PRIVACY POLICY and TERMS & CONDITIONS

Privacy Policy

PRIVACY POLICY

Hervin Pesa/Aware Financial Inc. (“company,” “us,” “our,” or “we”) has prepared this Privacy Statement to ensure that the viewers of our website hervinpesa.com/awarefinancial.ca/awareinsurance.ca/awarefinancialplanning.com and all other affiliated websites and technology systems (collectively, the “Website”), and subscribers to our newsletter or other online services and products (collectively, the “Online Services”) are aware of our practices concerning information collected from users of the Website and subscribers and purchasers of Online Services (“Users”).

All information transmitted, submitted to, or acquired from, the Website shall be deemed to be the property of the company and we shall have the right to use such information for the purposes described herein to the extent that such use is consistent with applicable law.

1. Terms and Conditions of Use

This Privacy Policy is governed by the Terms of Service of the Website (“Terms of Service”). Please read the Terms of Service prior to using the Website or using, registering for, or purchasing a subscription to the Online Services. By using the Website, or using, registering for, or purchasing any Online Services, User agrees to be bound by the Terms of Service and this Privacy Policy.

2. Information Collected

When a User uses, registers for or subscribes for any Online Services, or interacts with the Website in other ways, such as by submitting questions or comments, or requesting information or materials, such User acknowledges and authorizes the company to collect the following information:

User’s domain name, IP address, and computer and web browser type; any information provided to the company by User through the submission of any forms, surveys and any other information received from User, including, but not limited to, email addresses regardless of whether provided by Users or otherwise acquired by us as a result of correspondence with Users, personally identifiable information, and financial and demographic information relative to Users; and any information relative to User’s utilization of the Website including information relative to what web pages Users visit or access. To accomplish the foregoing or for any other reason deemed permissible under applicable law, the company may utilize “cookies” on the Website. Cookies are pieces of information that a website transfers to a user’s hard drive for record-keeping purposes. The use of cookies is an industry standard and frequently used by many websites. The company may utilize cookies to recognize Users when they return to the Website. Through our use of cookies, we can customize and improve the use of the Website for Users.

3. Use of Information

All information collected may be utilized to enhance a User’s personal experience at the Website by enabling the company to present content believed to be tailored to each User’s individual interest profile. Contact information collected from Users may be utilized to send each such User information and promotional material from the company or its affiliates, partners or other third parties who have contracted with us. Information collected from Users may also be utilized by us to improve the Website or for the purpose of (i) conducting statistical analysis, (ii) developing, improving or analyzing marketing and promotional materials, (iii) providing editorial information or feedback to our affiliates, partners or advertisers, (iv) targeted telemarketing campaigns conducted by the company, or its affiliates, partners or advertisers, (v) communicating with Users via any electronic or other means deemed reasonable by us relative to updates to, among other things, the Website, this Privacy Policy and a User’s subscription agreement, if any, as well as products or services, events, promotions, and the status of User’s online orders and other Online Services. Users of the Website acknowledge and authorize the company to contact each User in accordance with the foregoing by telephone notwithstanding the fact that such User may have opted into the Federal Trade Commission’s National Do Not Call or other similar registry.

4. Third Party Disclosure

To the extent any User information is provided or collected by the company in accordance with this Privacy Policy, we reserve the right to share, lease, license, sell, or otherwise disclose any information relative to any User collected by the company to third parties with or without being compensated for such disclosure. The company will utilize its best efforts to disclose a User’s information only to those third parties that the company deems, in its sole discretion, to be reputable. Notwithstanding the foregoing, by utilizing the Website and/or Online Services, User hereby releases the company from any claims, damages, losses and liabilities resulting from or arising out of our disclosure of any such User’s information to any third party.

Notwithstanding anything to the contrary herein, we reserve the right to release and disclose any and all information relative to any User to law enforcement or other governmental officials as the company, in its sole and absolute discretion, deems necessary to comply with any applicable law or at the request any governmental entity or agency.

5.Access and Modification of Information

To the extent required by applicable law, User may request that the company inform User about the personal information maintained by us with respect to User, and where appropriate, request that the company update, correct and/or suppress personal information about User that we maintain. We will make all required updates and changes within the time specified by applicable law, and where permitted, may charge an appropriate fee to cover the costs of responding to such request. Please remember, if User makes such a request, the company may not be able to provide User with the same quality and/or variety of Online Services to which User is accustomed. User is permitted to remove User’s personal contact information from our marketing list by utilizing the “Unsubscribe” link located at the bottom of every email sent to Users by the company To protect User’s confidentiality, the company will only respond to the email address provided to us in User’s request.

6. Information From Minors

No information collected from children is knowingly used for any purpose whatsoever, either inside or outside the Website.

7. Anti-Spam Policy

The company seeks to ensure that it and third parties with whom it provides information relative to Users comply with all applicable law relative to contact with Users. In this regard, the company will only contact Users for the following purposes:

To acknowledge the company’s receipt of a User’s subscription application, online order or similar transaction, or to request additional information or action from User relative to any such transaction; in response to a User inquiry regarding the status of any transaction; periodic contact expressing our appreciation for User’s business or patronage; and communicating with User for those reasons described in Section 2 of this Privacy Policy.

In addition, the company has instituted the following protocols relative to electronic mail correspondence in order to facilitate our compliance with applicable law such as the Can-Spam Act, including among other things:

All emails sent to Users by the company will conspicuously identify us as the sender; the Subject of emails will accurately describe the subject matter of the contents thereof, including clearly and conspicuously stating that the e-mail message is an advertisement if applicable; email message will contain an “Unsubscribe” link located at the bottom thereof, which will allow the User to opt out of getting email from us in the future; and a current physical mailing address will be contained in all email communications, where the User can send suggestions, complaints or other correspondence.

8. Information Security

The company implements security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of User’s information. We restrict access to personal information to our business partners who may need such information in order to operate, develop or improve Online Services. Persons receiving such information are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

9. Amendment

We reserve the right to amend our Privacy Policy at our sole discretion and at any time. You should review the Privacy Policy periodically to check for amendments. We will post notice of modifications and additions to these terms on this page. Changes will not apply retroactively and will become effective immediately after they are posted. However, changes addressing new functions for an Online Service or changes made for legal reasons will be effective immediately.

Terms and Conditions

Welcome to Hervin Pesa

These terms and conditions outline the rules and regulations for the use of Hervin Pesa’s Website.  

Hervin Pesa is located at: 

Unit 328 1210 8th Street , CalgaryAlberta – T2R 1l3, Canada

 

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Hervin Pesa’s website 

if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice

and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website

and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers

to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client

or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake

the process of our assistance to the Client in the most appropriate manner, whether by formal meetings

of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect

of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law

of Canada. Any use of the above terminology or other words in the singular, plural,

capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.Cookies

We employ the use of cookies. By using Hervin Pesa’s website you consent to the use of cookies 

in accordance with Hervin Pesa’s privacy policy.Most of the modern day interactive web sites

use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site

to enable the functionality of this area and ease of use for those people visiting. Some of our 

affiliate / advertising partners may also use cookies.License

Unless otherwise stated, Hervin Pesa and/or it’s licensors own the intellectual property rights for

all material on Hervin Pesa. All intellectual property rights are reserved. You may view and/or print

pages from http://www.hervinpesa.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

 

Republish material from http://www.hervinpesa.com

Sell, rent or sub-license material from http://www.hervinpesa.com

Reproduce, duplicate or copy material from http://www.hervinpesa.com

 

Redistribute content from Hervin Pesa (unless content is specifically made for redistribution).

Hyperlinking to our Content

 

The following organizations may link to our Web site without prior written approval:

 

Government agencies;

Search engines;

News organizations;

Online directory distributors when they list us in the directory may link to our Web site in the same

manner as they hyperlink to the Web sites of other listed businesses; and

Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls,

and charity fundraising groups which may not hyperlink to our Web site.

 

 

 

 

These organizations may link to our home page, to publications or to other Web site information so long

as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or

approval of the linking party and its products or services; and (c) fits within the context of the linking

party’s site.

 

We may consider and approve in our sole discretion other link requests from the following types of organizations:

 

commonly-known consumer and/or business information sources such as Chambers of Commerce, American

Automobile Association, AARP and Consumers Union;

dot.com community sites;

associations or other groups representing charities, including charity giving sites,

online directory distributors;

internet portals;

accounting, law and consulting firms whose primary clients are businesses; and

educational institutions and trade associations.

 

 

 

We will approve link requests from these organizations if we determine that: (a) the link would not reflect

unfavorably on us or our accredited businesses (for example, trade associations or other organizations

representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed

to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from

the visibility associated with the hyperlink outweighs the absence of ; and (d) where the

link is in the context of general resource information or is otherwise consistent with editorial content

in a newsletter or similar product furthering the mission of the organization.

 

These organizations may link to our home page, to publications or to other Web site information so long as

the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval

of the linking party and it products or services; and (c) fits within the context of the linking party’s

site.

 

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website,

you must notify us by sending an e-mail to [email protected]

Please include your name, your organization name, contact information (such as a phone number and/or e-mail

address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site,

and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

 

Approved organizations may hyperlink to our Web site as follows:

 

 

By use of our corporate name; or

By use of the uniform resource locator (Web address) being linked to; or

By use of any other description of our Web site or material being linked to that makes sense within the

context and format of content on the linking party’s site.

 

No use of Hervin Pesa’s logo or other artwork will be allowed for linking absent a trademark license

agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or

use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular

link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also

reserve the right to amend these terms and conditions and its linking policy at any time. By continuing

to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact

us about this. We will consider requests to remove links but will have no obligation to do so or to respond

directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness

or accuracy; nor do we commit to ensuring that the website remains available or that the material on the

website is kept up to date.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify

and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any

page on your Web site or within any context containing content or materials that may be interpreted as

libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or

other violation of, any third party rights.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

 

limit or exclude our or your liability for death or personal injury resulting from negligence;

limit or exclude our or your liability for fraud or fraudulent misrepresentation;

limit any of our or your liabilities in any way that is not permitted under applicable law; or

exclude any of our or your liabilities that may not be excluded under applicable law.

 

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a)

are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or

in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort

(including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge,

we will not be liable for any loss or damage of any nature.

 

 

Credit & Contact Information

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