Pixel Trail has created this terms & privacy statement (the “Statement”) and is committed to protecting your privacy. This Statement sets out how we collect, use and maintain personal information about users of our website. This Statement takes into account the requirements of federal and provincial privacy laws and reflects our ongoing commitment to protecting your personal information. This Privacy Statement is an abbreviated version of our Privacy Policy, which you can view by clicking here.

BY USING Pixel Trail Websites and Applications, YOU AGREE TO BE BOUND BY THIS STATEMENT. IF YOU DO NOT AGREE TO THIS STATEMENT, PLEASE DISCONTINUE USE OF THIS SITE IMMEDIATELY. We use the term “Website(s)” below to include websites, web applications and mobile applications downloaded to your devices.

What is “personal information”?

Personal information is information about you that allows you to be identified. Your name, address, e-mail address or telephone number are examples of personal information. However, the name, address and telephone number of an individual listed in a telephone directory and accessible to the public do not fall under the definition of “personal information”, as they are publicly accessible. Furthermore, in certain cases, some of this information may constitute commercial information which is not covered by this Declaration.

Collection of personal information

We do not automatically collect personal information from visitors to Pixel Trail Websites. Personal information is only obtained online and applications if you supply it voluntarily, usually through contacting us via email, entering form data, submitting a request via contact form, using data driven functionalities on our apps, participating in a blog or forum, providing feedback, or subscribing to Web or Applications services. You are not required to provide any personal information to view the content of a Pixel Trail Website. Also, please be aware that when you share personal information in public areas of a Pixel Trail Websites, that information may be seen and used by other users. We encourage you to exercise discretion when sharing personal information in such areas.

If you choose not to provide us with personal information online, no material consequences will result, although you may not be able to participate in certain promotional offers, receive product information, or use those portions of a Pixel Trail Websites and Applications that require personalized information or applications.

The Pixel Trail Websites and Applications may use cookies to track user traffic patterns. A cookie is a small data file that certain Websites and Applications place on your computer’s hard drive when you visit them. It can only contain information you supply yourself. It cannot read data off your hard drive or read cookie files created by other sites. Pixel Trail does not link this information to data about individual users and does not share or sell this information to third parties. We use cookies only to personalize the experience of our website visitors. If you prefer not to receive cookies, you can set your browser to warn you before accepting cookies, and you can refuse the cookie when your browser alerts you to its presence. You can also set your browser to refuse all cookies. However, this may restrict the areas of the Pixel Trail website and applications to which you have access.

We may use software that receives and records the Internet Protocol (IP) address of the computer that has contacted the Pixel Trail websites and applications . We make no attempt to link these addresses with the identity of individuals visiting our Websites.

We may also use service providers to serve third-party advertisements on the Pixel Trail Websites or Pixel Trail advertisements on other websites. When serving such advertisements, these service providers may place “cookies” on your computer’s browser and collect certain anonymous information about your visits to other websites or to the Pixel Trail Websites. This information may include browser type, IP address, domain name and web page name from which you linked to such sites, your web activity and time of day. This information is used to better understand and optimize online advertising campaigns.

From time to time, we analyze traffic and use the Pixel Trail Websites to determine what features and services people like and don’t like, so we can improve what we do. We prepare aggregated statistics or summaries of information to describe our services to third parties such as potential business partners and advertisers and for other lawful purposes.

Use and sharing of personal information

Generally, we collect and use personal information to administer our products, services, contests, promotions, surveys, reward programs and other services, to understand our customers’ reactions, needs and preferences, and for the general management of our business. Examples of use include, but are not limited to:

1.  To process and fulfill subscriptions, and refunds placed online on our websites;
2.  To create your account and provide you with services offered on our website;
3.  To send you email updates on Pixel Trail for support, information, events and promotions;
4.  To manage contests and promotions;
5.  To help us get to know you better so that we can personalize and improve our service offering as much as possible to meet our customers’ needs;
6.  To respond to your questions, comments and observations. Maintaining a good relationship with our customers and hearing your comments are of paramount importance to us;
7.  To process and respond to your support requests.

We may also use third-party application services to send and manage e-mail and other communications (e.g. SMS) when requesting information, making purchases or reservations initiated by the user of our Websites.

We may also use personal information to communicate marketing or promotional material about our products, programs and services to our customers or suppliers, or to assist our front-line staff in making personalized offers to our customers. We may exchange or merge personal information with data obtained from third parties for the same purposes.

We may disclose personal information to our agents or contractors in connection with the services they perform for us. Our agreements with these agents and contractors stipulate that this information may only be used for the purpose for which it was communicated to them and that our agents and contractors must manage personal information in accordance with this Declaration. Some of our agents and contractors are located outside Canada and are therefore subject to foreign laws that may require disclosure of personal information to government agencies in their country.

We may offer you the opportunity to participate in our content on or through third-party social networking sites, plug-ins and applications. When you participate in our content on or through third-party social websites, “plug-ins” and applications, this allows us to access certain information contained in your social media accounts (e.g., your name, username, email address, profile, gender) to deliver the content or as part of the operation of the website, plug-in or application. When you provide us with personal information through your social media accounts, we may use that information to personalize your experience on third-party websites and third-party networking sites, plug-ins and applications and thereby offer you products or services you may need.

Consent

By providing us with your personal information, you consent to our collection, use and disclosure of that information as described in this Statement as it may be amended from time to time, or as described prior to or at the time of collection, use or disclosure, as the case may be. If you do not want your personal information collected, used or disclosed in this manner, please :

•  Refrain from providing us with personal information;
•  Exercise the opt-out option described above or offered at the time of collection; or
•  Refrain from following the consent procedure described above or proposed at the time of collection of your information.

If you have submitted personal information to us and wish to withdraw your consent to its retention, use or disclosure, please send an email to our Privacy Officer listed at the bottom of this page. You may withdraw your consent at any time upon reasonable notice and subject to any legal or contractual restrictions that may apply. If you withdraw your consent, we may no longer be able to provide you with certain products or services.

Where permitted or required by law, we may collect, use or disclose your personal information without your consent, for example, to collect a debt you owe us, to comply with a lawful request from a government agency or to comply with a court order.

Safeguards and retention of information

We use physical, organizational and technological safeguards to protect your personal information against theft and loss, as well as unauthorized access, use, disclosure and destruction. As a general rule, you can visit the Pixel Trail website without disclosing any personal information about yourself. However, since electronic data transmission is never completely secure, we do not guarantee the security of any personal information you submit online, which you do at your own risk.

Terms  of use and changes to this Statement

Your use of the Pixel Trail Websites and any dispute arising out of such use is subject to this Statement and governed by our Terms of Use, including our choice of law provisions. We reserve the right to modify the Policy and to diligently update it from time to time. We encourage you to review our Policy from time to time to ensure that you are aware of any changes we may make.

Security Components.

You acknowledge and agree that the Websites and the Services, and the software embodied within the Websites and the Services, may include security components that permit digital materials to be accessed, used, and protected, and that use of these security components is subject to usage rules set by Pixel Trail and/or content providers who provide content to Pixel Trail. You may not attempt to override or circumvent any such security components and usage rules embedded in the Websites and the Services.

Subscription Fees and Payment.

Access to and use of the Services is subject to a subscription fee (“Fee”). The Fee is payable in CAD dollars or other currency as applicable. You will be required to provide your credit card number and other information at the time of your initial registration. Your credit card will automatically be charged at the time of your subscription or the end of your free plan, and regularly thereafter based on the terms of your subscription, and you hereby authorize Pixel Trail to charge your credit card for the then-applicable subscription fee. The Fee is non-refundable. Pixel Trail reserves the right to change or modify the Fee or payment schedule (including, without limitation, increasing prices and charging a fee for upgrades) at any time. Plans priced in currencies other than CAD dollars are subject to adjustment due to fluctuations in exchange rates. Pixel Trail will use its reasonable best efforts to provide you with reasonable notice prior to making any fee changes or modifications, with the exception of exchange rate changes.

Free plan eligibility is determined by Pixel Trail at its sole discretion and we may limit eligibility or duration to prevent free plan abuse. We reserve the right to revoke the free plan and put your account on hold in the event that we determine that you are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Pixel Trail membership to determine eligibility. For combinations with other offers, restrictions may apply.

If Pixel Trail is for any reason unable to effect automatic payment via your credit card, Pixel Trail will attempt to notify you via email and your account will be disabled until payment is received. You are responsible for notifying Pixel Trail of any changes to your credit card information and to update your information if your credit card has expired. Pixel Trail may suspend, terminate and/or otherwise interrupt your access to the Services if you fail to notify Pixel Trail.

All Fees are exclusive of all excise, sales, use, transfer and other taxes and duties imposed with respect to the Services by any federal, state, municipal or other governmental authority, all of which taxes you are required to pay. You are responsible for obtaining and providing to Pixel Trail any certificate of exemption or similar document required to exempt any transaction from sales, use or similar tax liability.

You agree to pay your account balance on time. You are responsible and liable for any costs and expenses, including attorney and collection fees, that Pixel Trail may incur in its efforts to collect any remaining balances due from you.. If you do not notify us within 30 days, you waive any right to dispute such problems or discrepancies.

We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Limited License

Pixel Trail hereby grants to Registered Users a limited, personal, revocable, non-sublicensable license to display copies of your account’s Pixel Trail. Content and the Third-Party Content located on or available through our Websites or Service (excluding any software code therein) solely for your single, personal, non-transferable and non-commercial use in connection with viewing our Websites and using the Services during the term of your registration. All such use is subject to the terms and conditions set forth in this Agreement and may be terminated by Pixel Trail as set forth in this Agreement. Except for User Content posted by you, you may not copy, store, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Pixel Trail websites Content for any purpose whatsoever.

Use of Pixel Trail data

We reserve the right to use the data, status and any information in your Pixel Trail applications (i.e. excluding the personal data of your administrators and content editors) and to re-broadcast, distribute, share directly or via commercial or application partners in order to extend the reach and use of the information for users of your trails and sports facilities. These uses, commercial or otherwise, are at the sole discretion of Pixel Trail.

Term and Termination

This Agreement, as it may be modified from time to time, shall remain in full force and effect for so long as it is posted on any of the Websites or until terminated by Pixel Trail or by you.

You may terminate your status as a Registered User and cancel your account at any time and for any reason, by notifying us by email at support@pixeltrail.co, but any such termination and cancellation will be effective only after Pixel Trail has processed the request. If you cancel your account prior to the expiration of your pre-paid subscription period, you will forfeit the Fees paid for any unused portion of your subscription, which are non-refundable. You also acknowledge and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Pixel Trail.

Pixel Trail reserves the right to suspend or terminate your status as a Registered User, cancel your account, and disable your access to the Websites and Services at any time, with or without notice to you, with or without cause, and without liability to you. Pixel Trail shall have no liability to you or any third party because of such suspension or termination or related action for any reason except as follows: (a) If Pixel Trail elects do so with cause, then no refund of any unused portion of a pre-paid subscription is owing, and (b) if Pixel Trail elects to do so without cause, then Pixel Trail will refund any unused portion of a pre-paid subscription.

Thes terms and conditions shall survive any termination of this Agreement, your account, and/or your use of the Service.

Upon suspension or termination, Pixel Trail shall have no obligation to save any User Content that you may have posted or otherwise provided, and we reserve the right to permanently delete and destroy any of your personal information and/or User Content.

Modification and Discontinuation

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Websites and/or the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Websites and/or the Services .

Access and contact

Upon written request, Pixel Trail will provide you with access to your personal information, subject to certain exceptions provided by applicable legislation. If you notice any errors or omissions in your personal information, please inform us in writing and we will promptly make the necessary corrections, if any. If you have any concerns about this Privacy Statement, the security of your personal information or our compliance with applicable privacy legislation, please send a brief written explanation of your concerns to our Privacy Officer at the following address:

Privacy Officer

Udo Blenkhorn

support@pixeltrail.co

Pixel Trail

Ste Adèle, Québec

J8B 0L3 Canada