Terms and Conditions of Service
1. Acceptance of Terms & Conditions (Terms as a Contract)
1.1 The Website. Hendrix and the Hendrix website (the “Website”), located at hendrix.ai is provided, owned and/or operated by Testfire Labs, Inc. (“Testfire Labs”). The Website shall include any new related software, apps, webpages, websites and associated products or services which may be added from time to time.
1.2 The Material. This page states the Terms and Conditions of Service under which you may access and use Hendrix, the Website and all information, material, original works and other subject-matter or content including, without limitation, the underlying HTML, articles, text, data, photographs, images, illustrations, designs, icons, audio clips, video clips, graphics, user interface, documents, products, services and software, on the Website (the “Material”).
1.3 The Services. By accessing and/or using Hendrix, the Website and/or the Material (collectively referred to as the “Services”), you agree to be bound by these Terms and Conditions of Service. If you do not accept or agree with any or all of these Terms and Conditions of Service, do not access or use the Services.
2.1 Registration Data. If you register for any online services you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form (“Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, we shall have the right to suspend or terminate your account and refuse any and all current or future access or use the Services. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about any online service or your account. You further agree that we are authorized to verify such Registration Data.
2.2 You acknowledge and agree that we may rely on the Registration Data to send you important information and notices regarding your account and any online service. From time to time, we may send you newsletters and other promotions by email or SMS. You can unsubscribe from our newsletters and other promotions through the unsubscribe mechanism contained in the applicable message.
2.3 Legal Age & Contractual Capacity. All Services are provided by Testfire Labs for use by persons age eighteen (18) or older, and an individual or entity legally capable, by Canadian law, of entering into a legally binding contract with Testfire Labs. Acceptance of the Agreement represents admission of authorization of legal age and signatory capacity. At its discretion, Testfire Labs reserves the right to terminate its relationship with any Member who is found to have submitted inaccurate information or misrepresented themselves in any manner.
2.4 Amendments to the Terms and Conditions of Service. The Terms and Conditions of Service may be amended at any time by Testfire Labs by posting a new Terms and Conditions of Service on the Website in place of this one. The date on which the Terms and Conditions of Service were last amended is indicated at the beginning of this webpage. The amended Terms and Conditions of Service shall automatically be effective when posted. Amendments may include, without limitation, additions, deletions or modifications to these Terms and Conditions of Service.
2.5 Notice of Amended Terms and Conditions of Service. Testfire Labs will post notice that the Terms and Conditions of Service have been amended on the fronting webpage of the Website located at hendrix.ai for a period of 30 days. You must visit this webpage and review these Terms and Conditions of Service each time that you visit the Website in order to ensure that you are aware of any amendments and that they are acceptable to you.
2.6 Your continued access and/or use of any of the Services following the posting of amended Terms and Conditions of Service and the related notice means that you accept to be bound by the Terms and Conditions of Service, as amended. If you do not agree with any of the terms or conditions in the amended Terms and Conditions of Service, then you agree to immediately cease all access and/or use of the Services, which shall be your sole recourse and remedy in the event you are dissatisfied with the amended Terms and Conditions of Service. These Terms and Conditions of Service may not otherwise be amended.
3. Testfire Labs License
3.1 License to Member. Through this Terms and Condition of Service, Testfire Labs provides Member with a non-exclusive license to use the Services made available to you through your Testfire Labs account. This license allows Member use of the Services solely in the manner permitted by this Terms and Condition of Service. The license is only active while your account is in good standing and as permitted by the Agreement.
3.2 Software Access/Use Restrictions. Member will not copy, translate, modify, reuse, disassemble, decompile or reverse engineer any aspect of the Services, or transmit the software to any third-party unless Testfire Labs has given written permission to do so. Additionally, Member may not use non-Testfire Labs software to access the Services.
3.3 If you use, or attempt to use the Services for other purposes including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the Services, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
3.4 Transfer of License. Member may not transfer, assign, rent, lease or sublicense his/her rights to use the Services to another party unless Testfire Labs has given written permission to do so.
4. Condition of Testfire Labs Services (Management of Accounts)
4.1 Affiliates. Member agrees to allow any and all affiliates and/or subsidiaries to work in conjunction with Testfire Labs in order to provide you with Services.
4.2 Account Access. Testfire Labs and its affiliates and/or subsidiaries reserve the right to access Member’s account content if it is necessary to correctly process a transcript, assist with customer service, process subscription payments, enforce the Agreement, investigate and/or address any security or technical issues, or if Testfire Labs believes this access is necessary to act in accordance with a legal or governmental request.
4.3 Account Storage. Member acknowledges that Testfire Labs may not currently have a fixed maximum limit on the number of conversations it’s able to record, transcribe or store. At its discretion, Testfire Labs may create limits on use and storage at any time. Your account content, including personal information, may be stored and processed in a Testfire Labs facility or a facility of its agents in Canada or the United States. Be advised that any information stored in the United States may be subject to the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (“USA Patriot Act”). The USA Patriot Act may allow U.S. law enforcement officials to access any electronic and business records that are stored in the United States at any time.
5. Use of Testfire Labs Services
5.1 Equipment Requirements. Testfire Labs Members must provide all equipment required to use the Testfire Labs service including but not limited to a computer and/or a phone, as well as the respective services such as high speed internet connection, and telephone service (land-line or cellular phone) through a third-party provider. Testfire Labs does not provide internet or telephone services. Member must also install, download or access the necessary software from Testfire Labs, if required. Testfire Labs may automatically update software as needed without notice, or require an update to be downloaded and installed prior to continued use.
5.2 Members Agreement to Use. By accepting the Agreement, Member agrees to the following regarding use of Services:
Services will only be used as is permitted by the Agreement and any law, regulation or guideline in appropriate jurisdictions;
Services will not be accessed or attempted to be accessed through any means other than the user interface provided by Testfire Labs, including through any automated means. This includes, but is not limited to, any attempt to breach security features, to probe or test the website’s defenses, or to access any Testfire Labs system or network for which the Member has no authorization;
Member will not access content, data, or accounts for which the Member has no authorization;
Member will not act in any way that leads to the interference or disruption of Services or any equipment connected with running the Services;
Member will not copy, duplicate, reproduce, trade, sell, resell, market, publish or exploit any Services or elements of the Testfire Labs website at any time;
Member will not use Testfire Labs’s Services or systems to attempt to gain unauthorized access to other computer systems; and
Member is completely responsible for any violation of the Agreement and is liable for all consequences that may result from such a violation. This includes any loss or damage suffered by Testfire Labs as a result of Member’s violation.
5.3 Criminal/Civil Liabilities. Any Member who violates any stipulation of the Agreement may be subject to the full extent of the law, including holding said person to civil and/or criminal liability. Testfire Labs will cooperate directly with appropriate law enforcement in the case of any investigation related to a violation of the Agreement.
6. Password Confidentiality & Account Security
6.1. Password Confidentiality. As a Member, you authorize us to process any and all account transactions initiated through the use of your username and password or PIN. You are solely responsible for maintaining the confidentiality of your username and password or PIN and must immediately notify us of any unauthorized use of your username and password or PIN. You acknowledge and agree that you are responsible for any unauthorized activities, charges and/or liabilities made through the use of your username and password or PIN. In no event will we be liable for the unauthorized use or misuse of your username and/or password or PIN. A Member has the opportunity to change your password at any time in the account settings section of Member’s account.
6.3 Account Security. For any loss incurred as a result of unauthorized use of your account, password or PIN, whether known or unknown, Testfire Labs will not be held liable. You are solely responsible to Testfire Labs for all activities that may occur under your account.
7. Privacy & Personal Information
8. Proprietary Rights & Intellectual Property
8.1 Testfire Labs’s Proprietary Rights. Member recognizes and agrees that all legal rights and title to the Services are owned by Testfire Labs or its licensors, including all intellectual property rights contained therein. All or parts of the Services may be protected by applicable copyright, trademark, patent and other intellectual property laws under both Canadian and foreign laws which may be violated by unauthorized access and/or use of the Services. Members who access and/or use any or all of the Services are solely responsible for ensuring that they comply with any applicable copyright, trademark, patent and other intellectual property laws.
8.2 Testfire Labs’s Intellectual Property. Names, words, titles, phrases, logos, designs, graphics, icons, domain names, trademarks, service marks, copyrighted materials, patents or any other brand elements unique to Testfire Labs and its Service displayed in Hendrix or on the Website and/or the Materials may constitute registered or unregistered trademarks or official marks of Testfire Lab.
8.3 Unauthorized Use. Unauthorized use of any such trademarks or official marks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under the trademark laws of Canada and other countries. Nothing in Hendrix, on the Website, or on the Materials may be interpreted as granting any license to use any trademark or official mark of Testfire Lab without the express prior written consent of Testfire Lab. If a written agreement exists allowing for the use of any trademark or official mark of Testfire Lab, brand elements approved for use must be handled in compliance with the guidelines specific to the agreement.
8.4 Copyright of Materials. All or parts of the Material are protected by the Copyright Act, RSC 1985, c C-42 of Canada. Copyright in the Material is either owned or licensed by Testfire Labs.
8.5 Except as expressly provided in these Terms and Conditions of Service, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, modified, posted, presented, transmitted or otherwise exploited in any form or by any means (“Use”) without prior express written consent from Testfire Labs.
8.6 To inquire about obtaining consent to Use any Material on the Website, please send a request to: Testfire Labs at [email protected].
8.7 Member’s Proprietary Rights & Intellectual Property. Testfire Labs recognizes and agrees that it has no legal rights or title to any Member-generated content, including audio recordings, transcripts, personal information, or any intellectual property rights contained therein. Testfire Labs is not required or obligated to protect and/or enforce rights owned by Member.
8.8 Although we may maintain technical logs concerning your use of the Services, we do not routinely monitor any Member-generated content. You agree that we may not be held responsible for the Member-generated content and that we are not obligated to monitor them. Despite your agreement that we are not required to monitor the Member-generated content, if we become aware of any of the Member generated content that we believe to violate this Agreement or to be objectionable, we may – but are not required to – act in good faith to restrict access to or availability of the Member-generated material. We may also take steps to terminate your access to the Services or take other appropriate steps, including, without limitation, initiating or assisting in legal action.
8.9 If you become aware of any content in Hendrix, on the Website or Material that you believe to be objectionable or to violate this Agreement, or that you believe may cause injury to yourself, us, or any third party, you should notify us of such content immediately at [email protected] Even if you notify us of such content that you believe to be objectionable, you agree that we will not be obligated to take any particular steps, or any steps at all, in response to your notification. You agree that your notification under this paragraph will create no duty on our part to you or to any third party, and that we may not be held liable for any action that we take, or for our inaction, after you provide us with notification.
8.10 Member Feedback & Rights. Your participation in submitting ideas or feedback to Testfire Labs assigns to Testfire Labs all rights, title and interest to such changes or enhancements and all property rights contained therein, including, but not limited to, all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights.
8.11 Testfire Labs Use of Member Feedback. Member agrees that all feedback submitted to Testfire Labs may be used in press releases, customer testimonials, and as a reference in marketing and sales initiatives by Testfire Labs.
8.12 Transcription Permission. By using audio recordings, you give Testfire Labs irrevocable permission to transcribe Member-generated audio for the purpose of providing text transcripts to Member for personal use and/or Member-initiated distribution, and for display in password protected Member account.
8.13 Testfire Labs’ Handling of Content. In order to perform the necessary steps to process Member-generated content to provide the Services to Members, Testfire Labs may transmit or distribute this content via public networks or media. Additionally, it may be necessary to make changes to this content in order to adjust it to fit the technical requirements of processing the content.
9. Service Subscription
9.1 Subscription Payments. Once the Free Trial, if provided by Testfire Labs, has ended, Member is obligated to pay all subscription fees by due dates determined by Testfire Labs. Once you have confirmed acceptance of the subscription, Testfire Labs may move to verify Member’s credit if appropriate. Member gives approval for such credit verification.
9.2 Storage of Payment Information. Member gives Testfire Labs permission to store credit card numbers or other forms of payment information for the purpose of processing periodic subscription payments. Member has the right to update stored payment information at any time within their password-protected account.
9.3 Subscription Fees. Subscription fees are subject to change at the discretion of Testfire Labs. All Members will be given written notice in advance of any changes. If Member does not agree to subscription fee changes, Member reserves the right to cancel the subscription without penalty.
10. Mobile Content
10.1 Mobile Service: The Website and/or Hendrix may provide mobile alerts and other information or data via SMS, MMS, WAP and other means of mobile content delivery to certain compatible mobile devices (the “Mobile Service”). You acknowledge and agree that the Mobile Service may be used only on your personal mobile device (“Mobile Device”). To the extent the Mobile Service requires designation of your Mobile Device during a registration or other process, the Mobile Service may only be used on the designated Mobile Device. You agree that you may not otherwise transmit, broadcast, upload to any computer or other mobile device, or create derivative works of, including, but not limited to, any mobile alert (a “Mobile Alert”). You may not, or attempt to (or otherwise authorize, encourage or support others’ attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Mobile Service, including, but not limited to, any Mobile Alert. We make no representation as to the compatibility of your Mobile Device with the Mobile Service, and you acknowledge and agree that we shall have no liability for the compatibility or non-compatibility of your Mobile Device with the Mobile Service. For clarity, the Mobile Service constitutes part of the Website and/or Hendrix and is therefore subject to the other provisions of these Terms and Conditions of Service. In addition, for the Website and/or Hendrix where the Mobile Service (including any Mobile Alert) is offered, the Operator may post additional terms (e.g., regarding additional fees) that apply to your use of the Mobile Service, and your use shall also be subject to those additional terms.
10.2 Access to the Mobile Service: In order to use the Mobile Service, you must have a mobile communications subscription with a participating wireless service provider (a “Carrier”), or otherwise have access to a mobile communications network for which we make the Mobile Service available, as well as any Carrier services necessary to download content to your Mobile Device. There may be service fees associated with certain Carrier services necessary to download content. Please contact your participating Carrier for details. In addition, you are responsible for ensuring that your equipment and/or software do not disturb or interfere with the Operator’s operations. Any equipment or software causing interference with the Operator’s operations and/or the Mobile Service shall be subject to immediate disconnection from the Mobile Service by the Operator. If any upgrade in or to the Mobile Service requires changes in your equipment or software, you must effect these changes at your own expense.
11. Member Conduct
11.1 Liability For Recording Other Parties. Member agrees to be solely responsible for all audio and/or transcribed content created and shared while using the Service.
11.2 Disclosure of Recording. Member is solely responsible for notifying all parties as required by applicable law on a Testfire Labs phone call that the call is being recorded. Testfire Labs will not be held liable for any consequences relating, whether directly or indirectly, to Member’s failure to do so. Although features may exist in the service to alert call participants to recording in certain circumstances, this is only provided as a reminder and may not be relied upon as definitive disclosure for compliance with applicable laws.
11.3 Appropriateness of Content. Member agrees that the contents of his/her account are not endorsed by Testfire Labs. All content is subject to any applicable local, state, national or international laws and regulations. When content violates such laws or regulations, the creation and/or distribution of said content via Testfire Labs’ Services is prohibited.
12. Subscription Termination
12.1 Termination By Testfire Labs or Member. Member’s subscription may be terminated at any time, for any reason by either the Member or Testfire Labs. To terminate your subscription, Member must contact Testfire Labs’ Customer Service at www.hendrix.ai or [email protected], or Member can cancel their account via the Testfire Labs website directly.
12.2 Deletion of Content for Expired Accounts. If Member’s account should expire, for example if payment is overdue, Testfire Labs has the right to delete account content. To keep access to account content, Member must renew subscription before the end of 30 days.
12.3 Account Access Upon Termination. Upon termination of your subscription, you will no longer be granted access to your account or any content contained therein effective immediately. Closed account content may remain archived for back-up purposes within the Testfire Labs system for a period of time to be determined by Testfire Labs.
12.4 Termination of Agreement. The termination of a subscription is also the termination of the Agreement, relieving Testfire Labs and ex-Member of any obligations or rights contained therein, except where such obligations or rights are stated to continue indefinitely.
13. Exclusion of Warranties
13.1 Use At Member’s Risk. Member acknowledges and agrees that the Services are provided “As Is” and “As Available” without warranties or conditions of any kind, whether express or implied. To the fullest extent possible under applicable law, Testfire Labs disclaims all warranties and conditions, whether express or implied, statutory or otherwise, including without limitation implied warranties or conditions of merchantability and fitness for a particular purpose or use and warranties or conditions of title, non-infringement or other non-violations of rights.
13.2 Testfire Labs does not warrant or make any other representations regarding the use, accuracy, completeness, timeliness, efficacy, applicability, performance, security, availability or reliability of the Services, or any websites linked to the Website, the results from the use of the Website or any websites linked to the Website, or otherwise regarding the Material or the information, material, original works or other subject-matter or content on any websites linked to the Website.
13.3 Use of the Services and any related software is done solely at the Member’s own discretion and risk. Testfire Labs is not responsible for any damage to Member’s computer system or other device, or for the loss of any data as a result of downloading any necessary materials or software, even if Testfire Labs has been advised of the possibility of such damages.
13.4 Exclusion of Warranties. Testfire Labs does not certify, warrant, or guarantee:
- That the Services will meet your requirements or expectations;
- That the Services will be continuously available, timely, free from error, or secure;
- The accuracy or reliability of any information or data processed by the Services or acquired by you through the Services;
- That any defects in the software provided as part of the Services will be corrected;
- Any goods or services obtained through the Services; and
- Any transactions entered into with Testfire Labs.
14. Limitation of Liability
14.1 Limitation of Liability. Under no circumstances, including without limitation, negligence, shall Testfire Labs be liable to you or to any third party for any direct, indirect, compensatory (whether expectation or consequential), general, special, liquidated, pecuniary, punitive, aggravated, nominal or incidental damages or losses, or any other damages or losses of any kind whatsoever, including without limitation lost revenue, lost or damaged data or economic loss, regardless of the cause of action, arising directly or indirectly from the use of the Services, including without limitation the access and/or use of, or the inability to access and/or use, any or all of the Services.
15. Testfire Labs Transcription
15.1 Content Processing Methods. Member hereby consents to allow Testfire Labs to process Member-generated audio recordings by any means necessary in order to create text transcripts of said recordings, when requested. This process may take place at Testfire Labs or at any of its affiliated facilities, including any thirdparties which may be contracted with Testfire Labs.
15.3 Transcription Errors. If Member feels there is an error in transcribed content, Member may report it. Testfire Labs will evaluate the material to determine if a discrepancy exists. Transcribed materials may contain unavoidable inaccuracies due to poor quality caused by phone connection or equipment, or unusual slang, regional dialects, or obscure names contained within Member’s audio recordings.
15.4 Transcription Timing. Testfire Labs aims to process transcription of audio as quickly as possible. However, no turn-around time is guaranteed.
16. Force Majeure
16.1 Force Majeure. Testfire Labs shall not be responsible for any delay or failure in performance that results from causes beyond its reasonable control (“Force Majeure Events”), whether or not foreseeable by such party. Such Force Majeure Events include, but are not limited to, adverse weather conditions, flood, fire, explosion, earthquake, volcanic action, power failure, embargo, war, revolution, civil commotion, act of public enemies, labor unrest (including, but not limited to, strikes, work stoppages, slowdowns, picketing or boycotts), inability to obtain equipment, parts, software or repairs thereof, acts or omissions of the other party, and acts of God.
17.1 Indemnification. Member agrees to indemnify, hold harmless and defend Testfire Labs and its officers, directors, contractors, agents, employees, successors, affiliates, subsidiaries, and representatives from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Services(including, without limitation, your Member-generated audio recordings and your use of any Testfire Labs content), (ii) your online conduct in connection with the Services, (iii) your violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations in connection with the Services (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services or (vi) any of your dealings or transactions with other persons resulting from use of the Services. You shall not settle any such claim without the prior written consent of Testfire Labs. These obligations will survive any termination of these Terms.
18. Integration and Severability
19. No Waiver
19.1 No Waiver. Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
20.1 Testfire Labs may terminate these Terms and Conditions of Service, including any licenses contained herein, at any time and also may terminate your access to and use of the Services if Testfire Labs determines, in its sole discretion, that you have failed or refused to comply with any or all of these Terms and Conditions of Service (“Termination”).
20.2 Upon Termination, you must cease to access and/or use the Services. This includes, without limitation, the obligation to destroy all Material, and all related documentation and all copies thereof, which you obtained from the Website, whether under these Terms and Conditions of Service or otherwise, and the obligation to take any additional or alternative reasonable steps that Testfire Labs may direct in respect of the Termination.
21. Legal Claims
21.1 Agreement Governance. These Terms and Conditions of Service and the access to and use of the Services shall be governed by the laws of the province of Alberta and the laws of Canada applicable therein. You agree to submit and attorn to the exclusive jurisdiction of the Courts of the Province of Alberta.
21.2 Section Headings. The section headings in the Agreement are for convenience only and have no legal or contractual consequence.
22.1 Contacting Members. Testfire Labs reserves the right to contact Members at its own discretion regarding its products, services, software updates, changes to these Terms and Conditions of Service, for marketing research including surveys, and other issues which may pertain to Member’s account. Member consents to allow Testfire Labs to contact you via email, text messaging, posting on the Services, or through other means via the Internet while accessing the Services or website.
23. Contact Information
23.1 For more information about these Terms and Conditions of Service or any information or questions regarding the Services please contact: Testfire Labs at [email protected]
Last Amended: January 12, 2018
The Hendrix website, located at hendrix.ai, including any related software, apps, webpages, websites and associated products and services (collectively, the “Services”), is provided, owned and/or operated by Testfire Labs, Inc. (“Testfire Labs”). The Services shall include any new software, apps, webpages, websites, products, services, or client interface mechanisms which may be added from time to time.
the information collected by Testfire Labs;
how Testfire Labs collects, retains, uses, discloses, destroys and protects your personal information;
certain of your options and obligations as a user of the Services;
your requests to access or correct your personal information; and
how to contact Testfire Labs
A. Compliance with Legislation
B. Our Commitment to Your Privacy
Testfire Labs is committed to protecting your personal information and privacy and considers matters relating to the protection of your personal information and privacy to be of the utmost importance. Testfire Labs adheres to the following principles to protect your privacy:
Testfire Labs does not sell, rent, loan, trade, or lease, transfer or otherwise disclose your personal information to third parties, except as necessary to:
- process your Member-generated audio recordings by any means necessary in order to create text transcripts of said recordings; or
all information which you provide to Testfire Labs will be protected with industry-standard protocols and technology.
“personal information” means information about an identifiable individual or entity. Personal information does not include information that cannot be attributed to you as an identifiable individual, such as information of an aggregate or anonymous nature.
- In the context of the Services, examples of personal information may include, without limitation, an individual’s name, e-mail address, mailing address, phone number, credit card or payment information, other account information, communication preferences, information contained in our correspondence and other information that you send to us, unique identifiers (such as a user name or password), other unique identifiers (including mobile device identification numbers), your Member-generated audio recordings, Internet Protocol (IP) address, location information, information collected through cookies, web beacons, Local Shared Objects, and other technologies, Standard Server Log Information, or additional information as otherwise described to you at the point of collection or pursuant to your consent.
E. Personal Information Aggregated or Made Anonymous
To the extent that Testfire Labs makes any of your personal information anonymous or aggregates it with the personal information of others such that it can no longer be attributed to you, your information will no longer be considered to be personal information and Testfire Labs is entitled to use, retain, disclose and destroy such information in its absolute discretion.
F. Choosing to Provide Personal Information
When using the Services and dealing with Testfire Labs, you may choose not to provide certain of your personal information. If you choose not to provide all information reasonably requested of you, it may limit the manner in which you can make use of the Services and otherwise interact with Testfire Labs or you may not be able to use the Services or to interact with Testfire Labs at all.
You provide implied consent to the collection, retention, use, and disclosure of your personal information for a particular purpose if you voluntarily provide the information to Testfire Labs for that particular purpose and it is reasonable that a person would voluntarily provide that information.
In certain circumstances, including without limitation when dealing with certain legal, medical or security issues, Testfire Labs may be authorised or required by law to disclose your personal information without seeking or obtaining your knowledge or consent.
H. Consent via Opt-In or Opt-Out in Certain Circumstances
Testfire Labs may, from time to time, provide you with a reasonable opportunity to opt-out of certain collections, uses and disclosures of your personal information. You implicitly consent to a particular collection, use or disclosure your personal information if you fail to indicate within a reasonable time that you wish to opt-out of the particular collection, use or disclosure when you are given a reasonable opportunity to do so.
Testfire Labs also may, from time to time, provide you with a reasonable opportunity to opt-in to certain collections, uses and disclosures of your personal information. If you do not opt-in to a particular collection, use or disclosure of your personal information when given a reasonable opportunity to do so, you do not consent to your personal information being collected, used or disclosed in that particular manner.
Where the Testfire Labs provides an opt-in or opt-out opportunity, Testfire Labs will use the opt-out method when the particular collection, use or disclosure does not pertain to sensitive information or would be reasonably expected by the user of the Services. Testfire Labs will use the opt-in method in all other circumstances.
I. Changing or Withdrawing Consent
If you withdraw certain consents reasonably requested of you and necessary for you to make use of the Services or to otherwise interact with Testfire Labs, it may limit the manner in which you can make use of the Services and otherwise interact with Testfire Labs or you may not be able to use the Services or interact with Testfire Labs at all.
Your ability to change or withdraw consent is not absolute. Testfire Labs reserves the right to continue handling your personal information in those circumstances required or permitted by law despite a change or withdrawal of consent.
Any change to or withdrawal of consent will not apply retroactively.
J. Collection of Personal Information
In some instances, Testfire Labs may collect your personal information directly from a third party, in which case Testfire Labs will obtain your consent to such collection unless required or permitted by law not to obtain your consent or unless the third party provided confirmation to Testfire Labs that it is entitled or required by law to disclose your personal information to Testfire Labs.
The following, without limitation, are particular circumstances in which Testfire Labs may collect your personal information:
Testfire Labs collects personal information from you when you register an account to request Hendrix access, subscribe to the Testfire Labs Newsletter, respond to an electronic survey or communication from Testfire Labs (such as e-mail), submit comments or participate in another feature of the Services or making payment for Services. In particular, when registering an account, subscribing to the Testfire Labs Newsletter, responding to an electronic survey or communication from Testfire Labs, submitting comments or participating in another feature of the Services or making payment for Services, Testfire Labs may ask you for your name, e mail address, mailing address, phone number, credit card or payment information or other information;
K. Use of Personal Information
The following, without limitation, are particular circumstances in which Testfire Labs may use your personal information without obtaining your further consent. By providing your personal information to Testfire Labs, you consent to the following uses:
using identification information and contact information, such as your name, address and e-mail address, to provide you with information about Testfire Labs when you request that information;
using identification information and contact information, such as your name, address and e-mail address, so that Testfire Labs can identify you and deliver the products, services, promotions, newsletters, that you request and can communicate with you regarding those products, services, promotions and newsletters including without limitation when responding to your customer service requests;
using payment method preferences and related financial information that you provide to Testfire Labs so that Testfire Labs can obtain payment for the products and services that you request and can process transactions in an efficient manner;
using information relating to your preferences so that Testfire Labs can deliver products and services and the Services to you in accordance with those preferences;
using customer relationship information such as your products and services requests, instructions, comments and feedback to assist Testfire Labs in delivering products and services and the Services in accordance with your preferences;
using personal information for the purpose for which it was provided and certain other activities that are reasonably ancillary to that purpose;
using your e-mail address to administer a promotion or survey or to provide you with information about events that may interest you or new features and/or enhancements to Testfire Labs’ products and services and to the Services, unless you choose to unsubscribe to such messages in accordance with CASL, where applicable;
using identification information and contact information, such as your name, address and e-mail address to send you promotional material or special offers on our behalf of our marketing partners and/or their respective affiliates and subsidiaries and other thrid parties;
analyzing your personal information to assist Testfire Labs in developing and enhancing its products and services or the Services;
analyzing your personal information to assist Testfire Labs in conducting market analysis and strategic planning;
processing your Member-generated audio recordings in order to create text transcripts of said recordings; and
as otherwise described to you at the point of collection or pursuant to your consent.
L. Disclosure of Personal Information
The following, without limitation, are particular circumstances in which Testfire Labs may disclose your personal information without obtaining your further consent. By providing your personal information to Testfire Labs, you consent to the following disclosures:
Where the disclosure is set out in any related documentation for the Services or is reasonably expected through the use and operation of the Services;
where Testfire Labs is under a duty to disclose your personal information in order to comply with any applicable legal obligation, legal or regulatory process or an order or request of a government institution, investigative body, regulatory body or judicial authority of competent jurisdiction;
where Testfire Labs believes in good faith that disclosure is necessary:
- to investigate, prevent or take action regarding suspected or actual illegal activities or to assist government enforcement agencies or investigative bodies in that regard;
- to enforce the Terms and Conditions of Service or any other policies of the Services or any agreements to which Testfire Labs is a party;
- to investigate and defend Testfire Labs against any third party claims or allegations;
- to protect the security or integrity of the Services; and/or
- to exercise or protect the rights, property or personal safety of Testfire Labs, its users, employees, or others;
if we sell all or part of our business, or make a sale or transfer of assets, or are otherwise involved in a merger or business transfer, or in the unlikely event of bankruptcy, a business reorganization, or similar event, we may transfer your information as part of such transaction;
M. Third-party Service Providers
In general, third-party providers used by Testfire Labs will only collect, use and disclose your information to the extent necessary to allow them to perform the services necessary for your use of our Services.
However, certain third-party service providers, such as data storage centres, payment gateways and other payment transaction processors, have their own privacy policies inrespect to the information we are required to provide them for your use of our Services.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, be advised that certain providers may be located in or have facilities that are located in the United States. If you proceed to access and/or use any of the Services provided by Testfire Labs please be aware that it may involve the services of a third-party service provider in the United States. As a result, your information that is received by the third-party service provider in the United States may become subject to the Federal and State laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your data or payment transaction is processed and/or stored by a service provider located in the United States, then your personal information stored and/or used in completing that transaction may be subject to disclosure under United States legislation, including the US Patriot Act.
N. Cookies and Similar Technologies
Cookies do not enable Testfire Labs to identify a particular visitor unless that visitor has previously provided personal information during a visit.
If your Internet browser permits, you may adjust the settings of your Internet browser to notify you when you receive a cookie or to reject cookies altogether, but in some cases doing so may impact your ability to use the Services. Because each Internet browser is different, users of the Services should check the “Help” menu of their Internet browsers to learn how to change their cookie preferences.
If you adjust your Internet browser settings to reject cookies, you may no longer have access to certain features of and services on the Services. However, you may nevertheless place an order from the Testfire Labs Shop by telephone by contacting Testfire Lab’s customer service.
O. Other Collection, Use and Disclosure of Personal Information
Testfire Labs may monitor your use of the Services to ensure the proper use and operation of the Services and your compliance with any agreements, policies and terms and conditions of service for the Services.
Testfire Labs also reserves the right to collect, use and disclose your personal information without your knowledge or consent where permitted or required by law.
P. Accuracy and Completeness of Personal Information
When Testfire Labs collects, uses or discloses personal information, it will make a reasonable effort to ensure that the personal information is accurate, up-to-date, and complete to the extent that is reasonable for Testfire Labs’ purposes in collecting, using or disclosing the information. To do so, it may be necessary for Testfire Labs to request additional information from you or have you verify your personal information. Should your personal information change, please inform Testfire Labs of the change(s) so that your personal information in Testfire Labs’ possession remains accurate and complete.
Q. Retention and Destruction of Personal Information
Testfire Labs may retain your personal information for as long as it reasonably requires your personal information for the purposes for which it was collected or for legal or business purposes. For example, Testfire Labs may retain information about an individual sales transaction in order to service that transaction or to keep records for legal or business purposes.
Within a reasonable time period after Testfire Labs no longer reasonably requires your personal information for the purposes for which it was collected or for legal or business purposes, Testfire Labs either will destroy the records under its custody or control containing your personal information or it will render your personal information anonymous so that it can no longer be used to identify you.
R. Security of Personal Information
Testfire Labs recognizes its obligation to protect personal information that is in its custody or under its control by implementing reasonable security safeguards to keep confidential and secure your personal information against risks such as loss, theft, and unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction. These reasonable safeguards may vary depending on the circumstances, including the level of sensitivity of the personal information, and may include secured networks, restricting access to authorized individuals on a need-to-know basis, locked doors and/or filing cabinets, other organizational, physical or technological security measures, and contractual measures such as non-disclosure or confidentiality agreements.
When you place orders or access your account on the Services, Testfire Labs offers the use of a secure server. All personal and financial information which you supply on the Services is transmitted via Secure Socket Layer (SSL) technology and then encrypted into the Services database, with access thereto restricted to authorized individuals only.
S. Requests for Access to Personal Information
Requests for Personal Information
On your written request, and taking into consideration what is reasonable, Testfire Labs will provide you, not later than 30 days from Testfire Labs’ receipt of your request, or such additional time as permitted or required by law, with:
- access to your personal information (if any) under our custody or control;
- information about the purposes for which your personal information (if any) under our custody or control has been and is being used by us; and
- the names of persons to whom, and the circumstances in which, your personal information (if any) has been and is being disclosed by us.
If you request a copy of your personal information and the information can reasonably be reproduced, Testfire Labs will provide you with a copy of the record or the part of the record containing the requested information or, if applicable, it will give you reasons for any delay in providing a copy of the requested information or record.
All requests may be subject to reasonable fees and disbursements. Where appropriate, Testfire Labs may require advance payment of a deposit or the entire costs of responding to a request for access to personal information.
Requests to Access Personal Information must be in Writing
Testfire Labs requires that all requests for access to personal information be in writing, be signed by the requestor and include sufficient detail to enable Testfire Labs, with a reasonable effort, to identify any record in the custody or under the control of Testfire Labs containing the personal information in respect of which the request is made.
Limits on Right to Access Personal Information
Your ability to access your personal information under Testfire Labs’ custody and control is not absolute. Testfire Labs reserves all rights not to disclose personal information, in whole or in part, in certain circumstances permitted or required by law, including but not limited to where:
- the disclosure could reasonably be expected to threaten the safety or physical or mental health of an individual;
- the disclosure would reveal personal information about another individual;
- the information is protected by any legal privilege;
- the disclosure of the information would reveal confidential commercial information; or
- the personal information was collected for an investigation or legal proceeding.
If access to your personal information is refused, in whole or in part, Testfire Labs will provide you with the reasons for the refusal, the provision of PIPEDA on which the refusal is based, and the name of the individual who can answer your questions on behalf of Testfire Labs about the refusal, and will inform you of any recourse which you may have pursuant to PIPEDA.
T. Requests for Correction of Personal Information
On written request by you, Testfire Labs will make every reasonable effort to correct errors or omissions in your personal information where that information is in Testfire Labs’ custody or control. Testfire Labs requires that all such requests be in writing, be signed by the requestor, and include sufficient detail to enable Testfire Labs, with a reasonable effort, to identify any record in the custody or under the control of Testfire Labs containing the personal information in respect of which the request is made.
If you make such a request, Testfire Labs will, as soon as reasonably possible and not later than 30 days from Testfire Labs’ receipt of your request, or within such additional time as permitted or required by law, either:
- correct the personal information and, if reasonable to do so, send correction notifications to any third party to whom Testfire Labs disclosed the incorrect information; or
- decide not to correct the personal information, but Testfire Labs will annotate the personal information under its control to indicate that a correction was requested but not made.
Testfire Labs will inform you of the action that it has taken in response to your request for correction, the name of the individual who can answer your questions on behalf of Testfire Labs about your request for correction, and will inform you of any recourse which you may have pursuant to PIPEDA.
Notwithstanding any requests for corrections of personal information, Testfire Labs will not correct or otherwise alter an opinion, including a professional or expert opinion.
U. Accountability and Contacting TESTFIRE LABS
Should you have any questions, comments or concerns regarding Testfire Labs’ privacy policies, practices, or handling of your personal information or if you wish to request access to or correction of your personal information under Testfire Labs’ care and control, you may contact Testfire Labs’ Privacy Officer at:
Address: Attention: Privacy Officer 301, 10359 104th St NW Edmonton, AB T5J 1B9
Email: [email protected]