PRIVACY POLICY – MG INVENTIONS CANADA INC.
LAST UPDATED ON JUNE 6, 2022
MG Inventions Canada Inc., a Canadian company incorporated under the laws of the province of Ontario, operates the page www.mgican.com. The page www.mgican.com serves as an introductory website, thereby presenting a wide range of innovative and patented products. The products displayed on the page www.mgican.com constitute proprietary and patented products, whose patents are exclusively owned by MG Inventions Canada Inc. The products featured on the page www.mgican.com may be available for purchase from third-party sites such as Amazon.
The present Privacy Policy shall set forth the terms upon which MG Inventions Canada Inc. operates the page www.mgican.com, rendering it available to users throughout the world. Users of the page www.mgican.com shall be required to comply with this Privacy Policy. Prior to accessing or visiting the page www.mgican.com, all users shall be encouraged to thoroughly review and acknowledge the present Privacy Policy, in its entirety.
DEFINITIONS
When used in this Privacy Policy, “MG Inventions Canada Inc.” shall refer MG Inventions Canada Inc., the Canadian company operating and managing the Page (as further defined). For reference purposes, MG Inventions Canada Inc.’s head office is located in the province of Ontario.
The term “Content” shall refer to all content, trademarks, data and other information displayed on the Page. Such Content may be in the form of videos, images, streams or other text files.
The term “Page” shall refer to the website registered under the domain name www.mgican.com and operated by MG Inventions Canada Inc.
The term “Privacy Policy” shall refer to the latest version of this Privacy Policy and shall include any and all updates, amendments, modifications and supplements made to this Privacy Policy.
The term “Products” shall refer to all patented products featured and displayed on the Page.
The term “Users” shall refer to all users of the Page. The term “User” shall refer to any one individual User of the Page.
APPLICATION OF THIS PRIVACY POLICY
The present Privacy Policy shall govern the terms upon which Users may access and visit the Page, review Content and proceed with the purchase of any one or more Products. The present Privacy Policy shall further set forth the proprietary nature of the Products and obligations regarding the non-usage of the Content.
The present Privacy Policy shall be applicable to all Users, upon their visit, access and/or usage of the Page. By visiting, accessing, or otherwise using the Page, viewing the Content, or otherwise engaging with the Page, all Users shall comply with the terms of this Privacy Policy.
ACCEPTANCE OF THIS PRIVACY POLICY
Upon accessing, visiting or otherwise using the Page, even partially, every User shall be deemed to have accepted and agreed to the terms of the present Privacy Policy, in full and without restriction. Correspondingly, the access, visiting or usage of the Page by a User shall signify and constitute the User’s acceptance of the latest version of the present Privacy Policy. If a User does not agree with the terms contained in the present Privacy Policy, the User’s sole recourse shall be to not access or use the Page.
For interpretation purposes, this Privacy Policy shall encompass any other terms or policies implemented by MG Inventions Canada Inc., each of which shall be deemed incorporated in this Privacy Policy by reference.
UPDATES AND MODIFICATIONS
This Privacy Policy may be updated, amended or modified by MG Inventions Canada Inc. at any time, without prior notice and at its sole discretion. The latest version of this Privacy shall be published and available for review on the Page. The Privacy Policy shall also indicate the date of the latest update made thereto.
Any modifications or updates to this Privacy Policy shall be binding and applicable as of the publication of the updated Privacy Policy on the Page. Any usage of the Page pursuant to the publication of the updated Privacy Policy shall be construed as the User’s agreement to be subject to the updated Privacy Policy.
APPLICABLE LEGISLATION
The present Privacy Policy has been drafted in accordance with Canadian and American privacy laws as well as the terms of the General Data Protection Regulation 2016/679, commonly abbreviated as GDPR. The GDPR, which came into effect in mid-2018, is applicable to residents of the European Union (EU) and the European Economic Area (EEA). The GDPR governs the collection, handling, storage and transfer of personal data. The GDPR was enacted to provide users with a series of rights and information regarding the usage of their personal data for control and data management purposes.
The GDPR defines personal data as: “any information relating to an identified or identifiable natural person (‘data subject’). As defined in the GDPR, personal data constitutes information or data allowing for the identification of an individual. Personal data may include an individual’s name, address and identity.
In the present Privacy Policy, the terms personal information and personal data are used interchangeably and shall refer to the same concept.
NO REQUIREMENT TO PROVIDE PERSONAL INFORMATION
Users are not required to provide personal information to visit, access or use the Page and gain access to the Content. While Users are under no obligation to provide personal information on the Page, Users shall be required to provide personal information to complete a purchase of Products on a third-party site, such as Amazon. As such, a purchasing User shall be asked to submit personal data, such as the User’s name, address and payment information to place an order for the Products.
MG Inventions Canada Inc. shall not receive, handle or otherwise process the purchasing User’s personal information. The third party handling the sale, namely Amazon, shall receive, collect and process the User’s personal data. The collection, usage and storage of the purchasing User’s personal information shall be governed by the third party’s Privacy Policy.
PROTECTION OF MINORS
The Page is intended and designed for Users who have reached the age of eighteen (18). MG Inventions Canada Inc. shall not knowingly target minors. If any User is less than eighteen (18) years old, such User shall require the permission of a parent or legal guardian to access, visit or use the Page. All usage of the Page must then be supervised by the minor User’s parent or legal guardian.
COLLECTION OF PERSONAL INFORMATION
At this time and as the Page does not allow for direct Product sales, Users do not provide personal information via or on the Page. In consideration thereof, MG Inventions Canada Inc. does not collect nor participate in the collection of personal information and data belonging to its Users.
STORAGE
As MG Inventions Canada Inc. does not access or collect personal information, MG Inventions Canada Inc. does not store any personal information or data in its servers. Nonetheless, the Page is hosted and maintained by a trusted third-party service provider.
THIRD PARTY SITES
The present Privacy Policy applies solely and exclusively to the Page, and not to any third-party sites or links. The Page may provide links or references to third party sites, websites, applications and pages, such as Amazon. The links are provided for reference and information purposes.
The Page does provide a link to purchase Products on Amazon. Please note that the purchase of Products and the submission of personal information in connection therewith shall be governed by the terms and conditions applicable to Amazon. Further, personal information and data provided on a third-party website or application shall be governed by such third party’s privacy policy. MG Inventions Canada Inc. shall not be responsible for the collection, handling and usage of personal information and data by third party sites, such as Amazon.
CONTENT AND COPYRIGHTS
The Content provided on the Page is proprietary to MG Inventions Canada Inc. and protected by intellectual property laws. The Content is provided solely for reference purposes and to provide Users with information regarding the Products to allow Users to make a decision regarding the purchase of Products. The Content may not be copied, sold, reproduced, leased, transmitted or otherwise shared without MG Inventions Canada Inc.’s explicit written permission. For the avoidance of doubt, Users are strictly prohibited from reproducing the Content, unless MG Inventions Canada Inc. has provided its explicit prior written authorization. Any usage of the Content beyond the scope permitted by this Privacy Policy is strictly prohibited.
In accordance with the Digital Millennium Copyright Act (“DMCA”), MG Inventions Canada Inc. encourages Users to immediately report any copyright infringement on the Page to MG Inventions Canada Inc.’s attention. Any reports of copyright infringements shall be handled according to the terms of the DMCA.
If a User has reason to believe that intellectual property or a trademark is published on the Page in violation of intellectual property rights, the User shall submit a written notice to MG Inventions Canada Inc. Any notice of copyright infringement must contain the following information: (i) a link to the intellectual property or trademark published on the Page that is subject to the notice; (ii) a description of the intellectual property or trademark subject to the notice; (iii) the notifying User’s name, address, and contact information; (iv) the notifying User’s tie or link to the intellectual property or trademark if the User does not own the intellectual property or trademark; and (v) a written confirmation that the User prepared the notice in good faith.
MG Inventions Canada Inc. shall review all copyright infringement notices within a reasonable delay. If the notice is founded, as determined by MG Inventions Canada Inc., the infringing content shall be deleted, restricted or removed from the Page.
INTELLECTUAL PROPERTY
All Products displayed and described on the Page have been duly patented in a number of jurisdictions, including Canada and the United States. The Products’ patents are owned exclusively by MG Inventions Canada Inc. These Products are protected by intellectual property laws. All intellectual property directly relating to the Products and the Content are MG Inventions Canada Inc.’s sole property. MG Inventions Canada Inc. is the exclusive owner of such intellectual property throughout the world, without limitations of time or space.
Trademarks, logos and intellectual property relating to the Products are also proprietary to MG Inventions Canada Inc. and have been registered as trademarks. MG Inventions Canada Inc. and all trademarks and logos relating to the Products, including all Content displayed on the Page, may not be reproduced or shared without MG Inventions Canada Inc.’s explicit prior written consent.
The Content is protected by copyright laws. Users may not use the Content, the Products’ trademarks and logos for any purpose other than for information and for purposes of review, namely to determine whether to proceed with the purchase of Products or to obtain information regarding the Products for personal use, the whole in accordance with the terms set forth in this Privacy Policy.
MG Inventions Canada Inc. grants Users of the Page a limited, non-exclusive, non-transferable, revocable and restricted license to view and use the Content, including MG Inventions Canada Inc. and its Products’ trademarks and logos, solely in connection with the purchase of Products or to evaluate a potential purchase thereof. Any other usage of MG Inventions Canada Inc.’s intellectual property is forbidden.
Users therefore have no right, title or interest in or to the Products and the Content published on the Page, except for any rights granted to a User pursuant to the lawful purchase of a Product. Users are strictly prohibited from copying, reproducing, editing, sharing, selling, leasing, editing or otherwise using the Content for business purposes, commercial gain, profit or pecuniary benefit. Users cannot use the Content for commercial or business purposes. Any unauthorized usage or copying of the Content shall result in strict sanctions being applied against the infringing User. Such sanctions may include appropriate legal recourses.
ASSIGNMENTS
MG Inventions Canada Inc. may assign the rights provided in this Privacy Policy, either in full or in part, to any third party designed by MG Inventions Canada Inc. MG Inventions Canada Inc. further reserves the right to delegate or subcontract any of its obligations under this Privacy Policy to a third-party service provider, consultant, or entity. Users, however, cannot assign any rights or obligations granted under this Privacy Policy, except with MG Inventions Canada Inc. prior specific written consent.
NO WAIVERS
If MG Inventions Canada Inc. does not insist on the performance of any obligation specified in this Privacy Policy, this shall not be interpreted as a waiver of MG Inventions Canada Inc.’s rights nor shall it relieve a User of its obligations under this Privacy Policy. Moreover, in the event that MG Inventions Canada Inc. suspends, delays or fails to exercise any of its rights under this Privacy Policy, this shall not be construed as a waiver of MG Inventions Canada Inc.’s rights.
ENTIRE AGREEMENT
The present Privacy Policy, including any term, policy and document referenced herein, shall constitute the entire agreement between MG Inventions Canada Inc. and the Users with regard to the subject matter contemplated herein. Users recognize and agree that the latest version of this Privacy Policy shall supersede all prior versions of this Privacy Policy.
SEVERABILITY
If any section, provision or term in this Privacy Policy is held to be unenforceable by applicable laws or by a court of competent jurisdiction, the section, provision or term shall be severed from this Privacy Policy. The section, provision or term may be redrafted to preserve the original intention thereof solely to the extent permitted by law. Any severed or redrafted section, provision or term in this Privacy Policy shall not affect the remaining provisions, which shall remain enforceable.
APPLICABLE LAW AND DISPUTES
This Privacy Policy, the provision of the Content and the Products, and/or any matters relating to the Page shall be governed by and subject to the laws in force in the province of Ontario (Canada), without regard to any conflict of law principles.
Any dispute, question, difference or other conflict between a User and MG Inventions Canada Inc., whether arising out of or relating to this Privacy Policy, shall be resolved by arbitration or before the competent courts located in the province of Ontario, at MG Inventions Canada Inc.’s option.
If the dispute is handled by arbitration, the arbitration proceedings shall be individual and not class arbitration. Prior to undertaking any arbitration proceeding, each party shall employ reasonable efforts to resolve the dispute amicably through good faith negotiations. Unless otherwise agreed, the language used during the arbitral proceedings shall be English. The arbitration award shall be final, and may award damages and relief.
USER REQUESTS AND INQUIRIES
MG Inventions Canada Inc. invites Users to submit questions, inquiries and requests regarding this Privacy Policy. Any such questions, inquiries and requests may be transmitted to MG Inventions Canada Inc. by way of email or via the Page, thereby allowing for the proper handling thereof. MG Inventions Canada Inc. undertakes to respond to all User inquiries and requests within a reasonable delay as of its receipt thereof, taking into consideration the nature of the request, the verifications required and available information.