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PRIVACY POLICY

  1. Our Privacy Policy. This privacy policy (this “Privacy Policy”) is provided by Kimberfire Inc. (“Kimberfire”, “us”, “we”, “our”, or words of like meaning) and applies to this website and the associated websites, applications, and social media accounts owned and operated by Kimberfire (collectively, this “Site”). We appreciate the trust you (“you”, “your”, “yourself”, and words of like meaning) place in us when you choose to access, visit, and use this Site or purchase products and services by way of this Site, and we take that responsibility seriously. This Privacy Policy explains how we collect, use, and disclose of personal information in Canada. This Privacy Policy is governed by and forms an integral part of this Site’s Terms of Use (the “Terms of Use”). Capitalized terms used but not otherwise defined in this Privacy Policy will have the meaning given to them in the Terms of Use. In general, “personal information” is information about an identifiable individual, subject to more particular definitions or interpretations under applicable law. This Privacy Policy does not apply to personal information about Kimberfire’s employees, personnel, contractors, consultants, or other temporary or permanent Kimberfire staff or other individuals engaged by or assigned to Kimberfire or to any information that is not personal information as defined in or interpreted under applicable law.

    BY ACCESSING OR USING THIS SITE, THE CONTENT, OR ANY PRODUCTS AND SERVICES, IN WHOLE OR IN PART, YOU REPRESENT AND WARRANT TO AND IN FAVOUR OF KIMBERFIRE THAT YOU HAVE READ AND UNDERSTAND THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY OR ANY PORTION HEREOF, YOU ARE NOT PERMITTED TO ACCESS OR USE THIS SITE OR ANY CONTENT OR PRODUCTS AND SERVICES OR ANY PORTION THEREOF.

  1. Changes to this Privacy Policy. Kimberfire reserves the right to change this Privacy Policy at any time and from time to time, and we will take reasonable steps to advise affected individuals of any material changes, if necessary. However, you should review this Privacy Policy from time to time to ensure that you are aware of and accept any changes made.
  2. Protecting Your Privacy. We are committed to protecting the privacy of your personal information. We collect, use, and disclose personal information in accordance with Canadian privacy law as necessary to offer and provide our customers with Products and Services and information and generally to fulfill our responsibilities with respect to our business. We will strive to prevent unauthorized access to your personal information. However, no data transmission over the Internet is guaranteed to be 100% secure. We will continue to enhance security procedures as new technologies and procedures become available.
  3. Information Collection. Kimberfire typically collects personal information directly from you or through our interaction with you, including by way of this Site. We may also obtain personal information about you from other sources. The types of personal information we collect and use will depend upon the user, the user’s use and interaction with this Site and Products and Services, and the type of information and Products and Services involved therewith. Subject to applicable law, the types of personal information we collect from you and third parties may include:
    1. identifying information, such as your name, address, email address, phone number, and contact details as well as other information required to verify your identity or payment method;
    2. certain demographic information, including your age or birthdate, gender, postal code or ZIP code, and other similar information about you;
    3. profile information, including contact, purchase, and preference information as well as information about any purchased Products and Services, any Products and Services in your online shopping cart or saved for future purchase, Service review information, promotional information, and other information about any profile or account you may have with Kimberfire or this Site;
    4. preference information, such as your contact and marketing preferences and product and services interests;
    5. billing and financial information, including credit and account information, payment method and payment information (such as debit or credit card number and associated information), billing and shipping address, billing and income information related to the Site, and billing contact information (such as for receipts or order updates);
    6. purchase or order information, such as Products and Services you purchase or use;
    7. call and video conference recordings, including information about your call or video conference;
    8. incidental information about you relating to this Site, the Content, or Products and Services;
    9. information about you that we collect in the course of providing Products and Services, including personal information about you and third parties;
    10. information about you contained in communications within Kimberfire, including between Kimberfire and third parties, and between Kimberfire and you, whether online or offline;
    11. location information of your device that you use with our Site, if your device settings allow us to collect location information;
    12. device and browsing information including IP addresses, information about your phone, tablet, computer, or device, online browsing activity, unique device identifiers, Cookie identifiers, device and browser settings and information, Internet service provider (ISP) information, information about when and how you access and use this Site (such as the date and time of your visit or use), the websites you visit before coming and after leaving this Site, how you navigate and what you search for using this Site, the web pages and items and Products and Services you view using this Site, and the Products and Services you purchase; and
    13. information Kimberfire may collect with your consent or as permitted or required by applicable law.
  4. Use of Information. Kimberfire and this Site and our third-party service providers use personal information to:
    1. schedule consultations, provide Products and Services to you, fulfill your orders, selections, and instructions, process your payments, process, maintain, and service any user account you may have with us, verify the information you provide to us to ensure it is valid, administer our billing databases, and issue and collect accounts;
    2. communicate with you regarding Content and Products and Services, notify you of Products and Services that we think you may like, inform you of offers and promotions, market and advertise to you, including by sending you marketing and advertising communications and customizing the marketing and advertising that we show you, and respond to your requests and inquiries, including by way of emails, newsletters, SMS messages, RSS feeds, and other forms of communication;
    3. provide and improve this Site, the Content, and the Products and Services and understand how you use this Site;
    4. personalize your experiences with us and enrich your experience on this Site, including by remembering your interests and preferences, customizing Products and Services, tracking and categorize your activity and interests on this Site, and identifying the different devices you use;
    5. develop and use our knowledge management systems that contain personal information about you;
    6. manage and administer our business, including to protect you against error, operate and improve upon our business and lawful business activities, maintain our programs, accounts, and records, conduct research, determine your satisfaction with Products and Services, and detect and prevent fraud or misuse of this Site and the Content and Products and Services;
    7. defend or protect us, you, or third parties (including other users) from harm or in legal proceedings, protect our rights, protect our security and the security of our users, employees, and property, respond to court orders, lawsuits, subpoenas, and government requests, address legal and regulatory compliance, and notify you of Service or safety issues;
    8. enforce this Privacy Policy and/or the Terms of Use;
    9. compile and aggregate information collected by way of the Site; and
    10. take such actions and do such things as permitted or required by applicable law or for purposes for which you otherwise provide your consent.
  5. Disclosure and Sharing of Information. Except as set out in this Privacy Policy, we will not disclose, share, sell, rent, or otherwise transfer your personal information without first receiving your permission. Kimberfire may disclose the personal information we collect about you to third parties, including:
    1. where you consent to such disclosure or have instructed us to disclose your personal information to a third party for a designated purpose;
    2. to our contractors, subcontractors, agents, suppliers, trading partners, and service providers, including where they are authorized to perform services or functions for us or on our behalf, such as processing payments, providing data storage, hosting this Site, marketing Products and Services, performing web analytics, conducting audits, or where it is necessary for them to collect fees, for instance, to a financial institution or collection agent;
    3. where we reasonably believe a third party requesting your information is your agent; and
    4. where we are required, permitted, or authorized to do so by law, by order of a court of competent jurisdiction, or to regulatory (including self-regulatory) or governmental authorities.

Where applicable, we will take steps to require that such parties treat your personal information in accordance with this Privacy Policy and use and disclose it only for the purposes for which it was collected or otherwise in accordance with applicable law.

  1. Aggregated Data. Kimberfire may use your personal information and information about your activity in connection with this Site to generate aggregated data for internal use and for sharing with third parties. “Aggregated data” means data that has been stripped of information that could personally identify an individual and has been manipulated or combined to provide generalized, anonymous information.
  2. Your Consent. Each of Kimberfire and this Site collects, uses, and discloses your personal information with your consent or as permitted or required by applicable law. Your consent may be express or implied, depending on the circumstances and the sensitivity of the personal information in question. We may ask you for your consent when we collect, use, or disclose of your personal information. In most cases, your consent to the collection, use, and disclosure of personal information by Kimberfire may be implied by your conduct with us if the purpose of the collection and our expected use or disclosure of your personal information is or should be obvious and you voluntarily provide your personal information, including the fact that you have provided the information to access or use this Site or Content or Products and Services or where the collection, use, and disclosure of personal information relates to the provision of Products and Services by Kimberfire. If you provide personal information about another person to us, we assume you have the consent of that individual to enable us to collect, use, or disclose their information as described in this Privacy Policy. If you choose to provide personal information to Kimberfire, we assume that you consent to the collection, use, and disclosure of your personal information as outlined in this Privacy Policy. If you do not consent, please do not provide your personal information or, where applicable, please exercise the opt-in or opt-out options offered. Subject to legal and contractual requirements and reasonable notice, you may refuse to consent to our collection, use, and disclosure of your personal information, or you may withdraw your consent to our further collection, use, and disclosure of information about you, by contacting us via email at privacy@kimberfire.com or via the Contact page of this Site. If you withdraw your consent to certain uses of your personal information, we may no longer be able to provide you with certain Products and Services. There are instances where Kimberfire may collect, use, or disclose your personal information without your consent, including to collect a debt you owe to us, to comply with a subpoena or court order, or to comply with the rules of court regarding the production of records.
  3. Cookies. Kimberfire understands that your privacy is important to you and is committed to being transparent about the technologies it uses. Kimberfire may use cookies, web beacons, pixels, clear gifs, and other similar tracking technologies (“Cookies”), which may be stored on or accessed from your device when you use or visit this Site or any website or app that posts a link to this Site. A cookie is a small text file that can be stored on and accessed from your device when you visit this Site. Other tracking technologies work similarly to cookies and place small data files on your devices or monitor your website activity to enable Kimberfire to collect information about how you use this Site. The use of Cookies on this Site enables us to create a more customized experience for you. It allows this Site to recognize your device as distinct from those of other users. By continuing to access and use this Site, you agree that Kimberfire can store and access Cookies. The data collected by this Site or through Cookies that may be placed on your computer will not be kept for longer than is necessary to fulfil the purposes set out in these Terms of Use. Kimberfire uses Cookies to, among other things, identify you and your interests, to remember your preferences, to enhance your user experience, for marketing purposes (including targeted ads), to track your use of this Site, for analytical purposes. Kimberfire also uses Cookies to control access to certain content on this Site, to protect this Site, to prevent spam and fraud, for compliance purposes, and to process any requests that you make of Kimberfire or other users. To administer this Site and for research purposes, Kimberfire may also contract with third-party service providers to track and analyze statistical usage and volume information from the users of this Site. These third-party service providers may use persistent Cookies to help us improve the user experience on this Site, manage the Content and Your Content, and analyze how users navigate and utilize this Site. Kimberfire may contract with third-party service providers to send emails to users who have provided Kimberfire with their contact information. To help measure and improve the effectiveness of Kimberfire email communications, or to determine whether messages have been opened and links clicked on, the third-party service providers may place Cookies on the devices of these users. Kimberfire may use persistent Cookies to improve your experience of using this Site. Session Cookies are temporary and deleted from your machine when your web browser closes. Kimberfire uses session Cookies to help us track Internet usage. You may refuse to accept Cookies by activating or adjusting the appropriate setting of your Internet browser to reject the setting of all or some Cookies or alert you when a Cookie is placed on your device. However, if you refuse to accept Cookies or use your browser settings to block all Cookies, you may be unable to access or use this Site or functionalities of this Site (in whole or part). If you want to remove previously stored Cookies, you can manually delete these Cookies at any time. However, this will not prevent this Site from placing further Cookies on your device unless you adjust your Internet browser setting so that it will refuse Cookies. Unless you have adjusted your browser setting so that it will refuse Cookies, this Site will issue Cookies when you direct your browser to this Site.
  4. Links and Third-Party Websites. For your convenience, Kimberfire and this Site may offer links from this Site to Third-Party Sites. When you click on links on this Site, they may direct you away from this Site. Once you leave this Site or are redirected to a Third-Party Site, you are no longer governed by this Privacy Policy or this Site’s Terms of Use. YOU ACKNOWLEDGE AND AGREE THAT KIMBERFIRE WILL NOT BE RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR, THE PERSONAL INFORMATION COLLECTION, USE, AND DISCLOSURE PRACTICES OF THIRD-PARTY SITES, AND WE ENCOURAGE YOU TO READ THEIR PRIVACY STATEMENTS AND POLICIES BEFORE PROVIDING ANY PERSONAL INFORMATION ON THIRD-PARTY SITES.
  5. Third-Party Providers. Kimberfire and this Site may transfer your personal information to third-party providers hired to administer or provide Products and Services or information on our behalf. In general, third-party providers used by us will only collect, use, and disclose your information to the extent necessary to allow them to provide the products and perform the services they provide to us or you on our behalf. We use reasonable measures to require the organizations with which we share your personal information for these purposes to use your personal information only to perform the services we have hired them to provide. Certain third-party providers, including payment gateways and other payment transaction processors, have their own privacy policies governing the personal information we are required to provide to them for your purchase-related transactions. For such third-party providers, we recommend that you read their privacy policies so you understand the manner in which your personal information will be handled by them. In particular, please note that certain third-party providers may be located in or have facilities that are located in a jurisdiction outside Canada. As a result, your personal information may be transferred, stored, or processed outside Canada in connection with the purposes described in this Privacy Policy. If you elect to proceed with a transaction that involves a third-party provider, your personal information may become subject to the laws of the jurisdiction in which that third-party provider or its facilities are located, and contractual or other measures we may use to protect your personal information are subject to the legal requirements of the foreign jurisdictions where your personal information may be transferred, stored, or processed, including lawful requirements to disclose information to government authorities in those countries.
  6. Your Posted Information. This Site may allow or enable you to post, upload, or otherwise share your personal information to this Site or otherwise on the Internet in a public manner. You acknowledge and agree that any and all such posted, uploaded, or shared personal information (“Your Posted Information”) may be visible to the public and can be collected and used by others, including for the sending of unsolicited messages. We do not control who reads your postings or what others may do with Your Posted Information. We encourage you to use your discretion with respect to posting, uploading, or otherwise sharing your personal information, including by way of this Site. Kimberfire reserves the right to remove, edit, limit, or block access to Your Posted Information at any time, and it will have no obligation whatsoever to review or display Your Posted information. You are solely responsible and liable for Your Posted Information.
  7. Security and Fraud. Kimberfire takes commercially reasonable steps to protect the confidentiality and security of personal information you share with us through this Site and has implemented reasonable physical, organizational, and technological security measures to safeguard the personal information in our custody or control. These include safeguards to protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. However, given that electronically submitted data is not 100% secure, we make no representations or warranties as to the security of any such personal information that you submit, which you do at your own risk. You may come in contact with websites, emails, texts, or other communications that try to lure you into providing personal information with an offer purporting to be from Kimberfire. Kimberfire does not sponsor or endorse these offers. If you become aware of any potentially fraudulent activity on a website or in an email, text, or other communication please forward the information to us via email at privacy@kimberfire.com or via the Contact page of this Site so we can follow up.
  8. DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT, DUE TO THE PUBLIC NATURE OF THE INTERNET, ANY AND ALL PERSONAL INFORMATION POSTED, UPLOADED, SHARED, SUBMITTED, TRANSMITTED, OR OTHERWISE PROVIDED BY YOU TO KIMBERFIRE BY EMAIL OR BY WAY OF THIS SITE, INCLUDING ANY AND ALL OF YOUR PERSONAL INFORMATION, IS NOT 100% SECURE. SUBJECT TO TAKING COMMERCIALLY REASONABLE STEPS TO PROTECT THE CONFIDENTIALITY AND SECURITY OF YOUR PERSONAL INFORMATION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KIMBERFIRE WILL NOT BE RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR, ANY UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS, CORRUPTION, OR DESTRUCTION OF SUCH INFORMATION AS A RESULT OF SUCH INFORMATION BEING TRANSMITTED VIA THE INTERNET.
  9. Access, Choices, Correction, Enquiries, and Complaints. Kimberfire and this Site maintain records of your personal information for the above-mentioned purposes in accordance with applicable law. Kimberfire strives to offer you access to your personal information, provide you with choices about how your personal information is used and shared, and provide you with an opportunity to correct your personal information if it is incorrect or to request that we delete your personal information if it is not required to be retained by us pursuant to applicable law or for legitimate business purposes. We encourage you to review your privacy options and settings with the social media platforms and networks you use to understand what choices you have about sharing information from those platforms and networks with us or this Site. You may choose not to provide your location to us in connection with your use of this Site by declining any prompt requesting location information, and by customizing your mobile device settings to prevent sharing of location information. You may make a request for access to your personal information by contacting us via email at privacy@kimberfire.com or via the Contact page of this Site. We are not able to grant all access requests, and we may request additional information from you in order to verify your identity before accommodating an access request. We may need to verify your identity before searching for or providing you with personal information. In some circumstances, we may not provide access to your personal information, including if it contains the personal information of other persons, if it constitutes confidential commercial information, or if it is otherwise not properly the subject of an access request. It is important that your personal information be accurate and up to date. Please inform us as soon as possible of any changes to your personal information. If you have any questions, requests, or complaints about our personal information practices or if you wish to request access to, or correction of, your personal information in custody or control of Kimberfire, please contact us via email at privacy@kimberfire.com or via the Contact page of this Site.
  10. Contact Us. If you have any questions regarding this Privacy Policy, please contact us via email at privacy@kimberfire.com or via the Contact page of this Site.

Last updated: January 24, 2021