WEBSITE TERMS AND PRIVACY POLICY

1. OUR SERVICES

The information provided through the Services is not intended for distribution or use in jurisdictions where it would violate local laws or require us to register. Users accessing the Services from other locations are responsible for complying with their local laws.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We own or license all intellectual property rights in our Services, including source code, databases, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content") as well as the trademarks, service marks, and logos contained therein (the "Marks"). These are protected by copyright, trademark laws, and other intellectual property laws globally. The Content and Marks are provided "AS IS" for your personal or internal business use only.

Your use of our services

Provided you comply with these Legal Terms, including the "PROHIBITED ACTIVITIES" section, we grant you a non-exclusive, non-transferable, revocable license to:

• Access the Services.
• Download or print Content for personal or internal business use.

You cannot use the Services, Content, or Marks for commercial purposes without our written permission. For any other use not contemplated here, please send us a request prior to such use. If we grant you the permission, you must credit us as the owners and display copyright notices.

We reserve all rights not explicitly granted to you. Violating these terms will result in the immediate termination of your access to our Services.

Your submissions

Before using our Services, please review this section carefully and the "PROHIBITED ACTIVITIES" section to understand your rights and obligations when posting content.

Submissions: By sending us any questions, comments, or other information ("Submissions"), you transfer all intellectual property rights to us. We can use and distribute these Submissions for any lawful purpose without acknowledgment or compensation.

Your Responsibility: When sending Submissions, you:

• Confirm that you have read and agree to the "PROHIBITED ACTIVITIES" section and will not post content that is illegal, harmful, or inappropriate.
• Waive any moral rights to your Submissions where legally permissible.
• Ensure your Submissions are original or you have the rights to submit them, and that you have the authority to grant us these rights.
• Confirm that your Submissions do not contain confidential information.

You are responsible for your Submissions and agree to indemnify us for any losses caused by breaches of these terms, third-party rights, or applicable laws.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that you: (1) have the legal capacity to accept these terms; (2) are of legal age in your jurisdiction; (3) will not use automated means to access the Services; (4) will not use the Services for illegal or unauthorized purposes; and (5) will comply with all applicable laws and regulations. If you provide false or incomplete information, we may suspend or terminate your account and deny future access to the Services.

4. PROHIBITED ACTIVITIES

You may only use the Services for their intended purpose (namely, for which we make the Services available) and not for any commercial activities unless explicitly approved by us. 

As a user of the Services, you agree not to:

• Retrieve or compile data from the Services without our permission.
• Mislead or deceive us and other users, particularly to obtain sensitive information like passwords.
• Interfere with security features, content restrictions, or any Service limitations.
• Harm or disparage us or the Services.
• Use information from the Services to harass or harm others.
• Misuse support services or submit false abuse reports.
• Violate applicable laws or regulations while using the Services.
• Engage in unauthorized framing, linking, or automated data collection.
• Upload or transmit harmful material, including viruses or excessive spamming.
• Delete copyright notices or impersonate other users.
• Use mechanisms to collect information from users or disrupt Services.
• Harass or threaten our staff.
• Bypass access restrictions or modify Services' software.
• Reverse engineer or adapt our software, or use unauthorized automated systems.
• Use purchasing agents or collect user information for unsolicited emails.
• Use the Services for competitive or commercial purposes, including advertising or selling goods.
• Sell or transfer your profile.

5. USER CONTRIBUTIONS

The Services do not allow users to submit or post content directly. However, if you create, submit, or share content (collectively, "Contributions") with us or through the Services, you represent and warrant that:

• Your Contributions do not infringe on any third-party rights.
• You have the necessary rights and permissions to use and allow us and other users to use your Contributions.
• You have obtained consent from any identifiable individuals in your Contributions for their use.
• Your Contributions are accurate, not misleading, not offensive, obscene, objectionable, and do not harass or threaten others or promote violence.
• Your Contributions are not unsolicited advertisements, spam, or other forms of solicitation.
• Your Contributions comply with all applicable laws and regulations.
• Your Contributions do not violate privacy or publicity rights, and do not include offensive comments related to race, gender, or other protected characteristics.

Violating these terms may result in the termination or suspension of your access to the Services.

6. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any Personal Information you provide according to our Privacy Policy in Schedule 1 and your settings. By submitting suggestions or feedback, you grant us permission to use and share that feedback without compensation.

You retain full ownership and rights to your Contributions, and we do not claim ownership. We are not liable for any statements or representations made in your Contributions. You are solely responsible for your Contributions and agree not to hold us liable or take legal action against us related to them.

7. THIRD-PARTY WEBSITES AND CONTENT

The Services may include links to third-party websites and content, which we do not monitor or verify. We are not responsible for the accuracy, appropriateness, or any issues related to these third-party websites or content. Including or linking to third-party websites does not imply our endorsement. If you access or use third-party websites or content, you do so at your own risk and should review their terms and privacy policies. Any purchases or interactions with third-party sites are solely between you and the third party. We are not responsible for any harm or losses related to third-party content or websites.

8. SERVICES MANAGEMENT

We reserve the right, but are not obligated to:

1. Monitor the Services for violations of these Legal Terms.
2. Take legal action against those who violate the law or these terms, including reporting to law enforcement.
3. Refuse, restrict, or disable access to any of your Contributions at our discretion.
4. Remove or disable excessively large or burdensome files and content from the Services.
5. Manage the Services to protect our rights and ensure proper functioning.

9. TERM AND TERMINATION

These Legal Terms remain effective while you use the Services. We can deny access, block IP addresses, or terminate your use of the Services at our discretion, without notice or liability, for any reason, including breaches of these terms or applicable laws. We may also delete any content you post. If your account is terminated or suspended, you cannot create a new account under any name, including those of others. We may also pursue legal action if necessary.

10. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove content from the Services at any time without notice and are not obligated to update any information. We are not liable for any modifications, price changes, suspensions, or discontinuations of the Services. The Services may be unavailable due to hardware, software issues, or maintenance, and we are not responsible for any resulting inconvenience or damage. We are not obligated to maintain or support the Services or provide updates.

11. GOVERNING LAW

These Legal Terms shall be governed by the laws of the Province of Ontario and applicable federal laws of Canada. You irrevocably consent that the courts of Ontario shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

12. CORRECTIONS

The Services may contain errors or inaccuracies, including in descriptions, pricing, and availability. We reserve the right to correct these errors and update the information at any time without notice.

13. DISCLAIMER

The Services are provided "as-is" and "as-available," and you use them at your own risk. We disclaim all warranties, express or implied, including those of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the accuracy or completeness of the Services' content or linked sites, and we are not liable for any errors, personal injury, property damage, unauthorized access, interruptions, bugs, or issues related to third-party products or services. Use caution and exercise your best judgment when interacting with third-party products or services.

14. LIMITATIONS OF LIABILITY

We, including our directors, employees, or agents, are not liable for any damages – direct, indirect, consequential, exemplary, incidental, special, or punitive – such as lost profits, revenue, or data, resulting from your use of the Services, even if we have been advised of the possibility of such damages.

15. INDEMNIFICATION

You agree to defend, indemnify, and hold us, including our subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any losses, damages, liabilities, claims, or demands—including legal fees—resulting from: (1) your use of the Services; (2) breach of these Legal Terms; (3) violations of your representations and warranties; (4) infringement of third-party rights; or (5) harmful acts towards other users. We may assume exclusive control of the defence of any such claims at your expense, and you agree to cooperate with us in this defence. We will make reasonable efforts to notify you of any such claims.

16. MISCELLANEOUS

These Legal Terms, along with any policies or operating rules posted on the Services, constitute the complete agreement between you and us. Failure to enforce any term does not waive our right to enforce it later. We may transfer our rights and obligations to others, and are not liable for any issues beyond our control. If any provision is deemed unlawful or unenforceable, it will be removed without affecting the remaining terms. These Legal Terms or the relationship contemplated in the Legal Terms do not create any joint venture, partnership, employment, or agency relationship. These Legal Terms will not be construed against us due to their electronic format or lack of physical signatures, and you waive any defences related to these aspects.

17. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy in Schedule 1 carefully and thoroughly. Our Privacy Policy is a part of and incorporated to these Legal Terms.

18. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, you may email us at info@paceconsulting.com or contact us by post at:

Pace Consulting Benefits & Pensions Ltd.
1600 – 325 Milner Ave, 
Toronto, Ontario, Canada M1B 5N1

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SCHEDULE 1 – PRIVACY POLICY

Revision Date: July 23, 2024

We value the trust that you have placed in Pace Consulting Benefits & Pensions Ltd. (“we”, “our”, or “us”) and protecting your personal information is our priority. This Privacy Policy (“Policy”) discloses the practices of Pace Consulting Benefits & Pensions Ltd. and its affiliates, if any (collectively, “Pace”), regarding the collection, use, safeguard, disclosure, transfer, access, disposal and other processing (collectively, “Processing”) of personal information of individuals who engage with Pace for our support, Services or otherwise, visit our Website, or contribute to Pace social media platforms. For the purposes of this Policy, personal information (“Personal Information”) shall mean information that can identify an individual directly or indirectly through reasonably available information, but does not include business contact information that is used solely for the purpose of communicating or facilitating communication with an individual in relation to their employment, business, or profession.

ACCEPTANCE OF PRIVACY POLICY

As noted above, by providing Personal Information to Pace, and visiting the Website and clicking “I Agree to Pace’s Privacy Policy”, engaging with our social media or otherwise, you are consenting to our Processing of your Personal Information in accordance with the terms of this Policy. 

This Policy is effective as of the “Revision Date” above, and will remain in effect except with respect to any of its provisions that are changed in the future. We reserve the right to change this Policy at any time. Changes, modifications, additions, or deletions will be effective immediately upon their posting to the Website or upon you being otherwise notified for all go forward interactions. Your continued use of the Website or our other Services after we post any such modifications will constitute your acknowledgement of the modified Policy and your agreement to comply with and be bound by the modified Policy on a go-forward basis. We will also update the “Revision Date” when we post substantive changes to the Policy. 

RIGHT TO OPT OUT

Subject to certain legal and contractual limitations, you have the right to withdraw your consent from us Processing your Personal Information. This may limit our ability to provide you with our Services, act on your behalf or engage with you as you would like. To withdraw your consent to certain Processing by Pace you may declare to the Designated Privacy Official (contact information provided below) in writing, at any time, of your desire to withdraw consent. Pace will inform you of the implications of such withdrawal within thirty (30) days of your written request. Any withdrawal of consent will apply thereafter and not to information handling practices that have been previously undertaken based on prior consent. 

MINORS

Pace will not knowingly obtain consent from those individuals who are minors, or those who are not otherwise able to legally consent to terms. If Pace has a concern about this, we shall seek consent from a person having legal authority in relation to or a power of attorney of such an individual. 

COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION

Types of Personal Information Collected and Processed

The Personal Information which Pace may collect includes, but is not limited to:

1. Contact and identifying information including your name, mailing address, email address and telephone number.
2. User information including messages and images uploaded/shared as part of a public forum, message boards and user chats.
3. Login information including username and password.
4. Marketing and communications information including your preferences in receiving marketing from us and third parties, and your communication preferences.
5. Computer information including device type, device identifiers, IP address, MAC address, location, browser type, operating system and platform, protocol, sequence information, cookies, beacons, pixel tags, browser language and type, and domain name system requests.
6. Internet or other electronic network activity including browsing, session, interaction, search history, duration of use, frequency of use, material and pages viewed, time and date of access, number of bytes transferred, number of clicks per visit and other user behaviour related to our website.
7. Other information which you voluntarily provide to us, our employees, or our contractors.

Purposes for Collection and Processing of Personal Information

Personal Information may be collected by Pace for purposes that include, but are not limited to: 

1. Maintaining and improving our Services and operations, and otherwise running and managing our business in the ordinary course, and keeping our records up to date.
2. Fulfilling our contractual and business obligations, including with suppliers and contractors, and accessing and using Services and the Website.
3. Receiving communications from us in regard to e-news, emails, bulletins, notifications, newsletters, programs, events and activities.
4. Assisting you when you contact us, including to direct your questions to appropriate individuals, investigate and address any of your concerns, and to improve and monitor our responses.
5. Administering and protecting our business and Website, including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data. 
6. Marketing and advertising to be presented on the Website. 
7. Administering surveys and other promotional materials to you based on your interests.
8. Using data for business development and market research to understand demographics, interests, usage patterns, and other characteristics of individuals and to track and analyze trends and patterns.
9. Complying generally with all laws and applicable statutory requirements. 

Methods of Collection of Personal Information

1. General

Personal Information may be collected by Pace in a number of ways, including in person, our website, by mail, by email, from our applications or other software, and from third parties whom you have authorized to disclose Personal Information to us.

If you provide information about a third party or authorize a third party to do so, we will assume you have taken proper measures to obtain informed consent.

2. Phone Calls

For the purpose of maintaining quality, telephone calls to Pace lines may be recorded. If your call is subject to a quality assurance program, you will be advised prior to speaking to a representative.

3. Cookies and Web Beacons

Pace may collect Personal Information through cookies on our Website. Cookies are small text files inside your computer that contain a unique identifier, allowing us to recognize you when you visit our Website again. This helps us to understand your preferences based on previous or current Website activity, allowing us to provide you with improved Services, tailor our content to meet your needs and for advertising purposes. We also use cookies and navigational data to gather information regarding the date and time of your visit and the information for which you searched and viewed, or on which of the advertisements displayed on our Website you clicked. 

The Website may use retargeting ads to advertise online. Retargeting uses cookies from third party vendors like Google to track visitors. This tracking enables the third-party vendors to display our ads to people on various sites across the internet based on their visits to our Website. 

We may also use web beacons (small pieces of data that are embedded in images on the pages of our Website) and auditing software to track page views and entry and exit points to and from our Website. We may use web beacons, cookies, customized links and/or similar technologies to determine whether electronic newsletters sent by us to those who have requested them from us have been opened and which links are clicked. Any data collected will only be used in an aggregate form and will not contain any Personal Information.

Some cookies are automatically deactivated upon your access and use of the Website. However, unless you activate cookies, you may be unable to fully utilize and access all areas and features of the Website. You may activate cookies by visiting our Website and clicking “Activate Cookies”. Some third-party service providers may also place their own cookies on your browser. Note that this Policy only covers Pace’s use of cookies and does not include use of cookies by such third parties.

4. Clickstream Data

When you visit the Website, we may also collect clickstream data (e.g. server address, domain name, device type, browsing software) which may be stored on the Website’s server. This information can be combined with information you have provided to us which will enable us to analyze and better customize your visits. We may use clickstream data for traffic analysis or e-commerce analysis of the Website, to determine which features of the Website are most or least effective or useful to you.

5. Mobile and Location Information

Pace’s Website features may be accessible from web-enabled mobile devices. The intent is to provide screens that are optimized for the size of the screen and operating systems. On some devices, functionality may be limited. If you use mobile-enabled services provided by our Website, we may receive information about you from your mobile device. This may also include information about your precise location if you have enabled location-based services on your mobile device. Some devices may allow you to opt-out of this collection or access, and in those cases, you may be able to subsequently stop the collection or access. Please review your device settings for more information.

6. Social Media

If you post a review, make a comment, or otherwise submit Personal Information on a public forum such as social media accounts or public forums on our Website or other applications, your communications may be viewable by the public. When voluntarily disclosing Personal Information about yourself with other Pace users, we are unable to control what may be done with that content. You should take all necessary precautions to protect your private information by not posting or publishing any information that you do not want in the public domain. While we strive to provide the highest level of confidentiality, you should review your personal privacy settings to further restrict any or all parts of your profile or other certain content or information. 

7. Other

Pace may collect Personal Information when you interact with our Website, including when you access the Website, communicate with Pace staff and/or its related  group of companies, purchase Services, register or create or edit your account, sign up to receive newsletters and information, fill out online applications, surveys or forms, send or respond to our emails, or otherwise communicate with us. 

Sharing of Personal Information with Third Parties

Although you are entering into an agreement to disclose your Personal Information to Pace pursuant to this Policy, we may delegate our authority for Processing of your Personal Information to third party individuals and organizations who assist us with providing our Services and administering our business, and for such other purposes as set forth below, including:

1. Contractors, including companies we use for storage, processing, and delivery of Services.
2. Administrative and technical support, including cloud storage providers, IT support, and data analytics providers.
3. Public media and marketing, including companies we use for advertising, marketing, public relations, and press releases.
4. Parties in connection with proposed or actual financing, insuring, sale, securitization, assignment or other disposal of all or part of our business or assets or to a person who is looking to acquire all or part of the shares in the Pace.

We may also disclose Personal Information in situations where we are legally required or permitted to do so. These situations may include credit checks, sales personnel, third party sales management personnel, and government tax reporting requirements.

If you believe that a third party has inappropriately disclosed your Personal Information to us, please contact that third party directly. If the third party does not sufficiently respond to your inquiries, please let us know immediately.

MANAGING YOUR PERSONAL INFORMATION

Accuracy of Personal Information

Pace takes all reasonable steps to keep your Personal Information as accurate, complete and up-to-date as necessary to fulfill the purpose for which your Personal Information has been collected. If desired, you may verify the accuracy and completeness of your Personal Information in our records with our Designated Privacy Official. 

Despite our efforts, errors sometimes do occur. Should you identify any incorrect or out-of-date Personal Information in your file, we will remedy any such errors on a timely basis. You may request correction of the Personal Information we hold about you, though we may need to verify the accuracy of the new information you provide to us. If inaccurate Personal Information is mistakenly sent to a third party, we will communicate relevant changes to the third party where appropriate.

Retention of Personal Information

Pace will store your Personal Information only for as long as is reasonably necessary to fulfill the purpose for which the Personal Information was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements or obligations of Pace. 

To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymize your Personal Information (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this anonymized information indefinitely without further notice to you.

Request for Access to Personal Information and Processing

You may request access to your Personal Information we have collected from you and information about how we are Processing it. We may need to request specific information from you to help us confirm your identity and right to access your Personal Information. This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. Pace may not always be able to comply with your request for access to Personal Information for specific reasons which you will be notified of, if applicable, at the time of your request.

Request for Deletion or Removal of Personal Information

In some circumstances you have the right to request that we delete or remove your Personal Information where there is no good reason for us to continue Processing it. You may also ask us to delete or remove your Personal Information where you have successfully exercised your right to object to Processing, where we may have processed your information unlawfully or where we are required by law to erase your Personal Information. We may not always be able to comply with your request for deletion of Personal Information for specific legal reasons which you will be notified of, in writing, within thirty (30) days of the time of your request.

PROTECTING YOUR PERSONAL INFORMATION

Integrity and Security

Pace uses industry standard measures, including administrative, organizational, technical, and physical safeguards, to help protect Personal Information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. We implement measures and processes to help us to keep your Personal Information secure and to maintain its quality, such as keeping electronic files in a secured environment with restricted access and use. We regularly review our security and related policies to adapt the technology as new threats evolve and monitor our systems to help ensure the highest level of availability. If you have any questions about the security of our Website or your Personal Information, you can reach out to our Designated Privacy Official.

Access to private, sensitive and confidential information, including Personal Information, is restricted to authorized employees or contractors with legitimate business reasons. Pace employees and contactors understand the importance of keeping your Personal Information private. All employees and contractors are expected to maintain the confidentiality of Personal Information.

Risks 

Despite the foregoing security measures and significant steps Pace has taken to protect your Personal Information, no company can fully eliminate all security risks associated with the Processing of Personal Information. The level of risk corresponds with the nature of the information at issue and how it is used. With that in mind, we cannot guarantee the security of any Personal Information provided to or received by us. We encourage you to provide only the Personal Information you are comfortable with providing to a third party, keep watch for communications that are suspicious, and report any suspicious activity to us as soon as possible. 

WEBSITE AND APPLICATIONS GOVERNED BY THIS POLICY

Our Website and our applications available from our Website or third-party platforms, if any, are governed by the provisions and practices stated in this Policy. Our Website and such applications may contain links to third party sites or applications that are not governed by this Policy. Although we endeavour to only link to sites or applications that share our commitment to your privacy, please be aware that this Policy will no longer apply once you leave our Website or such applications, and that we are not responsible for the privacy practices of third party sites or applications. We therefore suggest that you closely examine the respective privacy policies of third-party sites and applications to learn how they collect, use and disclose your Personal Information.

GOVERNING LAW

This Policy and all related matters shall be interpreted and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. 

PERSONAL INFORMATION OUTSIDE OF CANADA

Personal Information provided to our service providers may be stored, processed, used and accessed outside of Canada. You acknowledge and agree that, as a result, your Personal Information may be processed, used, stored or accessed in other jurisdictions and may be subject to the laws of those jurisdictions. For example, information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement in other countries.

ADDRESSING YOUR INQUIRIES AND CONCERNS

Your privacy is very important to us. We are happy to provide you with a copy of this Policy and to discuss any of its contents with you. 

Pace’s Designated Privacy Official is responsible for the implementation of this Policy and monitoring our adherence to its terms and all applicable laws. The Designated Privacy Official also handles questions and concerns about our Policy, as well as Personal Information access requests and complaints. The Designated Privacy Official may be contacted at:

Designated Privacy Official, Pace Consulting Benefits & Pensions Ltd.

Jim Pineau, President 
1600 – 325 Milner Ave, Toronto, Ontario, Canada M1B 5N1
416-410-7226 ext. 4230

jpineau@paceconsulting.com 

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