Privacy Policy

Date of Last Update: February 16, 2016.

Your privacy is important to us. Mighty Cast Inc. (“Mighty Cast”) has created the following Privacy Policy to let you know what information we collect when you visit www.thenexband.com (the “Nex Band website”), as well as when you use our software, why we collect it, and how it is used. This Privacy Policy is governed by our Terms of Use. By using the Nex Band website, you agree to this Privacy Policy. This is our entire and exclusive Privacy Policy and it supersedes any earlier version. We may change this Privacy Policy by posting a new version of this Privacy Policy on this Site which it is your responsibility to review.

1. Personally Identifiable Information

“Personally Identifiable Information” means any information that may be used to identify an individual, including, but not limited to, a first and last name, home or other physical address, an email address, phone number or other contact information, whether at work or at home. Mighty Cast may ask to collect Personally Identifiable Information from you when you use the Nex Band website. Mighty Cast also automatically receives and records information on our server logs from your browser, including your IP address, cookie information and the page you request. It is always your choice whether or not you provide us with your Personally Identifiable Information; however, a decision to withhold Personally Identifiable Information may restrict or prevent us from providing you with a particular product or service.

2. Limiting Use, Disclosure and Retention.

Our collection of Personally Identifiable Information is limited to what is reasonable under the circumstances, and your information will be used for the purpose for which it was collected, or when it is required or permitted by law. We may inform you about products and services by mail, e-mail, text message, telephone, or other means. If you do not wish to receive direct marketing, contact us and tell us that you do not wish to be contacted in a particular manner.

3. Third-Party Service Providers

We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to Personally Identifiable Information only to the extent needed to perform their functions, but may not use it for other purposes. By providing your Personally Identifiable Information to Mighty Cast in order to obtain Mighty Cast products or services, you acknowledge and agree that disclosure of your Personally Identifiable Information to such third parties may be necessary to provide you with such products and services, and you hereby consent to such disclosure.

4. Sharing and Disclosing Information.

Other than as expressly set forth herein, Mighty Cast does not rent, sell or share personal information it collects about you to or with third parties. Information collected from you is only used to complete and support your purchases from and use of the Nex Band website and to comply with any requirements of law. However, Mighty Cast may disclose Personally Identifiable Information if required to do so by law or in the good faith belief that such action is necessary to:

  • conform to the edicts of the law or comply with legal process served on Mighty Cast or the Nex Band Site;
  • rotect and defend the rights or property of Mighty Cast;
  • act in urgent circumstances to protect the personal safety of users of Mighty Cast, its web sites or the public.

If Mighty Cast should ever file for bankruptcy or merge with another company, we may sell the information you provide to us on the Mighty Cast Site to a third party (in the case of bankruptcy) or share your Personally Identifiable Information with any company with whom we merge – in such situations, Mighty Cast will require, to the best of its ability, the purchasing or merging party to comply with all confidentiality and privacy requirements as set forth herein respecting your Personally Identifiable Information. Mighty Cast may combine your information with other information into an aggregate form, so your information no longer personally identifies you. We may then disclose the aggregate information to third parties, so they can obtain an overall picture of Mighty Cast’s products, services, customer usage patterns and/or other statistical information

5. Security of Information

Mighty Cast will take reasonable precautions to maintain the confidentiality and security of your Personally Identifiable Information so that it is not disclosed to anyone outside our group of companies and our selected third party service providers/business partners without your consent, unless required by law or as otherwise set forth herein. Where possible, Mighty Cast protects the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts the information you input.

6. International Transfers

Personal information collected on the Nex Band website may be stored and processed in Canada or any other country in which Mighty Cast or its affiliates, subsidiaries or agents maintain facilities, and by using the Nex Band website, you consent to any such transfer of information outside of your country.

7. Maintenance of Personal Information

Mighty Cast has established the following practices regarding the maintenance of your personal information.
If, for any reason, you wish to review your personal information that Mighty Cast has in its possession, you can contact our Privacy Officer, who will be pleased to provide you with all your personal information that Mighty Cast has on file.
Sometimes, it will be necessary for you to update your personal information Mighty Cast has on file in order to maintain accuracy. For example, if you move or change credit cards, you may be required to update your information in order to keep receiving the products and services provided by Mighty Cast. If you wish to make any changes or corrections to your personal information, please contact our Privacy Officer who will implement the changes. This will help us ensure our records are always up-to-date.
You always have the choice of whether you wish to receive information, such as e-mail updates, from Mighty Cast. If you do choose to opt out of communications respecting products and services provided by Mighty Cast, you may not obtain all the benefits we could otherwise provide, such as updates or warnings. Mighty Cast will not have any liability to you for your loss of those benefits or any negative effects respecting your use of Mighty Cast’s products or services.
A situation may arise where you desire to have all of your personal information that is contained in Mighty Cast’s records deleted or destroyed. If this is what you wish, please contact our Privacy Officer, who will take care of removing your personal information from all of Mighty Cast’s active records. However, there may be situations where we are obligated to retain one archival copy of your information to allow us to comply with laws or respond to legal processes, and there may be instances where we are unable to remove your specific information from our records for technical reasons. We will inform you of all such situations, and will only use your retained personal information to the limited extent necessary to comply with such laws or respond to legal processes.

8. Conditions of Use, Notices, and Revisions.

If you choose to visit the Nex Band website, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages, resolution of disputes, and application of the law of the province of Quebec. If you have any concern about privacy at the Nex Band website, please contact us with a thorough description and we will try to resolve it. Descriptive headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement. Our business changes constantly, and our Privacy Policy and Terms of Use will change also. Please check back frequently to see recent changes.

Contact

Mighty Cast welcomes your comments about this privacy policy, and we would be happy to provide any additional information you require.

Please contact our Privacy Officer at:

privacy@thenexband.com
Mighty Cast Inc.
1470 Peel Street,
Suite 745 Tower B,
Montreal, QC H3A 1T1

Addenda

This privacy policy supplements any agreements you already have with Mighty Cast, such as the Mighty Cast Site Terms of Use and any applicable product or service agreement. Our privacy policy does not replace the terms of those agreements. By agreeing to those terms and using the Mighty Cast Site, products, software and services, you are consenting to the collection and use of your personal information by Mighty Cast in accordance with this privacy policy. This policy was written in accordance with the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA).


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