CLTS SITE USAGE AND PRIVACY POLICY

(January 2011)

Please take a few minutes to review this policy. By accessing or using our sites you are consenting to the collection, use and disclosure of your personal information as set forth in this policy.

IF YOU DO NOT CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS SET FORTH IN THIS POLICY, YOU MAY NOT USE THIS SITE.

1. Use of CLTS

Use of the Canadian Livestock Tracking System (CLTS) is subject to the terms and conditions listed below. CCIA may amend the terms and conditions from time to time and it is the Users’ responsibility to ensure they are aware of and that they continue to agree with the terms and conditions. Your use of the CLTS means we will assume you have consented to the terms and conditions herein, as amended from time to time. If you do not agree with the terms and conditions set out, you should discontinue usage of the CLTS.

You understand and agree that the CLTS, CCIA services and the content are provided "as is" and that CCIA assumes no responsibility or liability in connection with your use of the CLTS, the services or the content provided herein. The CLTS, CCIA services and the content are provided for your personal, non-commercial use and for informational purposes. You may not use any of the content or services for commercial purposes unless otherwise agreed to. You may not distribute, modify, republish or publicly display any of the content or services unless you have the prior permission of CCIA.

You agree to keep your CLTS user name and password confidential and accept full responsibility for all use thereof. The CCIA may restrict and/or deny use of the Site and/or the CLTS at anytime and from time to time in the CCIA's sole discretion.

2. CLTS Data Entry

All Data submitted by the User shall be accurate to the best of their knowledge and they agree to take reasonable steps to verify the accuracy of same. The User agrees to respect the privacy of other users of the Site and the CLTS and shall only use the Data for the purposes intended through use of the Site and the CLTS. The CCIA assumes no responsibility for:

a. the accuracy of any Data nor any reliance thereon or use thereof;
b. the availability of the Site and/or the CLTS at any given time; nor
c. any errors or omissions in the Data or the operation of the Site and the CLTS.

3. Governing Law

You agree that the governing law of the terms and conditions and your use of the CLTS and any content or services available through the CLTS shall be the Province of Alberta and the federal laws of Canada and you agree to attorn to the Courts of the Province of Alberta. If you use the CLTS from another jurisdiction, you are responsible for compliance with any and all applicable local laws. CCIA makes no representation that the materials contained within the CLTS are appropriate for customers outside of Canada.

4. User Conduct

You agree that in connection with your use of the CLTS, the services and the content you will not:

a. interfere with or disrupt the CLTS, its architecture, the CCIA services, the content or the network connected to the CLTS;
b. disobey any requirements, procedures, policies, or regulations of networks connected to the CLTS, the services or the content; or
c. intentionally or unintentionally violate any applicable local, provincial, national or international law.

5. Indemnity

You agree to indemnify, defend and hold harmless CCIA and each of its officers, directors, governors, owners, other officials, partners, partnerships, principals, employees, affiliates and other related entities, agents, representatives, successors and assigns from and against any claim or demand including legal and his own client costs and fees, arising out of your use of the CLTS, your connection to the CLTS, the content or the services, or your violation of the terms and conditions of use listed herein, or your violation of any applicable law, obligations or rights properly belonging to another party.

6. Third Party Websites

The CLTS may provide, or third parties may provide, links to other web sites and/or resources. As the CCIA has no control over these third party sites, you acknowledge and agree that CCIA is not responsible for the availability of such external sites or resources and does not endorse nor is responsible or liable for any content, advertising, products or other materials or information on or available from such sites or resources. You further acknowledge and agree that CCIA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

7. Proprietary Rights

You acknowledge and agree that:

a. CCIA, the trade and word marks and logos used in connection with CCIA, and any logos or word marks associated with the CCIA or the CLTS are registered or common law trademarks of CCIA;

b. all CCIA logos, trade and word marks and other proprietary materials depicted on the CLTS are the property of CCIA or are licensed to CCIA and may not be reproduced without the prior written consent of CCIA, whose consent may be withheld at CCIA's sole discretion;

c. the content, including, without limitation, news articles, press releases, statistics, photographs, images, illustrations, information, audio and video clips, is the property of, or is licensed by, CCIA;

d. any necessary software client, web services client, or application programming interface client used in connection with the CLTS contains proprietary and confidential information that is protected by applicable intellectual property and other laws and is either owned by or licensed to CCIA; and

e. content contained on the CLTS or information presented to you through the CLTS and any services or content provided to you is protected by copyright, trademark, services marks, patents, or other proprietary rights and laws.


Except as expressly authorized by CCIA you agree not to reproduce, republish, upload, post, transmit, distribute, copy, publicly display or otherwise use the content, the services or any derivative work based on the information you have gained from the CLTS or the software in whole or in part. You also agree not to modify the software in any manner or form, or to use modified versions of the software.

8. Disclaimer of Warranties and Conditions

You expressly understand and agree that:

a. Your use of the CLTS and its data is at your own risk. The CLTS is provided on an "as is" and "as available" basis. CCIA expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, warranties or conditions of title and non-infringement and the implied warranties of merchantability and fitness for a particular purpose.

b. CCIA makes no warranty that:

i. the CLTS, the services or the content meets your requirements;
ii. the CLTS, the services or the content will be uninterrupted, timely, secure or error-free;
iii. the results that may be obtained from your use of the CLTS, the services or the content will be accurate or reliable;
iv. the quality of any products, services, information obtained by you through the CLTS, the services or the content will meet your expectations; and
v. any errors in the software operating on the CLTS will be corrected.

c. Any material downloaded or otherwise obtained through the use of the CLTS or the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

d. No advice or information, whether oral or written, obtained by you from the CLTS or through or from the services or the content shall create any warranty or condition not expressly stated in the terms.


9. Limitation of Liability

You expressly understand and agree that CCIA shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CCIA has been advised of the possibility of such damages), in contract, tort or any other cause of action, resulting from:

a. the use or the inability to use the CLTS, the services or the content;

b. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the CLTS, the services or the content;

c. unauthorized access to or alteration of your transmissions or data;

d. statements posted by, or the conduct of, any third party on the CLTS, the services or in the content, including, without limitation, the posting or transmission by third parties of defamatory, offensive or illegal material; or

e. any other matter relating to the CLTS, the services or the content. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by CCIA, its affiliates and business partners; any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records.

10. Privacy Policy

Users acknowledge that in certain cases data and other information provided to CCIA and/or stored on the Site and/or the CLTS may constitute “personal information” under the applicable provincial or federal legislation including but not limited to the Personal Information Protection Act ("PIPA"), Personal Information Protection and Electronic Documents Act ("PIPEDA"), Access to Information Act (“AIA”) or the Privacy Act ("PA"). As such, the User hereby:

a. represents and warrants that they have full right and authority to provide such information to CCIA and/or the Site and/or the CLTS; and

b. consents to the collection, storage (including backup files), use and disclosure of such information, all for the use and purpose of the Site and the CLTS and Data as permitted hereby.

The User shall comply in all respects with PIPA, PIPEDA, AIA and PA, as applicable.

Personal and other information obtained from CLTS users by the CCIA includes, but is not limited to, the users:

a. IP Address;
b. Email Address;
c. Name;
d. Address;
e. Telephone Number;
f. Tag Inventory
g. Tag Event Data
h. Animal Event Data
i. Age Verification
j. Breed
k. Transactional Data

This information is collected by CCIA for the purposes of:
  • Animal identification;
  • regulatory reporting to applicable government agencies;
  • facilitating industry market access including but not limited to export requirements, age verification requirement, and audit;
  • opening and maintaining CLTS User accounts made available to the individual to facilitate regulatory compliance, reporting, animal identification, herd and on farm management; and
  • contacting Users for account management purposes and other CCIA services.
Users’ personal information is ONLY disclosed to authorised organizations, individuals and governments. Personal information will be disclosed to only those CCIA employees and officers who need to know the information for the purposes of their work. Personal information will be disclosed to third parties with the individual's knowledge and consent.

Additionally this information is used for tracking Users’ visits to the site and monitoring the interest demonstrated for various pages on the CLTS. The IP address of each CLTS User is logged in the CLTS architecture with restricted access. IP address information is aggregated and individual user profiles are not kept nor maintained by CCIA.

Further, the CLTS allows a User to voluntarily submit an email to CLTS Support in circumstances such as where the User may wish to obtain further information about CCIA, the CLTS, support, its content or services. CLTS Support routes the User e-mail to the appropriate party in order for it to be appropriately addressed.

From time to time, we may access User information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to our CLTS to notify you of these changes and, if required, to provide you with the ability to opt out of these uses where possible.

AUDIT

CCIA reserves the right at any time to:

a. request personal identification from the User; and

b. conduct audits of the Data and use of the Site and the CLTS.

The User agrees to provide their full cooperation in this regard.

ACCESS

The User agrees to permit all governmental or regulatory bodies having jurisdiction and authority from time to time to access Data, including without limitation the CFIA, access to and copying of records, data, documents and other information relating to and in connection with the Data for all properly authorized purposes.

11. Notice

CCIA may provide notices of changes to the terms and conditions of use or other matters by displaying notices or links on the CLTS or by posting amended terms and conditions of use on the CLTS.

Any questions or concerns about the CLTS, the CCIA and the site usage and privacy policy should be sent to 1-877-909-2333 or CLTSSupport@canadaid.ca.

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