Terms
Terms
INTRODUCTION
Last Updated 9 APRIL 2024
GASTLES INC., carrying on business as GASTLE AND ASSOCIATES, (“we” or “us” or “our”) respects the privacy of our users (“user” or “you”). This Policy explains how we collect, use, disclose, and safeguard your information when you visit us online at https://gastle.com (or variations of gastle.com), https://gastle.com (or variations of gastle.co), including any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Site”). Please read this Policy carefully. If you do not agree with the terms of this Policy, please do not access the Site.
We reserve the right to make changes to this Policy at any time and for any reason. We will alert you about any changes, by updating the “Last Updated” date of this Policy. Any changes or modifications will be effective immediately upon posting the updated Policy on the Site, and you waive the right to receive specific notice of each such change or modification.
You are encouraged to periodically review this Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Policy by your continued use of the Site after the date such revised Policy is posted.
Not Advice
Any material including information we provide on the Site is for general information purposes only. It is not intended to provide advice or opinions of any kind whatsoever, and may not be used for professional, commercial or other purposes. Do not proceed with any action, or delay any such action, solely on the basis of the material herein, any url links or other general information, without first seeking appropriate professional advice. We provide this material for your convenience only, and should be checked against official sources before they are used for professional, commercial or other purposes. Your use of these materials is entirely at your own risk.
Collection of Your Information
We may collect information in a variety of ways. The information we may collect on the Site includes:
Personal Information, Business Contact Information or Project Information You are under no obligation to provide us with personal or project information of any kind, however your refusal to do so may prevent you from using certain features of the Site. If you provide us with personal information of another person, you represent that you have all necessary authority and/or have obtained all necessary consents from such person to enable us to collect, use and disclose such personal information for the purposes set forth in this Privacy Policy.
What is Personal Information?
You are responsible to understand, or to seek professional advice to understand your rights. The following explains our understanding of Canadian privacy legislation, which we believe defines “Personal Information” broadly as information about an identifiable individual or as information that allows an individual to be identified. For the purposes of this policy, Personal Information means information about an identifiable individual as defined from time to time in applicable privacy legislation. Generally speaking, Personal Information may not include what is considered business contact information: your name, title or position, business address, telephone number, facsimile number or e-mail address. The types of Personal Information we collect from you on the Site may include your name, telephone number, and e-mail address, as well as billing and account information, information about a project, and other information that we may require to provide services.
Another example is the Personal Information, business contact information and/or project information you may voluntarily provide by activating “Contact Us” or other named buttons or functions on the Site. For each of these instances, you may voluntarily provide both personal and/or business details, as well as details of your project.
The Site may provide a “Name” field for you to insert a generally descriptive term of your project, in a limited number of characters. The Site urges you not to reveal any technical features of your project.
The Site may provide a field for you to identify your country, and a general subject area (type) relating to your project. The Site may then then ask you several general questions about your activities with your project, which may include date(s) of the earliest of such activities. The Site may ask about these dates because they may have a bearing on your IP protection strategy and, more particularly, may indicate if you need to act quickly to seek the advice of an IP Professional to confirm deadlines arising from your activities. If you provide incorrect dates then this may lead to errors in the determination of deadlines by an IP Professional and thus lead to irrevocable loss of rights, for which the Site takes no responsibility. The Site does not do anything to validate or verify the dates you have provided. Our acceptance of these details confers no obligations on us to respond in a timely way, and it remains your responsibility alone to ensure that you seek appropriate professional assistance on a timely basis.
The Site may also provide fields for you to answer questions regarding your familiarity with a particular subject, relating to a project of interest, such as a virtual patent marking program. The questions may relate to size and general subject matter of your patent portfolio, and the nature of the guidance, if any, you may have received, or may be receiving, to assist you in managing a compliant virtual patent marking program.
Derivative Data
Information our servers may automatically collect when you access the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site.
Financial Data
Financial information, such as data related to your payment method (e.g., valid credit card number, card brand, expiration date) that we may collect when you purchase, order, return, exchange, or request information about our services from the Site. We store only very limited, if any, financial information that we collect. Otherwise, all financial information is stored by our payment processor, Stripe, and you are encouraged to review their privacy policy and contact them directly for responses to your questions.
Facebook (Meta) Permissions
The Site may by default access your Facebook (Meta) basic account information, including your name, email, gender, birthday, current city, and profile picture URL, as well as other information that you choose to make public. We may also request access to other permissions related to your account, such as friends, check-ins, and likes, and you may choose to grant or deny us access to each individual permission. For more information regarding Facebook permissions, refer to the Facebook (Meta) Permissions Reference page.
Data From Social Networks
User information from social networking sites, such as Apple’s Game Center, Facebook, Google+, Instagram, Pinterest, Twitter, including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks.
Mobile Device Data
Device information, such as your mobile device ID, model, and manufacturer, and information about the location of your device, if you access the Site from a mobile device.
Third-Party Data
Information from third parties, such as personal information or network friends, if you connect your account to the third party and grant the Site permission to access this information.
Data From Contests, Giveaways, and Surveys
Personal and other information you may provide when entering contests or giveaways and/or responding to surveys.
No Agent-Client or Attorney-Client Relationship
Be aware that no agent-client or attorney-client relationship is created between you and us when you voluntarily provide information to the Site. Answering questions, sending information to, or receiving information from, the Site does not establish an agent-client or an attorney-client. The information you provide to the Site leads to part of the written record of your project and may not be protected by any form of legal privilege. The Site may in some instances provide you with general information either through a set of Frequently Asked Questions, or after you have provided answers the questions asked, that is curated following the answers to your questions. In some cases, the general information may be assembled according to conditions based on your answers in relation to your project. In some cases, the general information may provide possible deadlines based on the information you provide. However, the Site does not verify such deadlines and will not be held responsible for any errors in such deadlines or any loss of IP rights if you fail to act by a relevant deadline. Furthermore, even though you provide these details to the Site, we may be delayed in replying to you. In some cases, our delay may exceed a timeline needed for you to act on any such deadlines. Delays in actions on such deadlines may risk the loss of rights otherwise available to you. We accept no responsibility whatsoever for any losses arising from such delays. We strongly recommend that you immediately seek the advice of an IP Professional to confirm the calculations of possible deadlines and to finalize plans to pursue your project.
Use of Your Information
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Site to:
- Administer sweepstakes, promotions, and contests.
- Assist law enforcement and respond to subpoena.
- Compile anonymous statistical data and analysis for use internally or with third parties.
- Create and manage your account.
- Deliver targeted advertising, coupons, newsletters, and other information regarding promotions and the Site to you.
- Email you regarding your account or order.
- Enable user-to-user communications.
- Fulfill and manage purchases, orders, payments, and other transactions related to the Site.
- Generate a personal profile about you to make future visits to the Site more personalized.
- Increase the efficiency and operation of the Site.
- Monitor and analyze usage and trends to improve your experience with the Site.
- Notify you of updates to the Site.
- Offer new products, services, and/or recommendations to you.
- Perform other business activities as needed.
- Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
- Process payments and refunds.
- Request feedback and contact you about your use of the Site.
- Resolve disputes and troubleshoot problems.
- Respond to product and customer service requests.
- Send you a newsletter.
- Solicit support for the Site.
Disclosure of Your Information
We may share information we have collected about you in certain situations. Your information may be disclosed as follows:
By Law or to Protect Rights
If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
Third-Party Service Providers
We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
Marketing Communications
With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.
Interactions with Other Users
If you interact with other users of the Site, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, following blogs.
Online Postings
When you post comments, contributions, or other content to the Site [or our mobile applications], your posts may be viewed by all users and may be publicly distributed outside the Site [and our mobile application] in perpetuity.
Third-Party Advertisers
We may use third-party advertising companies to serve ads when you visit the site. These companies may use information about your visits to the Site and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you.
Affiliates
We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates may include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
Business Partners
We may share your information with our business partners to offer you certain products, services, or promotions.
Other Third Parties
We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.
Sale or Bankruptcy
If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur, and that the transferee may decline to honor commitments we made in this Privacy Policy. We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.
Cookies and Web Beacons
We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Site to help customize the Site and improve your experience. Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the Site. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.
Internet-Based Advertising
Additionally, we may use third-party software to serve ads on the Site, implement email marketing campaigns, and manage other interactive marketing initiatives. This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us.
Website Analytics
We may also partner with selected third-party vendors, such as Adobe Analytics, Google Analytics, Mixpanel, and others, to allow tracking technologies and remarketing services on the Site through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Site, determine the popularity of certain content and better understand online activity. By accessing the Site, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.
Third Party Websites
The Site may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Site, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Site.
Security of Your Information
While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security of you provide personal information.
Policy For Children
We do not knowingly solicit information from or market to children. If you become aware of any data we have collected from children, please contact us at info@gastle.com
Emails and Communications
If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:
- Noting your preferences at the time you register your account with the Site [or our mobile application]
- Logging into your account settings and updating your preferences.
- Contacting us at info@gastle.com.
If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.
Limitation of Liability, Termination of Service
While we have made reasonable efforts to provide useful information, we do not warrant or guarantee that the information is accurate, current, complete or free of defects. We do not warrant or guarantee that the Site will remain available without interruption, error or omission, or be free from viruses or other harmful components. We provide the Site and its materials and information strictly on an “as is” and “as available” basis, without any representations, warranties or conditions of any kind, either express or implied.
By using the Site, you agree that in no event shall we, or any third services we subscribe to, directly or indirectly, be liable to you, or any party directly or indirectly associated with you, whether the claim be in contract, tort, or any other cause of action. We exclude all implied conditions, warranties, representations, or other terms that may apply to the Site or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your:
- use of, or inability to use, our Site; or
- use of or reliance on any content generated by the Site.
We shall under no circumstances be liable for any loss of profits, business interruption, loss of data, loss of earnings, cost-savings, opportunities foregone, losses resulting from disruption to business, or any indirect or consequential loss or damage.
Other Terms Use of the Site: You agree that you will use the Site in good faith and for its intended purpose and you will not misuse or cause damage of any kind to the Site or any of its other users, or to data stored therein, nor will you perform any act that contravenes any laws or that infringes any third-party rights, or as a cover for learning the acts of any other users. You also agree to the Acceptable Use policy set out at Annex 1 to these terms. We have the right to remove any content that you upload to the Site if, in our sole opinion, such content does not comply with our Acceptable Use policy or contravenes this term.[Yesterday 19:28] Kizzy Thornhill The designs are not the same and can cause delays. We have a meeting with the Client on Wednesday. Do we need additional resources on this? [Yesterday 19:31] Kizzy Thornhill I do not believe communication type is an issue as we are all still in the same SKYPE group. We need the resources assigned to remain focused. [Yesterday 19:28] Kizzy Thornhill The designs are not the same and can cause delays. We have a meeting with the Client on Wednesday. Do we need additional resources on this? [Yesterday 19:31] Kizzy Thornhill I do not believe communication type is an issue as we are all still in the same SKYPE group. We need the resources assigned to remain focused.
Subject to change: Except where prohibited by applicable law, we reserve the right to change these Terms in any way, at any time, and without notice. Your continued access to or use of the Site after any changes to these Terms of Use indicates your acceptance of such changes.
Governing Law and Jurisdiction: This Agreement and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and interpreted and construed in accordance with, the laws of Ontario and the laws of Canada applicable therein. You irrevocably and unconditionally agree that the courts of Ontario shall have exclusive jurisdiction over any dispute or claim arising out of, or in connection with, this Agreement, its subject matter or formation (including non-contractual disputes or claims).
This document contains the entire agreement between us with respect to the subject matter hereof. Any failure to enforce any provision of this agreement shall not constitute a waiver thereof or of any other provision.
You acknowledge that you have placed no reliance on any representation made but not set out expressly in these Terms.
You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent.
We may assign, transfer or sub-contract all or any of our rights at any time without consent.
You agree to indemnify us for any and all claims or legal proceedings that may be brought against it and for any loss or damage suffered or incurred as a result of your breach of these Terms.
You acknowledge that your use of the Site confers no right to you to outsource, rent, repackage, or re-brand the Site, or to alter any presentation of the Site or to add advertising or any other association of any other entity with the Site, or alter or remove any trademark and copyright notices thereon, or to present the Site in any way whatsoever.
All content included on, and the compilation of the Site is protected by copyright. We reserve all rights to such copyright. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the Site is strictly prohibited. You may not copy reproduce, modify, publish, distribute, transmit, transfer, or create derivative works from the content, nor any portion thereof, without first obtaining our written permission.
Annex 1 – Acceptable Use Policy
- You may not upload any material during the course of your use of the Site that:
- infringes any copyright, database right or trademark of any other person;
- breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
- facilitates illegal activity;
- depicts sexually explicit images;
- promotes unlawful violence;
- is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
- is otherwise illegal or causes damage or injury to any person or property.
- You are responsible for configuring your information technology, computer programs and devices to access our Site. You should use your own virus protection software. You must not misuse our Site or website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our Site is stored, or any server, computer or database connected to our website or Site. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
- You may not:
- except as may be allowed by any applicable law which is incapable of exclusion by agreement between us and except to the extent expressly permitted under the User Terms:
- attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of any materials published on or software comprised in the Site in any form or media or by any means; or
- attempt to de-compile, reverse compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form all or any part of any software comprised in the Site;
- access all or any part of the Site in order to build a product or service which competes with the Site; or
- use the Site to provide services to third parties; or
- assist third parties in obtaining access to the Site.
- except as may be allowed by any applicable law which is incapable of exclusion by agreement between us and except to the extent expressly permitted under the User Terms:
- You must use all reasonable efforts to prevent any unauthorised access to, or use of, the Site and, in the event of any such unauthorised access or use, promptly notify us.
- If you choose, or we provide you with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
- We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Acceptable Use Policy.
