Legal

WEBSITE TERMS OF USE
  1. About Terms
    1. Thank you so much for visiting our website (the Site).These Terms explain how you may use this Site.
    2. References in these Terms to the Site includes all associated web pages.
    3. You should read these Terms carefully before using the Site.
    4. By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.
    5. If you do not agree with or accept any of these Terms, you should stop using the Site immediately.
    6. If you have any questions about the Site, please contact us via our Contact Page or by e-mail: beyondjewelery2018@gmail.com
    7. Definitions: Content means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;Terms means these terms and conditions of use as updated from time to time under clause 11;Acceptable use policy means the policy set out at the end of these Terms;Cookie policy means the policy which governs how I use cookies in the Site;

      I, me or my means Beyond Jewelery. of 1385 Fordon Ave, Pickering, Ontario, Canada L6S 3X6,  with business registration number 280324203 with its registered office at the same address as above;

      Online terms and conditions for the supply of goods or services means any terms and conditions which will apply to you ordering goods or services using the Site;

      Privacy policy means the policy, which governs how I process any personal data collected from you;

      Submission means any text, images, video, audio or other multimedia content, software or other information or material submitted by you or other users to the Site;

      You or your means the person accessing or using the Site or its Content.

    8. Your use of the Site means that you must also comply with my Acceptable Use policy, my Privacy policy, my Cookie policy and my Online terms and conditions for the supply of goods or services, where applicable.
  2. Using the Site
    1. The Site is for your personal use only.
    2. You agree that you are solely responsible for any costs and expenses you may incur in relation to your use of the Site.
    3. seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us via our Contact Page or at beyondjewelery2018@gmail.com
    4. may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
  3. Ownership, use and intellectual property rights
    1. This Site and all intellectual property rights in it including but not limited to any Content are owned by me. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). I reserve all of my rights in any intellectual property in connection with these Terms. This means, for example, that I remain owner of them and free to use them as I see fit.
    2. Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site.
  4. Submitting information to the Site
    1. While I try to make sure that the Site is secure, cannot guarantee the security of any information that you supply to me and therefore cannot guarantee that it will be kept confidential. For that reason, you should not submit to the Site any information that you regard as confidential, commercially sensitive or valuable.
    2. I may use any Submissions as see reasonably fit on a free-of-charge basis. I shall not be legally responsible to you or anybody else for any use of Submissions.
  5. Accuracy of information and availability of the Site
    1. While I try to make sure that the Site is accurate, up-to-date and free from bugs, I cannot promise that it will be. Furthermore, I cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
    2. I may suspend or terminate operation of the Site at any time as I see fit.
    3. Content is provided for your general information purposes only and to inform you about me and my products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
    4. While I try to make sure that the Site is available for your use, I do not promise that the Site is available at all times nor do I promise the uninterrupted use by you of the Site.Hyperlinks and third party sites
  6. The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
  7. Acceptable use
    1. As a condition of your use of the Site, you agree:
      1. not to use the Site for any purpose that is unlawful under any applicable law or prohibited by these Terms;
      2. not to use the Site to commit any act of fraud;
      3. not to use the Site to distribute viruses or malware or other similar harmful software code;
      4. not to use the Site for purposes of promoting unsolicited advertising or sending spam;
      5. not to use the Site to simulate communications from me or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
      6. not to use the Site in any manner that disrupts the operation of my Site or business or the website or business of any other entity;
      7. not to use the Site in any manner that harms minors;
      8. not to promote any unlawful activity;
      9. not to represent or suggest that I endorse any other business, product or service unless I have separately agreed to do so in writing;
      10. not to use the Site to gain unauthorized access to or use of computers, data, systems, accounts or networks; and
      11. not to attempt to circumvent password or user authentication methods.
  8. Interactive services
    1. I may make interactive services available on the Site, for example areas where you can comment on Content.
    2. I am not obliged to monitor or moderate Submissions to my interactive services. Where I do monitor or moderate Submissions I shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.
    3. I may remove or edit any Submissions to any of my interactive services whether they are moderated or not.
    4. Any Submission you make must comply with my Submission standards set out below.
  9. Submission standards
    1. Any Submission or communication to users of my Site must conform to standards of accuracy, decency and lawfulness, which shall be applied in my discretion, acting reasonably. In particular, you warrant that any Submission or communication is:
      1. your own original work and lawfully submitted;
      2. factually accurate or your own genuinely held belief;
      3. provided with the necessary consent of any third party;
      4. not defamatory or likely to give rise to an allegation of defamation;
      5. not offensive, obscene, sexually explicit, discriminatory or deceptive; and
      6. unlikely to cause offence, embarrassment or annoyance to others.
  10. Linking and framing
    1. You may create a link to my Site from another website without my prior written consent provided no such link:
      1. creates a frame or any other browser or border environment around the content of my Site;
      2. implies that I endorse your products or services or any of the products or services of, or available through, the website on which you place a link to my Site;
      3. displays any of the trademarks or logos used on our Site without our permission or that of the owner of such trademarks or logos; or
      4. is placed on a website that itself does not meet the acceptable use requirements of this Policy.
    2. I reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by me to remove any such link.
    3. Using my name and logo
      1. You may not use my trademarks, logos or trade names except in accordance with these Terms.
    4. Breach
      1. shall apply these Terms in my absolute discretion. In the event of your breach of the Terms may terminate or suspend your use of the Site, remove or edit Submissions, disclose Submissions to law enforcement authorities or take any action consider necessary to remedy the breach.
    5. Limitation on my liability
      1. Except for any legal responsibility that cannot exclude in law (such as for death or personal injury), am not legally responsible for any:
        1. losses that:
          (a) were not foreseeable to you and me when these Terms were formed; or
          (b) that were not caused by any breach on my part
        2. business losses.
    6. Variation
      1. No changes to these Terms are valid or have any effect unless agreed by me in writing. reserve the right to vary these Terms from time to time. My updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by me. It is your responsibility to check these Terms from time to time to verify such variations.
    7. Disputes
      1. shall try to resolve any disputes with you quickly and efficiently.
      2. If you are unhappy with me please contact me as soon as possible to let me know.
      3. If you want to take court proceedings, courts of Canada will have exclusive jurisdiction in relation to these Terms.
      4. The laws of Canada will apply to these Terms.

     

     

    PRIVACY NOTICE

    Introduction

    Welcome to Beyond Jewelery privacy notice.

    We respect your privacy and are committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

    It contains important information on who we are and how and why we collect, store, use and share your personal information. It also explains your rights in relation to your personal information and how to contact us or supervisory authorities in the event you have a complaint.

    We collect, use and are responsible for certain personal information about you. When we do so we are subject to the General Data Protection Regulation, which applies across Canada and we are responsible as ‘controller’ of that personal information for the purposes of those laws.

    1. Important information and who we are

    Purpose of this privacy notice

    This privacy notice aims to give you information on how we collect and process your personal data through your use of this website, including any data you may provide through this website when you fill in our contact form, sign up to our newsletter, purchase a product or service or take part in a competition.

    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 notice together with any other privacy notice or fair processing notice 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 notice supplements the other notices and is not intended to override them.

    Controller

    Beyond Jewelery is the controller and responsible for your personal data (collectively referred to as , “we”, “us” or “our” in this privacy notice).

    If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact us using the details set out below.

    Contact details

    Our full details are:

    Full name of legal entity: Beyond Jewelery

    Name or title of person to contact: Jaime Rootham

    Email address: beyondjewelery2018@gmail.com

    Postal address: Beyond Jewelery. of 1385 Fordon Ave, Pickering, Ontario, Canada L6S 3X

     

    The Personal Information Protection and Electronic Documents Act ("PIPEDA") governs the topic of data privacy, and how private-sector companies can collect, use and disclose personal information. The Act also contains various provisions to facilitate the use of electronic documents.

    You have the right to make a complaint at any time to the Office of the Privacy Commissioner of Canada (OPC) for data protection issues (https://www.priv.gc.ca/en/contact-the-opc/). However, we care deeply about your data protection rights and we would appreciate the chance to deal with your concerns before you approach the OPC so please contact us via our Contact Page in the first instance.

    Your duty to inform us of changes

    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.

    Third-party links

    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 notice of every website you visit.

    1. The data we collect about you

    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 follows:

    • Identity Data includes first name, last name, username or similar identifier, title, date of birth and gender.
    • Contact Data includes billing address, delivery or postal address, email address and telephone numbers.
    • Financial Data includes bank account and payment card details.
    • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
    • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
    • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
    • Usage Data includes information about how you use our website, products and services.
    • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

    We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does 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.

    1. How is your personal data collected?

    We use different methods to collect data from and about you including through:

    • Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you (where applicable):
      • apply for our products or services;
      • create an account on our website;
      • subscribe to our service or publications;
      • request marketing to be sent to you;
      • enter a competition, promotion or survey; or
      • give us some feedback.
    • Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies.
    • Analytics We may receive technical personal data about you from analytics providers such as Google.
    • We may receive Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as PayPal.
    1. How we use your personal data

    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:

    • Where we need to perform the contract we are about to enter into or have entered into with you.
    • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
    • Where we need to comply with a legal or regulatory obligation.
    • To keep you updated about our products and services where you have consented to this. We shall send this information to you by email, text or post. You have the right to withdraw consent to marketing at any time by contacting us via our Contact Page or by email at beyondjewelery2018@gmail.com..

     

    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.

    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 process and deliver your order including:

    (a) Manage payments, fees and charges

    (b) Collect and recover money owed to us

    (a) Identity

    (b) Contact

    (c) Financial

    (d) Transaction

    (e) Marketing and Communications

    (a) Performance of a contract with you

    (b) Necessary for our legitimate interests (to recover debts due to us)

    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 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 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 reorganisation 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

    Necessary for our legitimate interests (to develop our products/services and grow our business)

     

    Marketing

    We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

    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 or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.

    Third-party marketing

    We do not share your personal data with any third parties.

    Opting out

    You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us via our Contact Page or by email at beyondjewelery2018@gmail.com 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/service purchase, warranty registration, product/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 on our website beyondjewelery.com.

    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.

    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.

    1. Disclosures of your personal data

    We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above:

    • External Third Parties such as service providers, professional advisers, HMRC and regulators; and
    • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

    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.

    1. International transfers

    To deliver services to you, it is sometimes necessary for us to share your personal information outside of Canada, eg:

    • with our offices outside of Canada;
    • with our service providers located outside of Canada;
    • If you are based outside of Canada;
    • where there is an international dimension to the services we are providing to you.

    These transfers are subject to special rules under Canadian data protection law.

    These non-Canada countries do not have the same data protection laws as Canada. We will, however, ensure the transfer complies with data protection law and all personal information will be secure. Our standard practice is to use standard data protection contract clauses that have been approved by Canada. Please contact us using the details above if you wish to obtain a copy of those clauses.

    If you would like further information please contact us using the contact details in clause 1 above .]

    1. Data security

    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.

    1. Data retention

    How long will you use my personal data for?

    We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

    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 requirements.

    If you use our products or services we shall retain your personal data for the time you are our client and for 3 years afterwards.  If you are not a client we shall retain your data for 2 years following your last engagement with us.

    By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

    In some circumstances you can ask us to delete your data: see ‘Request erasure’ below for further information.

    In some circumstances we may 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.

    1. Your legal rights

    Under certain circumstances, you have the following rights under data protection laws in relation to your personal data:

    • Request access to your personal data.
    • Request correction of your personal data.
    • Request erasure of your personal data.
    • Object to processing of your personal data.
    • Request restriction of processing your personal data.
    • Request transfer of your personal data.
    • Right to withdraw consent.

    If you wish to exercise any of the rights set out above, please contact us via our Contact Page or by email at beyondjewelery2018@gmail.com.

    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 may refuse to comply with your request in these circumstances.

    Changes to this privacy notice

    We may change this privacy notice from time to time – when we do we shall inform you via our website.

     

     

    COOKIE POLICY.

    This Cookie Policy explains what cookies are and how we use them. You should read this policy to understand what cookies are, how we use them, the types of cookies we use i.e, the information we collect using cookies and how that information is used and how to control the cookie preferences. For further information on how we use, store and keep your personal data secure, see our Privacy Policy.

    You can at any time change or withdraw your consent from the Cookie Declaration on our website.

    Learn more about who we are, how you can contact us and how we process personal data in our Privacy Policy.

    Your consent applies to the following domains: www.beyondjewelery.com

     

    Cookies are small text files that are used to store small pieces of information. The cookies are stored on your device when the website is loaded on your browser. These cookies help us make the website function properly, make the website more secure, provide better user experience, and understand how the website performs and to analyze what works and where it needs improvement.

     

    As most of the online services, our website uses cookies first-party and third-party cookies for a number of purposes. The first-party cookies are mostly necessary for the website to function the right way, and they do not collect any of your personally identifiable data.

    The third-party cookies used on our websites are used mainly for understanding how the website performs, how you interact with our website, keeping our services secure, providing advertisements that are relevant to you, and all in all providing you with a better and improved user experience and help speed up your future interactions with our website.

     

    The cookies used on our website are grouped into the following categories.

    The below list details the cookies used in our website.

    COOKIE DESCRIPTION
    Essential Cookies
    cartflows_session_16819
    cookielawinfo-checkbox-non-necessary This cookie is set by GDPR Cookie Consent plugin. The purpose of this cookie is to check whether or not the user has given their consent to the usage of cookies under the category 'Non-Necessary'.
    cookielawinfo-checkbox-analytics This cookie is set by GDPR Cookie Consent plugin. The purpose of this cookie is to check whether or not the user has given the consent to the usage of cookies under the category 'Analytics'.
    affwp_ref This cookie checks to see if you have been referred to the site by one of our franchise partners or affiliates so we can allocate commissions correctly.
    Non Essential Cookies
    viewed_cookie_policy The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
    __cfduid The cookie is set by CloudFare. The cookie is used to identify individual clients behind a shared IP address d apply security settings on a per-client basis. It doesnot correspond to any user ID in the web application and does not store any personally identifiable information.
    Analytics
    _ga This cookie is installed by Google Analytics. The cookie is used to calculate visitor, session, camapign data and keep track of site usage for the site's analytics report. The cookies store information anonymously and assigns a randoly generated number to identify unique visitors.
    _gid This cookie is installed by Google Analytics. The cookie is used to store information of how visitors use a website and helps in creating an analytics report of how the wbsite is doing. The data collected including the number visitors, the source where they have come from, and the pages viisted in an anonymous form.
    _gat_gtag_UA_145688137_1 Google uses this cookie to distinguish users.
    cmp66447672 This cookie is set by Active Campaign and allows us to track the pages you visit on our site.
    prism_66447672 This cookie is set by Active Campaign and allows us to track the pages you visit on our site.
    Advertisement
    _fbp This cookie is set by Facebook to deliver advertisement when they are on Facebook or a digital platform powered by Facebook advertising after visiting this website.
    fr The cookie is set by Facebook to show relevant advertisments to the users and measure and improve the advertisements. The cookie also tracks the behavior of the user across the web on sites that have Facebook pixel or Facebook social plugin.

     

    You can manage your cookies preferences by clicking on the “Settings” button and enabling or disabling the cookie categories on the popup according to your preferences.

    Should you decide to change your preferences later through your browsing session, you can click on the cog in the bottom left of your screen. This will display the consent notice again enabling you to change your preferences or withdraw your consent entirely.

    In addition to this, different browsers provide different methods to block and delete cookies used by websites. You can change the settings of your browser to block/delete the cookies. To find out more out more on how to manage and delete cookies, visit wikipedia.org, www.allaboutcookies.org.