PRIVACY POLICY
THE COMMENT GENERATOR
https://thecommentgenerator.com
Last updated: September 1, 2021
This privacy policy describes our policies and procedures on the collection, use and disclosure of your information when you use the service and tells you about your privacy rights and how the law protects you.
We use your personal data to provide and improve the Service. By using the service, you agree to the collection and use of information in accordance with this privacy policy.
Purpose
The purpose of this privacy policy (this "Privacy Policy") is to inform users of The Comment Generator (our "Website") of the following:
- The personal data we will collect;
- Use of collected data;
- Who has access to the data collected;
- The rights of Website users; and
- The Website's cookie policy.
This Privacy Policy applies in addition to the terms and conditions of our Website.
GDPR
For users in the European Union, we adhere to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (the "GDPR"). For users in the United Kingdom, we adhere to the GDPR as enshrined in the Data Protection Act 2018.
We have not appointed a Data Protection Officer as we do not fall within the categories of controllers and processors required to appoint a Data Protection Officer under Article 37 of the GDPR.
Consent
By using our Website users agree that they consent to the conditions set out in this Privacy Policy.
When the legal basis for us processing your personal data is that you have provided your consent to that processing, you may withdraw your consent at any time. If you withdraw your consent, it will not make the processing which we completed before you withdrew your consent unlawful.
You can withdraw your consent at any time by deleting your account under the account page and ceasing to use the services provided by the Website.
Legal Basis for Processing
We collect and process personal data about users in the EU only when we have a legal basis for doing so under Article 6 of the GDPR.
We rely on the following legal basis to collect and process the personal data of users in the EU:
- Users have provided their consent to the processing of their data for one or more specific purposes.
Personal Data We Collect
We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first.
Data Collected Automatically
When you visit and use our Website, we may automatically collect and store the following information:
- IP address;
- Location; and
- Hardware and software details.
Data Collected in a Non-Automatic Way
We may also collect the following data when you perform certain functions on our Website:
- First and last name;
- Email address; and
- School and School Board (optionally).
This data may be collected using the following methods:
- Creating an account;
- Logging into your account; and
- Updating your personal information.
How We Use Personal Data
Data collected on our Website will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Website. We will not use your data beyond what we disclose in this Privacy Policy.
The data we collect automatically is used for the following purposes:
- Statistics.
The data we collect when the user performs certain functions may be used for the following purposes:
- Account Management; and
- Providing the service.
Who We Share Personal Data With
Employees
We may disclose user data to any member of our organization who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy.
Other Disclosures
We will not sell or share your data with other third parties, except in the following cases:
- If the law requires it;
- If it is required for any legal proceeding;
- To prove or protect our legal rights; and
- To buyers or potential buyers of this company in the event that we seek to sell the company.
If you follow hyperlinks from our Website to another website, please note that we are not responsible for and have no control over their privacy policies and practices.
hCaptcha
hCaptcha is used on certain pages of this Website, including the registration page, in order to prevent automated abuse of the Website. hCaptcha has their own Terms of Service and Privacy Policy which can be found on their website.
How Long We Store Personal Data
User data will be stored until the purpose the data was collected for has been achieved.
You will be notified if your data is kept for longer than this period.
Your Rights as a User
Under the GDPR, you have the following rights:
- Right to be informed;
- Right of access;
- Right to rectification;
- Right to erasure;
- Right to restrict processing;
- Right to data portability; and
- Right to object.
Children
The minimum age to use our Website is 18 years of age. We do not knowingly collect or use personal data from children under 18 years of age. If we learn that we have collected personal data from a child under 18 years of age, the personal data will be deleted as soon as possible. If a child under 18 years of age has provided us with personal data their parent or guardian may contact us.
How to Access, Modify, Delete, or Challenge the Data Collected
You may access any data that we have collected about you by visiting the account page. If any personal information is incorrect, you may update/correct it by clicking on the account management button. In addition, at any time you may remove your personal information by deleting your account. In most cases, your personal details will be deleted immediately, however, in some cases, this may take up to 90 days.
Do Not Track Notice
Do Not Track ("DNT") is a privacy preference that you can set in certain web browsers. We do not track the users of our Website over time and across third-party Websites and therefore do not respond to browser-initiated DNT signals.
Cookie Policy
A cookie is a small file, stored on a user's hard drive by a Website. Its purpose is to collect data relating to the user's browsing habits. You can choose to be notified each time a cookie is transmitted. You can also choose to disable cookies entirely in your internet browser, but this will render the Website unusable.
We use the following types of cookies on our Website:
- Functional cookies: Functional cookies are used to remember the selections you make on our Website so that your selections are saved for your next visits. This includes cookies used to log you in and maintain your browsing session.
We do not use cookies for tracking, analytics, or advertising purposes. Our Website also does not use third-party cookies for these purposes.
Modifications
This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the "Last Revision" at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy or upon logging into your account.
TERMS OF SERVICE FOR
THE COMMENT GENERATOR
https://thecommentgenerator.com
Last Revision: September 1, 2021
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE.
The following Terms of Service govern and apply to your use of or reliance upon this website maintained by The Comment Generator (the "Website") found at https://thecommentgenerator.com.
Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms of Service and any other applicable laws, statutes and/or regulations. We may change these Terms of Service at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance of the revised Terms of Service.
1. AGE RESTRICTION
You must be at least eighteen (18) years of age to use this Website or any services contained herein. Your access or use of this Website indicates your representation that you are at least eighteen (18) years of age. We assume no responsibility or liability for any misrepresentation of your age.
2. OWNERSHIP OF WEBSITE CONTENT
All intellectual property on the Website (except for User Generated Content, as defined below) is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website (except for User Generated Content, as defined below), including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.
3. USER-GENERATED CONTENT
"User Generated Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users post or otherwise make available on or through the Website, except to the extent the content is owned by us.
4. USER ACCOUNTS
To access most of the features of the Website, a user account (an "Account") is required subject to the following terms:
- you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate;
- you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
- you agree to not allow other individuals or organizations to access your account;
- you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account; and
- you agree that although the Website will not be liable for your losses caused by any unauthorized use of your Account, you may liable for the losses of the Website or others due to such unauthorised use.
5. TERMINATION OF ACCOUNT
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Website or our or any third party's equipment or network is impaired by your use of the Website; any amount is past due from you to us; you violate any term of the user account section, above, or acceptable use section, below; we have received a third party complaint which relates to your use or misuse of the Website; or you have been or are in breach of any term or condition of these Terms of Service. We will have no responsibility to notify any third party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.
6. ACCEPTABLE USE
You agree not to use the Website for any unlawful purpose, and not to:
- To harass, abuse, or threaten others or otherwise violate any person's legal rights;
- To violate any intellectual property rights of us or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate or discrimination towards any group;
- To unlawfully gather information about others;
- Hack into the Account of another user of this Website; or
- Post any material that may be deemed inappropriate or offensive.
7. REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
- Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website; and
- Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
8. NO WARRANTIES
Your use of the Website is at your sole and exclusive risk and any services provided by us are on an "as is" basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.
9. DATA LOSS
We are not responsible for the security of your Account or Content. Your use of the Website is at your own risk.
10. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, and that we will have no liability for any damage or loss caused as a result of such downtime.
11. INDEMNIFICATION
You defend and indemnify The Comment Generator and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms of Service, or your conduct or actions. We will select our own legal counsel and may participate in our own defense, if we wish to do so.
12. LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. The maximum liability of The Comment Generator arising from your use of the Website is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to The Comment Generator in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
13. PRIVACY
Internet communications are subject to interception, loss or alteration and, as consequences, you acknowledge that information or data you provide by electronic means by accessing or using this Website are not confidential or exclusive, except to the extent required by the applicable laws, and that communications by email may be intercepted, altered or lost.
For more information, please refer to our Privacy Policy, available on the Website.
14. APPLICABLE LAW
These Terms of Service are governed by the laws of the Province of Alberta, Canada.