- GENERAL TERMS
“Agreement” or “contract” means all of the documents which you and the Company have signed, including the Credit Card Authorization Form.
“Client” or “you” means any purchaser, client and/or user of any of our programs and services.
“Company”, “we” or “us” means FXO Consulting Inc.
“Site” means the platform we offer at our website (https://www.fxoconsulting.com).
- OUR COMMITMENT TO PRIVACY
We are committed to protecting your Personal Information (as defined below) by ensuring that your Personal Information is treated with care and is not used or disclosed in ways to which you have not consented or as described in this Policy.
We will only use your Personal Information in accordance with this Policy, unless otherwise permitted or required by applicable law. Please read this Policy carefully to understand our policies and practices for collecting, using, disclosing, processing, storing and deleting your Personal Information. By providing us with your Personal Information and using our Site, you accept this Policy and consent to its terms, as well as any other terms that are described to you when your Personal Information is collected. If you do not consent, please do not use the Site or otherwise provide your Personal Information to us.
- PERSONAL INFORMATION
When we use the term “Personal Information” in this Policy, we mean information that identifies, or can be used to identify, an individual. This may take the form of an identification number, name, title, e-mail address, payment information, telephone number(s), photo, or home address. Personal information does not include information that has been appropriately anonymized or deidentified, information that is publicly available from government records, or business contact information.
- INFORMATION WE COLLECT
Certain users of the Site choose to interact with us in ways that require us to gather Personal Information. The amount and type of information gathered depends on the nature of the interaction. In each case, we collect such information only insofar as is necessary or appropriate to fulfil the purpose of your interaction with us. Examples of the information we collect include:
- Contact Information. This may include your first and last name, postal address, telephone number, and email address when you sign up for an account.
- Client Information. We may ask for certain information to help us provide the services to you or your business including information relating to your business, employees and clients.
- Billing and Financial Information. To help users of our services set up a payment account and pay fees, we may collect financial information, including debit card or credit card numbers, and other payment information, as applicable. We use financial information in order to operate the Site and the services that we provide and to ensure that you are billed for the services you choose to receive from us. We do this as necessary for our legitimate interests in providing our Sites and services and to fulfil our contracts with users.
- Promotional Information. Certain offerings of the Site are optional and so you are not required to enter them or to give us your data in connection with them. Where you do consent to take advantage of our offerings, we will use your data to (as applicable) send you newsletters and other communications that are tailored based on information we have about you, or to operate and manage surveys, contests or similar offerings in connection with our legitimate interest in promoting our business and the Site.
- Content Information. You also may choose to send us Personal Information in an email or chat message containing inquiries about the Site and services. We use this information in order to help us respond to your inquiries. We also collect additional information in order to facilitate your technical support request, such as information about the technical support issue you are seeking to fix, the time, and the date.
When you visit our Site, we automatically collect the following information, which we refer to as “Technical Information” in this Policy.
- Device Information. We may collect information about your device and internet connection, including the device’s unique device identifier, IP address, MAC address, operating system, browser type, mobile network information, and the device’s telephone number (where applicable).
- Location Information. If you permit us to identify your location when using the Site, we will have access to your location and time zone. We do not collect real-time information about the location of your device. Any location information collected will be anonymized.
Technical Information is generally used on an aggregate and anonymized basis and in a non-personally identifiable form, but if we can or do use your Technical Information to identify you, we treat such Technical Information as Personal Information in accordance with this Policy. Our purpose in collecting Technical Information is generally to better understand how you use our Site. From time to time, we may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
The technologies we use for automatic data collection may include:
- Log files. Log files track actions occurring on the Site, and collect data including your IP address, MAC address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- Web beacons. Small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) permit us, for example, to count users who have visited certain pages and other related statistics (for example, recording the popularity of certain content and verifying system and server integrity).
- USE OF YOUR INFORMATION
We collect and use information for business and commercial purposes in accordance with the practice described in this Policy. Our business purposes for collecting and using information include:
- To create and customize our services in order to fulfill our contracts with you;
- To enable payment for services, in order to fulfill our contracts with you;
- For billing and fraud prevention, on the basis of our legitimate interests in ensuring a safe and secure environment in which you can use our services and in order to comply with our legal obligations;
- To analyze the Site’s usage as necessary for our legitimate interest in improving the Site to grow our business;
- To notify you about changes to our Site or any products or services we offer or provide though it;
- To contact you and deliver (via email, push notifications, or otherwise) transactional information, administrative notices, marketing notifications, offers, and communications relevant to your use of services, with your consent when required under applicable law, as necessary for our legitimate interests in proper communication and engagement with you and in promoting our business;
- To provide you with customer support in order to fulfill our obligations to you;
- For internal market research for our legitimate interest in improving the website and our services to grow our business;
- For troubleshooting problems for our legitimate interests in ensuring a safe and secure environment in which you and other users can receive the services they opt to use;
- To assist you in the resolution of complaints and disputes, as necessary for our legitimate interests in facilitating good customer service to all users;
- To protect the security or integrity of our Site when necessary;
- For any other purpose with your consent.
We do not collect more Personal Information than we require for the purposes for which Personal Information is being collected, unless we are required or permitted by law to collect additional information.
We may use both manual and automated systems, such as machine learning and artificial intelligence, to: analyze your Personal Information to improve our Site; personalize your experience; automate certain aspects of the Site; aggregate, de-identify or anonymize your information; provide you certain features; and protect the safety and security of our Site.
- EMBEDDED CONTENT
- SHARING YOUR DATA
We only share the information we collect about you as described in this Policy. We may disclose Personal Information that we collect as described in this Policy with your consent for any other purpose we disclose when you provide the information or as permitted or required by applicable law. When Personal Information that has been collected is to be used for a purpose that we have not previously identified, we will obtain your consent for the new purpose, unless the new purpose is required or permitted by law. We will not rent or sell your Personal Information to anyone.
We may share or disclose your Personal Information in the following circumstances:
- Third Party Agents. To operate the FXO Consulting Inc. platform, including processing your transactions, we may share your Personal Information with our agents, representatives, vendors and service providers (“Third Party Agents”) so they can provide us with support services. We share information, including Personal Information, with entities that process information on our behalf for our business purposes. Third Party Agents assist us with services such as payment processing, data analytics, marketing and advertising, website hosting, fraud prevention and detection, communication services, and technical support. Third Party Agents are contractually obligated to keep Personal Information confidential, to use it only for the purposes for which we disclose it to them, and to process the Personal Information with the same standards set out in this policy. We may permit Third Party Agents to use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law.
- Subsidiaries and Affiliates. We may disclose your Personal Information to our subsidiaries and affiliates for the purposes that you consented to.
- “”Legal Obligations. FXO Consulting Inc. and our Third Party Agents may disclose your Personal Information to comply with any court order, law, or legal process, including in response to a subpoena or other governmental request according to applicable law.
- Merger or Acquisition. We reserve the right to share Personal Information in connection with, or during negotiations of, any proposed or actual merger, purchase, sale, or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another business.
- Enforce our Rights. We may disclose your Personal Information to enforce our rights arising from any contracts between you and us, and, if applicable, for billing and collection.
- Protect our Rights. We may disclose your Personal Information if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organizations for fraud prevention and credit risk reduction.
- STORING AND RETAINING YOUR DATA
Except as otherwise permitted or required by applicable law or regulation, we will only retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize your Personal Information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent. We use secure means of disposing of Personal Information.
Note that we will retain Personal Information to the extent necessary to send you marketing communications in accordance with your marketing preferences, which you can change at any time.
Your Personal Information may be processed or stored outside of the jurisdiction in which it was originally collected, including outside of Canada. As a result, your Personal Information may be subject to the laws of such foreign jurisdiction and may be accessible without notice to you by the courts, law enforcement and national security authorities of that jurisdiction. You can obtain more information about our policies and practices with respect to the use of non-Canadian service providers or to ask us delete this information by writing to us at the address provided at the end of this policy.
- PROTECTING YOUR DATA
We implement and maintain reasonable administrative, physical, and technical security safeguards to help protect Personal Information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. However, transmission via the internet is not completely secure and we cannot guarantee the security of information about you. The safety and security of your Personal Information also depends on you. Where we have given you (or you have chosen) a password for access to certain parts of our Site, you are responsible for keeping it confidential. We ask you not to share your password with anyone. PLEASE DO NOT SUBMIT ANY CONFIDENTIAL INFORMATION WHEN BOOKING APPOINTMENTS ON THE SITE.
The third-party services that we use to store data are equipped to monitor unauthorized access and share with us any known system breaches. Additionally, if, at any point, we become aware of a data breach through one of the third parties listed above, or by our own measures, we will immediately contact all affected parties and also take immediate action in accordance with the rules and regulations of the authority having jurisdiction.
- PERSONAL INFORMATION OF MINORS
We do not knowingly track, collect, use or disclose the Personal Information of minors (i.e., anyone under the age of 18), without the consent of a parent or legal guardian. However, we cannot always determine the age of persons who access and use our Site. If we learn we have collected or received Personal Information from a minor without parental/guardian consent, we will delete that information.
- YOUR PRIVACY RIGHTS
You have certain rights with respect to your Personal Information that we collect and process, as described below. To exercise any of your privacy rights, please contact us as set out below under the “Contact Us” heading.
- Updating Your Personal Information. We want to make sure that the Personal Information that we have collected about you is accurate, complete, and current. However, we will not routinely update this information, unless it is necessary for us to do so to fulfill the purposes for which we collected the Personal Information. Since we generally rely on you to inform us if there have been any changes to the Personal Information that we have collected about you, please let us know if any of this information has changed.
- Access to & Correction of Personal Information. If you have any questions about the accuracy of the Personal Information that we have collected about you, you can have access to that Personal Information in order to verify and update it, unless we are permitted or required under applicable laws to refuse your access to such Personal Information.
- Withdrawal of Consent. Where you have provided your consent to the collection, use, and transfer of your Personal Information, you may have the legal right to withdraw your consent under certain circumstances. Please note that if you withdraw your consent, we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you make your decision.
- Unsubscribe from Marketing & Promotional Communications. If you are receiving our marketing and promotional electronic communications, you may unsubscribe at any time by clicking on the “unsubscribe” option in any electronic marketing communication (e.g. email) you receive or by contacting us as set out below under the “Contacting Us” heading. Please note that if you unsubscribe from marketing communications, we may still send you transactional emails or emails about your account and use of our Site.
Although most changes are likely to be minor, we may change this Policy from time to time, and in our sole discretion. If we make material changes to how we treat our users’ Personal Information, we will notify you by email and through a click-through notice on the Site home page.
We include the date the Policy was last revised at the top of the page. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you, and to frequently check this page for any changes to the Policy.
- CONTACTING US
If you have any questions or concerns about your privacy or anything in this Policy, we encourage you to contact us by e-mail at [email protected]
Words You Need to Understand
“Agreement” or “Contract” means all of the documents which you and the Company have signed.
“you” means any purchaser, client and/or user of any of our Services.
“Company”, “we”, “us” or “me” means FXO Consulting Inc.
“Site” means the platform we offer at our website (https://www.fxoconsulting.com).
“Services” includes any service we provide, client software, content and use of this Site. Services may be delivered in several ways including but not limited to in-person, phone, Zoom, Skype or otherwise in a variety of settings such as individual consulting and process calls.
“Resources” means any information or resources provided by us to you through third party links.
“Improper and/or Unauthorized Use” includes and is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium any information accessed through our Services for your own business or commercial use or in any way that earns you money or that you trade for valuable consideration.
HOW YOU MAY USE OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
Our Limited License to You.
The content in our Services, including, but not limited to, all associated software, code, algorithms, protocols, layout, look, appearance, text, graphics, content, layouts, designs and interfaces, are owned or licensed and operated by us. Your use of the Services is governed by intellectual property laws, including without limitation, copyright and trademark laws.
If you access any of our Services, you will be considered our licensee. All Services obtained through us are solely and completely our property, and you are granted a non-exclusive, limited, revocable, non-transferable license for personal, non-commercial use of the Services. This means you may not use our Services in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.
Your unauthorized use of the Services or the contents of the Services may violate applicable laws, and we reserve all rights to pursue any remedy we may choose.
Reproduction of the Services is prohibited other than in accordance with the following reproduction policy (the “Reproduction Policy”):
You may download and/or print the content in our Services for your personal use. To clarify, you are not permitted to share, sell, reprint or republish any content in the Services for resale or mass reproduction purposes for your own business or commercial use or in any way to make you money from our Services unless you receive written permission to do so.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or program, and Service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason unless you ask us in writing if you may do so, and we answer in writing and state that you may do so.
Information You Must Not Share with Others.
As a licensee, you understand and acknowledge that our Services have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from Improper and/or Unauthorized Use.
When you enroll in or purchase any of our Services, you agree that, apart from in accordance with the Reproduction Policy, you are expressly prohibited from doing any of the following acts:
- You will not copy, share or steal our Services or any parts of them.
- You will not in any way use, copy, adapt or represent any of our Services or the content in any way as if they are yours or created by you.
- You will not engage in the Improper and/or Unauthorized Use of our Services.
- You will not duplicate, share, trade, sell, or otherwise distribute our Services to any other person, for their personal, business, or commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information or that their intention was to use the content for their own personal, business or commercial use. This means you cannot share or sell any part of our Services to another person or business, so they can copy, reproduce, sell and/or use them for their own personal, business or commercial use or in any way that earns them money or for valuable consideration. You are the only one granted a limited licence to use our Services.
- You will not violate our intellectual property rights, including copyright and trademark rights by downloading, printing, or otherwise using our Services for publication or compilation into your own Services for your own personal, business or commercial use or in any way that earns you money.
- You will not use our Services in a manner that constitutes an infringement of our rights or that we have not first approved in writing.
Request from You for Permission to Use Content We Have Created and Shared with You
If you are granted permission by us, you agree to use the specific content that we allow and only in the ways for which we have given you our written permission.
SERVICES SECURITY RULES
You may be required to establish an account in order to use certain parts of the Services. You are responsible for maintaining the security of your username and password and will be responsible for all activity on your account. Do not share this information with any person.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, cancelbot, Trojan horse, worm or other harmful or disruptive component to the Services, overloading, “flooding”, “spamming”, “mailbooming” or “crashing”; or (d) engaging in “screen scraping,” or “database scraping”. Violations of any system or network security may result in civil or criminal liability.
You are prohibited from posting to the Site or transmitting to or from us any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other materials that violate any law.
We will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
Limitation of Liability
To the fullest extent permitted by applicable law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental distress, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, in law or in equity, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other program, service or participant or user, including you. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors or otherwise who is engaged in producing or rendering our Services. In the event that you use our Services or any other information provided by us or affiliated with us, to the extent that is legally permissible under applicable law, we assume no responsibility.
We make no warranties as to our Services. You agree that our Services are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible in law and in equity, we make no warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of any rights, including, without limitation, intellectual property rights and including the transmission of any such content from the Services to you. We do not warrant that the Services will be functional, uninterrupted, correct, complete, accurate, timely, appropriate, or error-free, that defects will be corrected, or that any part of the Site content is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Services or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
In accessing the Services you assume all risk associated with any viruses, worms, Trojan horses and other destructive items. You should take any necessary precautions before you access the Services in respect of any such potential risks.
From time to time, we may present real world experiences, testimonials and insights about other people’s experiences with our Services for purposes of illustration only. The testimonials, examples and photos used are of actual clients and individuals who can speak to the quality of our Services. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results; rather, these testimonials represent what is possible for illustrative purposes only.
The testimonials on this Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the clients, except for the correction of grammar or typing errors. Some testimonials may have been shortened where the full testimonial contained information not relevant to the general public.
We try to ensure that the availability and delivery of our Services is uninterrupted and error-free, including our content and communications through methods like our Site, email communications or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our Services become unavailable or access to them becomes slower or incomplete due to any reason such as system backup procedures, Internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Services inaccessible to you.
You agree that we have not made any guarantees about the results of taking any action, whether recommended through the Services or not. There is no guarantee that the Services will allow you to earn any money or achieve your desired outcomes. You recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond our control and/or knowledge. When we present revenue and sales figures on our Site and our other channels, we may showcase exceptional results, which do not reflect the average experience. You should not rely on any revenue, sales, or earnings information we present as any kind of promise, guarantee, or expectation of any level of success or earnings.
Personal Responsibility and Assumption of Risk
You agree that you are using your own judgement in using our Services, and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Services. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Services.
Errors and Omissions.
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Services. Every effort has been made to present you with the most accurate, up-to-date information, but we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
Resources; Links to Other Websites.
We prohibit third parties from producing materials which contain links to our Services or framing of content contained within our Services without our prior written consent, which we may withhold in our sole and absolute discretion. We reserve the right to disable any such unauthorized links or framing. We have no responsibility or liability for any material that may contain links to the Services.
INDEMNIFICATION, LIMITATION OF LIABILITY AND RELEASE OF CLAIMS
Release of Claims.
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Services, and you hereby release us from any and all such claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties, to the fullest extent allowable by applicable law.
You are agreeing that you will not use our Services in any way that causes or is likely to cause the Services or access to them either to be interrupted, damaged, or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to us.
You must use the Services for lawful purposes only.
Products and Services
We continually upgrade and revise our products to provide you with new products and services. We may revise, discontinue or modify any products and/or services at any time. Unless we tell you otherwise, the products and services on our Site are available only to residents of the Canada. The information on the Site is only aimed at these residents and, unless we tell you otherwise, we will not accept orders or applications from anyone else.
Use of Credit Card
Upon completing the applicable form associated with the purchase of the product(s) that you have added to your shopping cart, and upon providing the requisite registration data, the credit card that you provided on the form will be charged the applicable purchase price for the product(s), plus applicable shipping fees and sales tax.
Pricing & Currency
All prices shown on our Site are in Canadian Dollars.
You have the right to terminate your use of our Services at any time by contacting us in writing, including by e-mail.
We reserve the right in our sole discretion to refuse or terminate your access to our Services, in full or in part, at any time, without notice, by sending you an email to the email address you provided to us during registration.
In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.
Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Services, including but not limited to our Site, private forum, email communications, Zoom calls, or conference calls, recordings of any such communications, or any other method of communications related to our Services at any time without notice and in our sole discretion.
We shall not be liable for any loss, damage or delay in fulfilling our obligations pursuant to this Agreement caused by or resulting from conditions or causes beyond our reasonable control including but not limited to pandemics, power outages, riots, fire, flood, explosion, governmental controls or regulations, civil insurrections, acts of terrorism, civil or military authority, and inability to obtain necessary supplies and materials or perform our obligations due to such causes.
It is hoped that should we ever have any differences, we will be able to work them out amicably through email correspondence and telephone conference calls.
In the event of a dispute between us, you agree to not engage in any conduct or communications, whether in public or in private until the resolution of the dispute including but not limited to on social media, either directly or indirectly, designed to disparage us, or any of our Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as part of the legal process.
If any provision in the Agreement is construed by a court of competent jurisdiction to be void or unenforceable for any reason, it shall be deemed to be severed from the Agreement and shall not affect the validity or enforceability of all other provisions in the Agreement, which shall remain in full force.
When you contact us or register for an account, you consent to receive communications from us electronically related to your account and your use of the Services. You agree that any such communication via email shall constitute legal written communication in compliance with any and all legal notice requirements to the fullest extent permitted by applicable law.
Time shall be of the essence in all respects of the Agreement.