Welcome to energyvisionary.com(the “Site”), a website provided by Vigor Innovations LTD., DBA Vigor Innovations LTD (“Vigor Innovations LTD”). Vigor Innovations LTD respects your privacy, and this policy covers Vigor Innovations LTD’s handling, use, and disclosure of information collected from you through the Site or other sources in the ordinary course of Vigor Innovations LTD’s business.
You should review this policy carefully, and be sure you understand it, prior to using the Site or otherwise providing any information to Vigor Innovations LTD. Your use of the Site, providing any information to Vigor Innovations LTD, or any other indication of your assent is deemed to be acceptance by you of this policy. If you do not agree to this policy, you should not use, and should immediately terminate your use, of the Site and not otherwise provide any information to Vigor Innovations LTD. For purposes of this Section, accessing the Site only to review this policy is not deemed to be use of the Site.
2. Privacy Shield
Some information collected by Vigor Innovations LTD may relate to residents of the European Union or Switzerland. The European Union and Switzerland have adopted requirements for the protection of certain information, and in order to satisfy such requirements, Vigor Innovations LTD has completed self-certification under the privacy shield, and to that end has (a) agreed to comply with (i) the E.U.-U.S. Privacy Shield Framework Principles, including the Supplemental Principles, designed by the U.S. Department of Commerce and the European Commission and (ii) the Swiss-U.S. Privacy Shield Framework Principles, including the Supplemental Principles, designed by the U.S. Department of Commerce and Swiss Administration and (b) elected to apply for self-certification under the E.U.-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework administered by the U.S. Department of Commerce (the “Privacy Shield”). In particular, Vigor Innovations LTD has agreed, with respect to all Shield Information (as defined in Section 3), to adhere to the Privacy Shield’s principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access and recourse, enforcement and liability. For purposes of enforcing compliance with the Privacy Shield, Vigor Innovations LTD understands that it will be subject to the investigatory and enforcement authority of the U.S. Federal Trade Commission, which can impose sanctions consisting of administrative orders and civil penalties. Vigor Innovations LTD is listed at https://www.privacyshield.gov/list as having certified to its compliance with the Privacy Shield. For more information regarding the Privacy Shield, please see the U.S. Department of Commerce’s website at http://privacyshield.gov.
In this policy:
(a) “Analytical Information” means all Non-Personal Information obtained through the use of tools such as, for example, cookies (or other similar code) and server log files (including, but not limited to, (i) a computer’s access date and time, browser, connection speed, Internet protocol address, Internet service provider, language, location, manufacturer, visit details, and operating system, and (ii) whether or not you opened e-mail messages and other electronic communications from Vigor Innovations LTD, and if you did, the times they were opened).
(b) “Collected Information” means all Personal Information and Non-Personal Information.
(c) “Non-Personal Information” means all information collected by Vigor Innovations LTD, whether electronically or manually, through (i) the Site, (ii) e-mail messages and other electronic communications that you may send to Vigor Innovations LTD, and (iii) other sources in the ordinary course of Vigor Innovations LTD’s business, that is not Personal Information.
(d) “Personal Information” means all information collected by Vigor Innovations LTD, whether electronically or manually, through (i) the Site, (ii) e-mail messages and other electronic communications that you may send to Vigor Innovations LTD, (iii) information related to goods purchased from Vigor Innovations LTD, including but not limited to, customer preferences; and (iv) other sources in the ordinary course of Vigor Innovations LTD’s business, that relates to an individual and that identifies, or can be used in conjunction with other readily-accessible information to identify, such individual (including, but not limited to, name, physical address, e-mail address, phone number, and credit card number).
(e) “Sensitive Information” means all Shield Information of an individual that specifies (i) health data, (ii) racial or ethnic origin, (iii) political opinions, (iv) religious or philosophical beliefs, (v) union membership, (vi) genetic data, (vii) biometric data or (viii) the sex life or sexual orientation of such individual.
(f) “Shield Information” means all Personal Information collected by Vigor Innovations LTD, whether electronically or manually, through (i) the Site, (ii) e-mail messages and other electronic communications that you may send to Vigor Innovations LTD, and (iii) other sources in the ordinary course of Vigor Innovations LTD’s business that relates to individuals in the European Union or Switzerland and that is otherwise covered by the Privacy Shield.
4. Collected Information
No Collected Information is obtained from you, unless it is voluntarily provided, except for any Collected Information obtained automatically through the Site as set forth in this policy. Regardless of the method used to obtain Collected Information, Vigor Innovations LTD will retain such Collected Information in its primary and backup files only to an extent that is relevant to with the purposes for which it is provided by you, and except for Shield Information, for Vigor Innovations LTD’s other legitimate business purposes (including, but not limited to marketing). You are responsible for obtaining any approvals, authorizations, consents, permissions, and permits that are required in connection with your providing Vigor Innovations LTD with any information (including, but not limited to, any information relating to a third party).
You may refuse to provide any information to Vigor Innovations LTD at any time by terminating your use of the Site, or in all other cases not involving use of the Site, by notifying Vigor Innovations LTD as set forth in Section 25. If you refuse to provide any information when requested to do so by Vigor Innovations LTD or the Site, you may not be able to access, or otherwise enjoy the benefits of, certain products and services from Vigor Innovations LTD or features of the Site.
6. Electronic Communications
Whether or not you have previously sent Vigor Innovations LTD an e-mail message, you consent to Vigor Innovations LTD’s sending you e-mail messages and other electronic communications (a) in connection with your use of the Site, (b) in the ordinary course of business, or (c) for any other legitimate business purpose (including, but not limited to, marketing). Since Vigor Innovations LTD endeavors to send e-mail messages and other electronic communications only to individuals desiring to receive them, you can unsubscribe to such e-mail messages or other electronic communications at any time by contacting Vigor Innovations LTD as set forth in Section 25or by following the directions contained in such e-mail messages or other electronic communications.
7. Analytical Information
When you access the Site, Vigor Innovations LTD will collect Analytical Information. Your browser may provide you with the ability to not accept cookies, as well as the ability to delete already-existing cookies. If you refuse, or delete previously-existing cookies, you may not be able to enjoy some features of the Site. Analytical Information will only be used by Vigor Innovations LTD: (a) to record your use of the Site; (b) to diagnose problems with the Site; (c) to improve the Site and make the Site more useful to you and other users; and (d) for other legitimate business purposes of Vigor Innovations LTD (including, but not limited to, marketing). Vigor Innovations LTD will collect Analytical Information either directly or through third parties acting on its behalf.
8. Sensitive Information
Any provision of this policy to the contrary notwithstanding, if Vigor Innovations LTD collects any Sensitive Information from you, your explicit consent (i.e.,among other things, you must “opt in”) will be obtained before such Sensitive Information is (a) disclosed to a third party or (b) used for a purpose other than the purposes for which such Sensitive Information was originally collected or subsequently authorized by you through the exercise of an “opt-in” choice. Vigor Innovations LTD will also treat as Sensitive Information any Personal Information of an individual received by Vigor Innovations LTD from a third party if the third party identifies it in writing to Vigor Innovations LTD, and treats it, as sensitive.
All electronic Personal Information is controlled or processed by Vigor Innovations LTD on servers located at Vigor Innovations LTD’s place of business in Alberta, and on other servers located at an off-site data center located in Alberta, Canada. Vigor Innovations LTD may transfer Collected Information to a third-party sub-controller or processor only pursuant to Section 11.
Vigor Innovations LTD will protect Personal Information from loss, misuse, and unauthorized access, alteration, destruction and disclosure as required by all laws applicable to Vigor Innovations LTD; provided, however, that, except as provided in the immediately following sentence, Vigor Innovations LTD will, at a minimum, use commercially reasonable administrative and technical efforts to protect Personal Information from loss, misuse and unauthorized access, alteration, destruction and disclosure. Certain Personal Information posted by you on the Site may be accessible to the general public, and Vigor Innovations LTD is not responsible for protecting such Personal Information from loss or unauthorized access, alteration, destruction, disclosure or use. For example, if you participate in a public forum on the Site, any information disclosed by you when doing so may be available to the general public. Since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that Collected Information could be lost, misused, or accessed, altered, destroyed, or disclosed without authorization, even if Vigor Innovations LTD uses such reasonable efforts. In providing information to Vigor Innovations LTD, you must assume the risk that Collected Information could be lost, misused, or accessed, altered, destroyed, or disclosed without authorization.
11. Use and Transfer of Collected Information
All Collected Information may be used by Vigor Innovations LTD for any legitimate business purpose (including, but not limited to, marketing), except that, in the case of Shield Information and only to the extent required by the Privacy Shield, such purpose (a) is relevant to the purpose for which Shield Information has been provided by you or (b) has been subsequently authorized by you. If Vigor Innovations LTD expressly states in this policy or in another writing that any Collected Information will only be used for a specific purpose, Vigor Innovations LTD will only use such Collected Information for such purpose, unless you subsequently consent to its being used for another purpose.
Any Collected Information obtained by Vigor Innovations LTD, whether or not for a specific purpose, may be transferred to third parties designated by Vigor Innovations LTD (including, but not limited to, any affiliates, distributors, sub-contractors or vendors of Vigor Innovations LTD) for any purposes for which Vigor Innovations LTD could use such Collected Information, except that, in the case of Shield Information and only to the extent required by the Privacy Shield, (a) Vigor Innovations LTD will notify you of such transfer, (b) such third party’s right to use Shield Information is limited to such purposes, (c) such third party is obligated to provide at least the same level of privacy protection as is required by the Privacy Shield, (d) Vigor Innovations LTD takes commercially reasonable steps to ensure that such third party effectively processes Shield Information in a manner consistent with Vigor Innovations LTD’s obligations under the Privacy Shield, (e) such third party is required to notify Vigor Innovations LTD if such third party makes a determination that it can no longer meet its obligation to provide the same level of privacy protection as required under the Privacy Shield, (f) upon such notice, Vigor Innovations LTD must take commercially reasonable steps to stop and remediate unauthorized processing of Shield Information, and (g) upon the request of the U.S. Department of Commerce (or its designee), Vigor Innovations LTD must provide a summary or representative copy of the relevant privacy provisions of its agreements with such third party. In cases of onward transfers to third parties of Shield Information, Vigor Innovations LTD is potentially liable for the failure of such third party to comply with the Privacy Shield.
Vigor Innovations LTD may also at any time, in its sole discretion, disclose and use any Collected Information (including, but not limited to, a computer’s Internet protocol addresses), whether or not you furnished such Collected Information for a specific purpose, to: (a) comply with, or as permitted by, any applicable law or lawful request of a government or public authority for purposes of satisfying, among others, national security and law enforcement requirements; (b) cooperate with law enforcement, and other third parties, in investigating a claim of fraud, illegal activity or infringement of intellectual property rights; (c) protect the rights, property or legitimate business interests of Vigor Innovations LTD or a third party; or (d) transfer such Collected Information to a third party acquiring all, or substantially all, of Vigor Innovations LTD’s assets. If Collected Information is so transferred, Vigor Innovations LTD will have no responsibility for any action of the third party to whom or which such Collected Information is transferred.
Vigor Innovations LTD will delete Shield Information from its servers (and servers of third parties acting on behalf of Vigor Innovations LTD) when it is no longer required for the purposes for which it was collected and processed, unless Vigor Innovations LTD has another lawful basis to continue holding it.
13. Third-Party Sites
Vigor Innovations LTD does not warrant or represent that any Collected Information will be accurate or error-free. However, upon your request, Vigor Innovations LTD will grant you access to your Personal Information in the possession, or under the control, of Vigor Innovations LTD solely for the purpose of correcting or deleting such Personal Information that is inaccurate or has been processed in violation of this policy, except when the burden or expense of providing such access would be disproportionate to the risks to your privacy or where the rights of a third party would be violated. If you desire access to any Shield Information for such purpose, you must contact Vigor Innovations LTD in writing as set forth in Section 25.
15. Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of the Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact Vigor Innovations LTD as set forth in Section 25.
The Site is not intended for children under 13 years of age. However, if a parent or guardian of a child who is under 13 years of age discovers that Personal Information of such a child has been submitted to Vigor Innovations LTD through the Site without the parent’s or guardian’s consent, Vigor Innovations LTD will use commercially reasonable efforts to remove such information from the Site and Vigor Innovations LTD’s servers at the parent’s or guardian’s request. To request the removal of such Personal Information, the parent or guardian must contact Vigor Innovations LTD as set forth in Section 25, and provide all information requested by Vigor Innovations LTD to assist it in identifying the Personal Information to be removed.
In disposing any Personal Information, Vigor Innovations LTD will use commercially reasonable measures to protect such Personal Information from unauthorized access, alteration, disclosure, or use in the future.
18. Applicable Law
This policy shall be governed by, and construed and interpreted in accordance with, (a) the laws of the Law of Alberta, without regard to its principles of conflict of laws, and in the case of Shield Information, and only to the extent required by the Privacy Shield, (b) the Privacy Shield. If there is any conflict or inconsistency between any provision of this policy and any provision of any applicable law or the Privacy Shield, the latter shall control.
Except as provided in Section 18, any complaint by you regarding any Collected Information, or otherwise relating to this policy, whether or not covered by the Privacy Shield, must first be submitted to Vigor Innovations LTD as set forth in Section 25, and Vigor Innovations LTD must be given a reasonable opportunity of not less than 30 days to investigate and respond to your complaint. Upon Vigor Innovations LTD’s completing such investigation and so responding, Vigor Innovations LTD and you must then attempt, in good faith, to promptly resolve any remaining aspects of your complaint. If any aspect of your complaint remains unresolved after an additional reasonable period of time of not less than 30 days, (a) you may commence litigation against Vigor Innovations LTD in connection with the unresolved portion of your complaint only in a court located in Calgary, Alberta, and having subject matter jurisdiction over your complaint, and (b) you consent to any such court’s being, and waive any objection (including, but not limited to, any such objection based on inconvenience) to such court’s not being, a proper venue for your complaint.
20. Independent Recourse Mechanism
You may, under certain conditions, invoke binding arbitration for a complaint. If you have a complaint that relates to Shield Information, Vigor Innovations LTD offers an independent recourse mechanism to resolve your complaint that you may use in lieu of the process described in Section 17. The independent recourse mechanism offered by Vigor Innovations LTD is more fully described at http://privacyshield.gov. In order to access the independent recourse mechanism, you must file a complaint with the International Centre for Dispute Resolution of the American Arbitration Association (“ICDR”), and after receiving your complaint, ICDR will resolve the dispute between you and Vigor Innovations LTD by following the ICDR Dispute Resolution Procedures located at http://go.adr.org/privacyshield.html. All fees of ICDR in connection with your use of its independent recourse mechanism described in this Section will be paid by Vigor Innovations LTD.
If all other options available to you for resolving a complaint are unsuccessful, and upon satisfaction of certain other conditions, you can lodge your complaint with the Privacy Shield Panel, which is an “arbitration mechanism” of three neutral arbitrators. Any decision of the Privacy Shield Panel is binding and enforceable in courts of the Canada.
With respect to human resources data that is Shield Information and that is used by Vigor Innovations LTD in the context of the employment relationship, Vigor Innovations LTD will, as applicable, (a) cooperate with, and comply with the advice given by, the E.U. data protection authorities, and (b) cooperate with, and comply with the advice given by, the Swiss Federal Data Protection and Information Commissioner.
21. Entire Agreement
Except as set forth in this Section, this policy contains the entire agreement, and supersedes all prior oral and written agreements, proposals and understandings, between you and Vigor Innovations LTD, with respect to Collected Information. If you use the Site or otherwise have business dealings with Vigor Innovations LTD, such use or dealings will be subject to this policy, plus any other written agreement between the parties that is applicable thereto. To the extent there is any conflict or inconsistency between any provision of this policy and any provision of such other agreement, the former shall control.
Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.
Vigor Innovations LTD may revise any provision of this policy from time to time by posting the revised provision on the Site so long as such revision does not conflict with any applicable law or the Privacy Shield. Any such revision will take effect immediately upon such posting, and will apply to all Collected Information obtained by Vigor Innovations LTD after such posting. It is your responsibility to periodically check this policy on the Site for revisions to this policy. The latest version of this policy will always be the one posted on the Site.
Except as provided in this policy or in the Privacy Shield or other applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with your enforcing your rights under this policy.
25. Contact Information
If you have any questions or complaints, desire additional information, or need to notify Vigor Innovations LTD of anything regarding any Collected Information or otherwise relating to this policy, please promptly contact Vigor Innovations LTD at the following mailing address:
389 Cimarron Blvd
Effective Date: January 1, 2020
Aaron Vincent Chute
Founder of Energyvisionary.com
Copyright 2020 - Vigor Innovations Ltd- All Rights Reserved
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