Privacy Policy

WWW.FRANCHISINGFORUM.CA
WEBSITE PRIVACY POLICY

www.FranchisingForum.ca (“FF”) is a website developed by David Kornhauser, MBA LL.B., who is corporate counsel at Macdonald Sager Manis, LLP (“MSM”), and some other colleagues at MSM. David has developed this Website Privacy Policy to describe the specific privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website. We have developed other documents that describe our privacy policies and practices with respect to those individuals with whom we interact. Our External Privacy Policy is available at http://msmlaw.net/index.php/privacy-policy. If you are unsure of which Privacy Policy applies to you, please contact our Privacy Officer for more information.

Privacy Policy Effective for Canada

It is FF’s policy to comply with the privacy legislation within each jurisdiction in which we operate. Sometimes the privacy legislation and/or an individual’s right to privacy are different from one jurisdiction to another. This Privacy Policy covers only those activities that are subject to the provisions of Canada’s federal and provincial privacy laws, as applicable.

This Privacy Policy has a limited scope and application. Consequently, the rights and obligations contained in this Privacy Policy may not be available to all individuals or in all jurisdictions. If you are unsure if or how this Privacy Policy applies to you, please contact our Privacy Officer for more information.

What Is Personal Information?

For the purposes of this Privacy Policy, personal information is any information about an identifiable individual, other than the person’s business title or business contact information when used or disclosed for the purpose of business communications.

What Personal Information Do We Collect?

You can visit our website without telling us who you are or revealing any information about yourself, including your email address. Our web server may collect information related to your visit to our website, including: the IP address and domain used to access our website; the type and version of your browser; the website you came from to access our website; the page you entered and exited at; any website page that is viewed by that IP address; and what country you are from. We use this information to monitor our website’s performance (e.g., number of visits, average time spent, page views) and for our business purposes such as working to continually upgrade our website.

We also collect and maintain different types of personal information in respect of the individuals with whom we interact. This includes:

• Contact and identification information, such as your name, address, telephone number and email address, should you chose to provide it;
• Product-and-service related information concerning the products and services that we provide to, or receive from, you;

As a general rule, FF collects personal information directly from you. In most circumstances where the personal information that we collect about you is held by a third party, we will obtain your permission before we seek out this information from such sources (such permission may be given directly by you, or implied from your actions).

From time to time, we may utilize the services of third parties in our business and may also receive personal information collected by those third parties in the course of the performance of their services for us or otherwise. Where this is the case, we will take reasonable steps to ensure that such third parties have represented to us that they have the right to disclose your personal information to us.

Where permitted or required by applicable law or regulatory requirements, we may collect information about you without your knowledge or consent.

In the event that you communicate with David Kornhauser, you will do so via his dkornhauser@msmlaw.ca e-mail address. In such an event, your privacy rights are those set forth on the Macdonald Sager Manis LLP website at http://msmlaw.net/index.php/privacy-policy.

How Do We Use Cookies?

When you visit the website, we place a “cookie” on the hard drive of your computer to track your visit. A cookie is a small data file that is transferred to your hard drive through your web browser that can only be read by the website that placed the cookie on your hard drive. The cookie acts as an identification card and allows our website to identify you and to record your passwords and preferences. The cookie allows us to track your visit to the website so that we can better understand your use of our website so that we can customize and tailor the website to better meet your needs.

Most web browsers are set to accept cookies. However, on most web browsers you may change this setting to have your web browser either: (1) notify you prior to a website placing a cookie on your hard drive so that you can decide whether or not to accept the cookie; or (2) automatically prevent the placing of a cookie on your hard drive. It should be noted that if cookies are not accepted, you will not be able to access a number of web pages found on the website.

What About Links to Other Websites?

Our website may contain links to other websites that may be subject to less stringent privacy standards. We cannot assume any responsibility for the privacy practices, policies or actions of the third parties that operate these websites. FF is not responsible for how such third parties collect, use or disclose your personal information. You should review the privacy policies of these websites before providing them with personal information.

Why Do We Collect, Use and Disclose Personal Information?

The personal information collected is used and disclosed for our business purposes, including for those purposes explained in this policy and in our External Privacy Policy (available at http://msmlaw.net/index.php/privacy-policy).

We may share your personal information with our employees, contractors, consultants and other parties who require such information to assist us with managing our relationship with you, including: third parties that provide services to us or on our behalf; third parties that assist FF in the provision of services to you; and third parties whose services we use to conduct our business.

In addition, personal information may be disclosed or transferred to another party during the course of or completion of, a change in ownership of or the grant of a security interest in, all or a part of FF through, for example, an asset or share sale, or some other form of business combination, merger or joint venture, provided that such party is bound by appropriate agreements or obligations and is required to use or disclose your personal information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless you consent otherwise.

Further, your personal information may be disclosed:

• As permitted or required by applicable law or regulatory requirements;
• To comply with valid legal processes such as search warrants, subpoenas or court orders;
• As part of FF’s regular reporting activities;
• To protect the rights and property of FF;
• During emergency situations or where necessary to protect the safety of a person or group of persons;
• Where the personal information is publicly available; or
• Where required by law, with your consent.

Your Consent Is Important to Us

By using our website, we assume that you have consented to the collection, use and disclosure of your personal information as explained in this Privacy Policy.

You may change or withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting our Privacy Officer using the contact information set out below. In some circumstances, a change in or withdrawal of consent may severely limit our ability to provide products or services to, or acquire products or services from, you. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to our Privacy Officer.

How Is Your Personal Information Protected?

FF endeavours to maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of the personal information in question. These safeguards are designed to prevent your personal information from loss and unauthorized access, copying, use, modification or disclosure.

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while this website strives to protect your personal information, we cannot warrant the security of any information you transmit to us, and you do so at your own risk. Once this website receives your transmission, we make commercially reasonable efforts to ensure its security on our systems.

Inquiries or Concerns?

For more information about our Privacy Policies, please visit our website at http://msmlaw.net/index.php/privacy-policy. If you have any questions or concerns about our Privacy Policies, please contact:

David Kornhauser
Phone: 855-324-3944 – Email: dkornhauser@msmlaw.ca
Fax: 416-862-6287

Revisions to this Privacy Policy

FF from time to time, may make changes to this Privacy Policy to reflect changes in its legal or regulatory obligations or in the manner in which we deal with your personal information. We will post any revised version of this Privacy Policy on our website http://msmlaw.net/index.php/privacy-policy and we encourage you to refer back to it on a regular basis.

Interpretation of this Privacy Policy

Any interpretation associated with this Privacy Policy will be made by our Privacy Officer. This Privacy Policy includes examples but is not intended to be restricted in its application to such examples; therefore where the word “including” is used, it shall mean “including without limitation”.

This Privacy Policy does not create or confer upon any individual any rights, or impose upon FF any obligations outside of, or in addition to, any rights or obligations imposed by Canada’s federal and provincial privacy laws, as applicable. Should there be, in a specific case, any inconsistency between this Privacy Policy and Canada’s federal and provincial privacy laws, as applicable, this Privacy Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.