Privacy Policy

This Privacy Policy of Marketspell (“Marketspell”), spells out the obligations of the Users/Members and the Website owners. This Privacy Policy is in continuation of the Terms and Service for Marketspell; therefore, both documents should be read together.

This Privacy Policy has been developed in compliance with Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”). PIPEDA sets out rules for the collection, use, and disclosure of Personal Information in the course of commercial activity as defined in the Act. Along with PIPEDA this Privacy Policy is also in compliance with Provincial Privacy Laws which are in addition to PIPEDA, such as British Columbia: Personal Information Protection Act; and Alberta: Personal Information Protection Act.

Marketspell shall not (a) be subject to any obligations of confidentiality regarding any User Generated Content except as specified in Marketspell Privacy Policy, as set forth in any additional Terms and Conditions relating to specific Services, or as otherwise specifically agreed to by MarketSpell or required by law; (b) be obligated to pay you or any Third Party any compensation for any User Generated Content; or (c) be required to respond to any of your submissions of User Generated Content.

Information That We Collect

Depending on how Users/Members use the Website, we may ask Users/Members to share personally identifiable information (“Personal Information”) with MarketSpell. Whether you choose to share your Personal Information is completely up to you, but you must keep in mind that you may not be able to access some of the areas of the Website as effectively and fully use the Services we offer on the Website without sharing adequate Personal Information; for example, without sharing the delivery address, Merchants would not be able to ship the item. Personal information will be used for only those purposes to which the individual has consented with the following exceptions, as permitted under PIPEDA. Personal Information includes any information that identifies or can be used to identify, contact, or locate the Users. Below are some of the situations wherein Users Personal Information may be collected:

  1. Account Information. Users may register on the Website and share their standard contact information. If you register on Marketspell you will also be asked to allow MarketSpell to collect your location information from your device when you use the Service. In addition, we may collect and store any Personal Information you provide while using our Service or in some other manner. This may include identifying information, such as your name, address, email address verification, telephone number, and other kinds of identifying information. If you chat with other Merchants Users, you provide MarketSpell the content of your chats. If you contact MarketSpell at our Customer Service or other inquiry, you provide MarketSpell with the content of that communication. Marketspell does not knowingly store or save any kind of Personal Information you share with other Users.
  2. We may collect Users/Members email address to send them account confirmations, notifications for alerts, and to provide Services to Users in connection with the Website. Subject to Users consent, we may also send to Users promotional emails, such as monthly newsletters regarding the properties and new Service offerings.
  3. We also collect Users Personal Information for administrative purposes, such as addressing account and troubleshooting Website issues, investigating abuse on the Website, responding to User inquiries, and enforcing our Terms and Conditions of Service.
  4. Information provided in the context of dispute resolution, correspondence through our Website, or correspondence that is sent to MarketSpell.
  5. Information about your location and the location of your device, including your device’s unique identifier information if you have enabled this Service on your mobile device.

How We Use Your Information

We use information that we collect about you or that you provide MarketSpell with:

  • to enable Merchants to deliver products/items on your doorstep.
  • to present our Website and its Contents to you.
  • to provide, develop, and improve Marketspell and its Services, including to make assessments and recommendations about Content and safety.
  • to use this information in an aggregated, non-identified form for research purposes and to help MarketSpell make sales, marketing, and business decisions.
  • to provide you with information and Services that you request from MarketSpell.
  • to notify about changes to our Website or any Services we offer or provide through it.
  • to allow you to participate in interactive features on our Website.
  • for any other purpose with your consent.

Marketspell Website may use IP addresses for systems administration purposes. IP addresses are not used to track a User’s session. This information only helps MarketSpell determine how often different areas of our Website are visited and the city in which the User is located. We do not link IP addresses to any information that is personally identifiable.

You agree that we may use the information collected by MarketSpell to send you offers, whether personalized or not or to contact you by telephone regarding Products or Services offered by Marketspell. The information submitted by Users is used only for internal purposes.

However, we may also release Personal Information or other information we collect if we believe that such action is necessary to: (I) comply with legal requirements and processes; (II) identify, contact, or bring legal action against persons or entities who are, or we believe have caused or might cause injury to MarketSpell or a Third Party; (III) defend or respond to claims brought or threatened against MarketSpell, our employees, service providers, Users of our Services, or others;  (IV) vendors, service providers, and technicians who help with some of our processing and storage, including helping to answer your questions; or (V) otherwise to protect, assert rights and interests of Marketspell and of our employees, service providers, Users of the Services, or others. Any such release decisions may be made by MarketSpell in our sole discretion.

While we try to be selective in working with third parties, we are not responsible for their use of your Personal Information.

In addition, since member information on our Website is a business asset, in case we are reorganized, or sold to, or merged with another company, we may sell, assign, or transfer your Personal Information to a purchaser of all or substantially all of our business assets, or to an affiliate, as appicable.

Cookies

We collect information via cookies and other similar technologies (such as web beacons). Cookies are small text files that are automatically placed on your computer or mobile device when you visit almost any Website. They are stored by your Internet browser. Cookies contain basic information about your Internet use. Your browser sends these cookies back to the Website every time you revisit it, so it can recognize your computer or mobile device and personalize and improve your Website experience.

Marketspell uses cookies for the following general purposes:

  • To help MarketSpell recognize your browser as a previous visitor, and save and remember any preferences that may have been set while your browser was visiting our Website. For example, if you register on our Website, we may use cookies to remember your registration information so that you do not need to log into our site each time you visit. We may also record your password in a cookie if you checked the box entitled “Keep me signed in on this computer unless I sign out.” Please note that member IDs, passwords, and any other account-related data included in such cookies are encrypted for security purposes.
  • To help MarketSpell customize the Content, experience, and advertisements provided to you on our Website and on other Websites across the Internet. For example, when you access a web page, a cookie is automatically set by MarketSpell, our service providers, or our partners to recognize your browser as you navigate on the Internet and to present you with information and advertising based on your apparent interests. To help measure and research the effectiveness of features and offerings, advertisements, and email communications (by determining which emails you open and act upon).

The Help portion of the toolbar on most browsers should tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable non-essential types of cookies.

Our Website may also use Web beacons (also known as clear gifs, pixel tags, or Web bugs), which are tiny graphics with a unique identifier, similar in function to cookies, that are placed in the code of a Web page. We use Web beacons to monitor the traffic patterns of Users from one page within our Website to another, to deliver or communicate with cookies, to understand whether you have come to our Website from an online advertisement displayed on a third-party Website, and to improve Website performance. We also may allow our service providers to use Web beacons to help MarketSpell understand which emails have been opened by recipients and to track the visitor traffic and actions on our Website. This helps MarketSpell measure the effectiveness of our Content and other offerings. If the Cookies are sent from third parties, e.g., social networking Websites, MyCriib shall not be liable.

Most web browsers automatically accept cookies, but you can disable this function so that your browser will not accept cookies. Please be aware that disabling this function may impact your use and enjoyment of this Website, as declining cookies, certain functionalities of our Website may not be available to you.

Opting Out or Unsubscribing

We collect your artist name and e-mail address if you submit your Marketspell video for the purpose of letting you know if your video has been chosen to feature on our social media platforms, and may use it for the distribution of our daily, weekly, or monthly newsletter service.

The information we collect is used expressly to provide the Services requested. It is not shared with other organizations for commercial purposes. We will never sell or rent your email address for any reason.

Our Subscriptions are in compliance with Canada’s Anti-Spam Law (CASL), as amended on July 1, 2014.

To unsubscribe from our emails or other communication from MarketSpell, you may follow the “unsubscribe” link at the bottom of the email or sign onto your account and change settings.

Security

Please note that no data transmission or storage can be guaranteed to be 100% secure. As a result, while we strive to protect the information we maintain, we cannot guarantee or warrant the security of any information you disclose or transmit to our Services and cannot be responsible for the theft, destruction, or inadvertent disclosure of information.

The safety and security of your information also depend on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We advise you not to share your password with anyone.

International Users

Marketspell is based in Canada, and regardless of where you use our Services or otherwise provide information to MarketSpell, the information may be transferred to and maintained on servers located in Canada or other countries. Note that the laws, regulations, and standards of the country in which this information is stored may be different from your own country. By using our Services, you consent to this collection, transfer, storage, and processing of information to and in Canada and other countries.

Social Networks

We offer you the option of linking your social networking (such as Google+ and Facebook) and email accounts (such as Gmail) with your Marketspell Account.

By creating an account or using our Services and linking to your social networks or your email services, you authorize MarketSpell to collect, store, and use certain information from those platforms in accordance with this Privacy Policy. We collect only the information that you request those platforms to share with MarketSpell. You may also choose to grant MarketSpell additional permissions (or remove permissions) at any time. We do not post on these networks on your behalf.

These third parties will provide information to MarketSpell subject to their Privacy Policies and Terms of Use. We encourage you to read those Policies. We are not responsible for the information practices or terms of other platforms. You can prevent the collection of Personal Information from social networks and email platforms by not linking those accounts with our Services.

 Third-Party Websites

In order to provide you with the best Service, Marketspell gets connected to various third-party devices and services. The Website may link to, or be linked to, other Websites not maintained by MarketSpell. Marketspell is not responsible for the Privacy Policies or practices of any third parties or third-party Websites, including any linked or linking Websites. To the extent that you disclose personally identifiable information to any such third parties, different rules may apply to their use and disclosure of Personal Information that you disclose to them. We encourage you to review the Privacy Policies of such Websites before disclosing your Personal Information to them. If you link to Third Party Websites, you may be subject to those Third-Party Websites’ Terms and Conditions and other Policies. Marketspell makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third-Party Website, and your linking to any other Website is completely at your own risk, and Marketspell disclaims all liability thereto.

Child Protection

Our Services are not intended for or directed to children. Children under 16 are not eligible to use our Services. Our Policies are compliant with the P-34.1 Youth Protection Act, Québec; Child and Family Services Act, R.S.O. 1990, c. C.11(Ontario); and Canadian Child Welfare Research Portal of Canada and Protection Act; and the Children’s Online Privacy Protection Act (COPPA). By using the Services, you represent that you are at least 16 years old and you understand that you must be at least 16 years old in order to create an account and purchase the Services advertised through our Websites. We do not knowingly collect or maintain Personal Information from children under the age of 16. If we learn that we have inadvertently gathered Personal Information from children younger than the age of 16, we will take reasonable measures to delete or destroy such information from our records.