We provide Visitors and Registered Members with access to our Site, including all information and services.
Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Site. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Site; and (ii) email us.
Registered Members. Registered Members can do all the things that Visitors can do, and: (i) purchase products and services through our Site; (ii) access exclusive content available only to Registered Members; (iii) create, access, manage, and update their own personal accounts on the Site; (iv) post comments and other content on the Site (collectively, “Registered Member Content”); (v) register for our various programs and events; (vi) and sign up for email and other notifications.
We are under no obligation to accept any individual as a Registered Member and may accept or reject any registration in our sole and complete discretion. In addition,we may deactivate any account at any time, including, without limitation, if it determines that a Registered Member has violated these Terms of Service.
Information and services. We offer educational opportunities, including but not limited to workshops, one-on-one sessions, year-long programs, online courses, written articles, video content and events with the purpose to inspire rememberance and reclamation of Folk Wisdom and Folks Arts. With that, we also offer the materials and tools, available in our boutique and during educational opportunities, to support you in practising these Wisdom and Arts.
Restrictions and General Conditions
This Site and our Service is not directed to children under the age of thirteen for non-EU users, nor to children under the age of sixteen for EU-users.
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 agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
A breach or violation of any of the Terms will result in an immediate termination of your services.
Registered Member; username and password
During the registration process for Registered Members, you'll need to create an account, which includes a username (“Username”), and a password (“Password”), which you will receive through the Site’s registration process. Each Username and corresponding Password can be used by only one Registered Member. Sharing your access credentials with others is a breach of this Term.
You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Payment and currency
As consideration for any purchase or registration you make on the Site, you shall pay COMPANY all applicable fees and taxes. Our third-party payment processor, Stripe or PayPal depending on your choice at checkout, will authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, or for the collection of these payment in instalments, and you hereby consent to the same.
You must provide current, complete, and accurate purchase and account information. 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. You must promptly contact us if your card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Username or Password).
If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. Check with your bank and credit card issuer for details.
All sales are billed in CAD and, as required by law, tax will be collected upon payment.
Fees for our Service are subject to change without notice. We reserve the right at any time to modify or discontinue the Service without notice at any time.
This Site and all the materials such as articles, video, coursework and other material provided by us (collectively referred to as the “Content”), are the property of us, and are protected by copyright, trademark, and other intellectual property laws.
Visitors may view all publicly-available Content for their own personal, non-commercial use.
Registered Members who have purchased any product or service, may, however, from time to time, download and view any Content contained in such purchased product or service for their own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Other than as expressly set forth in the immediately two prior sentences, you may not use the Content in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Content.
If you violate any part of these Terms, your permission to access and/or use the Site and our Service automatically terminates and you must immediately destroy any copies you have made of the Content.
By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Site, you are representing that you are the owner of the material, consenting to submit the material, or are making your posting or submission with the express consent and credits of the owner of the material. You agree that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Third party links
Throughout our Service, we may provide links and pointers to websites maintained by third parties. We neither monitor, control or have any input in any respect to any information, products or services that third parties may provide on websites linked to by us. All links are for information purposes only. You acknowledge and agree that we provide access to such websites 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 parties linked to by us.
Disclaimer of warranties; Limitation of Liability
The information, products and services offered on or through the Site and by the COMPANY and any third party websites are provided "as is" and "as available" for your use and without representation, warranties or conditions of any kind either express or implied.
We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free, that defects will be detected and corrected, or that any part of this Site and Service, including courses, communities, chats and feeds, are free of viruses or other harmful components. We do not guarantee, warrant or make any representation that the results of the use of the Service will be accurate or reliable.
Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct, indirect, incidental, special or consequential or inconsequential damages and or loss that results from the use of, or the inability to use the Service, even if we are advised beforehand of the possibility of such damages or loss. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You expressly agree that your use of, or inability to use, the Service is at your sole risk.
You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any Registered Member.
If you are dissatisfied with the Service, or with any of the terms and policies, your sole and exclusive remedy is to discontinue the use of the Service.
You agree at all times to defend, indemnify and hold harmless COMPANY and our parent, subsidiaries, affiliates, partners, board members, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, volunteers and employees, harmless from any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
These Terms of Service and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws of Canada. If any provision of these Terms of Service shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
If there are any questions regarding this Terms of Service, you may contact us by e-mail at [email protected] or mail using the details provided below:
Ninth Wave Arts
4596 Carp Rd.
Carp ON, K0A 1L0