Our policies and practices have been put in place to comply with the federal Personal Information Protection and Electronic Documents Act (PIPEDA) and any provincial privacy legislation.
What is Personal Information?
Personal information is virtually any information about an individual that is recorded in any form. However, information about individuals contained in the following documents is not considered personal information:
- public telephone directories, where the subscriber can refuse to be listed
- professional and business information contained in directories or business cards available to the public
- certain public registries and court records
- certain other publicly available printed and electronic publications.
Our commitment to your privacy is based upon the following privacy principles:
The Krista Brand is responsible for all personal information under its control, including any personal information that is transferred to third parties for processing, storage or other purposes. We have designated and trained employees who are accountable for compliance with these privacy and security principles.
- We will let you know why we collect your personal information
The Krista Brand will identify the purpose for which your personal information is collected. We will do this before or at the time the information is actually being collected.
- We will obtain your consent to collect, use or disclose your personal information
The Krista Brand obtains your consent to collect, use or disclose personal information.
- We will limit collection of your personal information
The Krista Brand collects only the information required to provide products and services to you. If the personal information we require is collected for a reason other than to provide products and services, your consent will be obtained before or at the time the information is collected. The Krista Brand will collect personal information only by clear, fair and lawful means.
Examples of why we collect personal information include:
- Communicating with you generally.
- Processing your applications.
- Providing product and services requested by you.
- Recommending products and services that The Krista Brand believes will be of interest and provide value to you. To comply with legal and governmental requirements.
- We will limit use, disclosure and retention of your personal information
The Krista Brand uses and discloses your personal information only for the purposes for which it was collected. The Krista Brand does not sell or rent personal information to any organization or person for any reason. We do not share your personal information with third party organizations except to offer you a product or service. If your personal information is shared with third parties, these third parties are bound by agreements with The Krista Brand to secure and protect the confidentiality of your personal information. The Krista Brand retains your personal information only as long as it is required for our business relationship or as required by federal and provincial laws.
- We will keep your personal information up-to-date and accurate
The Krista Brand keeps your personal information which you provide to us up-to-date, accurate and relevant for its intended use. You may request access to the personal information we have on record in order to review and amend the information, as appropriate.
- We will keep your personal information secure
We take all appropriate steps to keep your personal information secure, regardless of the format in which it is held, including:
- physical security measures - restricted access facilities and locked filing cabinets
- organizational security measures - such as limiting access to your personal information to a selected group of individuals,
- contractual security measures - obligations with third parties who need access to your personal information requiring them to protect and secure your personal information.
This Site is provided as a service to our customers. Please review the following terms and conditions that govern your use of our Site. Please note that your use of our Site constitutes your unconditional agreement to follow and be bound by these terms and conditions. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms of the Agreement. Krista reserves the right to update or modify the Agreement at any time without prior notice. Your use of the Krista Site following any such change constitutes your unconditional agreement to follow and be bound by the Agreement as changed. For this reason, we encourage you to review the terms and conditions of the Agreement whenever you use this Site.
COPYRIGHTS and TRADEMARKS
Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the "Contents") are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trademarks, held by Krista. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Krista and is also protected by Canadian, U.S. and international copyright laws.
USE OF THIS SITE
This Site and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only, and provided that you maintain all copyright and other notices contained on the Site or in the Contents. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Krista and protected by Canadian, U.S. and international copyright laws. The content and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited.
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing"; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Krista will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Krista on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain the exclusive property of Krista. Such disclosure, submission or offer of any Comments shall constitute an assignment to Krista of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Krista will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Krista is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. We welcome your comments regarding the Krista Site. However, Krista will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Krista collects the following information from persons who access this Site: e-mail address; IP address; time and date of server access; URL requested, HTTP status code, bytes transferred, referrer page, user agent, pages accessed on this Site, number of time the Site is accessed by a user. This information is used solely by Krista and no other person in order to allow Krista to better understand the nature and quality of the customer service provided by this Site, how to improve upon that customer service and to maintain the security of this Site. Specifically, the following statistical derivations are made and analyzed by Krista using this information:
- Site Resources Accessed - most requested pages, least requested pages, top entry pages, top exit pages, single access pages, most accessed directories, top paths through the Site, most downloaded files, most downloaded file types, most popular dynamic pages and forms executed by server;
- Visitors – visitors by number of visits, top visitors, most active countries from which people visit the Site, North American locations from which people visit the Site, most active cities from which people visit the Site, most active organizations from which people visit the Site (e.g. .net, .org, .com), organizational breakdown by percent and visitor sessions;
- Site Activity – by time increment, by day of the week, by hour of the day
- Referrers – top referring sites, top referring URL’s, top search engines, top search phrases, top search keywords; Browsers & Platforms – most used browsers, most used platforms, versions of Microsoft Explorer browsers used to access the Site. Notwithstanding the foregoing, the above information may be provided to law enforcement authorities in the event that Krista determines, in its sole, absolute and unfettered discretion, that: 1. a user of this Site has attempted or may be attempting to access this Site illegally and/or in contravention of the section of this Agreement entitled “Security”; and/or 2. if any illegal activity may in any way be associated with a person who has accessed this Site. By accessing this Site the user of this Site irrevocably consents to the use of his, her or its personal information in the manner set forth above, which consent shall survive the termination of this Agreement.
THIS SITE IS PROVIDED BY KRISTA ON AN "AS IS" AND "AS AVAILABLE" BASIS. KRISTA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KRISTA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KRISTA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE DISPLAYED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE KRISTA WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL KRISTA OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE KRISTA WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF KRISTA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.