Legal

I. PERSONAL INFORMATION COLLECTION AND PROTECTION POLICY, TASTET INC. (“Tastet”)

– LAST UPDATE JUNE 2020

At Tastet we aspire for you to share good times around the table. In order to achieve this, we need to get to know you and it is in this context that we may have access to some of your personal information. Your personal information is valuable, and we want to make sure that we are transparent with you about how we use it. By knowing our policy regarding the collection and use of your personal information, you will be able to make informed choices about sharing it.We will not use your personal information for any other purpose than that for which it was collected.

Please be assured that the collection, use and disclosure of your personal information will be done in accordance with the requirements of applicable privacy laws, including the standards set out in the Personal Information Protection and Electronic Documents Act.

A. GENERAL PRINCIPLES 

Tastet is committed to respecting your privacy and applying the 10 protection principles contained in the Model Code for the Protection of Personal Information contained in the Personal Information Protection and Electronic Documents Act:

  1. Designate and publicize the persons responsible at Tastet for following this policy Receive and deal with any complaints relating to the implementation of this policy and its practices 

At all times, a Tastet employee will be responsible for the application of Tastet’s policy and practices regarding the management of personal information. By sending your requests to the contact details below, we will ensure that they are sent to the designated person.

  1. Any queries or complaints regarding the implementation of this policy may be directed to the Privacy Officer at the following contact details:

Privacy Officer
Tastet Inc.
4067, boul. Saint-Laurent, #401
Montreal (Quebec) H2W 1Y7
[email protected]

  1. Determine why personal information is collected 

Tastet uses personal information for the following purposes, as appropriate:

  • To establish and maintain trusting relationships with its readers and to provide them with a quality service, tailored to their preferences;
  • To understand the needs and preferences of its readers;
  • To ensure the relevance of its products and services, recommendations, website and mobile applications by tailoring content to your personal needs;
  • Evaluate and improve its products and services, website and mobile applications;
  • Proceed with the payment, provision and delivery of products or services you may have purchased from or through Tastet including on our online shop;
  • Notify you of any facts, events, products, services or offers that may be of interest to you;
  • Satisfy the requirements of laws and regulations.

Also, if you create a profile on Tastet (subscription), Tastet may use personal information to:

  • Create your user profile;
  • Recommend addresses and tailored content to you based on your user profile and geolocation;
  • Provide you with personalised products or services from Tastet or from third parties;
  • Selecting advertisements that best match your interests, preferences and characteristics so that they can be offered to you on the various Tastet platforms and third party websites;
  • Generating statistics, using them and possibly selling them or communicating them to third parties but at all times the statistics will retain your anonymity, will not be nominative and cannot be used to identify you.

Personal information collected is used only for the purposes so identified, except as required by law or with your consent to the new use. No personal information is required and Tastet only saves the information that the user chooses to share. This may include:

  • Personal information: First name, last name, year of birth, postcode, work status, family status
  • Taste information: Alcohol, dating habits, diet type, allergies
  • Budget information: Budgets for morning, noon and night and for special occasions

If you have any questions about your data, or if you wish to delete your data, including your account, please write to us at : [email protected]

  1. Getting consent 

By using the Tastet website you are deemed to have consented to the collection, use and disclosure of your personal information in accordance with this policy. In certain circumstances, in accordance with the law, Tastet will obtain explicit consent from you. If you wish to withdraw your consent, please send us a notice to that effect to the contact information indicated above, it is possible that as a result certain services will no longer be accessible to you. You may not be able to access certain services.

  1. Limiting the collection of personal information 

Tastet collects only the personal information necessary to fulfill the purposes identified above, this information may include nominative information, such as, your name, address, email address, payment information, age, gender. You may not use this information for any purpose other than the purposes identified above.

Also, if you have set up a user profile, Tastet will have access to additional information provided by you at the time of your subscription, or later, such as, without limitation, your interests, preferences,  needs and  other personal information (year of birth, family situation, marital status, geolocation etc.) as well as any other elements that are part of your user profile including liked, saved or hidden addresses. You can also use your own personal information to create your own profile.

Finally, Tastet may also collect non-personal information, which is information that preserves anonymity and cannot be used to identify an individual, such as the type and version of browser or operating system you are using, and the website you have visited before and the one you will visit next.

  1. Limiting uses and disclosures of personal information

Tastet only uses and communicates personal information for the purposes for which it was collected or with your consent or in cases authorized by law. We do not use or disclose personal information for the purposes for which it was collected, or with your consent, or as permitted by law.

  1. Promote the accuracy of personal information when it is used or disclosed

Tastet takes reasonable steps to ensure that personal information is current and accurate at the time of use or disclosure. You are invited to contribute to this by promptly informing Tastet of any changes to be made to your profile or by immediately reporting any errors that may have occurred. You can do so by accessing your profile on the Tastet website or by contacting Tastet by e-mail or regular mail at the addresses indicated above.

  1. Protecting personal information

Tastet shall protect, by security measures appropriate to the circumstances, the personal information entrusted to it.

  1. Make information about existing practices that affect personal information readily available

Tastet makes available its privacy protection policy regarding the collection, use and communication of personal information. You can consult it on the Tastet website or obtain a copy by contacting Tastet by e-mail or regular mail at the addresses indicated above.

  1. Give access to and allow correction of your personal information

Tastet allows you to have access to personal information about you that Tastet holds about you, subject to the conditions and exceptions provided for by law. Upon request, Tastet will inform you of the existence of personal information concerning you, the use made of it and the fact that it has been communicated to third parties, if applicable, and will allow you to consult it. You will also be able to challenge the accuracy and completeness of the information and have it amended as appropriate.Please note that the information will be kept confidential.

B. COOKIES AND AUDIENCE ANALYSIS DEVICES 

Tastet may modify this privacy policy, in particular when Tastet adds services or modifies existing services. Please consult this policy regularly to check the date of the “last update” at the top of the document.

Some pages on our website require cookies (cookies) to be sent. A cookie is a file that is placed on your computer’s hard drive and contains information that improves communication between our server and your browser. Our server sets a permanent cookie on your computer when you first visit and depending on the applications you use, other permanent or temporary cookies may be used to technically manage certain choices you make. Cookies may be placed on your browser by our ad management server. Please be assured that no personal information is stored in cookies. You may refuse or disable cookies. To do so, consult the configuration options of your browser. If you do so, certain features of our website will no longer be available. Our mobile applications may use audience analysis devices, such as software, to obtain information about usage data and traffic patterns of our applications to improve their content and the quality of our service. We may also obtain information about your browsing activity or the device you are using such as your IP address, the unique identifier of your iPad, your history, whether you viewed specific content (editorial or advertising), the time you spent viewing it and your geolocation data (“Browsing Information”). Browsing Information may be shared in a de-personalised and aggregated manner with authorised third parties with whom Tastet collaborates, such as advertisers, content partners or contest organisers (the “Authorised Third Parties”). Authorised Third Parties are only informed that you are potentially part of a group targeted by a given content or advertisement. Authorized Third Parties are required to respect the confidentiality of your data by law and by agreements with Tastet.

C. PROTECTION OF PERSONAL INFORMATION BY DOUBLE CLICK FOR PUBLISHERS (“DFP”) 

Some of the advertisements displayed on our website may be placed by third party partners. While displaying ads on our website, these third party partners may place or recognize a cookie in your browser. The data collected on the cookie is used to serve ads for products and services that may be of interest to you. No personal information is collected. To learn more about this practice and how to prevent a third party partner from using this information, click on the following link: https://adssettings.google.com/authenticated

D. ADDITIONAL PROCEDURES FOR THE PROTECTION OF PERSONAL INFORMATION

Personal information protection policies specific to a Tastet service may be found on a Tastet site, at the location of that particular Tastet service, or in additional stipulations on the Tastet site. These procedures are an addendum to this policy and are presented to you where they may be most helpful.

E. CHANGES TO THIS PRIVACY POLICY

Tastet may modify this privacy policy, in particular when Tastet adds services or modifies existing services. Please consult this policy regularly to check the date of the “last update” at the top of the document.

II. TERMS OF USE

These terms of use (the ” Terms of Use “) constitute a legal agreement between you and Tastet with respect to access to and use of the Website. PLEASE READ THE TERMS OF USE CAREFULLY before browsing the Website. Please read the Terms of Use CAREFULLY before using the Web Site.

A. Acceptance

When you browse the Website or use any of its features (the ” Features “), you agree to be bound by the Terms of Use. IF YOU DO NOT WISH TO ACCEPT THE TERMS OF USE, PLEASE DISCONTINUE ALL USE OF THE WEBSITE. The Terms of Use may be modified at any time by Tastet at its sole discretion. Your use of the Website and its Functionalities, including, in particular, after the posting of any modification, shall be considered as acceptance of the revised Terms of Use. Please visit this page periodically. Please note that this page may be updated from time to time. Please visit this page periodically.

B. Termination

Tastet reserves the right to terminate the Terms of Use and your right to browse and use the Website or any portion thereof or the Features or any of them at any time, without cause and without notice, in its sole discretion.

C. Registration, Username and Passwords

Some of the Features available on the Website require registration or subscription. If you choose to register or subscribe for such a Feature, you agree to provide true and current information about yourself as required by the registration or subscription process and to promptly update such information as necessary to ensure that it remains accurate and complete. You acknowledge that you are responsible for (i) maintaining the confidentiality of any passwords you choose or are assigned as a result of your registration or subscription; (ii) all activity that occurs under your user name or password; and (iii) logging out of your account at the end of each session. In addition, you agree to notify Tastet of any unauthorized use of your username or password. In the event that you fail to comply with the obligations set forth in this Section 3, Tastet shall not be liable for any loss or damage arising therefrom.

D. Copyright

All articles, text, illustrations, images, photographs, information, audio clips, video clips, software and code available on the Website (the “Content”), including the manner in which the Content is presented, are protected by Canadian and foreign copyright laws and are owned by Tastet , its affiliates, licensors and the person credited as the provider of the Content. The Web Site is protected under copyright law as a collection and compilation within the meaning of Canadian and foreign laws. You undertake to respect all other copyright notices, information or restrictions on or in the content that you may access via the Website and/or the Features. Tastet grants you a non-exclusive, non-transferable license to use and display the Website and/or the Features on your computer or other electronic device solely for the purpose of single-user screen display and reproduction, in one copy, for backup or hard copy, personal and non-commercial use, provided that you do not modify the Content and that you retain all copyright notices.

MODIFICATION, REPRODUCTION, DISTRIBUTION, TRANSMISSION, DISSEMINATION, REPRESENTATION, REPRODUCTION, NETWORKING, MARKETING, PUBLICATION, LICENSING, PUBLIC PERFORMANCE, DOWNLOADING, CREATING DERIVATIVE WORKS, DISPLAYING ON THE INTERNET, SELLING OR ANY EXPLOITATION OF THE WEBSITE, CONTENT OR FEATURES, including, without limitation, by caching, framing or similar means, IS PROHIBITED. This is not a legal document.

All software embedded in or found on the Website and the Features, including, without limitation, any type of machine code, all of which files and/or images contained in or generated by such software is protected by copyright and may be protected by other rights. All such software is owned by Tastet, its affiliates or its licensors.

You are prohibited from: (i) use, reproduce, modify, adapt, translate, download or transmit the software in whole or in part; (ii) sell, rent, license, transfer or otherwise provide access to the software; (iii) modify, remove or cover any trademark or proprietary notices contained in the software; and/or (iv) decompile, disassemble, decrypt, extract or reverse engineer the Website or the Features and their components, including, without limitation, the software, or assist any other person to do so. Nothing in the Website or the Features shall be construed as granting you any right, title, interest or other license in any software incorporated into the Website or the Features or downloadable from the Website, including, without limitation, any intellectual property rights in the software. You may not use the Website for any purpose other than for the purpose for which it is intended.

E. Trademarks

TASTET, TASTET INC, TASTET.CA, QUEBEC.TASTET.CA are trademarks of Tastet or are used under license. Other names, words, titles, phrases, logos, drawings, graphics, icons and trademarks displayed on the Website may constitute trademarks of Tastet or of third parties. Nothing contained on the Website or in the Features should be construed as granting you any license or right to use any logo, design or trademark of Tastet or any third party. You may not use this site for any purpose other than for the purpose for which it was intended.

F. Responsibility for minors

In the event that you have allowed a minor to browse the Website or use the Features, you acknowledge that you are responsible for: i) his or her online behavior; ii) controlling his or her access to and use of the Website and/or the Features; and iii) the consequences of any misuse of the Website and/or the Features by him or her. You are responsible for the content of the Website and the Features.

The Website provides features that allow you to post and submit messages, data, text, software, music, sound, photographs, images, video and other materials and to interact with Tastet, its employees and agents, and other users.

When you post Your Content on the Website or submit Your Content to Tastet Inc, you grant Tastet Inc an unlimited, irrevocable, non-exclusive, perpetual, worldwide license: (i) to use, reproduce, store, adapt, translate, modify, create derivative works from, transmit, distribute, publicly perform or make available to the public Your Content for any purpose; and (ii) to sublicense to third parties the unlimited right to exercise any of the foregoing rights. In addition to the granting of the aforementioned license, you hereby (i) agree to waive all moral rights in Your Content in favor of Tastet; (ii) consent to the appearance of your name, address and e-mail address for Your Content, if any, and to the disclosure and/or display of such information; iii) acknowledge and agree that Tastet shall not be liable for any loss, damage or corruption of Your content; and iv) acknowledge and agree that submissions you transmit for posting on the Website or submit to Tastet shall be considered non-confidential.

You represent and warrant to Tastet that : (i) Your Content is original; (ii) Your Content does not infringe any intellectual property rights, including, without limitation, copyright; (iii) you are the sole owner of all intellectual property rights, including, without limitation, copyright, in Your Content or, if applicable, you have obtained the owner’s written permission to submit Your Content; (iv) Your Content does not contain any defamatory statements, obscenity, or violate any third party’s right to privacy or publicity. The content of the Content is not defamatory or obscene and does not violate the rights of any third party to privacy or publicity.

H. Disclaimer

The Website, FEATURES AND CONTENT ARE PROVIDED ” AS IS ” AND ” AS AVAILABLE “. YOUR BROWSING AND USE OF THE WEBSITE AND THE FEATURES IS AT YOUR OWN RISK. TASTET MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE WEBSITE, FEATURES AND CONTENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO i) THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; ii) THAT THE WEBSITE AND THE FEATURES OPERATE SAFELY AND WITHOUT INTERRUPTION OR ERROR; iii) THAT THE USE OF THE WEBSITE OR THE FEATURES WILL MEET YOUR NEEDS AND EXPECTATIONS; iv) THE ACCURACY, ACCURACY, RELIABILITY OR RELEVANCE OF THE WEBSITE, FEATURES AND CONTENT; v) THE CORRECTION OF DEFECTS OR ERRORS IN THE WEBSITE AND FEATURES; vi) THE ABSENCE OF VIRUSES OR DAMAGE IN THE WEBSITE AND FEATURES; and vii) THE SECURE OR NON-INTERCEPTIONAL TRANSMISSION OF COMMUNICATIONS THROUGH THE WEBSITE OR FEATURES. IN NO EVENT SHALL TASTET, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE, THE FEATURES OR THE CONTENT REFERRED TO THEREIN OR ANY OTHER SITE YOU MAY ACCESS THROUGH THE WEBSITE, EVEN IF THEY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TASTET, ITS AFFILIATE COMPANIES AND THEIR DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUCCESSORS AND ASSIGNS DISCLAIM ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY USERS OF THE WEBSITE AND FEATURES AND ANY ADVERTISERS OR SPONSORS OF THE WEBSITE (“THIRD PARTY USERS”); THIRD PARTY USERS  “) AND IN NO EVENT SHALL THEY BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES) OR COSTS ARISING IN ANY WAY FROM i) THE ACTS, OMISSIONS OR CONDUCT OF A THIRD PARTY USER; AND ii) THE USE OR INABILITY TO USE ANY SOFTWARE, CONTENT, GOODS OR SERVICES OF ANY SITE OR OFFERED THROUGH A SITE LINKED TO THE WEB SITE.

I. Hyperlinks to third party sites

The Website contains hyperlinks to third party sites (the ” Third Party Sites “) that take you off the Website. Tastet provides these hyperlinks for your convenience. The Third Party Sites are not under the control of Tastet and the hyperlinks may not be interpreted as an approval or endorsement of their content by Tastet. Tastet is not responsible for the content of Third Party Sites, the links they contain, or any changes or updates made to them, and Tastet offers no guarantee regarding them.

J. Hyperlinks to the Website

Tastet encourages hyperlinks to the Website. However, it does not wish to be linked to any third party site (i) that contains content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation, that is likely to damage or harm the business, credibility or integrity of Tastet, or that contains, posts or transmits any material or information that exceeds the moral and legal standards of Canadian society; or ii) which contains, displays or transmits any information, software or other material which violates or transgresses the rights of others, including material which constitutes an invasion of privacy or rights to the protection of personality, or which is protected by copyright, trademark or other property right. Tastet reserves the right to prohibit or refuse to accept a hyperlink to the Website at its sole discretion, at any time. You agree to remove any hyperlink you may have to the Website upon Tastet’s request.

K. Using the search engine

Any image, sound, sound effect, sound recording, musical work, performance, graphic, video, film production, audiovisual work or any other work (the ” Multimedia Content “) found through a search engine available on the Website are protected by copyright and other intellectual property rights. Tastet does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any file containing such Multimedia Content. When the search results link to third-party Sites, all Multimedia Content contained on these third-party Sites is the property of entities other than Tastet. If you wish to use the Multimedia Content on a Third Party Site that you have accessed through a search engine on the Website, we recommend that you contact the owner of the Multimedia Content to obtain permission to use the Multimedia Content.

You should contact the owner of the Multimedia Content to obtain permission to use the Multimedia Content.

L. Use of computer bots

You acknowledge that the use of computer bots, including but not limited to webbots is prohibited for any purpose in connection with the Website. You acknowledge that the use of computer bots, including webbots, for any purpose in connection with the Website is prohibited.

M. Cookies (” Cookies “)

Tastet informs you that one or more cookies (” cookies “) may be placed on the hard drive of the computer from which you are browsing the Website. Cookies sent from the Website are not intended to identify you. They record information about your browsing of the Website from the computer on which the cookie is stored. Under no circumstances are cookies intended to use personal information about you. You may not be able to access or use the Website without a password.

N. Monitoring

You acknowledge that Tastet has no obligation to monitor the Website or any content accessible through the Website. However, you acknowledge that Tastet has the right to monitor the Website electronically, in its sole discretion, and to disclose any information as necessary to satisfy any law, regulation or governmental request, to operate the Website properly or to protect itself or its users under the ” Privacy Policy “. You may not use this information for any purpose other than to comply with this Privacy Policy.

O. Transactions with Tastet

In the event that you order goods and services on the Website, you must provide complete and accurate personal information. Tastet, at its sole discretion, reserves the right at any time after receipt of your order to accept or decline your order.  You acknowledge that the price of goods and services may change without notice and that goods and services are subject to availability. You acknowledge that the price of goods and services may change without notice and that goods and services are subject to availability.

P. Third party transactions

In the event that, through the Website, you purchase products and/or services offered by third parties online (” Third Party Merchandise “), Tastet is not responsible for the legality, quality, accuracy, reliability or any other aspect of the Third Party Merchandise. If you make a purchase from a Third Party Site hosted by the Website or linked to the Website, the information obtained during your visit to the Third Party Site and the information you provide, such as your credit card number and contact information, is collected by the Third Party Site and not by Tastet. You release Tastet, its affiliated companies and their respective directors, employees, agents, licensors or their respective successors and assigns from any and all damages you may suffer, and agree not to assert against them any claim arising from your purchase or use of Third Party Merchandise offered on the Website or on Third Party Sites through the Website.You may not use the Website for any purpose other than for the purpose for which it is intended.

Q. Compensation

You agree to indemnify, defend and hold harmless Tastet, its affiliates and their respective directors, employees, agents, licensors or their respective successors and assigns from and against any and all claims, demands, liabilities, costs or expenses of any kind, including without limitation legal fees and disbursements, arising directly or indirectly from: (i) your breach of the Terms of Use; (ii) your browsing, use of, or inability to browse or use the Website and or the Features or any site to which the Website is or may be linked from time to time; (iii) your use of, or reliance on, publications, communications, distributions or downloads of any kind through the Website and or the Features; and/or (iv) your violation of any applicable law or regulation. You agree to cooperate with us in contesting any claim.

R. Applicable law

Your use of the Website and the Features and the Terms of Use shall be governed by the laws of the Province of Quebec and the laws of Canada, without regard to principles of conflict of laws. You hereby agree that any dispute arising out of or relating to your use of the Website or the Features or the Terms of Use shall be subject to the jurisdiction of the courts in the district of Montreal, Province of Quebec. You acknowledge that the United Nations Convention on Contracts for the International Sale of Goods does not apply. The United Nations Convention on Contracts for the International Sale of Goods does not apply. You acknowledge that the United Nations Convention on Contracts for the International Sale of Goods does not apply.

S. General

These Terms of Use and the Privacy Policy constitute the entire agreement between you and Tastet and supersede any prior agreement between you and Tastet. You may not assign or transfer the Terms of Use and the Privacy Policy or any rights or obligations under them. Tastet’s failure to exercise or request the application of any right recognised by the Terms of Use or the Policy on the protection of privacy shall not constitute a waiver of this right or provision. In the event that a court of competent jurisdiction finds any provision of the Terms of Use or Privacy Policy to be unenforceable or invalid, the remaining provisions of the Terms of Use and Privacy Policy shall remain in full force and effect. The section titles in the Terms of Use are used for presentational purposes only and have no legal or contractual effect.