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Acceptance of the Agreement
This website’s terms of use for MyFavSexCams.xxx constitutes a legal agreement and is entered into between you and 4th Whale Marketing Inc. (“Company,” “we,” “us,” “our”). The following terms, together with any documents or additional terms it expressly incorporates by reference (collectively, this “agreement”), govern your access to and use of, including any content, functionality, and services offered on or through MyFavSexCams.xxx (“Website”).
By using the Website or by clicking to accept the agreement, you accept and agree to be bound and comply with this agreement and our política de Privacidade, incorporated by reference. You must not access or use the Website if you do not agree to this agreement or the Privacy Policy.
By using this Website, you state that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all the preceding eligibility requirements. By accessing this Website, you affirm that you are of legal age in your jurisdiction to view adult content. You acknowledge that the Website contains material of a sexually explicit nature and you are accessing it willingly and at your own risk. If you do not meet all these requirements, you must not access or use the Website.
This agreement requires the use of arbitration on an individual basis to resolve disputes rather than class actions.
Modifications to the Agreement and to the Website
We reserve the right in our sole discretion to revise and update this agreement from time to time. All those modifications are effective immediately on posting and apply to all access to and continued use of the Website. You must periodically review the agreement to be aware of any such modifications and your continued use shall be your acceptance of these.
The information and material on this Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, any part of the Website is restricted to users or unavailable at any time or for any period.
Nature of Website
The Website is an online platform dedicated to providing comprehensive, honest, and informed reviews of adult entertainment websites. Our content, designed for individuals who are at least 18 years of age or the legal age of majority in their jurisdiction, offers insights and evaluations to guide their choices in adult websites. Please be advised that our content may include explicit language and references to adult themes.
We endeavor to ensure the accuracy and relevance of our reviews but do not guarantee the completeness, reliability, or timeliness of the information presented. Content on reviewed websites might change; we encourage users to verify current offerings directly with the providers. Our reviews are informational and educational only and should not be construed as endorsements of any websites.
Users are advised to exercise judgment and abide by applicable laws regarding adult content. The Company will not be liable for content on external linked websites.
Under 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that might help in limiting access to material that is harmful to minors. You can find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using these products, which the Company provides for informational purposes only and does not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
Affiliate Disclosure
The Website participates in affiliate marketing programs. This means we may earn a commission if you choose to purchase a subscription or service through the affiliate links provided in our reviews. These links are provided for your convenience and to support the ongoing operation of the site.
Our affiliation is with various adult website providers. However, it is important to clarify that these affiliations do not influence the integrity of our reviews. Our commitment is to provide honest, unbiased reviews of the services offered by these websites.
We believe in transparency and building trust with our users. Hence, we disclose our affiliate relationships openly. Our goal is to provide valuable information to help you make informed decisions, but we encourage you to verify any claims and representations made in the reviewed websites before making a purchase.
Please note that clicking on our affiliate links will not result in any additional cost to you. Any commission earned comes at no extra expense to you and helps us continue providing high-quality content.
Your Use of the Website and Account Set Up and Security
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of this agreement and comply with it. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Your provision of registration information and any submissions you make to the Website through any functionality, including applications, chat rooms, email, message boards, personal or interest group web pages, profiles, forums, bulletin boards, and other like functions (collectively, “Interactive Functions”) constitutes your consent to all actions we take regarding that information consistent with our política de Privacidade.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information. You understand that should you be provided an account, your account is personal to you, and you must not provide any other person with access to this Website or portions of it using your username, password, or other security information. You must notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also must ensure that you logout from your account at the end of each session. You are responsible for any password misuse or unauthorized access.
We may, on one or more occasions, disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, for any reason, including any violation of any provision of this agreement.
You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (1) accessing content and data that is not intended for you; (2) attempting to breach or breaching the security or authentication measures that are not authorized; (3) restricting, disrupting or disabling service to users, hosts, servers, or networks; (4) illicitly reproducing TCP/IP packet header; (5) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (6) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (7) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (8) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (9) otherwise attempting to interfere with the proper working of the Website.
Intellectual Property Rights and Ownership
You understand that the Website and its entire contents, features, and functionality, including but not limited to, all information, software, code, data, text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of that material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The Company name, the Website logo, and all related names, logos, product and service names, designs, images, and slogans are service marks, trademarks, and trade names of the Company or its affiliates or licensors. You must not use those marks without the Company’s prior written permission. Other names, logos, product and service names, designs, images, and slogans mentioned or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You must only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website in any form or medium except:
Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print off, copy, or download any part of our Website in breach of this agreement, your right to use the Website will terminate immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and the Company reserves all rights not expressly granted. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
Conditions of Use and User Submissions and Site Content Standards
As a condition of your access and use of the Website, you must use the Website only for lawful purposes and in accordance with this agreement.
The following site content standards apply to any content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to the Website or to other users or persons (collectively, “User Submissions”) and any Interactive Functions. All User Submissions must also comply with all federal, provincial, local, and international laws, regulations, and terms of service.
Without limiting the preceding, you state that your use of the Website and any User Submissions will not:
User Submissions: Grant of Licence
The Website may contain Interactive Functions allowing User Submissions on or through the Website.
None of the User Submissions you submit to the Website will be subject to any confidentiality by the Company. By providing any User Submission to the Website, you hereby grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to nonparties any such material for any purpose and according to your account settings or incorporate that material into any form, medium, or technology throughout the world without compensation to you. You further hereby waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
By submitting the User Submissions, you state that you own or have the necessary rights to submit the User Submissions and have the right to grant the license of it to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with this agreement. You state that all User Submissions comply with laws and regulations and the Conditions of Use and User Submissions and Site Content Standards set out in this agreement.
You understand that you, not the Company nor Company’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any nonparty, for that content and its accuracy. We are not responsible or legally liable to any nonparty for the content or accuracy of any User Submissions submitted by you or any other user of the Website.
Site Monitoring and Enforcement, Suspension, and Termination
Company has the right, without provision of notice to:
You hereby waive and shall indemnify the Company and its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors against any claims resulting from any action taken by the Company and any of the preceding parties relating to any, investigations by either the Company or those parties or by law enforcement authorities.
We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or nonparty, subject to law.
No Reliance
The reviews and content provided on this Website represent the subjective opinions of our reviewers and are based on their individual experiences and assessments of the reviewed websites. They are not to be taken as unequivocal facts. Users should consider that experiences can vary widely and are advised to use our reviews as one of several sources of information in making their own decisions about adult entertainment websites. The Company is not responsible for any actions taken based on the information provided in our reviews.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability for your use of this Website.
This Website might include content provided by nonparties, including from other users and nonparty licensors. All statements or opinions expressed in any such nonparty content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the Company’s opinion. Neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability to you, or any nonparty, for the content or accuracy of any nonparty materials.
Privacy
By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our política de Privacidade, as we consider necessary for use of the Website.
By using this Website you are consenting to the use of cookies that allow a server to recall previous requests or registration or IP addresses or both to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website might not function adequately. For more information on these automated information-gathering practices, see our Cookie Policy.
Nonparty Websites
For your convenience, this Website may provide links or pointers to nonparty sites. We make no statements about any other websites that might be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such nonparty sites and accept no responsibility for those sites or for any loss or damage that might arise from your use of them. You are subject to any terms and conditions of those nonparty sites.
Those links to nonparty sites from the Website might include links to certain social media features that enable you to link or transmit on your own or, using certain nonparty websites, certain content from this Website. You may only use these features when they are provided by us and solely regarding the content identified.
You may link to our homepage on condition that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Website must not be framed on any other site, nor shall you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Conditions of Use and User Submissions and Site Content Standards. You must cooperate with us in causing any unauthorized framing or linking to immediately stop.
Geographic Restrictions
The owner of the Website is based in Quebec, Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
Warranty Disclaimers
You understand that your use of the Website, its content, and any services or items found or attained through the Website is at your own risk. The Website, its content, and any services or items found or attained through the Website are provided on an “as is” and “as available” basis, without any warranties or conditions, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The preceding does not affect any warranties that cannot be excluded or limited under law.
Neither the Company nor its parent, subsidiaries, affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors make any warranty, representation, or endorsement regarding the completeness, security, reliability, suitability, accuracy, currency, or availability of the Website or its contents. Without limiting the preceding, neither the Company nor its parent, subsidiaries, affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors warrant that the Website, its content, or any services or items found or attained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Website or the server that makes it available are free of viruses or other harmful components.
We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Website and your computer, internet, and data security. To the extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing, or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items found or attained through the Website or to your downloading of any material posted on it, or on any website linked to it.
Limitation on Liability
Except where these exclusions are prohibited by law, under no circumstance will the Company nor its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort, breach of contract, breach of privacy, or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the Website, any linked websites or those other nonparty websites, nor any website content, materials, posting, or information on it.
Indemnification
To the extent permitted by law, you shall indemnify the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns against any claims, liabilities, damages, judgments, awards, losses, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of this agreement or your use of the Website, including, but not limited to, your User Submissions, nonparty sites, any use of the Website’s content, services, and products other than as expressly authorized in this agreement.
Governing Law and Choice of Forum
Quebec law governs all adversarial proceedings arising out of this agreement or use of the Website.
As the exclusive means of bringing adversarial proceedings to resolve any dispute arising out of this agreement or the subject matter of this agreement not subject to arbitration, a party may bring such a proceeding in the Federal Court of Canada or in a provincial court of Quebec. Each party hereby waives any claim that any proceeding brought in accordance with this paragraph has been brought in an inconvenient forum or that the venue of that proceeding is improper.
Arbitration; Class Action Waiver
As the exclusive means of bringing adversarial proceedings to resolve any dispute arising out of this agreement or the Website, a party may demand that the dispute be resolved by arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules. Judgment on any award rendered in any such arbitration may be entered in any court having jurisdiction.
Any arbitration commenced in accordance with this paragraph must be conducted by one arbitrator.
An arbitration commenced in accordance with this paragraph must be conducted in the English language.
An arbitration commenced in accordance with this paragraph must be conducted in Montreal, Quebec.
The arbitrator must not award punitive damages besides compensatory damages. Each party hereby waives any right to recover any such damages in any arbitration.
All claims arising out of or relating to this agreement or the Website must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise in writing, the arbitrator must not consolidate more than one person’s claims.
Time Limit to File Claims
Apart from proceedings arising from a claim for Indemnification, neither party may initiate adversarial proceedings to resolve any dispute arising out of this agreement or the Website more than one year after the date that dispute arose.
Waiver
No waiver of any provision of this agreement will be effective unless it is in writing and signed by the party granting the waiver. No failure or delay in exercising any right or remedy under this agreement will operate as a waiver of that right or remedy. A waiver granted on one occasion will not operate as a waiver on future occasions.
Severability
If any term or provision of this agreement is invalid, illegal, or unenforceable in any jurisdiction, that invalidity, illegality, or unenforceability will not affect any other term or provision of this agreement or invalidate or render unenforceable that term or provision in any other jurisdiction.
Entire Agreement
This agreement constitutes the entire understanding between the parties regarding the Website. You acknowledge that because you have not relied on, and will not be relying on, any statements made by the Company regarding the Website, you will have no basis for bringing any claim for fraud in connection with any such statements.
Terms in English; Translation of agreement
THIS DOES NOT APPLY IF YOU RESIDE IN THE PROVINCE OF QUEBEC. It is the express wish of the parties that these terms and any directly or indirectly related documents be drawn up in English. Any translation of this user agreement is provided solely for your convenience and is not intended to modify the terms of this user agreement. In the event of a conflict between the English version of this user agreement and a version in a language other than English, the English version shall control.
Les parties ont exprimé la volonté expresse que les présentes modalités et tous les documents s’y rattachant directement ou indirectement soient rédigés en anglais. Toute traduction de ces conditions d’utilisation est uniquement fournie pour votre commodité et ne vise pas à modifier les modalités de ces conditions d’utilisation. En cas de conflit entre la version en anglais de ces conditions d’utilisation et une version dans une langue autre que l’anglais, la version en anglais prévaudra.
Reporting and Contact
This Website is operated by 4th Whale Marketing Inc., 7245 Rue Alexandra, Suite 307, Montreal, Quebec H2R 2Y9.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner set out in it.
Should you become aware of misuse of the website, including libelous or defamatory conduct, you must report it to the Company at [email protected]
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to [email protected]
Cookies are small files of letters and numbers stored on your browser or device that enable the cookie owner to recognize the device when it visits websites or uses online services. The website you visit may set cookies directly, known as first-party cookies, or may trigger cookies set by other domain names, known as third-party cookies. While we may automatically use some cookies that are strictly necessary to provide the services you request or enable communications, we request your consent for all our other cookie uses.
We may use the following types of cookies:
Our política de Privacidade describes our practices for any personal data that our first-party cookies collect, store, or use.
Except for strictly necessary cookies, all first-party cookies set by this site will expire no later than two years after your last website visit. Third-party cookie expiration periods are set by their respective owners.
The cookies we use may process, store, or transfer personal data in and to a country outside your own, with privacy laws that provide different, possibly lower, protections. You consent to this transfer, storing, or processing when you consent to our cookie use. We are based in Canada, but our servers are located in Canada. Please review the third-party cookie provider’s policy to learn more about its location.
You may withdraw your consent for our cookie uses that are not strictly necessary at any time by clicking below.
Most web browsers allow you to directly block all cookies, or just third-party cookies, through your browser settings. Using your browser settings to block all cookies, including strictly necessary ones, may interfere with proper site operation.
We will post any changes to how we use cookies on this page and indicate on our website that we updated this cookie notice. If the changes materially alter how we use cookies, we will post a notice on our website and request your consent for the materially different use. Please check back frequently to see any updates or changes to our cookie use notice.
Please submit any questions, comments, or requests regarding this cookie use notice using the process described in our política de Privacidade.
Any actual human beings depicted in images appearing on this website were over the age of 18 years at the time those images were recorded.
The operators of this website are not the “producers” of any depictions of actual or simulated sexually explicit conduct that may appear on this website. More specifically, the operators of this website limit their handling of such content and only perform the activities of transmission, storage, retrieval, hosting, and/or formatting of material that may depict sexually explicit conduct, all of which material appears on the website as the result of actions taken by third-party users of the website. All portions of the website that contain such user-generated material are under the control of the relevant user, for whom this website is provided as an online service by its operators. Pursuant to 18 U.S.C. § 2257(h)(2)(B)(v) and 47 U.S.C. § 230(c), the operators of this website reserve the right to delete materials appearing on the site as the result of actions taken by the website’s users, which materials are deemed, in the operator’s sole discretion, to be indecent, obscene, defamatory, or inconsistent with the policies and terms of service for this website.
To the extent that any images appear on the website, for which the operators of this website may be considered the “producer,” those images are exempt from the requirements of 18 U.S.C. § 2257 and 28 C.F.R. § 75 for one or more of the following reasons: (i) the produced images do not portray any sexually explicit conduct defined in 18 U.S.C. §§ 2256(2)(A); (ii) the produced images do not portray depictions of the genitals or pubic area created after July 27, 2006; (iii) the produced images do not portray simulated sexually explicit activity occurring after the effective date of 18 U.S.C. § 2257A; and/or (iv) the produced images were created prior to July 3, 1995.
Without limiting in any way the applicability of the above-stated exemptions, the operators of this website have designated the custodian, whose address appears below, to be the keeper of original records described in 18 U.S.C. § 2257 and 28 C.F.R. § 75 for all materials appearing on this website that fall into the following categories: (i) marketing and advertising materials that contain visual depictions of actual or simulated sexually explicit conduct, which materials have been acquired or created by the website’s operators for the purpose of promoting the website; or (ii) materials that are not exempt, as described above.
The aforementioned records and their custodian can be found at the following location:
Custodian of Records
4th Whale Marketing, Inc.
7245 Rue Alexandra, Suite 307
Montreal, Quebec, Canada H2R 2Y9
CopyrightsInfringement Notification Instructions
Thank you for visiting our website (the “Website”). These Copyright Infringement Notification Instructions are for copyright-related claims only. Should you have any comments, questions, concerns, or issues related to abuse, harassment, inappropriate content, or privacy issues, please contact us.
By utilizing the Website you agree that you have consulted with an attorney of your own choosing and at your own expense in order to fully understand all of your legal rights and obligations as a result of utilizing the Website and these Copyright Infringement Notification Instructions.
WARNING: PURSUANT TO 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING MAY BE SUBJECT TO LIABILITY OR DAMAGES. DO NOT MAKE FALSE CLAIMS OF COPYRIGHT INFRINGEMENT.
Should you desire to review the full Text of the Digital Millennium Copyright Act (“DMCA”), you may click HERE or should you desire to review a memorandum summarizing each title of the DMCA you may click HERE. The information contained at the aforementioned linked webpages is for your convenience only and we make no promises or representations related to the information contained therein including its accuracy.
Pursuant to 17 U.S.C. §512(k)(1) of the DMCA, this Website is a “Service Provider” and is entitled to certain protections commonly referred to as the “Safe Harbor” provisions.
If you believe that someone has posted material that infringes your copyright, a notification of a claimed copyright infringement must be provided via email or regular mail to us and must include the following information (the list below comes substantially straight from the statute 17 U.S.C. §512(c)(3); if you do not understand the language please seek independent legal advice):
Please send your Claim of Infringement to:
Corey D. Silverstein, Esquire
30150 Telegraph Road, Suite 444
Bingham Farms, MI 48025
Email: dmca.notice [at] ex-situ [dot] com
Failure to submit copyright infringement notifications as described above will result in no legal notice or action on behalf of 4th Whale Marketing Inc..
If you have received a Copyright Infringement Notification and you feel that material you have placed online that has been removed following an infringement complaint is in fact not an infringement, you may file a counter-notification. 17 U.S.C. §512 (g)(3) requires that to be valid, the counter-notification must be written and addressed to our designated agent (listed above) and must provide the following information (the list below comes straight from the statute; if you do not understand the language please seek independent advice):
Our designated agent will present your counter-notification to the Complaining Party. Once your counter-notification has been delivered, 4th Whale Marketing Inc., is allowed under the provisions of 17 U.S.C. §512 to restore the removed material in no less than 10, nor more than 14, business days, unless the Complaining Party notifies us that it has filed an action seeking a court order to restrain you, the subscriber, from engaging in infringing activity related to the material on 4th Whale Marketing Inc., Inc.’s system or network.
Please note that when we forward the counter-notification to the Complaining Party, it includes your personal information. By submitting a Counter-Notification, you consent to having your information revealed in this way.
4th Whale Marketing Inc., Inc. is not required to respond to counter-notifications that do not meet the requirements above.
In the event that, after you submit a Copyright Infringement Notification, you realize that you have either misidentified content, failed to comply with the requirements of the DMCA or that you simply changed your mind, you may retract your Copyright Infringement Notification by sending us a Notification of Retraction with all of the following:
This Website terminates the account(s) of any repeat copyright infringer, when appropriate and maintains a Repeat Infringer Policy pursuant to 17 U.S.C. § 512(i).
* * *
These Copyright Infringement Notification Instructions may be and shall be modified from time to time without notice. You are solely responsible for regularly reviewing these Copyright Notification Instructions.
Our Copyright Infringement Agent is not associated with this Website or the legal entity that controls this Website. Do not send any other information or material to our DMCA Agent.
Welcome to 4th Whale Marketing Inc.’s privacy policy.
4th Whale Marketing Inc. respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our websites (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
This privacy policy is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy policy.
This privacy policy aims to give you information on how 4th Whale Marketing Inc. collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up or purchase a product or service.
This website is not intended for children, and we do not knowingly collect data relating to children.
It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.
4th Whale Marketing Inc. is the controller and responsible for your personal data (collectively referred to as “4th Whale,” “we,” “us,” or “our” in this privacy policy).
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your EEA legal rights, please contact the data privacy manager using the details set out below.
If you have any questions about this privacy policy or our privacy practices, please contact our data privacy manager in the following ways:
Full name of legal entity: 4th Whale Marketing Inc.
Email address: [email protected]
Postal address: 7245 Rue Alexandra, Suite 307, Montreal, Quebec, Canada H2R 2Y9
If you reside in the UK, you have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). If you reside within the European Economic Area (EEA), you have the right to make a complaint at any time to the appropriate supervisory authority for your country of residence. See https://ec.europa.eu for these details. We would, however, appreciate the chance to deal with your concerns before you approach your supervisory authority, so please contact us in the first instance.
We keep our privacy policy under regular review. This version was last updated on August 20, 2024. Historic versions can be obtained by contacting us.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
This website may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store, and transfer different kinds of personal data about you, which we have grouped together as follows:
We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). We do not collect any information about criminal convictions and offenses.
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.
We use different methods to collect data from and about you, including through:
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Click here to find out more about the types of lawful basis that we will rely on to process your personal data.
Generally, we do not rely on consent as a legal basis for processing your personal data, although we will get your consent before collecting sensitive personal data or sending third-party direct marketing communications to you via email. You have the right to withdraw consent to processing your sensitive personal data or to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Purpose/Activity
Type of data
Lawful basis for processing including basis of legitimate interest
To register you as a new customer
(a) Identity
(b) Contact
Performance of a contract with you
To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy
(b) Asking you to leave a review or take a survey
(a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to partake in a prize draw, competition, or complete a survey
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them, and grow our business)
To administer and protect our business and this website (including security, fraud, troubleshooting, data analysis, testing, system maintenance, support, reporting, and hosting of data)
(a) Identity
(b) Contact
(c) Technical
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud, and in the context of a business reorganization or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Technical
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business, and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships, and experiences
(a) Technical
(b) Usage
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business, and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you
(a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile
(f) Marketing and Communications
Necessary for our legitimate interests (to develop our products/services and grow our business)
To allow you to sign up or log in using your Google or Twitter account
Social Media Login
Performance of a contract with you
Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:
Promotional offers from us
We may use your Identity, Contact, Technical, Usage, and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services, and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.
Third-party marketing
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
Opting out
You can ask us or third parties to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences, by following the opt-out links on any marketing messages sent to you, or by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product or service purchase, product or service experience, or other transactions.
Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy.
Change of purpose
We will only use your personal data for the purposes for which we collected it unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you, and we will explain the legal basis that allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
We may share your personal data with the parties set out below for the purposes stated in the table (Purposes for which we will use your personal data ) above.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
We are based in Canada, but our servers are located in the United States. We may process, store, and transfer the personal data we collect, in and to a country outside your own, with different privacy laws that may or may not be as comprehensive as your own. Where we do so, and where we are required to under local law, we will put in place appropriate mechanisms to ensure that your personal data receives an adequate level of protection where it is processed.
If you are located in the European Economic Area ( EEA ), your personal data may be processed outside of the EEA, including, for example, in Canada and the United States, so processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors, and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation with respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.
In some circumstances you can ask us to delete your data: see accessing and correcting your personal data e your EEA legal rights below for further information.
In some circumstances we will anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
You can access, review, and change your personal data by logging in the website and visiting your account profile page.
You may also send us an email at [email protected] to request access to, correct, or delete any personal data that you have provided to us. We cannot delete your personal data except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or negatively affect the information’s accuracy.
If you delete your user contributions from the website, copies of your user contributions may remain viewable in cached and archived pages or might have been copied or stored by other website users.
Do Not Track (“DNT”) is a privacy preference that you can set in your browser. DNT is a way for you to inform websites and services that you do not want certain information about your webpage visits collected over time and across websites or online services. We are committed to providing you with meaningful choices about the information we collect and that is why we provide you the ability to opt out. But we do not recognize or respond to any DNT signals as the Internet industry works toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. For more information, visit www.allaboutdnt.com .
If you are a California resident, you are granted specific rights regarding access to your personal data. California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the name and addresses of all third parties with which we shared personal data in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided above.
We comply with Canadian Federal and Provincial privacy laws and regulations, including the Personal Information Protection and Electronic Documents Act.
We will only use your personal information for the purposes intended and as detailed in this policy unless we have obtained your consent to use it for other purposes.
Residents of Canada are notified that the personal data they provide to us is stored in our databases outside of Canada, including in the United States, and may be subject to disclosure to authorized law enforcement or government agencies in response to lawful demand under the laws of that country.
You may withdraw your consent to our personal data collection, use, or disclosure, subject to legal and contractual restrictions.
You have the right to complain about our personal data handling practices.
If you need to contact us about your personal data or believe that we have violated your privacy rights, please contact us using the contact information provided above. You may visit www.priv.gc.ca for more information about your privacy rights.
If you reside in the EEA, under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:
If you wish to exercise any of the rights set out above, please contact us.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally, it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Lawful Basis
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
Third Parties
External Third Parties
Your EEA Legal Rights
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request the erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling, legitimate grounds to process your information, which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information that you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.