Last updated August 25, 2008.
The Quinte Broadcasting web sites ("Sites") are developed, operated and updated by Quinte Broadcasting Company Limited ("Quinte Broadcasting"). Quinte Broadcasting respects your privacy and is committed to protecting it. This privacy policy ("Privacy Policy") outlines how we gather and disseminate information and, particularly with respect to your own Personal Information, how you can maximize your control over its disclosure. By using the Sites you agree to be bound by all terms, conditions and notices contained or referenced herein as well as in Quinte Broadcasting's Contest Rules ("Contest Rules") and Terms of Service ("Terms of Service") each of which are included below and incorporated by reference.
Quinte Broadcasting may change this Privacy Policy, the Terms of Service and Contest Rules at any time by posting revisions to the Sites, and your continued use of the Sites indicates your agreement to the revised terms. Accordingly, you should check this document and the policies herein from time to time to keep informed of such changes and if you do not agree to the terms of these policies or revisions please exit the Sites immediately.
1. Information Collected: Quinte Broadcasting may collect two types of information: personal information ("Personal Information") and aggregated non-personally identifiable information ("Aggregated Information"). Personal Information includes information such as your name, user name, address, postal code, telephone number, e-mail address, IP address, age, intentions, preferences and opinions. We do not collect Personal Information except when you provide it on a voluntary basis. Aggregated Information will include information that is anonymous, such as the type of browser you are using, general non-identifying demographic information and other such non-personally identifiable information.
2. Why We Collect Information: You may be required to register or otherwise voluntarily provide Personal Information in order to access some specific features of the Sites or enter a contest or to be provided with a product or service that you have requested. You may choose not to provide the Personal Information, but this may lead to decreased functionality of the Sites for you and will prevent us from providing you with certain products or services. However, you can still access and visit many of the Sites' features. We also may request you to voluntarily provide Personal Information that is not required to access features of our Sites. This information enables Quinte Broadcasting to make general improvements to the Sites, ensures that content standards of certain sections are upheld, enables us to contact prize winners and better serve your specific interests. Quinte Broadcasting may collect Aggregated Information through the use of cookies or by other means. We use this information to assess general usage patterns, including identifying repeat users, collecting demographic information, administering and making improvements to the Sites to tailor our visitors' experiences and to display content according to a visitor's preferences. Subject to agreements with third parties, Quinte Broadcasting may match Aggregated Information with parameters established by third parties, without releasing Personal Information or information that may specifically identify our users. This may be done in order to describe the Sites or services to trading partners, advertisers or other third parties by disclosing certain general statistics such as the percentage of our users who are men, women, professionals, etc. Quinte Broadcasting, our affiliated companies, business partners and such other third party as we may designate reserve the right to use, maintain, update, disclose and/or sell Aggregate Information to third parties.
3. How we Use Information: Quinte Broadcasting generally uses information to compile statistical data and to contact users and provide them with a better interactive experience. Quinte Broadcasting may use your information specifically for the following purposes: (i) to improve the content of the Sites; (ii) to personalize and/or customize the content and/or layout of the Sites for individual visitors; (iii) to notify visitors about updates to the Sites; (iv) to identify visitor preferences; (v) to keep you informed about products and services (both ours and third parties') in which you have expressed an interest; (vi) to establish your eligibility for special offers and discounts; (vii) to complete business transactions; (viii) to contact you as part of a promotion; (ix) to allow you to make a posting on the Sites; (x) to administer individual accounts; (xi) to provide customer support; (xii) to meet legal requirements; (xiii) to provide Internet security; and/or (xiv) to analyze the collected information. If you have entered and won any Quinte Broadcasting contests, Quinte Broadcasting and/or our sponsors may publish your name, photograph – if applicable -- and city of residence. Quinte Broadcasting works closely with a number of parties who may perform functions on our behalf, including fulfilling orders, providing music streaming services or other third party content, providing promotional materials to our users, sending e-mail, managing, compiling and processing data or providing customer service. We do not disclose your Personal Information to these parties except to the extent necessary to enable them to provide the specific services to you. Except for the specific and limited purposes set forth in this Privacy Policy, we will not disclose your Personal Information to any third parties unless we obtain your prior permission or are legally compelled to do so. In addition, we will not contact you without your permission except as specified herein or in connection with the registration process. On the Sites, you will be given the opportunity to opt out of receiving e-mails, promotional and/or marketing information about other products, services and offerings from Quinte Broadcasting and/or any third parties or other information from Quinte Broadcasting. Please indicate your preferences on the Sites by checking the appropriate boxes. If you have questions about how your personal information is used, please contact us using the contact information below.
4. Privacy and Children's Use Guidelines: Quinte Broadcasting does not market or direct the Sites toward children. Nevertheless it is possible for children, without prior parental consent, to publicly post or distribute Personal Information or any other information which might identify users within chat rooms, forums, message boards or in user groups. Quinte Broadcasting encourages parents and guardians to be aware of and to participate in their children's online activities. We will not knowingly register, communicate with or otherwise collect Personal Information from anyone who indicates that they are younger than 13 years old without the prior verifiable consent of their parent or guardian.
5. Third Party Advertising: Quinte Broadcasting may use third-party advertising companies to serve ads when you visit the Sites. These companies may use Aggregated Information we compile about your visits to the Sites in order to provide advertisements on the Sites about goods and services that may be of interest to you. Neither Quinte Broadcasting nor any third parties will make any attempt to link this anonymous aggregated traffic and other information to the individual visiting our Sites. Except as otherwise detailed in this Privacy Policy, information that personally identifies you will be kept strictly confidential. Any third party promotions and offers will only be made available through us on behalf of the third parties.
6. Cookies: When you visit the Sites, we or a third-party advertiser may store or recognize some information on your computer in the form of a "cookie" or similar file. "Cookies" are small text files that identify an individual computer's browser entering the Sites. They do not pose a security threat to you. No personal information is stored within the cookies. Cookies allow us to track a browser's movement through the Sites over several sessions which enable the Sites to recognize repeat visitors, facilitate access to and use of the Sites and to allow the Sites to track usage behaviour that will enable content improvement and allow us to tailor our Sites to better match your interests and preferences. If you do not want cookies placed on your computer, you can erase cookies from your computer hard drive, block cookies or receive a warning before a cookie is stored. Most Internet browsers or other software will allow you to do this. Please refer to your browser instructions or help screen to learn more about these functions. If you reject cookies, functionality of the Sites may be severely limited and you may not be able to take advantage of many of the Sites' features.
7. Forums and Guest Books: From time to time the Sites may feature forums such as message boards, guest books or chat rooms which enable our users to communicate with each other. Quinte Broadcasting does not moderate and is not responsible for the content that you or any user posts on any forum on the Sites. All information you post in a forum, chat area, guest book or message board becomes public information and may be viewed, collected and used by any visitor to the Sites, and may expose you to unsolicited messages. This is beyond our control and Quinte Broadcasting is not responsible if your information is intercepted. We recommend that you do not post on any forum private information about yourself or other individuals.
8. Linking Third Party Content/Web Sites: The Sites provide on-line streaming and other third party content and Quinte Broadcasting is not responsible for any such third party content, spoken word or music that you may access through the Sites. The Sites also contain links from and to sites operated by our business partners and other independent third parties. Once you leave the Sites, you may or may not see a new URL in the location bar. Please review the linked site's and third party content provider's privacy policies, and if you do not agree to be bound by the terms of the policies governing that provider and/or site, terminate your use of that service or your visit to the site. The linked sites and those subsequently linked from them are not under the influence or control of Quinte Broadcasting and may have their own privacy, data collection and use policies. We are not responsible for the policies, practices or content of sites other than our Sites.
9. Security: Any unauthorized use of the Sites may result in criminal and/or civil prosecution. Quinte Broadcasting has policies and procedures in place to protect the privacy and confidentiality of your information that we collect and maintain, including contracts with third parties that manage the information provided by you. These Sites have reasonable security measures in place to protect against the loss, misuse or interception of your information. To help ensure the privacy of your information, we urge you not to share your user name and password with anyone and recommend that you change your password frequently and store it in a safe place. If you are asked to create a user name or password, please select words that do not personally identify you. We may offer "auto login" which allows users to enter member areas of our Sites without re-entering password information. You may want to disable auto login on your "Set Up" page if you are not the only person using your computer. It is up to you to fully understand the risks and threats of using the public Internet and to be sufficiently aware of those risks to adequately protect your information. Quinte Broadcasting's advice herein is provided as a guideline only, and it is up to the user to remain current and exercise care when using the Internet. You should seek professional advice on protecting your privacy and evaluating the security of the information systems you are using. Quinte Broadcasting assumes no liability for interception, alteration or misuse of information transmitted over the Internet.
If you have any concerns about privacy procedures at our Sites:
Email us at: privacy@cjbq.com
or write us at:
Attn: Web Privacy,
Quinte Broadcasting Company Limited
P.O. Box 488
10 South Front Street
Belleville, Ontario
K8N 5B2
Please make any communications as complete and descriptive as possible, and we will attempt to respond promptly to your concerns.
1. Quinte Broadcasting: Quinte Broadcasting has a number of related, affiliated and subsidiary companies and reference to Quinte Broadcasting herein and our Privacy Policy and Contest Rules shall be deemed to refer to all Quinte Broadcasting companies. We reserve the right to change or discontinue any feature of the Sites, including but not limited to the Privacy Policy, Terms of Service or Contest Rules, at any time, by posting revisions onto the Sites.
2. Links to Third Party Sites & Services: The Sites contain links to and from sites operated by third parties. Quinte Broadcasting makes no representations whatsoever about any third party content (including streaming) that you may access from the Sites or about any web site from which you may access the Sites and/or which may be linked to the Sites. We provide third party content and links only as a courtesy to our users, and such links/content do not imply our endorsement of any linked site/content. The linked sites/content are not under our influence or control, and we are not responsible for any third party content or the contents of any linked site or subsequent links from that site. Our Privacy Policy is only applicable when you are on these Sites. Please review the streaming provider's and the linked site's use agreements and privacy policies, and if you do not agree to be bound by the terms, we recommend that you terminate your use of that service or your visit to the site.
3. Intellectual Property: You acknowledge that all content and materials available on these Sites, including the selection, coordination, arrangement and enhancement of such content as well as content original to it are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by Quinte Broadcasting or its licensors or Quinte Broadcasting has obtained the necessary permission of the owner of the intellectual property in such content to use the content on the Sites. Unless otherwise indicated, all logos, names, package designs and marks on the Sites are trademarks or service marks of, or used under license by Quinte Broadcasting. The use or misuse of any of these materials is strictly prohibited. Quinte Broadcasting, its licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Sites.
4. Lawful Use: You agree to use the Sites or their contents for lawful purposes and only as expressly permitted in this Terms of Service and for no other purpose. Except where otherwise noted, you may download, print or view individual pages for noncommercial use only, provided you do not delete or change any of the information, including copyright or trademark notices. Except as otherwise permitted herein and as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Sites or otherwise in any way exploit any of the content of the Sites, in whole or in part. Systematic retrieval of data or other content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory in any form whatsoever without Quinte Broadcasting's written permission is strictly prohibited. You agree that you will not post or transmit through the Sites any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without the express prior approval of Quinte Broadcasting, contains advertising or any solicitation with respect to products or services. You also agree not to post any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary rights and the burden of determining that any material is not protected by copyright rests with you. Any conduct by you that, in our discretion, restricts or inhibits any other user from using or enjoying Quinte Broadcasting or the Sites will not be permitted.
5. User's Grant of License: By posting or submitting content to the Sites, you grant Quinte Broadcasting and its worldwide licensees the right to use, reproduce, display, perform, adapt, modify, distribute and promote the content in any form, anywhere and for any purpose. You also warrant and represent that you own or otherwise control all of the rights to the content you post or submit to the Sites and that our public posting and use of your content will not infringe or violate the rights of any third party. Quinte Broadcasting retains the right to monitor, edit or otherwise change your posting or other content submitted to the Sites without your permission.
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE AND THAT YOU USE THESE SITES AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK. QUINTE BROADCASTING DOES NOT IN ANY WAY WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER QUINTE BROADCASTING NOR ITS PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT OF THE SITES OR ANY SERVICE OR MERCHANDISE PROVIDED THROUGH THEM, IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITES OR ANY LINKED SITE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITES.
6. Limitation of Liability: UNDER NO CIRCUMSTANCES SHALL QUINTE BROADCASTING OR ITS PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITES OR FROM INFORMATION PROVIDED ON THE SITES OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND THE RISK OF ANY INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
7. Indemnification: You agree to defend, indemnify, and hold Quinte Broadcasting and its partners and their respective employees, officers, directors, shareholders, agents, consultants and licensees harmless from and against any and all liabilities, claims and expenses, including lawyer's fees, that arise from your use or misuse of the Sites or the content therein including, without limitation, your violation of the Terms of Service herein, the Privacy Policy or Contest Rules. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
8. Monitoring Content: Quinte Broadcasting shall have the right, but not the obligation, to monitor the content of the Site, including chat rooms, guest books and forums, to determine compliance with this Terms of Service and any operating rules established by Quinte Broadcasting and to satisfy any law, regulation or authorized government request. Quinte Broadcasting shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Sites without your permission. Without limiting the foregoing, Quinte Broadcasting shall have the right to remove any material that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable. Notwithstanding the foregoing, Quinte Broadcasting is not responsible for the content that you or any user posts on any forum on the Sites and your reliance on any such content is solely at your own risk.
9. Local Laws: By choosing to access the Sites from any location other than Canada, you accept full responsibility for compliance with all applicable local laws. Quinte Broadcasting makes no representation that materials on the Sites are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited.
10. Choice of Law: This Agreement shall be construed in accordance with the laws of the Province of Ontario and the Federal laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these Terms of Service, Privacy Policy or Contest Rules or your use of the Sites shall be filed only in the courts of the Province of Ontario or the Federal Court of Canada, if applicable, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
12. Entire Agreement & Severance: These Terms of Service, Privacy Policy and Contest Rules constitute the entire agreement between Quinte Broadcasting and you with respect to the Sites and supersede all prior or contemporaneous communications and proposals between us with respect to the Sites. If any provision of these Terms of Service, Privacy Policy or Contest Rules is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. The section headings used herein are for convenience only and shall not be given any legal import.
13. Unauthorized Use & Termination: You agree to use the Sites only for authorized and legal activities. Without limitation, Quinte Broadcasting shall have the right, with or without notice and for any reason whatsoever, to immediately terminate your access to all or part of these Sites in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of any of these Terms of Service or Privacy Policy.