Privacy Policy
Last updated: March1, 2021
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy. This Privacy Policy is maintained by the Privacy Policy Generator.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Avens Evaluation Group Ltd. , Edmonton, AB.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for You to access our Service or parts of our Service.
- Website refers to Avens Evaluation Group Ltd., accessible from avensevaluation.com
- Service refers to the Website.
- Country refers to: Alberta, Canada
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
- Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
- Personal Data is any information that relates to an identified or identifiable individual.
- Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Collecting and Using Your Personal Data
Types of Data Collected
Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Usage Data
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service.
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 parts of our Service.
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.
We use both session and persistent Cookies for the purposes set out below:
-
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
-
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
-
Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
We may share your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
- For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
- With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
- With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see You name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data 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 Data, We cannot guarantee its absolute security.
Children's Privacy
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
Links to Other Websites
Our Service may contain links to other websites 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 strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, You can contact us:
- email us at info@avensevaluation.com
Terms of UseLast Updated: March 1, 2021IMPORTANT: PLEASE READ THE TERMS OF USE CAREFULLY
The Public Engagement Readiness Assessment (PERA) tool (the “Tool”) is operated and owned by Emerge Solutions, Inc. and Avens Evaluation Group Ltd. The information, documents, services, and products available via the Tool are subject to the terms, conditions, and disclaimers set forth below (the “Terms of Use”). Your acceptance of these Terms of Use constitutes a legal agreement between you, Emerge Solutions, Inc. and Avens Evaluation Group Ltd. Emerge Solutions, Inc. and Avens Evaluation Group Ltd. reserve the right to revise these Terms of Use by updating this posting at any time. You should visit this page periodically to review the current Terms of Use.
The Tool, as owned and distributed by Emerge Solutions, Inc. (EMERGE) and Avens Evaluation Group Ltd. (AVENS), is a two-part online tool to help organizations move their engagement planning forward. Part 1 is designed to help determine if an organization needs to engage the public on a project and if so, what level of engagement would best support their project. Part 2 of PERA includes a detailed readiness assessment of an organization’s project and support from EMERGE to identify a public engagement approach.
These Terms of Use govern all use of or access to the Tool as owned by EMERGE and AVENS and all content, services and products available at or through the Tool (together “the Service”). The Service is offered subject to your acceptance without modification of and compliant with the Terms of Use and all other operating rules, policies (including, without limitation, our privacy policy) and procedures that may be published from time to time on the Tool (collectively, the “Agreement”).Acceptance of TermsBy accessing or using any part of the Service, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, you may not access or use the Service.ModificationEMERGE and AVENS reserve the right to change any part of the Agreement. We advise users to regularly check the Agreement. If you continue to use the Tool and Service after we post changes to the Agreement, you are confirming your acceptance of the new Agreement. We will clearly indicate version numbers at the end of the Terms.User Account
Only persons (individuals or legal entities) who are legally entitled under their own laws to validly enter into contract (or, for minors, who have obtained appropriate permission to do so, and are at least thirteen (13) years old) may become users (“User”). PERA provides an option for two types of accounts. The first is a single-use account wherein a user must provide EMERGE and AVENS with a valid email address and unique project name for the account. The second type of account applies to subscription clients, wherein the user must also provide EMERGE and AVENS with a valid password. Users are responsible for maintaining the security of your account with the Service, and you are fully responsible for all activities that occur under that account. You will immediately notify EMERGE and AVENS of any unauthorized uses of your account or any other breaches of security. You may not use the Service for any illegal or unauthorized purpose.
Any use of the Service is at the sole risk and liability of the User. EMERGE and AVENS will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
EMERGE and AVENS do not sell, distribute, or disclose personal or organizational information to third parties, except as described below, such as where the information is required to be disclosed by subpoena or other legal process or where required by EMERGE and AVENS to investigate, prevent, or address a violation of applicable Terms of Use or other laws or restrictions, where EMERGE and AVENS reasonably believes that a violation has occurred or may occur. Organizational information includes any and all confidential data or information disclosed via the Tool, such as technical, scientific, financial, business, personal and other information, manufacturing, marketing, sales and distribution data, all scientific and test data, documents, methods, techniques, formulations, operations, know-how, experience, skill, trade secrets, computer programs and systems, secret processes, practices, ideas, inventions, designs, devices, publications, reports, samples, plans, and drawings. EMERGE and AVENS may employ third party contractors or other companies to provide services for EMERGE and AVENS including for example, delivery of orders, processing of credit card payments, or design and maintenance of the Tool. These entities may be granted access to personal or organizational information as needed to perform their functions, and not for any other purposes. Except as described above, information such as name, address, and financial information is used for billing purposes, and to process transactions made on or through the Tool or otherwise as required to operate the Tool. EMERGE staff may use User contact information in the event that EMERGE and AVENS are having trouble processing orders or other transactions.
Use of the Service provides a User with access to some or more aspects or functionality of the Tool. Such access includes a limited, non-transferable, non-exclusive right to access the Service for your own individual or legal entity purpose. Any other use, or use for data mining, use of spiders, crawlers, bots, etc. is excluded. You may not reverse engineer, decompile or disassemble the Tool or the Service, or create derivative works of the Tool or the Service (other than through the operation of functionality provided through the Tool or Service).
You may cancel or terminate your account at any time, by following the process made available for that purpose on the Tool.
EMERGE and AVENS may terminate any User account, with or without prior notice, when, in the reasonable opinion of EMERGE and AVENS, such User is in breach of any of the Terms of Use or the Agreement, or the User is in breach of any applicable law, regulation or any third party right, or when User has been declared insolvent or bankrupt (or any similar event in any jurisdiction has occurred). EMERGE and AVENS are entitled to issue guidelines around correct use of the Service and may request compliance with such guidelines in order to keep the User account. Consequences of termination are:
• User may no longer access the Tool or Service, and its username and password will be invalidated.
• User’s content will be deleted from User’s account. CookiesWe collect information from users of EMERGE’s and AVENS’ website through the use of digital markers, including cookies. “Cookies” are files or pieces of information that may be stored in your computer’s hard drive when you visit a website. Cookies are also used to remember that you may have already provided personal information to us and as a result, they help speed up your future activities when accessing our website and online Tool.
“Session” cookies are temporary bits of information that are erased once you exit your web browser window or turn your computer off. Session cookies are used to improve navigation on websites and to collect aggregate statistical information. Our website and online Tool use session cookies.
“Persistent” cookies are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. Persistent cookies store information on your computer for a number of purposes, such as retrieving certain information you have previously provided (e.g., passwords), helping to determine what areas of a website visitors find most valuable and customizing a website based on your preferences. Our website and online Tool use persistent cookies.
Most internet browsers are initially set to accept cookies. If you do not wish to accept cookies, you can set yours to refuse cookies or to alert you when cookies are being sent. If you disable cookies, you may find this affects your ability to use certain parts of our website or services.AnalyticsWe use web analytics service providers (i.e., Google Analytics) to collect data regarding use of our websites and online Tool and to analyze it for the purpose of improving and streamlining use. Information collected and used for web analytics includes your IP address, the date and time of the request, the browser used, the page visited and the referral website.
While an IP address does not identify an individual on its own, it could be connected with other information to identify an individual, such as with the assistance of your Internet Service Provider.
You may opt out of being tracked by Google Analytics by disabling or refusing the cookies or by using the Google Analytics Opt-Out Browser Add-On (https://tools.google.com/dlpage/gaoptout). For further information about Google Analytics, please refer to the Google Analytics Terms of Service (https://www.google.ca/analytics/terms/us.html).
Data collected for web analytics purposes may be stored and processed outside of Canada. Personal information stored outside Canada may be subject to different laws than those in Canada and may be accessible to law enforcement agencies outside of Canada where permitted by law.ContentAny material, content, information, whether protected by copyright or not (“Content”) generated or created by a User on the Tool or through use of the Service falls completely under User’s liability and control and is not considered generated by EMERGE or AVENS.By making Content available, you represent and warrant that if your employer has Intellectual Property Rights to Content, you have either: (i) received permission from your employer to post or make available the Content; or (ii) secured from your employer a waiver as to all rights in or to the Content.You understand that, as a result of the processing and transmission of your Content by the Service, your Content may be transferred unencrypted. EMERGE and AVENS does not claim ownership over any Content, but by uploading or using such Content, you provide EMERGE and AVENS an unlimited, royalty-free, fully paid-up, worldwide, assignable, irrevocable and perpetual (for at least the duration of any Intellectual Property Right therein) license to use such Content for the provision of the Service and making available any Content or part of the Service to you. EMERGE and AVENS will not use the Content for any other purposes (e.g., marketing) than for provisioning of the Service, unless with your agreement. EMERGE and AVENS are not responsible for your Content or for its use or effects. By operating the Service, EMERGE and AVENS do not represent or imply that they endorse the Content generated or shared by Users of the Service, or that it believes such Content to be accurate, useful or non-harmful.We may, but have no obligation to, remove Content generated and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or infringes or is alleged to infringe any party’s Intellectual Property Rights or the Agreement.Links to other websites may appear in the Tool for your convenience. EMERGE and AVENS are not responsible for the content or privacy practices of such other sites. This privacy statement applies solely to this Tool.Fees and PaymentBoth free and premium (paid) versions of Service are available. By selecting a premium Service you agree to pay upfront EMERGE and AVENS the one-off fee indicated for that service. Payments will be charged on the day you sign up for a premium Service.
For one-time use client, an upgrade from any level of Service to a higher one will be pro-rated. You will be charged the difference in level of service fees immediately upon upgrading. Downgrades are not available for one-time use clients.
In the case of subscription clients, any upgrades or downgrades must be negotiated with the client, EMERGE, and AVENS.
Downgrading your Service may cause the loss of Content, features, or functionality of your account. EMERGE and AVENS do not accept any liability for such loss.
All fees are net and exclusive of any VAT, or other taxes, levies, or other duties.
EMERGE and AVENS are entitled to modify their prices. Except if stated otherwise when notice of price change is made, new prices apply as from renewal of the then current term.Intellectual Property RightsAny Intellectual Property Rights in the Tool or the Service are and remain with EMERGE and AVENS The Agreement does not transfer or assign any Intellectual Property Right from EMERGE and AVENS or its licensors or suppliers to you, and all rights are reserved.All Services for this Tool are copyrighted by EMERGE and AVENS or other contributors. None of the information may be reproduced, republished, or disseminated in any manner or form without the prior written consent of an authorized representative of EMERGE and AVENS. EMERGE and AVENS hereby grant you a limited license to display or print a single copy of the materials accessed by you on this Tool solely for your personal, non-commercial use. You may not sell or modify the materials or reproduce, display, publicly perform, distribute or otherwise use the materials, or any part thereof, for any public or commercial purpose.TrademarksAll trademarks used within the Tool and Service remain the property of EMERGE and AVENS; you are not entitled to remove EMERGE and AVENS Trademarks from the Tool and Service. Except as provided through functionality of the Tool and Service, you do not acquire any right or license to the Trademarks of EMERGE and AVENS or its suppliers or licensors.Data Protection and PrivacyAnyone who relies on our Tool and Service will in most cases disclose certain personal or organizational information. The degree of collection and processing of personal or organizational data depends of course on the extent to which the User uses our Tool and Service.
EMERGE and AVENS attach great importance to the privacy of its Users. That is why our Users can rest assured that EMERGE and AVENS takes the utmost care when processing their personal and organizational data. EMERGE and AVENS guarantee that the processing and collection of personal and organizational data will at any time be done in accordance with the applicable privacy legislation. EMERGE and AVENS have taken appropriate technical measures to protect any personal data from unauthorized disclosure or use.
We kindly refer you to our Privacy Policy for more information about the purposes for which your personal and organizational data are being collected and processed and all information about the guarantees we provide with regard to the protection of your personal data. Every User is urged to carefully read this document before using our Tool and Service.
Users will comply with all applicable data protection laws, and will provide EMERGE and AVENS, at User’s cost, with all reasonable assistance in this respect.
Users shall never:
• Violate or attempt to violate the technical or data security of EMERGE and AVENS;
• Go beyond the limitations of use applicable to its account;
• Attempt to probe, scan or test the vulnerability of EMERGE and AVENS systems or networks;
• Attempt to interfere with the provision of EMERGE and AVENS Services or Tool, including but not limited to hacking, introducing virus or malware, denial of service attacks or any other technical act that could or risks to impede EMERGE’s and AVENS’ Tool functionality and Service.Disclaimer of WarrantiesAny Service is provided “as is”. EMERGE and AVENS and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither EMERGE and AVENS nor their suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain or use the Tool, Content or Service at your own discretion and risk.
You will indemnify, defend and hold harmless EMERGE and AVENS and will keep it indemnified for and against any liabilities, claims and expenses, including attorney’s fees, that arise from any claim, or any breach of the Agreement or in general any other act or omission to act by such User or anyone acting on its behalf for use of the Tool and Service.Limitation of LiabilityTo the fullest extent permissible under applicable law, EMERGE and AVENS will have no liability, and any User waives any claim, based on the Tool and Service, its performance and functions, the services provided thereon, any Content used, or any transaction, service or functionality transacted or made available through the Tool or the Service.
EMERGE and AVENS will never be liable for any breakdown of the Tool, interruption or malfunction of the services provided through the Tool, or any other malfunction or technical issues related to the operation of the Tool.
EMERGE and AVENS will never be responsible for any links to third party websites, or any other connection to or interaction with third party materials or functionality.
Under no circumstances will EMERGE and AVENS be liable for any indirect losses, including any loss of business or loss of profit.
To the extent permitted by applicable law, in any event will EMERGE’s and AVENS’ liability be limited to the lesser of the total value of monetary value paid by a User during the six months preceding the cause of liability.Choice of Law and Location for Resolving DisputesYou agree that the laws of Canada govern this contract and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the City of Edmonton, Alberta, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.MiscellaneousThis Agreement constitutes the entire agreement between you and EMERGE and AVENS concerning your use of the Tool and Service and may only be modified by a written amendment signed by an authorized executive of EMERGE and AVENS, or by the posting by EMERGE and AVENS of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; EMERGE and AVENS may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.