POLICIES
TERMS AND CONDITIONS
Welcome to No Filter Promotions and our website and shop at www.nofilterpromotions.ca. These Terms and Conditions (these “Terms”) (together with the documents referred to on it) tell you the terms and conditions on which we sell you our physical, bespoke physical, or digital products as shown on our website (“Products”).
Please read these Terms carefully before ordering any Products. Please understand that by ordering any of our Products, you agree to be bound by these Terms and that if you refuse to accept these Terms, you will not be able to order any Products from us.
1. ABOUT US
1.1. We are No Filter Promotions, Montreal, Quebec, Canada (“No Filter Promotions”, “we”, “us”, “our”).
1.2. We operate the website and shop at www.nofilterpromotions.ca (our “website”).
1.3. To contact us, please use support@nofilterpromotions.ca with “T&C” in the subject line.
1.4. These Terms were last updated on Wednesday, December 18th, 2024.
1.5. The following also apply to these Terms and form an integral part of these Terms:
1.5.1. our Privacy Policy;
1.5.2. our Cookie Policy; and
1.5.3. our Returns Policy.
2. ELIGIBILITY
By placing an order through our website, you warrant that:
2.1.1. you are legally capable of entering into binding contracts; and
2.1.2. you are at least 18 years old.
3. HOW THE CONTRACT IS FORMED
3.1. Your order constitutes an offer to us to buy a Product.
3.2. After placing an order, you will receive an email from us acknowledging that we have received your order (“Order”). This does not mean that your Order has been accepted.
3.3. All orders are subject to acceptance by us.
3.4. The contract between us (“Contract”) will only be formed when we dispatch the Product.
4. WHEN ORDERS ARE NOT ACCEPTED
4.1. While we do our best to always accept Orders, we can refuse an Order if:
4.1.1. you provide us with incomplete, incorrect, or fraudulent information regarding your identity, age, payment details, billing information, or shipping address;
4.1.2. we discover that there was an error on our website relating to the Products you ordered, such as an incorrect price or description, or the Products are out of stock or no longer available.
4.1.3. our Returns Policy.
4.2. If we cannot accept your Order we will contact you and refund you any money you have already paid for such Products.
4.3. Except we are required by law, we will not be liable to you, or any other person, for any loss, damage, cost, or expense suffered as a direct or indirect result of the unavailability of any Products at any time, whether in contract, negligence, or any other tort, equity, restitution, strict liability, under statute, or otherwise.
5. DIGITAL PRODUCTS DELIVERY AND RETENTION OF TITLE
5.1. Delivery of Digital Products shall be made to the e-mail address specified in the accepted order. All Digital Products will remain the property of No Filter Promotions.
5.2. You may not sell or encumber any Digital Product before full title thereof has passed to you.
5.3. All of the content featured or displayed in the Digital Product, including but not limited to text, graphics, photographs, images, moving images, sound, and illustrations protected by intellectual property law (together "Content"), is owned by No Filter Promotions, its licensors, vendors, agents, and/or its Content providers. You must not use the Digital Product or any Content other than for its intended purpose.
5.4. You must not modify any of the Content and you must not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained in the Digital Product. Except as authorized under applicable copyright law, you are responsible for obtaining permission before reusing any copyrighted material that is available in the Digital Product. For purposes of these Terms, the use of any such material on any other publication, mobile application, website, or online service is prohibited. You are responsible for complying with all laws which apply to you and your use of the Digital Product. The Digital Product, its Content, and all related rights shall remain the exclusive property of No Filter Promotions or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found in the Digital Product.
5.5. With the exception of material marked "Open Access" or “Commercial Use” which may be used in accordance with the relevant license, you must not:
5.1.1. reproduce, store in any medium, including but not limited to a retrieval system, or transmit, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting), nor show in public any part of our Content;
5.1.2. create any derivative work or make any other adaptation without my prior written consent;
5.1.3. modify the copies you have displayed or printed in any way;
5.1.4. use any illustrations, photographs, videos, or audio sequences, or any graphics, separately from any accompanying text.
6. BESPOKE AND CUSTOMIZATION SERVICES
6.1. When placing the order, you confirm your requirements and specifications for your bespoke and customization services including gift box and/ or engravings (“Bespoke and Customization Services”) that you have reviewed the order.
6.2. By indicating acceptance of the order and making payment, you authorize us to begin production of the Bespoke and Customization Services and to charge you for the order. Following such charge, no changes may be made to a custom order.
6.3. Once the order is confirmed by us, we do not allow alterations to your requirements specifications, nor do we permit refunds to be given in the event that these terms were overlooked and blindly agreed to.
6.4. No Filter Promotions is not responsible for any errors in the final Bespoke and Customization Services caused by information provided by you (including requirements, specifications, colors, material and finish selections).
6.5. Because our Bespoke and Customization Services are Custom Made or Customized to your specifications, we do not accept returns, and no refunds or exchanges are available. Notwithstanding the foregoing, if you discover material defects, you may contact us for verification; if we determine in our sole discretion that an item is indeed defective, we will offer an equitable resolution of the matter.
7. PRODUCTS DESCRIPTIONS
7.1. We do our best to ensure that the information about our Products is accurate and up to date. However, we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order.
7.2. We also reserve the right to modify the information about the Products including their prices, descriptions, and availability. However, such changes will not affect Orders accepted by us.
7.3. Except we are required by law, we will not be liable to you, or any other person, for any loss, damage, cost, or expense suffered as a direct or indirect result of the inaccuracy of any Product description, whether in contract, negligence, or any other tort, equity, restitution, strict liability, under statute, or otherwise.
8. PRICE AND PAYMENT
8.1. The price of the Products and our delivery charges will be as quoted on our website, except in cases of obvious error.
8.2. Product prices and delivery charges are liable to change at any time, but changes will not affect already dispatched Orders.
8.3. We are under no obligation to provide the Product to you at the incorrect lower price, even after we have dispatched the Product, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as an error.
8.4. All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment methods. We shall not be liable for any failure, disruption, or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
8.5. We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off, or counterclaim whatsoever.
9. CHARGEBACK
You agree to contact us prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any transaction. If you make a card payment through our website and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and/or pursue legal action as the case may be.
10. CANCELLATION
10.1. We reserve the right to cancel, at any time before delivery and for whatever reason, any Order that we have previously accepted, such as if there is an event beyond our control, or we are unable to supply the Products.
10.2. If we cancel your Order we will contact you and refund you any money you have already paid for such Products.
10.3. Except we are required by law, we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the cancellation of your Order, whether in contract, negligence, or any other tort, equity, restitution, strict liability, under statute, or otherwise.
11. DAMAGED OR DEFECTIVE PRODUCTS
11.1. If you have received a damaged or defective Product, please contact us within 7 days of delivery and attach pictures of the damaged item so that the damage can be checked.
11.2. Please do not dispose of the item until you have heard back from us. No complaint can be considered unless clear proof can be given that the Product(s) are faulty or damaged.
11.3. We will respond to all complaints within 5 working days.
12. RISK AND TITLE
12.1. The Products will be at your risk from the time of delivery.
12.2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
13. SPECIAL OFFERS, DISCOUNTS, AND PROMOTIONS
13.1. We reserve the right to change, limit, or terminate any special offers, discounts, and promotions at any time without notice.
13.2. All special offers, discounts, and promotions are subject to availability and may require you to accept additional terms and conditions, which are hereby expressly incorporated into these Terms.
13.3. We reserve the right to limit certain special offers, discounts, and promotions to one order per customer as defined by their email address and/or credit card address and/or delivery address.
14. OUR RIGHT TO VARY THESE TERMS
We reserve the right to revise these Terms at any time. Whenever we revise these Terms, we will keep you informed and give you notice of this by stating that these Terms have been amended and amending the relevant date at the top of this page.
15. Warranty
15.1. We warrant to you that any Product purchased from us through our website will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
15.2. We will at our option replace or refund the price of Products which you notify us are defective.
15.3. This warranty shall not apply to defects caused by misuse, neglect, accident, improper storage, installation or handling, frost damage, repair or alteration not carried out or authorized by us.
16. OUR LIABILITY
16.1. If we fail to comply with these Terms, we are responsible for the loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
16.2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial or business for resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.3. We do not in any way exclude or limit our liability for:
16.3.1. death or personal injury caused by our negligence;
16.3.2. any breach of the legal terms to title and quiet possession;
16.3.3. any breach of the legal terms to satisfactory quality, fitness for purpose, and description; and
16.3.4. any breach of the legal terms to defective products.
17. COMMUNICATIONS BETWEEN US
17.1. When we refer, in these Terms, to “in writing”, this will include email.
17.2. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by email. We will confirm receipt of this by contacting you in writing, normally by email.
17.3. If we have to contact you or give you notice in writing, we will do so by email to the address you provide to us in your Order.
17.4. Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, or 24 (twenty-four) hours after an email is sent.
17.5. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
18. EVENTS OUTSIDE OUR CONTROL
18.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
18.2. A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation) the following:
18.2.1. strikes, lockouts, or other industrial action;
18.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
18.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster;
18.2.4. impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport;
18.2.5. impossibility of the use of public or private telecommunications networks; and
18.2.6. the acts, decrees, legislation, regulations, or restrictions of any government.
18.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
19. DISPUTE SETTLEMENT
19.1. The applicability of (i) the UN Convention on Contracts for the International Sale of Goods 1980 (CISG); and (ii) The International Sale of Goods Act is specifically excluded.
19.2. Should a dispute, controversy, or claim arise between the Parties in connection with the Agreement, the Parties shall notify each other of the reasons for the dispute in writing and shall meet promptly, at a location chosen by us, in good faith to attempt an amicable settlement for such dispute.
19.3. If an amicable settlement is not reached within twenty (20) Business Days after such notification:
19.3.1. The Parties irrevocably agree that such dispute, controversy, or claim arising out of or in connection with the Agreement shall be resolved and settled exclusively by arbitration under the Arbitration Rules of the ADR Institute of Canada Inc. (the "ADRIC Rules") in force as of the date of the reference to arbitration. The seat of arbitration shall be Montreal, Quebec, Canada. The arbitration award is deemed to be made in Montreal, Quebec, Canada regardless of where it is signed, dispatched, or delivered to the parties. The language of the arbitrator will be English.
19.3.2. The Parties agree that: (a) if each of the Parties has its place of business in Canada, any arbitration under the Agreement shall be governed by The Arbitration Act (the "Arbitration Act"); and (b) if any of the parties does not have its place of business in Canada, any arbitration conducted under the Agreement shall be governed by The International Commercial Arbitration Act (the "International Arbitration Act").
19.3.3. In accordance with Rule 1.3.2 of the ADRIC Rules, the Parties agree that the ADRIC Rules apply to an international arbitration without regard to the UNCITRAL Arbitration Rules.
19.3.4. If there is a conflict between the provisions of the Agreement and the provisions of the ADRIC Rules or the Arbitration Act or the International Arbitration Act, the provisions of the Agreement will prevail except to the extent that they conflict with any legislative provision that cannot be waived or varied by agreement.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
20.1. Using our services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on our Services, satisfy any legal requirement that such communication be in writing.
20.2. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via our Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
21. OTHER IMPORTANT TERMS
21.1. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.
21.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
21.3. No joint venture, partnership, agency, or employment relationship has arisen by reason of these Terms.
21.4. These Terms and any document expressly referred to in it constitutes the entire agreement between us.
21.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
21.6. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
21.7. These Terms shall be governed by and construed in accordance with the laws of Canada, without regard to its choice of law provisions.
PRIVACY POLICY
Welcome to No Filter Promotions! This Privacy Policy explains which Personal Data we collect from you via our website and shop at www.nofilterpromotions.ca, what we use it for, when we delete it, and how your data is protected.
WHO IS THE DATA CONTROLLER?
A “data controller” is a person or organization who alone or jointly determines the purposes for which, and the manner in which, any personal data is, or is likely to be, processed. In this sense, No Filter Promotions, Montreal, Quebec, Canada (“No Filter Promotions”, “we”, “us”, “our”) is the data controller. If you have any questions about this policy or about data protection at No Filter Promotions in general, you can reach us using support@nofilterpromotions.ca with “Data Protection” in the subject line.
WHY DO WE HAVE A PRIVACY POLICY?
We will only use your Personal Data in accordance with the applicable data protection laws, in particular Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the EU's General Data Protection Regulation (“GDPR”), and of course only as described in this Privacy Policy.
WHAT IS PERSONAL DATA?
Personal Data is information that makes it possible to identify a natural person. This includes, in particular, your name, date of birth, address, telephone number, and e-mail address, but also your IP address. Anonymous data exists if no personal reference to the user can be made.
WHAT IS PROCESSING?
"Processing" means and covers virtually any handling of data.
WHEN CAN WE PROCESS YOUR PERSONAL DATA?
All Personal Data that we obtain from you will only be processed for the purposes described in more detail below. In particular, we collect Personal Data only if:
• you have given your consent;
• the data is necessary for the fulfillment of a contract / pre-contractual measures;
• the data is necessary for the fulfillment of a legal obligation; or
• the data is necessary to protect the legitimate interests of our company and business.
We process and store your Personal Data only for the period of time required to achieve the respective processing purpose or for as long as a legal retention period exists (in particular, commercial and tax law in accordance with Canada’s Commercial Law and Fiscal Code and others for up to 6 years). Once the purpose has been achieved or the retention period has expired, the corresponding data is routinely deleted.
DATA TRANSFERS
In certain cases, it is necessary to transmit the processed Personal Data in the course of data processing. In this respect, there are different recipient bodies and categories of recipients.
a) Internal
If necessary, we transfer your Personal Data within No Filter Promotions. Of course, we comply with the associated legal framework and ensure that your data is processed properly. Access to your Personal Data is only granted to authorized employees who need access to the data due to their job, e.g., to fulfill your order or to contact you in case of queries.
b) External bodies
Personal Data is transferred to our service providers and the specific brands that are offering their products on our website in the following instances:
• in the context of fulfilling your orders, shipping, and delivery,
• to use marketing services and to advertise our products online,
• to communicate with you,
• to provide our website and shop, and
• to state authorities and institutions as far as this is required or necessary.
We usually do not transfer Personal Data to countries outside Canada. However, if we do, we ensure that processing of your Personal Data is governed by processing agreements that include standard contractual clauses to ensure a high level of data protection.
SECURITY OF YOUR DATA
We take appropriate organizational, technical, and physical measures to help safeguard against accidental or unlawful destruction, loss, alteration, and unauthorized disclosure of, or access to, the Personal Data we collect and process. However, no method of collection, storage, or transmission is 100% secure. You are solely responsible for protecting your password, limiting access to your devices, and signing out of websites after your sessions.
YOUR RIGHTS AND PRIVILEGES
a) Privacy rights
You can exercise the following rights under the PIPEDA:
• Right to be informed
• Right to access
• Right to rectification
• Right to erasure
• Right to object/opt-out
• Right to Consent
• Right to Redressal
You can exercise the following rights under the GDPR:
• The right to access;
• The right to rectification;
• The right to erasure;
• The right to restrict processing;
• The right to object to processing;
• The right to data portability;
b) Update your information and withdraw your consent
If you believe that the information we hold about you is inaccurate or request its rectification, deletion, or object to its processing, please do so by contacting us.
c) Access Request
In the event you want to make a Data Subject Access Request, please contact us. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.
d) Complaint to a supervisory authority
You have the right to complain about our processing of Personal Data to a supervisory authority responsible for data protection. The Office of the Privacy Commissioner, 30 Victoria Street, Gatineau, Quebec, J8X 0A8, www.priv.gc.ca. However, we would appreciate the opportunity to address your concerns before you contact the Privacy Commissioner.
e) What we do not do
• We do not request Personal Data from minors and children;
• We do not process special category data without specific and expressly given consent.
• We do not use automated decision-making, including profiling; and
• We do not sell your Personal Data.
PURPOSES OF USE OF PERSONAL DATA AND LEGAL BASIS
a) Hosting
The hosting service used by us for the purpose of operating our website is Wix.com. In doing so, Wix processes inventory data, contact data, content data, contract data, usage data, metadata, and communication data of customers, interested parties, and visitors of our website and shop on the basis of our legitimate interests in an efficient and secure provision of the website and services in conjunction with the provision of contractual services.
b) Collection of access data and log files
We, or rather Wix, collect data on every access to our website on the basis of our legitimate interest. The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address, and the requesting provider. Log file information is stored for security reasons (e.g., for the clarification of abuse or fraud) for a maximum of 7 days and then deleted. Data whose further storage is necessary for evidentiary purposes is exempt from deletion until the respective incident is finally clarified.
c) Cookies
For the processing of personal data using cookies and similar technologies on our website, please refer to our Cookie Policy. The legal basis for the use of cookies is our legitimate interest or your consent when you agree to the use of technically nonessential cookies as further explained in our Cookie Policy.
d) Cookie consent
As set out in the PIPEDA and the EU’s Privacy and Electronic Communications Directive (“PECD”), we need to obtain consent for the use of technically nonessential cookies. For this purpose, we use a cookie consent tool to obtain your consent to the storage of cookies and to document this consent. When you enter our website, the following Personal Data is transferred to us via our cookie consent tool: i) Your consent(s) or revocation of your consent(s); ii) Your IP address; iii) Information about your browser; iv) Information about your device; v) Time of your visit to our website. The basis for processing is our legitimate interest and your consent.
e) Content Management System and eCommerce System
We use the open-source Content Management System and the eCommerce system of Wix to publish and maintain the created and edited content and texts on our website. This means that all content and texts submitted to our website are transferred to our Wix server. The legal basis for this processing is our legitimate interest.
f) Analytics
For business reasons, we analyze the data we have on web and server traffic patterns, website interactions, browsing behaviour, etc. The analyses serve us alone and are not disclosed externally and processed using anonymous analyses with summarized and anonymized values. For this purpose we use Wix Analytics. The legal basis is our legitimate interest and your consent. For further information, please refer to our Cookie Policy.
g) Contact options
We process and store the Personal Data provided in the contact inquiry solely for the purpose of processing and responding to your inquiry and contacting you. If you contact us, we will process the data you provide to respond to you and answer your questions and requests. In doing so, the principle of data economy and data avoidance is observed in that you only have to provide the data that we absolutely need from you in order to contact you. These are usually your first and last name, your email address, the topic selection, and the message field itself. In addition, your IP address is processed out of technical necessity and for legal protection. The legal basis for processing is our legitimate interest, the provision or initiation of a contractual service, and your consent.
h) Shopping with us
We process your first name, last name, e-mail address, billing address, and shipping address for the delivery of your order and the data related to your contract with us to handle the contractual relationship. The legal basis for processing is the provision of a contractual service.
Where any Personal Data relates to a third party, you represent and warrant that the Personal Data is up-to-date, complete, and accurate and that you have obtained the third party’s prior consent for our collection, use, and disclosure of their Personal Data.
i) User account
It is also possible for you to register for an account. For this purpose, you can choose a password together with your email address, both of which will enable you to log in more easily without having to enter your data again when you make a future purchase or access your order history. We will hold your data for further orders as long as you have your account with us.
j) Payment Data
To make a purchase, you may need to provide a valid payment method (e.g., credit card). Your payment information will be collected and processed by our authorized payment vendor, Square Squareup. We do not directly collect or store credit or debit card numbers ourselves in the ordinary course of processing transactions. The legal basis for the provision of a payment system is the establishment and implementation of the contract.
k) Administration, financial accounting, office organization, contact management
We process data in the context of administrative tasks as well as the organization of our business and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The processing bases are our legal obligations and our legitimate interest.
l) Promotional use of your data
We use your data within the legally permissible scope for marketing purposes, e.g., to draw your attention to special promotions and discount offers. In addition, we may draw your attention to comparable offers by email, e.g., we may inform you about exclusive sales, promotions, or special events. The legal basis for processing is our legitimate interest.
m) E-mail advertising with newsletter registration
If you register for our newsletter, we use the data required for this purpose or separately provided by you in order to send you our email newsletter on a regular basis on the basis of your consent. Unsubscribing from the newsletter is possible at any time and can be done either by sending a message to the contact option described below or via a link provided for this purpose in the newsletter. After unsubscribing, we will delete your email address unless you have expressly consented to further use of your data, or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.
n) Postal advertising
In addition, we reserve the right to use your first and last name as well as your postal address for our own advertising purposes, e.g., to send you interesting offers and information about our products by post. This serves to protect our legitimate interests.
0) Social Media
We are present on social media on the basis of our legitimate interest. If you contact or connect with us via social media, we and the relevant social media platform are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The Personal Data collected when contacting us is to handle your request, and the bases are both your consent and our legitimate interest.
In addition, your data may be processed for market research and advertising purposes. For example, usage profiles can be created from your usage behaviour and the resulting interests. This allows, for example, advertisements to be placed within and outside the platforms that presumably correspond to your interests. The legal basis is our legitimate interest.
When you visit our social media profiles, we, as the operator of the profile, process your actions and interactions with our profile (e.g., the content of your messages, inquiries, posts, or comments that you send to us or leave on our profile, or when you like or share our posts) as well as your publicly viewable profile data (e.g., your name and profile picture). Which Personal Data from your profile is publicly viewable depends on your profile settings, which you can adjust yourself in the settings of your social media account. The legal basis is our legitimate interest and your consent.
USA SPECIFIC PROVISIONS
The following applies to users located in the United States. While we understand and appreciate that privacy and consumer data protection laws differ as they are subject to each state's legislature and that no data protection framework similar to the EU’s GDPR exists on a federal level, we are committed to follow and apply the for your state relevant privacy rules and regulations.
As of the day of drafting, the following states had enacted privacy and consumer data protection laws: California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia. Under consideration of the similarities of the above provisions, no conflict should arise pursuing a uniform approach in granting all users in the USA the same rights and privileges as set out above. However, should ambiguity occur the most stringent provision is chosen to ensure the most comprehensive approach when it comes to protecting your Personal Data.
Further, the following also apply
i) “Shine the Light”
“Shine the Light” law (Civil Code Section 1798.83) requires us to respond to requests from California asking about the business’s practices related to disclosing Personal Data to third parties for the third parties’ direct marketing purposes. You may make a request about our collection and disclosure of your Personal Data using the contact details provided.
ii) COPPA (Children Online Privacy Protection Act)
When it comes to the collection of Personal Data from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under the age of 13 years old.
iii) CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. To be in accordance with CAN SPAM, we agree to the following: If at any time you would like to unsubscribe from receiving future emails, you can email us, and we will promptly remove you from ALL correspondence.
iv) Telephone Consumer Protection Act (TCPA)
If we process your Personal Data for the purpose of sending you SMS marketing communications, you may manage your receipt of marketing and non-transactional communications from us by replying or texting ‘STOP’ if you receive our SMS communications. In this respect, the data processing is carried out solely on the basis of our consent in personalized direct advertising per SMS.
v) Controls For Do-Not-Track Features
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ('DNT') feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, our website does not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this policy.
vii) Right to complain
Finally, in regard to the right to complain to a supervisory authority. You have the right to lodge a complaint about our processing of Personal Data with a supervisory authority responsible for data protection. Users based in the abovementioned states may lodge a complaint with the relevant district attorney or attorney general office. However, we would appreciate the opportunity to address your concerns before you contact any supervisory authority.
MEXICO SPECIFIC PROVISIONS
Mexico has introduced data protection laws that are similar to the GDPR, namely the Federal Law for the Protection of Personal Data in the Possession of Private Parties (“LFPDPPP”) supplemented by the Rules of the Federal Law for the Protection of Personal Data in the Possession of Private Parties in Mexico. Under consideration that the GDPR has played a pivotal role, no conflict should arise pursuing a uniform approach in granting all users in Mexico the same rights and privileges as set out above. However, should ambiguity occur, the most stringent provision is chosen to ensure the most comprehensive approach when it comes to protecting your personal data.
In terms of your right to complain, the National Institute of Transparency, Access to Information and Personal Data Protection (Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales) (“INAI”) is the national supervisory authority in Mexico (www.ifai.org.mx).
HELP AND COMPLAINTS
If you have any questions about this policy or the information we hold about you, please contact us using support@nofilterpromotions.ca with “Data Protection” in the subject line.
CHANGES
The first version of this policy was issued on Wednesday, December 18th, 2024, and is the current version. Any prior versions are invalid, and if we make changes to this policy, we will revise the effective date.
RETURN POLICY
This policy applies to all purchases made at www.nofilterpromotions.ca, operated by No Filter Promotions, Montreal, Quebec, Canada (“No Filter Promotions”, “we”, “us”, “our”).
It is your responsibility to familiarize yourself with this policy. By placing an order for any of our products, you indicate that you have read this policy and that you agree with and fully accept the terms of this policy.
If you do not agree with or fully accept the terms of this refund and cancellation policy, we ask that you do not place an order with us.
FOR DIGITAL PRODUCTS, THE FOLLOWING APPLIES:
Cancellation and refund policy
We provide digital products, and content is immediately viewable and usable after downloading. Therefore, the following apply:
All Sales Are Final.
We do not offer refunds under any circumstances.
No Returns or Exchanges.
Returns and exchanges do not apply. We do not offer any kind of returns or exchanges.
FOR BESPOKE PHYSICAL PRODUCTS, THE FOLLOWING APPLIES:
Please note that Products Made to Order or Custom Made or Customized to your Specifications (“Bespoke”) cannot be cancelled, exchanged, or returned, as we are unable to resell goods that have been specifically made to meet your specifications and requirements.
FOR PHYSICAL PRODUCTS, THE FOLLOWING APPLIES:
All Sales Are Final.
We do not offer refunds under any circumstances.
Customs, duties, and taxes
We are not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are your responsibility (tariffs, taxes, etc.). If we advanced you such a fee in order to receive your return back, any incurred charges related to customs, duties, and tax will be deducted for your refund or invoiced to you if your return has not been approved.
Damaged on Arrival Policy
If something is wrong with an item you have purchased from us, you are entitled to a refund or replacement. Please note that an item to be considered as “Damaged on Arrival” must be:
• broken or damaged or not of satisfactory quality,
unusable or not fit for purpose,
• not what was advertised or does not match the description.
Please also note that an item cannot be considered as “Damaged on Arrival” if:
• it was damaged by wear and tear, an accident, or misuse,
• you knew about the fault before you bought the item,
• you have changed your mind.
If your item was received as “Damaged on Arrival”, please follow our Exchange process described below within 7 days after the day on which you receive your order.
Exchange Process for Damaged on Arrival Policy
Please follow the below steps:
1. Contact us via email, clearly stating the following:
a) Your Order Number, Your Full Name, and Delivery Address
b) The reason for requesting a exchange with photo
2. We will either accept and/or authorize (or provisionally authorize subject to inspection) or reject the return claim and assign a return number for further dealings.
3. Upon return approval, the return handling process will be coordinated by us.
Risk of Loss
All items purchased are made pursuant to a shipment contract with our carriers. This means that the risk of loss and title for such items passes to you upon our delivery of your order to the carrier.
If you do not receive your order within 20 working days from the date of dispatch, please contact us. We would request that you contact us as soon as possible and within 45 days of placing your order. If you contact us outside of this time frame, we are unable to track your order or provide any reimbursement.
HELP AND COMPLAINTS
If you have any questions about this policy or our returns process, please contact us using support@nofilterpromotions.ca with “Returns” in the subject line.
CHANGES
The first version of this policy was issued on Wednesday, December 18th, 2024, and is the current version. Any prior versions are invalid, and if we make changes to this policy, we will revise the effective date.
COOKIE POLICY
Welcome to No Filter Promotions and our website at www.nofilterpromotions.ca (our “website”). www.nofilterpromotions.ca uses cookies to remember your preferences and help you obtain the right information. Cookies also allow us to see how our website is being used.
www.nofilterpromotions.ca is operated and maintained by No Filter Promotions, Montreal, Quebec, Canada (“No Filter Promotions”, “we”, “us”, “our”). If you want to contact us or if you have any questions, you can reach us by email using support@nofilterpromotions.ca with “Data Protection” in the subject line.
WHY DO WE HAVE A COOKIE POLICY?
This Cookie Policy sits in line with our obligations set out in Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the Anti-Spam Law (“CASL”) and the EU’s Privacy and Electronic Communications Directive (“PECD”). In accordance with them, we need to inform you about the cookies we use and obtain your consent when using certain types of cookies, namely functional, performance, analytical, and advertising cookies.
WHAT ARE COOKIES?
A cookie is a small text file that is sent to your device's hard drive by a website. Each time you return to the same website, your browser retrieves and sends the relevant cookie(s) to our website’s server.
COOKIE ACCEPTANCE
By using our website after accepting the cookie notice that appears when you first visit our website, or by browsing our website after having been presented with this notice, you agree to the placement of cookies on your computer in accordance with the terms of this cookie policy.
HOW ARE COOKIES USED?
Cookies used by us are stored on your device for a maximum period of 2 years from the date when they are initially installed or if they are subsequently updated, from the date of the update. Cookies can be divided into the following two broad categories:
• Technically necessary cookies (essential)
Technically necessary cookies are required for our website to function properly; they enable you to navigate our website efficiently and use its functional features.
• Technically nonessential cookies
• Analytical/Performance Cookies
These cookies allow us to measure and report on website activity by tracking page visits, visitor locations, and how visitors move around our website. The information collected does not directly identify visitors. We place these cookies to help us analyze that data.
• Marketing/Advertising Cookies
Marketing cookies help us provide you with personalized and relevant services or advertising and track the effectiveness of our digital marketing activities. They are capable of tracking your browser across other websites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit.
THE COOKIES WE USE
We utilize the below-mentioned cookies and other online identification technologies, such as web beacons or pixels, to provide users with an improved user experience.
Wix Analytics
Our website uses the analytics service “Wix Analytics”, a service of Wix.com Ltd. Wix Analytics is used to collect and store various user data for optimization and marketing purposes and to process and summarize this data in anonymized form in statistical reports. This includes login data, time zone setting, operating system and platform, information about visits including URL, session duration, number of pages viewed per session, search terms, information about what you have searched for or viewed on our site, website response time, and conversion rates. The data collected via Wix Analytics will not be used to personally identify the visitor of our website without consent and will not be merged with other personal data. The legal basis for the processing is your consent. In relation to the data transfer to Wix in Israel, Wix’s processing agreement can be read here.
Google Ads
We use Google Ads, an online advertising program forming part of Google Marketing services and provided by Google. Google Ads places a cookie (“conversion cookie”) on your computer if you access our website via a Google advertisement. These cookies have limited validity, do not contain any personal data, and thus are not used for personal identification. If you visit our website and the cookie has not yet expired, we and Google can see that you have clicked on the advert to reach our website. Every Google Ads client contains a different cookie, so cookies cannot be tracked via the websites of Ads clients. The information collected using conversion cookies is used by Google to create conversion statistics for Ads clients who have opted for conversion tracking. These statistics show us the total number of users who have clicked on our adverts and also which of our websites the relevant user subsequently visits. We do not receive any information that would enable us to personally identify you. The legal basis for the processing is your consent in conjunction with our legitimate interest.
Pixel Cookies and Tags
We use so-called Pixel Cookies and Tags (“Pixel Cookies”). A Pixel Cookie is an advertising tool and typically consists of a JavaScript code snippet that allows us to understand and track visitors' activity on our website. For this purpose, Pixel Cookies collect and process information about visitors of our website and the device used (so-called event data).
Event data collected through Pixel Cookies is used for targeting our advertisements and improving ad delivery and personalized advertising. For this purpose, the event data collected on our website by means of Pixel Cookies is transmitted to the relevant operator of the Pixel Cookie and, in part, also stored on your device. However, this only happens with your consent, and we and the relevant operator of the Pixel Cookie are considered joint controllers. Nonetheless, for the subsequent processing of the transmitted event data, the relevant operator of the Pixel Cookie is the sole controller.
For more information about how the relevant operator of the Pixel Cookie processes personal data, including the legal basis on which they rely on and how you can exercise your rights, please refer to the following Privacy Policies: Facebook and Instagram.
HOW TO MANAGE COOKIES
In your browser
You also can manage your cookies preferences using the following links for some of the most popular internet browsers: Edge, Google Chrome, Firefox, Safari, Opera.
Cookie preference pop-up
We also offer a cookie preference pop-up when you first visit our website. This pop-up is a consent tool and allows you to specify your preference about cookies. You can accept or reject them or access this cookie policy before giving your consent to cookies or rejecting them.
Advertising personalization or retargeting/tracking opt-out
In addition, if you do not wish to participate in advertising personalization or retargeting/tracking, you can object to behavioural advertising at the following websites: Your Online Choices, Digital Advertising Alliance of Canada, Network Advertising Initiative, AdChoices the European Interactive Digital Advertising Alliance (Europe only), Facebook Ad Settings, Instagram Ad Settings, and Google Ad Settings.
HELP AND COMPLAINTS
If you have any questions about this policy or the information we hold about you, please contact us using support@nofilterpromotions.ca with “Data Protection” in the subject line.
CHANGES
The first version of this policy was issued on Wednesday, December 18th, 2024, and is the current version. Any prior versions are invalid, and if we make changes to this policy, we will revise the effective date.