Kelly Szott Photography
Silent Salesman cares about the safety of children. Because the Services are not directed towards children under 18, they are not allowed to register with or use the Services or provide personal data. We do not knowingly collect personal information from anyone under the age of 18.
I. WHAT KIND OF INFORMATION DO WE COLLECT?
Depending on which Services you use, we collect different kinds of information from or about you.
A. Things you do and the information you provide
We collect the content and other information you provide when you use our Services, including when you sign up for an account, create or share content, and communicate with others. This can include information in or about the content you provide, such as the location of a photo or the date a file was created. We also collect information about how you use our Services, such as the types of content you view or engage with or the frequency and duration of your activities.
B. Things others do and the information they provide
We also collect content and information that other people provide when they use our Services, including information about you, such as when they share a photo of you, send a message to you, or upload, sync or import your contact information.
C. Your networks and connections
We collect information about the people and groups you are connected to and how you interact with them, such as the people you communicate with the most or the groups you like to share with. We also collect contact information you provide if you upload, sync or import this information (such as an address book) from a device.
D. Information about payments
If you use our Services for purchases or financial transactions, we use third party payment processing companies to process your payments. Although we collect information about the purchase or transaction, Silent Salesman does not collect or store your credit or debit card number and other card information or account and authentication information.
E. Device information
We collect information from or about the computers, phones, or other devices where you install or access our Services, depending on the permissions you’ve granted. We may associate the information we collect from your different devices, which helps us provide consistent Services across your devices. Here are some examples of the device information we collect:
- Attributes such as the operating system, hardware version, device settings, file and software names and types, battery and signal strength, and device identifiers.
- Device locations, including specific geographic locations, such as through GPS, Bluetooth, or WiFi signals.
- Connection information such as the name of your mobile operator or ISP, browser type, language and time zone, mobile phone number and IP address.
F. Information from third-party websites and apps that use our Services
We collect information when you visit or use third-party websites and apps that use our Services. This includes information about the websites and apps you visit, your use of our Services on those websites and apps, as well as information the developer or publisher of the app or website provides to you or us.
G. Information from third-party partners
We sometimes receive information about you and your activities on and off Silent Salesman from third-party partners, such as information from a partner when we jointly offer services or from an advertiser about your experiences or interactions with them.
II. HOW DO WE USE THIS INFORMATION?
We are passionate about creating engaging and customized experiences for people. We use all of the information we have to provide and support our Services. Here’s how:
A. Technical and functional management of the Platform and App
When you visit our Platform, our website administrators process technical data such as your IP-address, visited Silent Salesman web pages, the internet browser you use, and the duration of a visit/session to enable us to deliver the functionalities of the Platform. In addition, in certain instances, the browser may prompt you for your geo-location to allow us to provide you with an enhanced experience. With this technical data, our website administrators can manage the Platform, by resolving, for instance, technical difficulties or improving the accessibility of certain parts of the Platform. This way, we ensure that you can (continue to) find the information on the Platform in a quick and simple manner.
When you use our App, we also process technical data such as your IP-address, Device ID or MAC-address, and information about the manufacturer, model, and operating system of your mobile device. We use this data to enable us to deliver the functionalities of the App, resolve technical difficulties, provide you with the correct and most up to date version of the App and to improve the function of the App.
B. Customer Service
When you register as a user, we will collect identifying information such as your name, gender, date of birth, email address, country, language, password, mobile phone number, IP-address, and/or MAC-address. We also collect background information about you such as information about your interests and hobbies.
C. Provide, improve and develop Services.
We are able to deliver our Services, personalize content, and make suggestions for you by using this information to understand how you use and interact with our Services and the people or things you’re connected to and interested in on and off our Services. We also use the information we have to provide shortcuts and suggestions to you.
When we have location information, we may use it to tailor our Services for you and others.
We conduct surveys and research, test features in development, and analyze the information we have to evaluate and improve products and services, develop new products or features, and conduct internal reviews and troubleshooting activities.
D. Communicate with you.
We use your information to send you marketing communications, communicate with you about our Services and let you know about our policies and terms. We also use your information to respond to you when you contact us.
E. Processing payments
When you register as a User, you provide your credit card information directly to our payment processing provider as identified above in order to process payments for your requests.
F. Show and measure ads and services
We use the information we have to improve our advertising and measurement systems so we can show you relevant ads on and off our Services and measure the effectiveness and reach of ads and services.
G. Promote safety and security
We use the information we have to help verify accounts and activity, and to promote safety and security on and off of our Services, such as by investigating suspicious activity or violations of our terms or policies. We work hard to protect your account using advanced technology such as automated systems, encryption and machine learning.
If you choose to use our referral feature in the App or Platform to tell a friend about our Service, you will be prompted to enter your friend’s email address or mobile phone number or log into your preferred social network. If you elect to refer a friend, we will automatically populate a message for you to send to your friend inviting him or her to try the Service on your behalf. However, the actual message will be sent via your mobile device or social network and you will be able to edit the final message before you send it. We do not store your friend's data.
I. Administrating Public Forums
The Platform and the App may offer publicly accessible blogs and community forums. We will use your personal data such as your name, email address, the messages or content you choose to post to administrate and provide you with these services. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, please contact us at support (at) Silent Salesman (dot) com
III. HOW IS THIS INFORMATION SHARED?
People use our Services to connect and share certain information with others. We make this possible by sharing your information in the following ways:
A. People you share and communicate with
Public information is any information you share with a public audience, as well as information in your public profile, or content you share on a Silent Salesman forum or another public forum. Public information is available to anyone on or off our Services and can be seen or accessed through online search engines, APIs, and offline media. In some cases, the people you share and communicate with may download or re-share this content with others on and off our Services.
B. People that see content others share about you
Other people may use our Services to share content about you with the audience they choose. For example, people may share information about you that you shared with them.
C. Apps, websites and third-party integrations on or using our Services
When you use third-party apps, websites or other services that use, or are integrated with, our Services, they may receive information about what you post or share.
D. Sharing With Third-Party Partners and Customers
We work with third party companies who help us provide and improve our Services or who use advertising or related products, which makes it possible to operate our companies and provide free services to people around the world. Here are the types of third parties we can share information with about you:
i. Advertising, Measurement and Analytics Services (Non-Personally Identifiable Information Only).
We want our advertising to be as relevant and interesting as the other information you find on our Services. With this in mind, we use all of the information we have about you to show you relevant ads. We do not share information that personally identifies you (such as your name or email address that can be used to contact you or identify who you are) with advertising, measurement or analytics partners unless you give us permission. We may provide these partners with information about the reach and effectiveness of their advertising without providing information that personally identifies you, or if we have aggregated the information so that it does not personally identify you.
ii. Vendors, service providers and other partners.
We transfer information to vendors, service providers, and other partners who globally support our business, such as providing technical infrastructure services, analyzing how our Services are used, measuring the effectiveness of ads and services, providing customer service, facilitating payments, or conducting academic research and surveys.
IV. HOW CAN I MANAGE OR DELETE INFORMATION ABOUT ME?
We store data for as long as it is necessary to provide products and services to you and others, including those described above. Information associated with your account will be kept until your account is deleted, unless we no longer need the data to provide products and services.
You can deactivate your account any time by contacting us. However, when you deactivate your account, we may not delete your user data such as claims history and community court voting record, as well as things you have posted such as your comments, photos and messages. Keep in mind that information that others have shared about you is not part of your account and will not be removed when you deactivate your account.
If you reside within the European Union (EU) and the European Economic Area (EEA) and you wish to update, remove, or add to the information collected by our Website, you may submit your request to email@example.com. Alternatively, if you only wish to view and update your own contact information held by the Silent Salesman Marketing team, you can do so by contacting firstname.lastname@example.org.
Silent Salesman has taken appropriate technical and organizational security measures against loss or unlawful processing of your personal data. To this purpose, your personal data are securely stored within our database, and we use standard, industry-wide, commercially reasonable security practices such as encryption, firewalls and SSL (Secure Socket Layers) as well as physical safeguards of the locations where data are stored.
However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet. Any transmission of information by you to Silent Salesman is at your own risk. We recommend that you do not disclose your password to anyone.
The Platform uses 'cookies.' A cookie is a small text file that we place on your computer or mobile device to enable various features of the Platform. You can change your cookie settings to accept or not accept cookies in your browser settings. The Platform uses the following cookie categories:
VIII. YOUR RIGHTS
As a user, you have the right to information regarding your personal account, including information that you've provided to us. You may at any time request correction or erasure of your personal data and object to any processing of your personal data by emailing us at support (at) Silent Salesman (dot) com. We will respond to your access and/or correction request within four weeks. You may also amend your personal details and withdraw any given consent using your Silent Salesman account.
IX. HOW DO WE RESPOND TO LEGAL REQUESTS OR PREVENT HARM?
We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; to prevent death or imminent bodily harm. For example, we may provide information to third-party partners about the reliability of your account to prevent fraud and abuse on and off of our Services. Information we receive about you, including financial transaction data related to purchases made with Silent Salesman, may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm. We also may retain information from accounts disabled due to violations of our terms for at least a year to prevent repeat abuse or other violations of our terms.
X. HOW WILL WE NOTIFY YOU OF CHANGES TO THIS POLICY?
A. We may amend this Privacy Statement and other policies without prior notification to you.
B. If we make material changes to policies, guidelines or other terms referenced in or incorporated by this Privacy Statement, we will provide notice on the Platform.
C. Your continued use of Silent Salesman, following changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
XI. HOW TO CONTACT Silent Salesman WITH QUESTIONS
If you have questions about this policy, please contact us.
Date of Last Revision: January 03, 2019
TERMS & CONDITIONS
This agreement ('Agreement') was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. This Agreement contains terms and conditions ('User Terms') that apply to your visit to and use of our website at silentsalesman.ca (the 'Platform'), our mobile application (the 'App'), content, products, and services which we call the 'Services.' SilentSalesman.ca is an online platform owned by Silent Salesman Technologies. References to ‘Silent Salesman’, ‘we’, ‘our’ or similar terms mean Silent Salesman Technologies. These User Terms govern our relationship with you and other users who interact with the Services.
1. Silent Salesman Technologies
Your contracting partner is Silent Salesman, established in Delaware, USA.
2. How is a contract closed between Silent Salesman and you?
By using the Services, you enter into a contract with Silent Salesman and agree to these User Terms, as updated from time to time in accordance with Section 14 below.
You have to be 18 years of age or older to use the Services. If you reside in a jurisdiction that restricts the use of the Services because of age or restricts your ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Platform, App, or Services. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these User Terms and use the Services.
We may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with these User Terms, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service.
PLEASE READ THESE USER TERMS CAREFULLY BEFORE USING OUR WEBSITE, APP OR SERVICES.
Subject to your compliance with these Terms, Silent Salesman grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the Platform and App on your personal device solely in connection with your use of the Services; and (ii) access and use of any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Silent Salesman and Silent Salesman's licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Silent Salesman; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
6. Sharing your content and information
You own all of the content and information you provide to Silent Salesman. In addition:
A. For content that is covered by intellectual property rights such as, photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Silent Salesman (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
B. When you delete your account including any IP content shared via your account, your IP content may not be deleted. In addition, you understand that any removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
C. When you use a specific service, you may be asked for permission to access your content and information as well as content and information that others have shared with you.
D. We always appreciate your feedback or other suggestions about Silent Salesman, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Silent Salesman safe and this includes the following commitments by you:
A.You will not disseminate unauthorized commercial communications (such as spam) on Silent Salesman.
B. You will not collect users'' content or information, or otherwise access Silent Salesman, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
C. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Silent Salesman.
D. You will not upload viruses or other malicious code.
E. You will not solicit login information or access an account belonging to someone else.
F. You will not bully, intimidate, or harass any user.
G. You will not upload or otherwise post content that: is hate speech, threatening, or pornographic; incites violence or contains nudity or graphic or gratuitous violence.
H. You will not use Silent Salesman to do anything unlawful, misleading, malicious, or discriminatory.
I. You will not do anything that could disable, overburden, or impair the proper working or appearance of Silent Salesman, such as a denial of service attack or interference with page rendering or other Silent Salesman functionality.
J. You will not facilitate or encourage any violations of these User Terms or our policies.
8. Registration and security
You the user are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs within your account. The user agrees to notify Silent Salesman immediately of any unauthorized use of the user’s account or password, or any other breach of security that has taken place. You may be held liable for losses incurred by Silent Salesman or any other user or visitor to the platform due to someone else using your password or account as a result of you failing to keep your account information secure and confidential.
You may not use anyone else’s Silent Salesman identification, password or account at any time.
Silent Salesman users provide their real names and information. You agree that:
A. You will not provide any false personal information on Silent Salesman, or create an account for anyone other than yourself without permission.
B. You will not use your account primarily for your own commercial gain, and will not use Silent Salesman for such purposes.
C. You will keep your contact information accurate and up-to-date.
D. You will not share your account, let anyone else access your account, or do anything else that might jeopardize the security of your account.
E. You will not transfer your account to anyone without first getting our written permission.
9. Protecting other people’s rights
A. We respect other people's rights and expect you to do the same.
B. You will not post content or take any action on Silent Salesman that infringes or violates someone else's rights or otherwise violates the law.
C. We can remove any content or information you post on Silent Salesman or otherwise disseminate via Silent Salesman if we, in our sole discretion, believe that it violates this User Terms Statement, our policies, or the rights of any other users.
D. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, please contact us at support (at) Silent Salesman (dot) com.
E. If you repeatedly infringe on other people's intellectual property rights, we will disable your account.
F. You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by Silent Salesman.
G. You will not post anyone's identification documents or sensitive financial information on Silent Salesman.
H. You will not copy, forward, redirect, or otherwise communicate to any third party the identification documents you see on Silent Salesman.
10. Mobile and other devices
A. If you use a mobile device to access Silent Salesman, your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
B. You provide consent and all rights necessary to enable users to view, via their mobile devices, any information that is visible to them on the Platform.
11. About advertisements and other commercial content served or enhanced by Silent Salesman
We may deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
A. We do not give your content or information to advertisers without your consent.
B. You understand that we may not always identify paid services and communications as such.
12. Third party interactions
13. Term and termination of the contract
The Contract between Silent Salesman and you is concluded for an indefinite period. You are entitled to terminate the Agreement at all times by permanent deletion of your user account. To do this, you must contact us through support (at) Silent Salesman (dot) com and follow the instructions for removal. Silent Salesman is entitled to terminate the Agreement at all times and with immediate effect (by disabling your use of the Platform and Services) if you:
A. Violate or breach any of these User Terms.
B. In the opinion of Silent Salesman, misuse the Platform, the App, or the Services.
Silent Salesman is not obliged to give notice of the termination of the Agreement in advance. After termination Silent Salesman will give notice thereof in accordance with the User Terms.
You understand that use of the Services may result in payments by you for or as part of the services you receive ('Charges'). After you have received services obtained, Silent Salesman will facilitate payment of the applicable Charges by redirecting you to our third party payment processing agent.
All Charges are due immediately.
Silent Salesman reserves the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time at Silent Salesman's sole discretion. Silent Salesman will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your account regardless of your awareness of such Charges or the amounts thereof. Silent Salesman may, from time to time, provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services. You agree that such promotional offers and discounts, shall have no bearing on your use of the Services or the Charges applied to you.
15. Handling Fee
a) Any purchase of credit through a 3rd party will be subject to a handling fee.
b) Any credit payout through a 3rd party will require a handling fee to process such payment to the user.
The following is a list of our handling fees:
Paypal (purchase): 2.9% of the transaction amount + $0.30 CAD.
PayPal (payout): 2.9% of the transaction amount + $0.30 CAD.
Cheque (payout): FREE
A. We may amend these User Terms and other policies without prior notification to you.
B. If we make material changes to policies, guidelines or other terms referenced in or incorporated by these User Terms, we will provide notice on the Platform.
C. Your continued use of Silent Salesman, following changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
17. Iintellectual Property Ownership
A. Silent Salesman alone (and its licensors, where applicable) shall own all rights, title and interest, including all related intellectual property rights, in and to Silent Salesman, the Platform, the App and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to Silent Salesman, the Platform, the App or the Services.
B. These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to Silent Salesman, the Platform, the App, the Services, or any intellectual property rights owned by Silent Salesman. Silent Salesman's name, logo, and the product names associated with the Platform, the App and Services are trademarks of Silent Salesman, its affiliated companies or third parties, and no right or license is granted to use them.
18. International Transfers Of Your Information
19. Special Provisions Applicable To Software
A. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
B. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
20. Special Provisions Applicable To Advertisers
If you use Silent Salesman for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content (collectively, 'Advertising Activities'), you agree to comply with our Advertising Guidelines.
If you violate the letter or spirit of these User Terms, or otherwise create an unacceptable risk for other members of our community, or create possible legal exposure for us, we can stop providing all or part of Silent Salesman's services to you, and may terminate your Account. We will notify you by email or at the next time you attempt to access your account. You may also deactivate or delete your account at any time.
A. You will resolve any legal dispute you have with us arising out of or relating to these User Terms or Silent Salesman exclusively in accordance with DE Law. The laws of Delaware, U.S.A. will govern these User Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions and you agree to submit to the personal jurisdiction of courts located in Delaware, U.S.A. for the purpose of litigating all such claims.
B. If anyone brings a claim against us related to your actions, content or information on Silent Salesman, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Silent Salesman and are not responsible for the content or information users transmit or share on Silent Salesman. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Silent Salesman. We are not responsible for the conduct, whether online or offline, of any Silent Salesman user.
C. We try to keep Silent Salesman up, bug-free, and safe but you use it at your own risk. we are providing silent salesman as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that Silent Salesman will always be safe, secure or error-free or that Silent Salesman will always function without disruptions, delays or imperfections. Silent Salesman is not responsible for the actions, content, information, or data of third parties, and you release Silent Salesman Technologies, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected to any claim you have against any such third parties. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or silent salesman, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this statement or silent salesman will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. in such cases, silent salesman’s liability will be limited to the fullest extent permitted by applicable law.
23. Claims of Copyright Infringement
Claims of copyright infringement should be sent to Silent Salesman’s designated agent. Please contact support (at) silentsalesman.ca for the designated address and additional information.
A. This Agreement and any agreements linked herein makes up the entire agreement between the parties regarding Silent Salesman and supersedes any prior agreements.
B. If any portion of these User Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
C. If we fail to enforce any of these User Terms, it will not be considered a waiver.
D. Any amendment to or waiver of these User Terms must be made in writing and signed by us.
E. You will not transfer any of your rights or obligations under these User Terms to anyone else without our consent.
F. All of our rights and obligations under these User Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
G. Nothing in these User Terms shall prevent us from complying with the law.
H. These User Terms does not confer any third party beneficiary rights.
I. We reserve all rights not expressly granted to you.
J. You will comply with all applicable laws when using or accessing Silent Salesman.
Date of Last Revision: January 04, 2019