Communication, Website Use and Privacy Policy

Kinetic Affect Marketing ("we", "us" or "our") is committed to protecting your privacy and developing technology that gives you a powerful and safe online experience. This Communication, Website Use and Privacy Policy (this "Policy") applies to all users of the Kinetic Affect Marketing website and governs data collection and usage. By using any of Kinetic Affect Marketing's websites you consent to the data practices described in this Policy.

What is Personal Information?

For the purposes of this Policy, personal information is any information about an identifiable individual, other than the person's business title or business contact information when used or disclosed for the purpose of business communications.

What Personal Information Does Kinetic Affect Marketing Collect?

Kinetic Affect Marketing collects and maintains different types of personal information in respect of the individuals with whom we interact. This includes:

  • contact and identification information, such as your name, home or work address, telephone number and e-mail address;
  • anonymous demographic information, which is not unique to you, such as your ZIP/Postal code, age, gender, preferences, interests and favourites;
  • product and service related information concerning the products and services that we provide to, or receive from you;
  • information about your computer hardware and software which can include your IP address, browser type, domain names, access times and referring website addresses;
  • credit and financial information such as your payment preferences; and
  • business relationship information, including information related to your agreements, preferences, advisors and decision-makers, feed-back and information requested by or provided to you.

We may also collect market-related information, which may include personal information, concerning market trends and activities impacting our business. This information may include contract terms, financial information and other information for the purpose of market analysis and strategic planning as well as information related to Kinetic Affect Marketing's media, investor and public relations activities.

As a general rule, we collect personal information directly from you. In most circumstances where the personal information that we collect about you is held by a third party, Kinetic Affect Marketing will obtain your permission before we seek out this information from such sources (such permission may be given directly by you, by you accessing Kinetic Affect Marketing products and services through our websites or implied from your actions).

From time to time, we may utilize the services of third parties in our business and may also receive personal information collected by those third parties in the course of the performance of their services for us or otherwise. Where this is the case, we will take reasonable steps to ensure that such third parties have represented to us that they have the right to disclose your personal information to us.

Where permitted or required by applicable law or regulatory requirements, we may collect information about you without your knowledge or consent.

Why Does Kinetic Affect Marketing Collect Personal Information?

Kinetic Affect Marketing collects personal information to enable us to manage, maintain, and develop our business and operations, including:

  • to establish, maintain and manage our relationship with you so that Kinetic Affect Marketing may provide you with, or receive from you, the products and services that have been requested;
  • to be able to review the products and services that we provide to you so that we may understand your requirements for our products and services and so that we may work to improve our products and services, including for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Kinetic Affect Marketing website;
  • to be able to review the products and services that we obtain from you so that we may work with you and so that you may understand our requirements for such products and services;
  • to be able to comply with your requests (for example, if you prefer to be contacted at a business or residential telephone number and advise us of your preference, we will use this information to contact you at that number);
  • to protect Kinetic Affect Marketing against error, fraud, theft and damage to our assets and property, including to verify your identity;
  • to contact you in connection with a sweepstakes, contest or other promotion;
  • to enable us to comply with applicable law or regulatory process; and
  • any other reasonable purpose to which you consent or otherwise provide your permission.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through links through other social media websites this information may be collected and used by others. Others can be invited to view your photos/video by entering their e-mail address(es) into the proper fields on the "Send to a Friend" page. Kinetic Affect Marketing will send an e-mail to your list of invitees containing the URL that links them to your photo/video. Your invitees are then able to forward that URL to others without your consent or knowledge. Kinetic Affect Marketing does not warrant that you are protected from irresponsible or intentional actions of third parties.

When Does Kinetic Affect Marketing Disclose Your Personal Information?

Kinetic Affect Marketing may share your personal information with our employees, contractors, consultants and other parties who require such information to assist us with managing our relationship with you, including: third parties that provide services to us or on our behalf; third parties that assist Kinetic Affect Marketing in the provision of services to you; and third parties whose services we use to conduct our business.

In addition, personal information may be disclosed or transferred to another party during the course of, or completion of, a change in ownership of or the grant of a security interest in, all or a part of Kinetic Affect Marketing or its affiliates through, for example, an asset or share sale, or some other form of business combination, merger or joint venture, provided that such party is bound by appropriate agreements or obligations and required to use or disclose your personal information in a manner consistent with the use and disclosure provisions of this Policy, unless you consent otherwise.

Further, your personal information may be disclosed:

  • as permitted or required by applicable law or regulatory requirements;
  • to comply with valid legal processes such as search warrants, subpoenas or court orders;
  • as part of Kinetic Affect Marketing 's regular reporting activities to its affiliates;
  • to protect the rights, assets and property of Kinetic Affect Marketing;
  • during emergency situations or where necessary to protect the safety of a person or group;
  • where the personal information is publicly available; or
  • with your consent.

Use by Kinetic Affect Marketing of Your Personal Information

Kinetic Affect Marketing will use your personal information to facilitate electronic communication via e-mail, web-sites and/or telephone (when requested) to allow you to access your private URL to view your photos/videos captured from an event you attended that may reside on one of our websites.

Kinetic Affect Marketing uses your personal information to operate our websites and deliver the services you have requested. We may also use your personally identifiable information to inform you of other products or services available from Kinetic Affect Marketing and its affiliates and trusted partners. Kinetic Affect Marketing may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

Kinetic Affect Marketing retains ownership of your personal information. We do not sell, rent or lease our customer, user or event participant lists to third parties. Kinetic Affect Marketing may, from time to time, contact you on behalf of external business partners about a particular offering, service or product that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, we may also share data with trusted partners to help us perform statistical analysis, send you e-mail or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Kinetic Affect Marketing, and they are required to maintain the confidentiality of your information.

Kinetic Affect Marketing keeps track of the websites and pages our customers and users visit in order to determine which of our products and services are the most popular. This data is used to deliver customized content and advertising within Kinetic Affect Marketing to our customers and users whose behaviour indicates that they are interested in a particular subject area.

Your Consent is Important to Us

It is important to us that we collect, use or disclose your personal information only where we have your consent to do so. Depending on the sensitivity of the personal information, your consent may be implied, deemed (using an opt-in or opt-out mechanism) or express. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from your action or inaction.

By accessing our websites assume that, unless you advise us otherwise, you have consented to the collection, use and disclosure of your personal information as outlined in this Policy.

You may change, vary or withdraw your consent at any time, subject to legal or contractual obligations, by contacting our Privacy Officer using the contact information set out below. All communications with respect to such withdrawal or variation of consent should be in writing.

Use of Cookies

The Kinetic Affect Marketing websites use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize one of our pages, or register with us, a cookie helps us to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Kinetic Affect Marketing website, the information you previously provided can be retrieved, so you can easily use the features that you customized.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of our services or websites that you visit.

How is Your Personal Information Protected?

We endeavour to maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of the personal information in question on computer servers in a controlled, secure environment. These safeguards are designed to prevent your personal information from loss and unauthorized access, copying, use, modification or disclosure.

Updating Your Personal Information

It is important that the information contained in our records is both accurate and current. If your personal information happens to change during the course of our relationship, please keep us informed of such changes. In some circumstances we may not agree with your request to change your personal information and will instead append an alternative text to the record in question.

Access to Your Personal Information

You can ask to see your personal information. If you want to review, verify or correct your personal information, please contact our Privacy Officer. Please note that any such communication must be in writing.

When requesting access to your personal information, please note that we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the personal information that we hold about you. If you require assistance in preparing your request, please contact the office of our Privacy Officer.

Your right to access the personal information that we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal information that we hold about you. In addition, the personal information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices.

In the event that we cannot provide you with access to your personal information, we will endeavour to inform you of the reasons why, subject to any legal or regulatory restrictions.

Inquiries or Concerns?

Kinetic Affect Marketing encourages you to review the privacy policies and/or statements of websites you choose to link to from any of Kinetic Affect Marketing's websites so that you can understand how those websites collect, use and share your information. We are not responsible for the privacy statements or other content on websites outside of the Kinetic Affect Marketing family of websites. If you have any questions about this Policy or concerns about how we manage your personal information, please contact our Privacy Officer by telephone, in writing or by e-mail. We will endeavour to answer your questions and advise you of any steps taken to address the issues raised by you.

Revisions to and Interpretation of this Policy

Kinetic Affect Marketing from time to time, may make changes to this Policy to reflect changes in its legal or regulatory obligations or in the manner in which we deal with your personal information. We will post any revised version of this Policy on our website and we encourage you to refer back to it on a regular basis. This Policy was last updated on Feb 15, 2011.

Any interpretation associated with this Policy will be made by our Privacy Officer. This Policy includes examples but is not intended to be restricted in its application to such examples, therefore where the word 'including' is used, it shall mean 'including without limitation'.

This Policy does not create or confer upon any individual any rights, or impose upon Kinetic Affect Marketing any rights or obligations outside of, or in addition to, any rights or obligations imposed by Canada's federal and provincial privacy laws, as applicable. Should there be, in a specific case, any inconsistency between this Policy and Canada's federal and provincial privacy laws, as applicable, this Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.

Contact Information and Privacy Officer

Kinetic Affect Marketing welcomes your comments regarding this Policy. If you believe that we have not adhered to this Policy please contact our Privacy Officer who oversees compliance with this Policy. Our Privacy Officer is and can be contacted as follows:

Doug Williams
Phone: (587) 225-4567
Fax: (403) 723-0065


Curtiss Law
Phone: (403) 607-1534