Terms of Acceptable Use

1. Users to Comply with Current Terms

By accessing and using this platform, users agree to comply with the terms of the currently applicable terms of acceptable use.

As the platform is updated and regulatory requirements change, these terms may be updated from time to time. Although alerts will be issued to users when modifications are introduced, it is the user's responsibility to be familiar with the current terms.

2. Identification

Users shall provide current, complete and accurate contact information when applying to open an account and shall ensure that such information is kept current, complete and accurate at all times. If a user is an individual, they must be at least eighteen years of age to participate in or subscribe to any of the services. Users shall provide sufficient documentation to demonstrate compliance with the foregoing obligations as may be requested from time to time.

3. Unauthorized Use of Accounts

Users are responsible for all activity that occurs under their account. The user name and password for the account should be kept secure and confidential at all times. If a user has reason to believe that their account is no longer secure, they shall immediately send an email to the address provided on the sign-up page with the word "URGENT" in the subject line. The user's compliance with this provision shall not be construed as a waiver of any right to recover damages from, or obtain other relief against, the user which may arise from unauthorized use of the platform through the user's account.

Users shall not take any action that imposes a disproportionately large load on the platform, which is defined as traffic volume during a time period that exceeds three (3) times the average amount of traffic in the previous three like time periods.

4. Compliance with the Law & Codes of Conduct

Definitions

"Ad Delivery and Reporting" shall mean the collection and use of data about a browser or device for the purpose of delivering digital advertising and related services, including but not limited to providing a specific advertisement based on a particular type of browser, device, time of day, real-time precise location as well as statistical reporting, performance, optimization of placement, billing and logging. It does not include data collection and use for security or fraud prevention.

"DII" shall mean device-identified information that is linked to a particular browser or device if that data is not used, or intended to be used, to directly identify a particular individual or linked to PII, including data that is linked to a series of browsers or devices associated through cross-device linking.

"PII" shall mean personally identifiable information about a specific individual, including but not limited to, name, address, telephone number, email address, financial account number and non-publicly available government identification number.

"Sensitive Information" shall mean religion, race, ethnicity, sexual orientation, political affiliation and health and financial data, including medical information, health conditions, biometric data, sexual interests, online account access credentials, government identification numbers, financial account numbers, health insurance numbers, passwords, access codes or security codes.

"Targeted Advertising" shall mean the use of PII or DII to tailor advertising across unaffiliated digital properties based on attributes, preferences, interests or intent linked to or inferred about, that user or device. It is sometimes referred to as online behavioural advertising (OBA) or tailored advertising and includes interest-based advertising, cross-device linking, cross-app advertising, audience-matched advertising, viewed content advertising and retargeting.

"User Profiles" shall mean data associated with a particular digital device (or set of digital devices) collected over time and across non-affiliated digital properties for the purpose of using such data in future to predict individual preferences or interest to deliver Targeted Advertising to that digital device (or set of digital devices).

Obligations

Users shall, at their own cost, take reasonable commercial precautions to ensure that all digital properties served by the platform and all digital advertising published using the platform are compliant with all federal, state, local or any other laws and/or regulations regarding such advertising, including, without limitation, all laws prohibiting the distribution of malware, unsolicited electronic messages (ie. spam) via the Internet and using PII to deliver Targeted Advertising.

Notwithstanding anything else in its agreement authorizing use of this platform,

1. users shall not use, or permit advertisers or digital properties to use, this platform to publish content that:
   
   
   1. is unlawful, libelous, defamatory, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, fraudulent, deceptive, misleading or otherwise objectionable;
   2. would constitute, assist or encourage a criminal offence, violate the rights of any party, or that would otherwise create a liability or violate any local, provincial, federal or international law;
   3. may infringe any patent, trademark, trade secret, copyright or other Intellectual Property right of any party;
   4. may contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
   5. interfere with security-related features of any of the platform, including without limitation, disabling or circumventing features that are intended to prevent the distribution or publication of malware;
   6. constitutes unsolicited electronic messages, including junk mail and spam; or
   7. attempt to do any of the foregoing activities, or assist or permit any persons in engaging in any of the foregoing activities.
   
   
2. users shall not use, or permit advertisers or digital properties to use, this platform to collect, receive or store data for the purposes of Targeted Advertising that violates the Network Advertising Initiative Code of Conduct, the Self-Regulatory Principles for Online Digital Advertising issued by the Digital Advertising Alliance of Canada or is otherwise prohibited by law in any jurisdiction where its digital advertisements may be viewed and, in particular, users shall not use, or permit its advertisers or digital properties to use, this platform,
   
   
   1. to use, collect, receive or store data from digital properties directed to children under the agent of 16 to develop User Profiles, to knowingly collect, receive or store data respecting the online activity of such children without verifiable parental consent and will otherwise comply with the United States Children's Online Privacy Protection Act ("COPPA");
   2. to use, collect, receive or store data from digital properties for any non-marketing eligibility purposes, including employment, credit, health care, insurance, tenancy or education admissions;
   3. to use, collect, receive or store any PII or Sensitive Data, or to merge such data with DII, to deliver Targeted Advertising without robust notice and opt-in consent;
   4. to use, collect, receive or store any: (1) data that describes the precise geographic location of a device derived through any technology that is capable of determining with reasonable specificity the actual physical location of an individual or device, such as GPS-level latitude-longitude coordinates or location-based radio frequency signal triangulation; (2) information from a camera, microphone or any sensor on a user's device that may collect biometric data from such device (not including barometric pressure, accelerator data or location data used to determine the status or location of the device); (3) personal information stored on or access through a device including calendar, address book, phone/text log, photo/video data or similar data; or (4) substantially all information about viewed content from a user's television, without opt-in consent to deliver Targeted Advertising; or
   5. to attempt to identify any PII that may be included in User Profiles and has been hashed or otherwise anonymized;
   
   
3. users shall comply with the Network Advertising Initiative Code of Conduct, the Self-Regulatory Principles for Online Digital Advertising issued by the Digital Advertising Alliance of Canada and, in particular, users shall,
   
   
   1. provide prominent notice on their web site of a written policy respecting their data collection, transfer and use practices for Targeted Advertising, Ad Delivery and Reporting, including (1) a link to an opt-out mechanism for Targeted Advertising and the collection of PII; (2) disclosure of any standard "health-related”, "political” interest segments used in its Targeted Advertising; and (3) disclosure of its finite data retention limits for DII and PII;
   2. require that all digital properties served by the platform provide a prominent written notice, where feasible, respecting its data collection, transfer and use practices for Targeted Advertising, Ad Delivery and Reporting, including a link to an opt-out mechanism for Targeted Advertising and any collection of PII;
   3. provide notice, where feasible, in or around digital advertisements that are informed by the collection of data for Targeted Advertising, including a link to an opt-out mechanism unless such notice if provided elsewhere on the digital property;
   4. retain DII and PII collected for use in Targeted Advertising, Ad Delivery and Reporting only as long as necessary for the purpose for which the data was collected, to fulfill another legitimate business need or as required by law and use reasonable security measures to prevent unauthorized access to such data;
   5. cease the collection and use of any data for Targeted Advertising on the browser or device for which the user expressed their choice as well as any other browser, device or application associated through cross-device linking unless and until the user provides opt-in consent;
   6. shall provide individuals with reasonable access to any PII (and any information associated with PII) that is collected with or stored on the platform together with an option to: (1) opt-out of future Targeted Advertising; and (2) permanently delete such data (except opt-out preference);
   7. shall conduct appropriate due diligence to help ensure that data obtained from third parties for use in Targeted Advertising provided individuals with equivalent levels of notice and choice; and
   8. require that any subcontractors or third parties to which it may grant independent rights to use User Profiles collected, received and stored on the platform to agree in writing to comply with the foregoing restrictions and conditions.

5. Intellectual Property

Users may not attempt to determine the source code for the platform, nor modify, reprogram, translate, disassemble, decompile, or otherwise reverse engineer the platform. Users may not, except as expressly provided by written agreement, provide the benefit of the platform to a third party via a service bureau, time sharing service or other application service provider.

Users own and retain all right, title and interest in and to their advertising content and data. Notwithstanding the foregoing, users acknowledge that use of the platform may require access to and use of their data and other similar data collected from other users in a manner that is not directly identifiable with any user ("Anonymous Data”). For this sole purpose, users hereby grant a perpetual, irrevocable, non-exclusive, worldwide, transferable and royalty free right to use, copy, modify, distribute and display their data and any derivatives thereof as a component of the Anonymous Data. This limited license granted herein shall survive termination, cancellation, or expiration of the user's account.

Although commercially reasonable precautions have been taken to protect advertising content and data from interference by third parties, no party shall be liable to the user for any damages arising from data loss or corruption for any reason whatsoever. Users are solely responsible for maintaining independent backup copies of their advertising content and data.

Advertising content and data may be disclosed if required by law or an order issued by a court of competent jurisdiction or other governmental authority.

6. Access May be Suspended or Terminated

Any advertising content or data that contains viruses or content which violates, or is suspected of violating, any of these terms of acceptable use may, without prior notice or liability for any resulting monetary losses, be either:

1. suspended until the source of violation is identified and removed;
2. cancelled and removed from the platform.

Any user who violates, or is suspecting of violating, any of the terms of acceptable use on multiple occasions, may have their account and their access to this platform suspended or terminated permanently without notice or liability for any resulting monetary losses.

The user's account may be closed and their access to the platform terminated if their account is in active or idle for more than 12 consecutive months.

The closure of the user's account for any reason shall not prejudice or affect the accrued rights or claims of any other party nor shall it release the user from any of the restrictions of these terms concerning access, use or disclosure of the platform, all of which shall survive termination.