Privacy & Customer Policy

Notice To users This policy was last updated Monday October 02, 2017. Contact Us if you have any questions with our privacy or customer policies.

Privacy/Site Policy

For questions about our customer policy, please email legal@contendsocial.com for more information.
Log Data

Like many site operators, we collect information that your browser sends whenever you visit our Site (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.

Double Click & Other Cookies

Google and others, as third party vendors, use cookies to serve ads on our Site. Google’s use of the DoubleClick cookie enables it and its partners to serve ads to our users based on their visit to our Site or other sites on the Internet.You may opt out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings page.

This website uses the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to our site. It could mean that we advertise to previous visitors who haven’t completed a task on our site, for example using the contact form to make an enquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to the site. Any data collected will be used in accordance with our own privacy policy and Google’s privacy policy.

You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.

We use “Google Analytics” to collect information about use of this site. Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this site. We use the information we get from Google Analytics only to improve this site. Google Analytics collects only the IP address assigned to you on the date you visit this site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use (as amended for government websites) and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser.

Google Analytics employs cookies to define user sessions, which allows for the collection of data about how visitors are using the websites. Google Analytics uses only first-party cookies for data analysis. This means that the cookies are linked to a specific website domain, and Google Analytics will only use that cookie data for statistical analysis related to your browsing behavior on that specific website. According to Google, the data collected cannot be altered or retrieved by services from other domains. If you choose, you can opt out by turning off cookies in the preferences settings in your web browser.

Cookies

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.

Like many sites, we use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.

Communications

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe instructions provided in any email we send. Additionally, any persons who submit their information via any forms on this site are automatically subscribed to communications until unsubscribed.

Compliance with Laws

We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Site.

Business Transactions

If we are involved in a merger, acquisition or asset sale, your Personal Information may be transferred. We will provide notice before your Personal Information is transferred and becomes subject to a different Privacy Policy.

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Links to Other Sites

Our Site may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We fully advise you to review the Privacy Policy of every site you visit. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services.

Children's Policy

Our Site does not address anyone under the age of 13 (“Children”). We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and are aware that your Children has provided us with Personal Information, please contact us. If we discover that a Children under 13 has provided us with Personal Information, we will delete such information from our servers immediately.

Changes to this Privacy Policy

This Privacy Policy may be updated from time to time. We will notify you of any changes by posting the new Privacy Policy on the Site. You are advised to review this Privacy Policy periodically for any changes.

Please note, all customers who accept "Account Acceptance Form"s accept all items listed below.

Customer Policy

For questions about our customer policy, please email legal@contendsocial.com for more information.
Your Account

You may be required to create an account and specify a password in order to use certain services or features on the Sites. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself. Don’t try to impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes.

In some cases, an account may be assigned to you by an administrator, such as your employer or educational institution. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Sites. Moreover, your administrator may be able to access or disable your account without our involvement.

You may not share your account with anyone else. Please keep your password confidential, and try not to use it on other websites. If you believe that your account has been compromised at any time, please notify your system administrator.

Content Produced by Others

We are not responsible for, and do not endorse, Content posted by any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another member.

The Use of Our Sites and Software

Please do not use the Sites in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Sites or any features on the Sites (including any technological measures we employ to enforce these Terms).

It should be common sense, so we won’t bore you with a list of things you shouldn’t do. But if we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using the Sites, and take appropriate legal actions.

Using our Site does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Sites unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.

When you use a Site or send communications to us through a Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of a Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting Content, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with ourPrivacy Statement.

Liability of Service

Except where prohibited, the services entities shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the sties or any third party’s use of Contend’s services or sites. These exclusions include, without limitation, damages for lost profits, lost data, computer failure, or the violation of your rights by any third party, even if the services entities have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based.

Additional Details

We may modify these Terms at any time so be sure to check back regularly. By continuing to use or log in to a Site after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Sites.

The Sites may contain links to or use third-party websites. That doesn’t mean that we control or endorse those websites or any goods or services sold on those websites. Similarly, the Sites may contain ads from third-parties. We do not control or endorse any products being advertised. If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean we’re OK with what you did, or we are giving up any rights that we may have (such as taking action in the future).

These Terms are governed by and construed in accordance with the laws of Ontario, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in London, Ontario, Canada, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.

Contend accepts and responds to any requests such as disclosure, correction, addition, or deletion and veto of use or provision of personal information (the “Disclosure Requests”) from the person who provided his/her personal information.

Contract Modifications and Termination

We reserve the right to modify our Sites at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. We also reserve the right to charge a fee for any of our features at any time. If you don’t like any changes, you can stop using our Sites at any time.

Should you terminate prior to your contract completion date, a cancellation fee of 50% of the current account value will be billed automatically upon completion of termination of service.

Contend allocates the right to cancel services to any client within 30 (thirty) days of acceptance and signing of all "Account Acceptance Form" documents sent to clients. 

Content You Publish

We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on the Sites. You can only post Content if you own all the rights to that Content, or if another rights holder has given you permission.

You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant us, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. Without those rights, we couldn’t offer our Services. Please note that this license continues even if you stop using our Sites.

You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you post.

Keep in mind that if you send us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.

Intellectual Property Rights

If you believe any Content on the Services infringes your copyrights, you may request that remove the Content from the Services (or disable access to that Content) by following the instructions on this page. You also give us access to all Trademark and/or Copyrighted Work at your discretion.

Social Networks

The Service may include features that operate in conjunction with certain third party social networking websites that you visit such as Facebook, Instagram, YouTube, Vimeo, LinkedIn, Medium, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third party social networking sites and the services provided through the Services are governed by the terms of service and other agreements posted on these sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of care and promise to do our best to make sure you enjoy the Services. But there are certain things that we don’t promise about our Services.

Other than as expressly set out in these terms of service, neither Contend Ltd. nor its agents or service providers (the “services entities”) make any specific promises about the sites. For example, we don’t make any commitments about the content within the sites, the specific function of the sites, or their reliability, availably, or ability to meet your needs. We provide the services “as is”.Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by law, we exclude all warranties of service.

Rights To Marketing 

All metrics, data, and information may be used for the purposes of marketing materials such as case studies, content analysis pieces or logo placements at any point during or after services with Contend. This can be done without prior written or verbal consent from the client or a member of their organization and is valid upon acceptance of their account acceptance form and estimate.

All vendors with Contend, Contend Social or Contend Ltd. agree to the following terms of service and service agreement with Contend and any and all components of the company.

Vendor Policy

Click here to download a copy of this document with annotations, notes and term section numbers.
Engagement

Contend hereby offers to engage the Contractor effective date, to perform the services as described in the various Schedules attached hereto from time to time, each of which form a part of this agreement, and the Contractor hereby agrees to perform such services, in a good, workmanlike manner, all on the terms and conditions contained in this agreement. The contractor has the right to (i) control and directs the means, manner and method by which the services are performed hereunder, and (ii) perform the services at any place or location and at such time as Contractor may reasonably determine. Contractor shall (i) observe the work rules and policies of Contend while working on Contend's premises, and (ii) furnish all equipment and materials used to perform the services, including but not limited to cell phones and personal computers.

Ownership of Work Product

The Contractor hereby assigns to Contend all right, title and interest in and to all Work Product developed hereunder and the Contractor shall sign such documentation as requested by Contend to confirm such assignment and to enable Contend to obtain and maintain in respect of such Work Product all copyright registrations or any other form of intellectual property protection or benefits in any country.  The Contractor shall provide Contend upon request with a copy of all working papers, notes, and memoranda that are made or obtained by the Contractor during their engagement with Contend.

Waiver of Moral Rights

The Contractor hereby waives in favour of Contend any and all moral rights, if applicable, arising under the Copyright Act (Canada) or any other applicable legislation or at common law, that the Contractor has with respect to any Work Product developed by the Contractor hereunder, including, without limitation, the right to attribution of authorship, the right to restrain any distortion, mutilation or other modification of any such Work Product and the right to prohibit any use of any such Work Product in association with a product, service, cause or institution that might be prejudicial to the Contractor’s honour or reputation.

Visas, Insurance

The Contractor represents and warrants that they have or will obtain the necessary visas, permits or other applicable authorizations to perform the services hereunder and has general liability insurance and such other insurance as required by law, in amounts that are generally purchased by contractors similarly situated with the Contractor. Contend shall not be liable for any loss, cost, damage or expense the Contractor may suffer or incur as a result of their failure to obtain the necessary visas, permits or other applicable authorizations to perform the services hereunder, or their failure to obtain adequate general liability insurance coverage or other insurance coverage required by law. In addition the Contractor represents and warrants that the fulfilment of their obligations under this agreement will not breach any agreement with a third party.

Reasonableness of Provisions

The Contractor understands and agrees that Contend has a material interest in preserving the relationship that it has developed with its clients against impairment by competitive activities of a former contractor.  Accordingly, the Contractor agrees that the restrictions and covenants contained in Sections 8 and 10 of this agreement are reasonable for the purpose of preserving Contend’s goodwill and other proprietary rights and that the Contractor’s agreement to the provisions of Sections 8 and 10 are of the essence to this agreement and constitute a material inducement to Contend to engage the Contractor.

Indemnity

The Contractor shall indemnify, hold harmless and, at Contend’s option, defend, Contend and its representatives against any loss, cost, damage, or expense (including reasonable legal fees) suffered or incurred by any of them arising as a result any third party claim against Contend in connection with the Contractor’s failure to comply with any their obligations under this agreement.

Term and Termination

The Contractor may terminate this agreement and/or any Schedule upon thirty (30) days prior written notice to Contend.  Contend may terminate this agreement and/or any Schedule upon seven (7) days prior written notice to the Contractor.  In addition, Contend may terminate this agreement forthwith upon a breach by the Contractor of Sections 8, 10 or 11 hereof.

Entire Agreement

This agreement and the Schedules attached hereto constitute the entire agreement between the parties pertaining to the subject matter hereof and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties. In the event of any conflict between the terms of this agreement and the terms of any Schedule, the terms of this agreement shall prevail. No supplement, modification or waiver of this agreement shall be binding unless executed in writing by the party to be bound thereby.

Entire Agreement

This agreement and the Schedules attached hereto constitute the entire agreement between the parties pertaining to the subject matter hereof and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties. In the event of any conflict between the terms of this agreement and the terms of any Schedule, the terms of this agreement shall prevail. No supplement, modification or waiver of this agreement shall be binding unless executed in writing by the party to be bound thereby.

Governing Law

This agreement shall be construed and the rights of the parties shall be determined in accordance with the laws in force in the Province of Ontario and the federal laws of Canada applicable therein.  The parties irrevocably submit to the non-exclusive jurisdiction of the Courts of the Province of Ontario or the Federal Court of Canada, as applicable, with respect to any matter arising hereunder or related hereto.

Governing Law

The Parties recognize that disputes as to certain matters may from time to time arise which relate to either party’s rights and/or obligations hereunder.  It is the objective of the parties to establish procedures to facilitate the resolution of such disputes in an expedient manner by mutual cooperation and without resort to litigation. To accomplish this objective, the parties agree to follow the dispute resolution procedures (including without limitation the arbitration procedures) set forth below and not to resort to litigation if and when such a dispute arises between the parties:

If any dispute or claims arises between the parties relating to or arising out of this agreement, or the breach or termination hereof, whether in contract, tort or otherwise, and the parties cannot resolve the dispute or claim within thirty (30) days of a written request by either party to the other party, the parties agree to hold a meeting in person attended by the Chief Executive Officer or President of each party, or their executive level designees, to attempt in good faith to negotiate a resolution of the dispute or claim prior to pursuing other available remedies. If, within thirty (30) days after such written request, the parties have not succeeded in negotiating a resolution of the dispute or claim, such dispute or claim shall be submitted to final and binding arbitration before a single arbitrator under the then current Arbitration Act, 1991 with the proceeding to be held in London, Ontario.  All proceedings shall be confidential and the arbitrator shall issue an appropriate protective order protecting Confidential Information.  To the extent possible, the arbitrator shall be knowledgeable in the subject matter at issue in the dispute.  If either party may suffer substantial harm as a result of the time periods set forth above for discussion, they may request an expedited schedule for discussion or proceed directly to enforce their rights in arbitration.

The decision of the arbitrator shall be final and binding on the parties.  The arbitrator shall prepare and deliver to the parties a written, reasoned opinion setting forth his/her decision.  Judgment on the award so rendered may be entered in any Court having competent jurisdiction thereof and shall be enforceable under applicable legislation.

Notwithstanding the foregoing, either party shall be free at any time to file an action in a Court of competent jurisdiction for injunctive relief, specific enforcement or other equitable relief in the event of any alleged breach of the intellectual property, confidentiality or any other provisions hereof to prevent irreparable harm to such party.

Fees

For the services provided hereunder and described in the various Schedules attached hereto, the parties shall agree in advance in writing of the maximum number of hours to be spent on each project, if applicable, and the fee to be paid to the Contractor in respect thereof.  In the event that the Contractor believes that they will exceed the maximum hours specified, the Contractor shall obtain the prior written consent of Contend before providing such additional hours of services.

Warranty

The Contractor hereby warrants that the Work Product will perform in accordance or otherwise comply with the requirements and/or instructions therefor. In addition, the Contractor hereby warrants that the Work Product shall not infringe any intellectual property right of any third party. If the Work Product does not so perform or comply, or infringes the intellectual property rights of any third party, the Contractor will use their best efforts to correct such Work Product at no cost to Contend to make such Work Product so perform or comply with the requirements and/or instructions therefor, or render the Work Product non-infringing.

Nature of Information

The Contractor acknowledges that the Confidential Information is confidential and proprietary to Contend and is subject to copyright and trade secret protection.

Confidentiality

The Contractor shall not use for any purpose or disclose or copy the Confidential Information to which the Contractor obtains access to during their engagement with Contend except as consented to by Contend and shall not authorize anyone else to use, disclose or copy the Confidential Information.

Obligation to Notify

The Contractor shall immediately notify Contend of any unauthorized possession, use or knowledge of Contend's Confidential Information that becomes known to the Contractor.

Non-Solicitation

During the term of this agreement and for a period of one (1) year following the date of expiry or termination of this agreement for any reason, the Contractor shall not:

1) either on the Contractor’s own behalf or on behalf of any third party, contact, solicit or divert or attempt to solicit or divert, or in any manner approach for any purposes competitive with the interests of Contend, any employee, individual contractor, or individual advisor of a party which had been a customer or prospective customer of Contend in the twelve (12) month period immediately preceding the expiry or termination of this agreement or otherwise provide services to such Contend customer or prospective customer similar to the services provided by the Contractor in any Schedule hereto;

2) employ, solicit for employment, recruit, attempt to recruit or encourage to leave their employment, any person who was an employee or contractor of Contend in the twelve (12) month period immediately preceding the expiry or termination of this agreement; or

3) disturb or attempt to disturb any business relationship between a customer and Contend.

Irreparable Harm

The Contractor acknowledges and agrees with Contend that the breach by the Contractor of Sections 8 or 10 of this agreement would cause serious and irreparable harm to Contend that could not adequately be compensated for in damages and, in the event of a breach by the Contractor of such provision, the Contractor hereby consents to an injunction being issued against them restraining them from any further breach of such provision, but such action shall not be construed so as to be in derogation of any other remedy which Contend may have in the event of such a breach.

Survival

Sections 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 16, 17, 18, 19, 21, 22, 23 and 24 shall survive the termination of this agreement indefinitely or as otherwise specified in the relevant section.

Validity

In the event that a final judicial determination is made by a Court having jurisdiction that any part of Section 10 is unreasonable or otherwise unenforceable against the Contractor, the parties shall revise such Section to apply to such time and territory and to such other extent as the parties agree to be reasonable.  Subject thereto, if any provision of this agreement is determined to be invalid, illegal or unenforceable in any respect by a Court of competent jurisdiction, such provision shall be struck from this agreement and the validity, legality or enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.

Assignment

This agreement may not be assigned by the Contractor.  Subject thereto, this agreement shall enure to the benefit of and be binding upon the Contractor and their executors, administrators and legal representatives and upon Contend and its successors and assigns.

Notice

Any notice in writing that is required to be given hereunder shall be sufficiently given if delivered to the party by hand or mailed by registered mail postage prepaid or couriered with acknowledgement of receipt by the relevant party at the address of the relevant party indicated above.

Independent Contractors

In giving effect to this agreement, no party shall be or be deemed an agent or employee of the other party for any purpose and their relationship to each other shall be that of independent contractors. Nothing in this agreement shall constitute a partnership or a joint venture between the parties. No party shall have the right to enter into contracts or pledge the credit of or incur expenses or liabilities on behalf of the other party.

Counterparts

This agreement and all attached Schedules may be executed in counterparts and transmitted by electronic devices, each of which shall be deemed an original and all of which together shall constitute one and the same document.