Legal
Last Update: July 6, 2022
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Canadian Anti-Spam Legislation
Effective July 1, 2014, Canada's Anti-Spam Legislation (CASL) comes into effect in Canada. CASL's stated aim is to: "...promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act."
The headings below provide you with specific information on how Smartt complies with CASL when using your information for marketing or sales purposes. The sections are a supplement to our Privacy Agreement which provides more information about how we collect personal information, what it is used for and under what circumstances it is distributed.
If you would like more information on CASL, please visit the Justice of Laws Website.
How we collect your information
We collect your information only by lawful means and only with your consent or as permitted by law. Whenever possible, we get information from you directly or from those whom you have authorized to release your information to us. In some circumstances, we may also receive your information through a referral of a common business contact or personal associate. In such instances, we will provide you with the full name of the person who made the referral in our initial communication to you along with the reason we are contacting you.
How we get consent
We may gain consent either expressly, for specific and stated purposes we both agree to, or implied, when the purposes are indicated by applicable and relevant circumstances or when they follow from other stated purposes. We may gain such consent through different electronic means including electronic mail or social media tools.
How we communicate with you
We may communicate with you using direct one-on-one electronic messages or through mailing lists, group lists, surveys or other one-to-many electronic communications. Regardless of how we communicate with you, we will provide you with a way to contact one of our staff directly and also provide you with an unsubscribe mechanism so that you can discontinue to receive those messages in the future.
How you can unsubscribe
You can unsubscribe from any of our electronic communication by using the unsubscribe mechanism found at the bottom of our electronic messages or by contacting the specific contact person listed in the electronic message you would like to unsubscribe from. If you have more than 1 electronic address with us on file, you will have to unsubscribe separately from each address separately, using either of the options provided.
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Master Services Agreement
The following document contains the Privacy Agreement (“PA”), Acceptable Use Policy (“AUP”), Terms of Service (“ToS”) and Notices and Communication Policy (“NaCP”), collectively referred to as Master Service Agreement (“MSA”). Smartt Inc. (“Smartt”) uses the MSA to describe internal company processes and engagement with subscribers and resellers of various services ("Customer"). The Agreements and Policy statements are also used to enforce Smartt interactions and relationships with any visitor to the smartt.com, or similarly Smartt owned high level domain or sub-domain websites, visitors engaging in any content sharing, discussion boards, e-mailing or other social media activity on Smartt platforms, forums and other similarly administered sites, and Customers engaging in any communication or activity using Smartt Services whereupon data is transmitted to, from, or through Smartt owned or leased network and computer equipment ("User"). Smartt provides a variety of services and products to Customers and Users. Access, services and products include, but are not limited to, access to the smartt.com domain, sub-domains and other similarly owned domains; services such as connectivity, server hosting, web hosting, website design and implementation, website analysis and optimization, electronic mail hosting and data internet protocol transmission; and internet marketing services such as online profile management for social media platforms and search engine optimization (“Service”). The MSA and its components represent a binding agreement between Smartt and Customer or Smartt and User. Smartt reserves the right to update, modify, add to, and remove from the MSA or any of the component Agreements and Policy statements to reflect the introduction of new Services, modification of Services and the modification of policies and procedures. It is the responsibility of the User and Customer to remain compliant with changes to the MSA and visit this website frequently. Continued use of Services indicates User and Customer agreement to the MSA and any modifications contained herein.
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Agreement Construction
Throughout the MSA certain definitions remain uniform but may be reiterated for clarity. Wherever such clarification results in ambiguity due to context, the following construction notes for the MSA will apply.
- Smartt and Customer are collectively referred to as "Parties". Whenever the context or meaning requires or implies: the masculine gender will include the feminine and neuter genders; the feminine gender will include the masculine and neuter genders; the neuter gender will include the masculine and feminine genders and the plural will include the singular.
- For the purposes of the MSA, Smartt includes authorized agents, employees and contractors acting on the behalf of Smartt.
- For the purposes of the MSA, the words “include” and “including” and variations thereof will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.”
- Except as otherwise indicated, all references in the MSA to “Articles”, “Schedules” and “Sections” are intended to refer to Articles, Schedules, and Sections to the MSA and no other Agreement.
- The headings in the MSA are for convenience of reference only, will not be deemed to be a part of the MSA, and will not be referred to in connection with the construction or interpretation of the MSA.
