Safety, Privacy and Confidentiality Policy for Komutel Inc.

Introduction

The right to privacy is of the greatest importance at Komutel Inc. and we care about any question related to the confidentiality of the personal information provided to us. Our safety, privacy and confidentiality policy aims to inform you about our practices regarding your personal information.

Thanks for using our products and services. The services are provided by Komtel Inc, located at 1275, boulevard Dionne, Saint-Georges, QC G5Y 0R4.

By using our services, you are agreeing to these terms. Please read these Terms and Conditions carefully before using the application operated by Komutel Inc.

Our services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant services, and those additional terms become part of your agreement with us if you use those services.

Using our services

You must follow any policies made available to you within the services. Don’t misuse our services. For example, don’t interfere with our services or try to access them using a method other than the interface and the instructions that we provide. You may use our services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our services to you if you o not comply with our terms or policies or if we are investigating suspected misconduct.

Using our sercices does not give you ownership of any intellectual property rights in our services or the content you access. You may not use content from our services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our services. Don’t remove, obscure or alter any legal notices displayed in or along with our services.

In connection with your use of the services, we may send you services announcements, administrative messages and other information. You may opt out of some of those communications.

Personal Information

Any information about an individual that identifies him or her, such as financial, lifestyle or health information, but not their name, title or business address, telephone or email.

Personal information has to be protected regardless of its characteristics or its form, whether written, graphic, audio, visual, computerized or any other form.

Purpose of Information Collection

Nous recueillons des renseignements vous concernant afin de vous fournir des services de haute qualité. La nature et la sensibilité des renseignements que nous recueillons à votre sujet varient en fonction des services que nous vous fournissons. Les fins pour lesquelles nous recueillons vos renseignements personnels sont déterminées avant la collecte ou au moment de celle-ci.

Collecting information about you is necessary in order for us to provide you with high quality services. The nature and sensitivity of the information we collect about you varies according to the services we provide you.

The purposes for which we collect personal information about you are identified at or before the time of collection.

Consent

When we collect personal information from you, we obtain your consent to use the information for the purposes collected. We will obtain your consent for any additional use or collection, or if the purpose of using the information is changed.

We generally seek your express written consent in order to collect, use or disclose personal information. Where appropriate, for less sensitive information, we may accept your verbal consent. Occasionally, we may imply consent where we can infer consent from your action or inaction.

You may withdraw your consent at any time, subject to legal or contractual restrictions. We will inform you of the consequences of such withdrawal, including the possibility that we may not be able to provide a product or process a request. If you choose not to consent, we will record the decision in our file.

In limited circumstances, we have the right (or obligation) to collect, use or disclose personal information without your knowledge and consent. This occurs when legal, medical, or security reasons may make it impossible or impractical to seek consent. When information is being collected for the investigation of a potential breach of contract, the prevention or detection of fraud, or for law enforcement purposes, seeking consent might defeat the purpose of the information collection.

Similarly, seeking consent may be impossible or inappropriate when you are a minor, seriously ill or otherwise incapacitated.

Limits to Collection, Use and Disclosure

We limit the collection of your personal information to what we need in relation to the purposes identified to you.

We collect the information directly from you unless you allow us to collect information from a third party or in accordance with the law.

We limit the use of your personal information to the purposes we have identified to you. This means that we cannot use or share your personal information for other purposes or to anyone without your consent, except as required by law.

Your personal information is only accessible to certain authorized persons, and only to the extent necessary to perform their duties, whom have committed in writing to comply to the present policy including the Code of ethics of the CWTA/ACTF of September, 1st, 2004.

You have the right to know, on request, to whom the information was disclosed. Only in rare instances are we prevented by law from making such disclosure. We maintain accurate records, recording to whom we disclose personal information and in what circumstances it was disclosed.

We will occasionally share your personal information with service providers or agents to ensure the proper administration of products, or to provide you with the services you require. These service providers or agents must agree to comply with privacy legislation before receiving any personal information.

In certain circumstances, we may use service providers outside Canada. We are responsible for the service provider’s compliance with our Privacy Policy and will ensure that the level of protection of personal information is comparable to that provided by us. Any questions concerning the collection, transfer or use of personal information outside Canada can be forwarded to the Privacy Officer at the address provided below.

Privacy Statement

We are committed to protecting your privacy. Komutel Inc’s privacy policies explain how we treat your personal data and protect your privacy when you use our services. By using our services, you agree that Komutel Inc can use such data in accordance with our privacy policies.

Only authorized employees within the company who, in the course of their duties, can access and use information collected from individual customers.

We are constantly reviewing our systems and data to ensure the best possible service to our customers. Government authorities have created specific offences for unauthorized actions against computer systems and data. We will investigate such actions with a view to bringing legal action and/or civil action for damages against those responsible.

Purchases

If you wish to purchase any product or service made available through the service, you may be asked to supply certain information relevant to you purchase including, without limitation, you credit card information.

Subscriptions

Some parts of the service are billed on the basis of minimum 12 month subscription. You will be billed in advance on a monthly basis.

Disclaimer

Liability for our services

To the extent permitted by law, the total liability of Komutel and its suppliers and distributors, for any claims under theses terms, including for any implied warranties, is limited to the amount you paid us to use the services.

In all cases, Komutel Inc and its suppliers and distributors will not be liable for any loss or damage that not reasonably foreseeable.

Business uses of our services

If you are using our services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Komutel Inc and its affialiates, officers, agents and employees from any claim, suit or action arising from or related to the use of the services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Cancellation policy

A minimum of 30 days’ notice of cancellation is required. Such notice may be given by email and or fax and will be accepted subject to written confirmation.

Modifying and Terminating our services

We are constantly changing and improving our services. We may add or remove functionalities of features.

Refunds Policy

No refund will be offered when a service is deemed to have commenced and is, for all intentes and purposes, in progress. Any amount paid to us that constitutes payment for the provision of unused services will be refunded.

Cookies

Like most interactive websites, Komutel’s website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.

Copyright

Copyright and other relevant intellectual property rights exist on all text relating to Komutel’s services and the full contente of this website. Komutel’s logo is a registered trademark. The brand names and specific services of Komutel featured on this web site are trade marked.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonnable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either party to insist upon strict performance of any provision of this or any Agreement or the failure of either party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both parties.

About these Terms

We reserve the right to modify these terms or any additional terms that apply to a service to, for example, reflect changes to the law or changes to our services. You should look at the terms regularly.

We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable service. Changes will not apply retroactively and will become effective when published. Changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a service, you should discontinue your use of that service.

If there is a conflict between these terms and the additional terms, the additional terms will control that conflict.

Retention

We only retain your personal information for as long as needed for the purpose it was collected. We must destroy this information in accordance with the law. When we destroy your personal information, we make sure that confidentiality is secured and that no unauthorized person can access the information during the destruction process.

Client List

We do not sell client lists to third parties.

Accountability

We are responsible for your personal information in our possession or control, including information that may be transferred by us to third parties for processing. We require such third parties to keep personal information under strict standards of privacy and protection.

We adhere to legislated and self-imposed rules, aimed to safeguard your privacy. The rules are established by this Privacy Policy.

Our staff is trained on these processes and procedures and is provided with information about privacy laws, safety and confidentiality of personal information.

Safeguards

We have implemented and continue to implement rigorous safeguards so that your personal information remains strictly confidential and is protected against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification.

Protection methods include organizational measures such as requiring security clearances (at the time of the hiring by VuduMobile) and limiting access to a “need-to-know” basis, physical measures (e.g. secured access to the buildings of VuduMobile, off-site Cloud backups and archiving with a security provider on site), and technological measures such as the use of password and encryption (e.g. the use of routinely changing passwords, firewalls and segmented operator access).

Request for Access to Information and Amendments

You have the right to be informed whether we hold personal information about you and to see that information. You also have the right to enquire as to how we collected your information, how we used it and to whom it may have been disclosed.

This information will be provided to you within a reasonable time from the date we receive your written request. We may charge a reasonable fee for processing your request.

In certain limited and specific circumstances, we may refuse to provide to you the requested information. Exceptions to your access right can include information that is prohibitively costly to provide, information that contains references to other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons, information that has been obtained in the course of an investigation of a potential breach of contract or fraud, and information that is subject to solicitor-client or litigation privilege.

You may challenge the accuracy and completeness of your personal information. We will respond to an amendment request within a reasonable time.

Officer in charge of the protection of personal information VuduMobile at info@vudumobile.com

Complaints and Concerns

Our employees and representatives are trained to respond to your questions or concerns about personal information. Should you be unsatisfied with our employee’s or representative’s response, you may contact the Privacy Officer at the address mentioned above.

Complaints concerning the protection of personal information should be addressed to the Privacy Officer at the address provided above.