Privacy policy

Updated: March 2, 2009

Scope

At Primal Fusion Inc. (“Primal Fusion”, or “we”) we value the privacy of the users of our websites, including without limitation, primalfusion.com (the “Site”), web pages, software, services and products (collectively, referred to as the “Services”). We have strict policies and procedures to protect customer information from being disclosed to unauthorized parties. We safeguard your information in accordance with industry standard procedures and security standards, and we maintain physical, electronic and procedural safeguards to protect your personal information. Additionally, we continually assess new technologies to ensure that we are taking reasonable steps to protect your records. This document sets out our privacy policy (“Privacy Policy”).

The Services are not intended for use by anyone not able to enter into legally binding contracts. If you are not able to legally form binding contracts, you may not use any of the Services or submit information about yourself. If you have objections to this Privacy Policy, you should not access, sign up for, or use any of the Services.

This Privacy Policy is incorporated into and subject to the terms and conditions of Primal Fusion’s terms of use, which are located at: http://corp.primalfusion.com/terms-of-use/ (the “Terms of Use”).

We hope that this information provides you with a better understanding of our strict privacy protection policies. Please note that Primal Fusion reserves the right to modify these policies at any time. We invite you to periodically consult this section for possible updates and changes.

Accountability Towards Your Personal Information

We are responsible for the personal information under our control, including information that has been transferred to a third party for processing (if applicable).
We have designated a Privacy Officer who is responsible for our compliance with this policy and with privacy legislation. If you wish to contact our Privacy Officer, you can contact them through one of the following means:

E-mail:

privacy@primalfusion.com, or

Post:

Primal Fusion Inc.
7–258 King Street North
Waterloo, Ontario N2J 2Y9
Canada

What Information do we Collect?

In general, you may access certain of the Services without telling us who you are or revealing any personal information about yourself. When you choose to register for an account for the Services, we will require you to provide contact and other personal information as indicated on the applicable registration form(s). Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature. Accordingly, we collect the following types of information from you:

Registration Information: Upon registration, we collect personal information, such as your name, and e-mail address, when you register to become a member of the Services.

Information collected automatically: In connection with offering the Services, our systems receives and stores information which is transmitted automatically from your computer to our servers when you browse and/or use the Services. These server logs may include information such as your web request, Internet Protocol address (“IP address”), browser type, browser language, the date and time of your request. Also collected automatically is the information found on one or more cookies ('cookies' are small files placed on your hard drive that assist us in providing our services) that may uniquely identify your browser, your IP address and browser type. Your IP address is the unique address of your computer which is automatically provided to other computers when your web browser or e-mail application requests a web page or e-mail from those computers on the Internet.

Your communications to us: When you send e-mail or other communication to us, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.

Consent and Opting Out

Primal Fusion will make reasonable efforts to ensure that you are advised of the purposes for which the information will be used by expressly setting forth such purposes in our privacy policy (please see the section 'How and Why We Use This Information' found below).

You can choose not to provide us with certain information in some situations. Primal Fusion will not, as a condition of the supply of the Services, require an individual to consent to the collection, use, or disclosure of information beyond that is required to fulfill the explicitly specified and legitimate purposes. However, if you choose not to provide us with certain information we may not be able to provide you with certain Services or information.

You may withdraw your consent to the ongoing uses or disclosures of personal information set out in this Privacy Policy at any time, subject to legal or contractual restrictions and reasonable notice. You will be informed of the implications of such withdrawal. You may “opt out” of receiving promotional and marketing communications by sending your request to us.

You will have options for removing your information from our database, to not receive future communications or to no longer receive our Services. Additionally, if you are registered you have the option to cancel your registration at any time (please see the section 'Cancelling Your Registration' below to learn how to cancel).

You may choose to set your browser to reject cookies. However, we do not recommend disabling cookies on our website because you may not be able to log in or use basic features of the Services. For more information see the "Help" information for the browser you are using. IF YOU REFUSE COOKIES, YOU ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.

How and why we use this Information

In general, we collect and use your personal information:

• - to provide the Services to you and our other users;
  - to set up and manage the Services that you have requested;
  - to respond more accurately and efficiently to your requests;
  - to verify your identity, secure your accounts and protect against fraud; and
  - to manage and develop Primal Fusion’s business and operations.; and
  - to inform you of changes in and updates to the Services.

We also use your personal information in the following ways:

Registration Information: We will display your personal information collected through the registration process on your profile according to the preferences you set. We will use your name so that you are recognisable on our database and so that we can personalize your experience. We will use your e-mail address to contact you from time to time and may also use it for security reasons to confirm that you are who you say you are. You can control the types and frequencies of certain e-mails you receive in your e-mail preferences.

Information collected automatically: We use automatically collected information to undertake internal research on our users' demographics, interests, and behaviour to better understand and serve you and our community.

We use data collection devices, including cookies on certain pages of the Site to help analyze our web page flow and measure promotional effectiveness. We offer certain features that are only available through the use of a cookie. We also use cookies to allow you to enter your password less frequently during a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features in connection with the Services.

Disclosure and Retention of Personal Information

In connection with providing you with the Services, your personal information may be processed and stored in the United States or such other foreign country, and the governments, courts or law enforcement or regulatory agencies of that country may be able to obtain disclosure of your personal information through the laws of that foreign country.

As a matter of policy, we do not sell or rent any of your personal information to third parties for their marketing purposes. However, the following describes some of the ways that your personal information may be retained and/or disclosed in the normal scope of business to provide our services:

Aggregate Information: Except as disclosed in your personal profile, we aggregate (gather up data across all user accounts) personal information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. However, in these situations, we do not disclose to these entities any personal information so that there is no disclosure of information that could be used to identify you personally.

Public forums, comments, e-mail and other features: Certain of the Services features allow for your username ("Username") to be displayed throughout the Services, including without limitation forums, message boards, comments, and is therefore available to the public. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

Some of your activities in connection with the Services will be identifiable to others by your Username. For example, your Username will be displayed along with your posted content or comments and will be seen by all other users who view your content or comments. Therefore, if you associate your name with your Username, then others will be able to personally identify your activities in connection with the Services.

Legal or other compulsion: In certain circumstances we may disclose personal information where we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Primal Fusion, its users or the public as required or permitted by law.

Other instances: Personal information may also be disclosed in connection with a sale, transfer or reorganization of one or more of Primal Fusion's businesses, in which case if the acquiring company should plan to materially change this privacy policy, we will notify you beforehand.

We will retain personal information that has been used to make a decision about an individual long enough to allow the individual access to the information after the decision has been made, and, in the event of an access request or a challenge, long enough to exhaust any recourse an individual may have under the law.

Personal Information Safeguards

In the event that your personal information that is in our control is to be transferred to a third party for processing, Primal Fusion will use contractual or other means to provide a comparable level of protection while the information is being processed by a third party.

We have invested and deployed a wide variety of technology and security features to ensure the privacy of personal and anonymous information on our system. We use procedural and technical safeguards to protect your personal information against loss or theft, as well as against unauthorized access or disclosure, to protect your privacy, including firewalls and encryption. We employ many different security techniques to protect such data from unauthorized access by users inside and outside Primal Fusion.

We will continue to revise policies and implement additional security features as new technologies become available. HOWEVER, "PERFECT SECURITY" DOES NOT EXIST ON THE INTERNET, THEREFORE, PRIMAL FUSION MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SUFFICIENCY OF THESE SECURITY MEASURES. PRIMAL FUSION SHALL NOT BE RESPONSIBLE FOR ANY ACTUAL OR CONSEQUENTIAL DAMAGES (OR ANY OTHER DAMAGES OR LIABILITY OF ANY KIND WHATSOEVER, WHETHER AS A RESULT OF NEGLIGENCE OR OTHERWISE) THAT RESULT FROM A LAPSE IN COMPLIANCE WITH THIS PRIVACY POLICY BECAUSE OF A SECURITY BREACH OR TECHNICAL MALFUNCTION.

Links to other Websites and Third Party Ads

The Services, including without limitation, the Site may contain hyperlinks to other websites, including those of our business partners, vendors and advertisers. While we try to link only to websites that share our high standards and respect for privacy, please understand that we are not responsible for the content or for the privacy practices employed by other websites.

[Advertisements for third parties and their products may be included with the Services, including without limitation, the Site, and those third-party advertisements and websites may include a cookie, web beacons, or other device(s) of the third party. We do not have control over the cookies, web beacons, or other devices used by third parties and do not have access to whatever information they may collect.

Openness

Upon written request, we will make readily available to you specific information about our policies and practices relating to the management of personal information, other than confidential commercial information.

Accessing And Updating Personal Information

We make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. You can always challenge the accuracy and completeness of the information that we have collected and request amendments as appropriate.

If personal information you have submitted to Primal Fusion is no longer accurate, current, or complete, and you wish to update it, please inform us by an e-mail to accounts@primalfusion.com. Upon appropriate request we will usually be glad to update or amend your information, but we reserve the right to use information obtained previously to verify your identity or take other actions that we believe are appropriate.

Cancelling Registration

If you are a member and no longer wish to participate in the Services, you can cancel your account by sending an e-mail to Primal Fusion with the subject “Account cancellation request” at the address registration@primalfusion.com.

Challenging Compliance

An individual will be able to address a challenge concerning compliance with the practices to Primal Fusion's Privacy Officer. You may contact our Privacy Offer through one of the ways listed at the beginning of this Privacy Policy. We will investigate all complaints. If a complaint is found to be justified, we will take appropriate measures, including, if necessary, amending our policies and practices.

California Residents

If you are a registered user of the Services and a California resident, you may request information about our company's disclosure of your personal data to third parties. To receive this information, please contact our Privacy Officer through one of the ways listed at the beginning of this Privacy Policy.