Legal
On this page:
Privacy
Terms & Conditions
Cookies
Privacy
UppedGame is a service provided by Douglas McCaffrey (Company) registered in Ontario, Canada.
Mailing address: 2-300 Churchill Ave. North, Ottawa, Ontario K1Z5B6
Information That We Collect
We process your personal information to meet our legal, statutory and contractual obligations, to provide you with our products and services and, where applicable, to administer competitions that we operate on behalf of our clients. We will never collect any unnecessary personal data from you and do not process your information in any way, other than already specified in this notice.
The personal data that we collect is:
- Name
- Personal Email
- Business Email
- Home Telephone Number
- Work Telephone Number
- Mobile Telephone Number
We collect information in the below ways:
- Business information available on your public website, blog, or social media channel
- Contact information provided by you via
- email communication
- voice communication
- social media communication
How We Use Your Personal Data
We take your privacy very seriously and will never disclose, share or sell your data without your consent unless required to do so by law. We only retain your data for as long as is necessary and for the purposes specified in this notice. Where you have consented to us providing you with promotional offers and marketing, you are free to withdraw consent at any time. The purposes and reasons for processing your personal data are detailed below:
We collect and store your personal data to contact you in relation to marketing, product sampling and promotional activity you have shown interest in. To Provide our products and services you have requested or purchased from us, and to resolve problems and disputes.
Sharing and Disclosing Your Personal Information
We do not share or disclose any of your personal information without your consent, other than for the purposes specified in this notice or where there is a legal requirement. We provide services and business functions to third parties who will only process your data in accordance with instructions from us and comply fully with this privacy notice, the data protection laws and any other appropriate confidentiality and security measures.
Legally Required Releases of Information
We may be legally required to disclose your personal information if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce my Legal Terms; (d) necessary to protect me from legal action or claims from third parties, including you and/or other users or members; or (e) necessary to protect the legal rights, personal/real property, or personal safety of my company, users, employees, and affiliates.
Disclosures to Successors
If the Company is sold or merges in whole or in part with another business that would become responsible for providing the website to you, we retain the right to transfer your personal information to the new business. The new business would retain the right to use your personal information according to the terms of this privacy notice as well as to any changes to this privacy notice as instituted by the new business.
We also retain the right to transfer your personal information if my company files for bankruptcy and some or all of my assets are sold to another individual or business.
Safeguarding Measures
We take your privacy seriously and we take every reasonable measure and precaution to protect and secure your personal data.
Consequences of Not Providing Your Data
You are not obligated to provide your personal information to us, however, as this information is required for us to contact you for the purposes outlined above, we will not be able to offer some/all of our products or services without it and, where applicable, we will not be able to accept and consider your entry into the competition.
How Long We Keep Your Data
We only ever retain personal information for as long as is necessary for legal, business, or tax purposes. Your information may be retained in electronic form, paper form, or a combination of both. When your information is no longer needed, I will destroy, delete, or erase it.
Your Rights
You have the right to access any personal information that we process about you and to request information about:
- What personal data do we hold about you
- The purposes of the processing
- The categories of personal data concerned
- The recipients to whom the personal data has/will be disclosed
- How long do we intend to store your personal data for
- If we did not collect the data directly from you, information about the source
If you believe that we hold any incomplete or inaccurate data about you, you have the right to ask us to correct and/or complete the information and we will strive to update/correct it as quickly as possible; unless there is a valid reason for not doing so, at which point you will be notified.
You also have the right to request the erasure of your personal data or to restrict processing in accordance with data protection laws, as well as to object to any direct marketing from us and to be informed about any automated decision-making that we use.
If we receive a request from you to exercise any of the above rights, we may ask you to verify your identity before acting on the relevant request; this is to ensure that your data is protected and kept secure.
Lodging A Complaint
We only process your personal information in compliance with this privacy notice and in accordance with the relevant data protection laws. If, however you wish to raise a complaint regarding the processing of your personal data or are unsatisfied with how we have handled your information, you have the right to lodge a complaint with the supervisory authority.
Terms & Conditions
ATTENTION: This legal notice applies to the entire contents of this website under the domain name uppedgame.com (Website) and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Website. This notice is issued by Douglas McCaffrey (Company).
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INTRODUCTION
1.1 You may access most areas of this Website without registering your details with us.
1.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.3 The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
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LICENCE
2.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) the Company’s copyright and trademark notices and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
2.3 Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
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SERVICE ACCESS
3.1 While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company shall not be liable if for any reason this Website is unavailable at any time or for any period.
3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
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VISITOR MATERIAL AND CONDUCT
4.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
4.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website (including, without limitation, by hacking).
4.4 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 or paragraph 4.3.
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LINKS TO AND FROM OTHER WEBSITES
5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third-party websites and does not control and is not responsible for these websites or their content or availability. The Company, therefore, does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk.
5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the website;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that the Company is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with the Company nor present any other false information about the Company;
(e) you do not otherwise use any trademarks displayed on this Website without express written permission from the Company;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.3 The Company expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate.
5.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 5.2.
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DISCLAIMER
6.1 While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.
6.2 The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
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LIABILITY
7.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
7.2 While we take all reasonable attempts to exclude viruses from this website, we cannot ensure such attempts will be successful and we do not accept any liability for such viruses. You are recommended to take all appropriate safeguards before downloading information from this website.
7.3 Nothing in this legal notice shall exclude or limit the Company’s liability for:
(a) death or personal injury caused by negligence; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
7.4 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
7.5 You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses arising from or related to your breach of any of these terms.
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GOVERNING LAW AND JURISDICTION
This Site (excluding links to External Sites) is controlled by Douglas McCaffrey from his office in Ottawa, Ontario, Canada, notwithstanding the physical location of the servers on which the content resides. By accessing this Site, you and Douglas McCaffrey agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the Province of Ontario and the federal laws of Canada applicable therein. You and Douglas McCaffrey expressly disclaim all applicable choice of law or conflict of law rules and expressly exclude the United Nations Convention on Contracts for the International Sale of Goods. You and Douglas McCaffrey also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts in Ottawa, Ontario with respect to such matters.
Cookies
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. For the same reason, we may obtain information about your general internet usage by using a cookie file that is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:
– To estimate our audience size and usage pattern.
– To store information about your preferences, and so allow us to customise our site according to your individual interests.
– To speed up your searches.
– To recognise you when you return to our site.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.
Strictly Necessary Cookies
These cookies are necessary for proper functioning of the website, such as displaying content, logging in, validating your session, responding to your request for services, and other functions. Most web browsers can be set to disable the use of cookies. However, if you disable these cookies, you may not be able to access features on our website correctly or at all.
Performance Cookies
These cookies collect information about the use of the website, such as pages visited, traffic sources, users’ interests, content management, and other website measurements.
Functional Cookies
These cookies enable the website to remember a user’s choices – such as their language, user name, and other personal choices – while using the website. They can also be used to deliver services, such as letting a user make a blog post, listen to audio, or watch videos on the website.
Media Cookies
These cookies can be used to improve a website’s performance and provide special features and content. They can be placed by third parties who provide services to me or by our company.
Advertising or Targeting Cookies
These cookies are usually placed and used by advertising companies to develop a profile of your browsing interests and serve advertisements on other websites that are related to your interests. You will see less advertising if you disable these cookies.
Session Cookies
These cookies allow websites to link the actions of a user during a browser session. They may be used for a variety of purposes, such as remembering what a user has put in their shopping cart as they browse a website. Session cookies also permit users to be recognized as they navigate a website so that any item or page changes they make are remembered from page to page. Session cookies expire after a browser session; thus, they are not stored long term.
Persistent Cookies
These cookies are stored on a user’s device in between browser sessions, which allows the user’s preferences or actions across a site (or, in some cases, across different sites) to be remembered. Persistent cookies may be used for a variety of purposes, including remembering users’ choices and preferences when using a website or to target advertising to them.
We may also use cookies for:
- Identifying the areas of our website that you have visited
- Personalizing content that you see on our website
- our website analytics
- Remarketing our products or services to you
- Remembering your preferences, settings, and login details
- Targeted advertising and serving ads relevant to your interests
- Allowing you to share content with social networks
Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access features on our website correctly or at all.
Web Beacons
We may also use a technology called web beacons to collect general information about your use of our website and your use of special promotions or newsletters. The information we collect by web beacons allows me to statistically monitor the number of people who open our emails. Web beacons also help me to understand the behavior of our customers, members, and visitors.
Google Ad and Content Network Privacy notice
Third-party vendors, including Google, use cookies to serve ads based on a user’s past visits to our website. Google’s use of the DoubleClick cookie enables it and its partners to serve ads to our users based on their visits to our site and/or other sites on the Internet. Users may opt out of the use of the DoubleClick cookie for interest-based advertising by visiting http://www.aboutads.info/choices/ For European users visit http://www.youronlinechoices.eu
Google Analytics Privacy notice
Our website uses Google Analytics to collect information about the use of our website. Google Analytics collects information from users such as age, gender, interests, demographics, how often they visit our website, what pages they visit, and what other websites they have used before coming to our website. We use the information we get from Google Analytics to analyze traffic, remarket our products and services to users, improve our marketing, advertising, and to improve our website. We have enabled Google Analytics advertising features such as remarketing with Google Analytics, Google Display Network Impression Reporting, and Google Analytics Demographics and Interest Reporting. Google Analytics collects only the IP address assigned to you on the date you visit our website, not your name or other identifying information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our website, the cookie cannot be used by anyone but Google. Google also uses specific identifiers to help collect information about the use of our website. For more information on how Google collects and processes your data, visit https://www.google.com/policies/privacy/partners/
You can prevent Google Analytics from using your information by opting out at this link: https://tools.google.com/dlpage/gaoptout
Google Remarketing
Why am I seeing ads by Google for products I’ve viewed?
Our website uses a remarketing advertising service. Our remarketing service is provided by Google and other companies that show our ads on websites across the Internet. With remarketing you may see ads for our products you have previously looked at. As an example, suppose you visit a website that sells computers, but you do not buy a computer on your first visit to that website. The website’s owner might like to encourage you to revisit his/her site and buy a computer by showing you his/her ads again on other websites that you visit. We use remarketing for similar purposes. For this to happen, Google will read a cookie that is already in your browser, or they place a cookie in your browser when you visit our site or other sites using remarketing.
You can opt out of Google’s use of cookies and remarketing at this link: https://support.google.com/ads/answer/2662922?hl=en or you can opt out using the Network Advertising Initiative opt out page at: http://optout.networkadvertising.org/#!/
Facebook Remarketing
Third parties, including Facebook, may use cookies, web beacons, and other storage technologies to collect or receive information from our website and elsewhere on the internet, and use that information to provide measurement services and target ads. With Facebook remarketing you may see our ads on Facebook after you have visited our site. For this to happen, Facebook uses a Custom Audience Pixel that is activated when a visitor lands on a webpage and a unique “cookie” is placed in their browser. Facebook lookalike audience targeting allows me to show ads on Facebook to people who are similar to those who have already visited or made a purchase from our website. To opt out of Facebook’s collection and use of information for ad targeting visit: https://www.facebook.com/help/568137493302217