Legal, Terms & Privacy Policy

Last Updated: March 21,2024

Table of Contents

Privacy Policy

Last Updated: March 21,2024

At Creative Revenue, we are committed to maintaining the trust and confidence of our visitors to our web site. In particular, we want you to know that Creative Revenue is not in the business of selling, renting, or trading email lists with other companies and businesses for marketing purposes. In this Privacy Policy, we’ve provided detailed information on when and why we collect your personal information, how we use it, the limited conditions under which we may disclose it to others, and how we keep it secure.

Information Collection and Use

Personal information means any information that may be used to identify you, such as your name, title, phone number, email address, or mailing address.

We collect personal information from you when you use our website forms to inquire about our services, subscribe to our newsletter, request a website or SEO audit, download a document, or register to attend an event or webinar. We may also collect information when you voluntarily complete customer surveys, and provide feedback.

Cookie Policy

What Are Cookies

As is common practice with almost all professional websites, our site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This section describes what information they gather, how we use it, and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored; however, this may downgrade or ‘break’ certain elements of the site’s functionality.

How We Use Cookies

We use cookies for a variety of reasons detailed below. Unfortunately, in most cases, there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to the site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

Disabling Cookies

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser’s “Help” for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of this site. Therefore, it is recommended that you do not disable cookies.

The Cookies We Set

  • Essential Cookies: These are strictly necessary to provide you with services available through our website.
  • Performance Cookies: These allow us to count visits and traffic sources, helping us measure and improve the performance of our site.
  • Functionality Cookies: These are used to recognize you when you return to our website.
  • Targeting Cookies: These cookies record your visit, the pages you have visited, and the links you have followed.
  • Email newsletters-related cookies: This site offers newsletter or email subscription services, and cookies may be used to remember if you are already registered and whether to show certain notifications valid only to subscribed/unsubscribed users.
  • Forms-related cookies: When you submit data through a form such as those found on contact pages or comment forms, cookies may be set to remember your user details for future correspondence.
  • Site preferences cookies: In order to provide you with a great experience on this site, we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences, we need to set cookies so that this information can be called whenever you interact with a page affected by your preferences.

Third-Party Cookies

In some special cases, we also use cookies provided by trusted third parties. The following section details which third-party cookies you might encounter through this site:

  • This site uses Google Analytics, which is one of the most widespread and trusted analytics solutions on the web, for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit, so we can continue to produce engaging content.
  • Third-party analytics are used to track and measure usage of this site so that we can continue to produce engaging content. These cookies may track things such as how long you spend on the site or pages you visit, which helps us to understand how we can improve the site for you.
  • From time to time, we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features, these cookies may be used to ensure that you receive a consistent experience while on the site while ensuring we understand which optimizations our users appreciate the most.
  • The Google AdSense service we use to serve advertising uses a DoubleClick cookie to serve more relevant ads across the web and limit the number of times that a given ad is shown to you.

Google Analytics

When someone visits CreativeRevenue.ca, we use a third-party service, Google Analytics, to collect standard internet log information and details of visitor behavior patterns. We do this to find out things such as the number of visitors to the various parts of the site. This information is only processed in a way that does not identify anyone. We do not make, and do not allow Google to make, any attempt to find out the identities of those visiting our website.

Google Ads and Remarketing

We use Google Ads to advertise Creative Revenue across the Internet, in particular on the Google Search Network, and Google Display Network. Remarketing will display ads to you based on what parts of the Creative Revenue website you have viewed by placing a cookie on your web browser. This cookie does not in any way identify you or give access to your computer. Google Ads Remarketing allows us to tailor our marketing to better suit your needs and only display ads that are relevant to you.

CRM and Email Marketing

We may collect personal information into our CRM (Customer Relationship Management) system, Moxie, and this information is used to facilitate customer service and to send newsletters or offers. We will always get your explicit consent before sending newsletters or marketing messages. Every email newsletter you receive from us will include an unsubscribe link where you can opt out of future email communications.

Your Choices and Control

We respect your privacy choices. If you wish to opt-out of targeted advertisements or SEO-related data collection facilitated by Creative Revenue, you may do so by adjusting your cookie settings as outlined in our Cookie Policy, or by using the opt-out features provided by various ad networks.

Data Security and Retention

We take data security seriously and implement appropriate measures to protect your personal information. We retain your personal information only for as long as necessary to provide you with our services and as required by applicable law.

Your Rights

You have the right to access, correct, delete, or transfer your personal information. You also have the right to withdraw consent for us to use your personal information. Please contact us if you wish to exercise these rights.

Changes to This Privacy Policy

We may update this policy to reflect changes to our information practices. If we make any significant changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective.

Contact Us

If you have any questions about this Privacy Policy, please contact us by email at [email protected]

Our Mailing Address is:

Creative Revenue
56A Mill St E, Unit #495
Acton, Ontario
L7J 1H3
Canada

Website Terms of Use

Last Updated: March 21, 2024

Welcome to Creative Revenue. Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the creativerevenue.ca website (the “Service”) operated by Creative Revenue (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.

1. Use of Website

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.

2. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Creative Revenue and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Creative Revenue.

3. User Accounts

When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

4. Links to Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Creative Revenue.

Creative Revenue has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

5. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

6. Indemnification

You agree to defend, indemnify, and hold harmless Creative Revenue and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

7. Limitation Of Liability

In no event shall Creative Revenue, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

8. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Creative Revenue its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

9. Professional Advice Disclaimer

The content provided on this website, including but not limited to blog articles, coaching guides, and strategic recommendations, is for general informational and educational purposes only. While we strive to provide helpful and accurate information, Creative Revenue makes no representations or warranties regarding the completeness, reliability, or accuracy of this information.

The information on our website is not intended to be a substitute for professional advice. Decisions based on any information provided by our services, blog articles, or website visitors are taken at your own risk. Before making any business or legal decisions, we recommend consulting with an appropriate professional for specific advice tailored to your situation.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions.

11. Changes

We may update our Terms of Use from time to time to reflect changes in our practices, service offerings, or legal or regulatory requirements. We encourage our users to review these Terms periodically for any changes. It is your responsibility to check this page regularly to stay informed of any revisions that may affect you. Your continued use of the website after any change in these Terms will constitute your acceptance of such change.

12. Contact Us

If you have any questions about these Terms, please contact us by email at [email protected] .

Hosting Terms of Service

Last Updated: March 21, 2024

Creative Revenue Hosting

You may not use any shared system provided by Creative Revenue in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, we may prohibit the automated or scripted use of Creative Revenue Mail Services if it has a negative impact on the mail system, or we may require you to repair coding abnormalities in your  code if it unnecessarily conflicts with other customers’ use of the shared environment. You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.

Other

  1. You must have valid and current information on file with your domain name registrar for any domain hosted on the Creative Revenue network
  2. You may only use IP addresses assigned to you by Creative Revenue in connection with your Creative Revenue services
  3. You agree that if the Creative Revenue IP numbers assigned to your account are listed on an abuse database like Spamhaus, you will be in violation of this TOS, and Creative Revenue may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions
  4. Creative Revenue staff will create a WordPress user with ADMIN privileges on each WordPress install.  This account is used by our team to perform updates, monitor plugins & provide client support.  Please do not delete this account.  Repeated deletions of this account will result in suspension of your WordPress install & or account.

Subscription

Creative Revenue offers a subscription based hosting service. Customers may select between a monthly or yearly subscription model (where and as available per service). Accepted payment methods include all major credit cards (Visa, MasterCard, American Express), accepted on Stripe. It is understood that monthly fees will be withdrawn on the due date and that clients are responsible for keeping their billing profile up to date in order to maintain their subscription to Creative Revenue’s Hosting and Related services. Accounts are eligible for automatic or manual suspension once 14 days past due. A suspended account will be cancelled with 3 days of suspension. Once an account is cancelled, all data is lost and unrecoverable, including website files and databases.

Cancellation Policy

  1. Upon receiving a cancellation request, all data will be immediately removed from our servers and your account will be canceled.
  2. Creative Revenue offers a 30 no questions asked refund policy on all new accounts.
  3. Hosting accounts can be canceled at any time and without notice.  Cancellations will be processed immediately upon receipt of the cancellation request and no additional payment is due beyond the current billing period

SLA

No credit will be available under a Creative Revenue service level guarantee or agreement for interruptions of service resulting from TOS violations.

Jurisdiction

If any dispute arises about this agreement or how this agreement applies or arising out of your use of this site or our services, the laws of Canada will apply.  You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Canada, and waive any right that you may have to object to an action being brought in those courts.  To the maximum extent permitted by law, this agreement is governed by the laws of Ontario, Canada. You hereby consent to the exclusive jurisdiction and venue courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of our services.

Hosting Acceptable Use Policy (AUP)

This AUP is incorporated by reference in your hosting services agreement with Creative Revenue. Your services may be suspended or terminated for violation of this AUP in accordance with your hosting services agreement with Creative Revenue. Inquiries regarding this policy should be directed to [email protected].

Abuse

You may not use the Creative Revenue network or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:

  1. Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network
  2. Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network
  3. Interference with service to any user of the Creative Revenue or other network including, without limitation, mail bombing, flooding, deliberate or non deliberate attempts to overload a system and broadcast attacks
  4. Use of an Internet account or computer without the owner’s authorization
  5. Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting)
  6. Collecting or using information without the consent of the owner of the information
  7. Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting
  8. Use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user
  9. Use of the service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems (such as Microsoft’s “ad/remove” tool)
  10. Any conduct that is likely to result in retaliation against the Creative Revenue network or website, or Creative Revenue employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS)
  11. Bulk Email You may not use a Creative Revenue Mail Service to send bulk mail.
  12. No Lottery or Auction based sites unless approved by Creative Revenue staff.

Mail Requirements

You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to commercial email. In addition, commercial email must meet the following requirements:

  1. Your intended recipients have given their consent to receive email from you via some affirmative means, such as an opt-in procedure
  2. Your procedures for seeking consent include reasonable means to ensure that the person giving consent is the owner of the email address for which consent is given
  3. You retain evidence of each recipient’s consent in a form that can be promptly produced on request, and you honor recipient’s and Creative Revenue requests to produce consent evidence within 72 hours of receipt of the request
  4. You have procedures in place that allow a recipient to revoke their consent – such as a link in the body of the email, or instructions to reply with the word “Remove” in the subject line and you honor revocations of consent within 48 hours, and you notify recipients that the revocation of their consent will be implemented in 48 hours
  5. You may not obscure the source of your email in any manner, such as omitting, forging, or misrepresenting message headers or return addresses. Your email must include the recipients email address in the body of the message or in the “TO” line of the email
  6. The subject line of the email must clearly describe the subject matter contained in the email, and the message must include valid contact information
  7. You must not attempt to send any message to an email address if 3 consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days
  8. We do not allow clients to send more than 25 pieces of e-mail per hour.  If you do send more than 25 pieces of e-mail per hour, your account could be placed on hold for Network Abuse.

 

These policies apply to messages sent using your Creative Revenue services, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site or an email address hosted via your Creative Revenue service. In addition, you may not use a third party email service that does not practice similar procedures for all its customers. These requirements apply to distribution lists prepared by third parties to the same extent as if the list were created by you.

Creative Revenue may test and otherwise monitor your compliance with its requirements. Creative Revenue may block the transmission of email that violates these provisions.

Unsolicited Communications

You may not use your service to send email or any other communications to a person who has indicated that they do not wish to receive it. If the communication is bulk mail, then you will not be in violation of this section if you comply with the 48 hour removal requirement described above.

Vulnerability Testing

You may not attempt to probe, scan, penetrate or test the vulnerability of a Creative Revenue system or network, or to breach Creative Revenue security or authentication measures, whether by passive or intrusive techniques, without Creative Revenue’s express written consent.

Unauthorized Automated Access

  1. Definition: Unauthorized bots, web scrapers, or any other automated methods to access, scrape, or index the services or content provided by Creative Revenue  hosted sites are strictly prohibited.
  2. Consent Requirement: Any automated activities intended for gathering data, monitoring, or interacting with our services require explicit prior written consent from Creative Revenue 
  3. Detection and Monitoring: Creative Revenue  reserves the right to monitor all network activities for the purpose of detecting unauthorized automated access.
  4. Penalties and Enforcement: Violation of these terms may result in immediate termination of service, temporary or permanent banning of IP addresses, and legal action.
  5. Exemptions: Bots or automated services explicitly permitted by Creative Revenue , such as search engine crawlers, are exempt from this policy.

Newsgroup, Chat Forums, Other Networks

You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.

You must comply with the rules of any other network you access or participate in using your Creative Revenue services.

Offensive Content

You may not publish, transmit or store on or via Creative Revenue’s network and equipment any content or links to any content that Creative Revenue reasonably believes:

  1. Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts
  2. Is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech
  3. Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes
  4. Is defamatory or violates a person’s privacy
  5. Creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement
  6. Improperly exposes trade secrets or other confidential or proprietary information of another person
  7. Is intended to assist others in defeating technical copyright protections
  8. Infringes on another person’s copyright, trade or service mark, patent, or other property right
  9. Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking
  10. Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Creative Revenue
  11. Is otherwise malicious, fraudulent, or may result in retaliation against Creative Revenue by offended viewers or recipients, or is intended to harass or threaten.
  12. No Lottery or Auction based sites unless approved by Creative Revenue staff.
  13. No Porn
  14. No File Storage

Content “published or transmitted” via Creative Revenue’s network or equipment includes Web content, email, bulletin board postings, chat, tweets, and any other type of posting or transmission that relies on the Internet.

Live Events You may not use your Creative Revenue services to stream live sex acts of any kind, even if the content would otherwise comply with the AUP. Creative Revenue may prohibit you from streaming other live events where there is a special risk, in Creative Revenue’s reasonable discretion, that the event may violate the Offensive Content section above.

Copyrighted Material

You may not use Creative Revenue’s network or services to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image, or other work protected by copyright law unless:

  1. You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner
  2. You are otherwise permitted by established copyright law to copy the work in that manner

It is Creative Revenue’s policy to terminate in appropriate circumstances the services of customers who are repeat infringers.

Shared Systems

You may not use any shared system provided by Creative Revenue in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, we may prohibit the automated or scripted use of Creative Revenue Mail Services if it has a negative impact on the mail system, or we may require you to repair coding abnormalities in your  code if it unnecessarily conflicts with other customers’ use of the shared environment. You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.

Other

  1. You must have valid and current information on file with your domain name registrar for any domain hosted on the Creative Revenue network
  2. You may only use IP addresses assigned to you by Creative Revenue in connection with your Creative Revenue services
  3. You agree that if the Creative Revenue IP numbers assigned to your account are listed on an abuse database like Spamhaus, you will be in violation of this AUP, and Creative Revenue may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions

Addendum: Data Processor Agreement

1. Introduction

1.1 This agreement re processing of personal data (the “Data Processor Agreement”) regulates Creative Revenue (the “Data Processor”) processing of personal data on behalf of the client (the “Data Controller”) and is attached as an addendum to the Creative Revenue MAIN SERVICE AGREEMENT/TOS/AUP/SLA/PRIVACY POLICY.

2.1 The Data Processor Agreement shall ensure that the Data Processor complies with the applicable data protection and privacy legislation (the “Applicable Law”), including in particular The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679)

3. Processing of personal data

3.1 Purpose: The purpose of the processing under the TOS is the provision of the Services by the Data Processor as specified in the TOS.  

3.2 In connection with the Data Processor’s delivery of the Main Services to the Data Controller, the Data Processor will process certain categories and types of the Data Controller’s personal data on behalf of the Data Controller.

3.3 Personal data” includes “any information relating to an identified or identifiable natural person” as defined in GDPR, article 4 (1) (1) (the ”Personal Data”). The categories and types of Personal Data processed by the Data Processor on behalf of the Data Controller are listed in sub-appendix A. The Data Processor only performs processing activities that are necessary and relevant to perform the Main Services. The parties shall update sub-appendix A whenever changes occur that necessitates an update.

3.4 The Data Processor shall have and maintain a register of processing activities in accordance with GDPR, article 32 (2).

4. Instruction

4.1 The Data Processor may only act and process the Personal Data in accordance with the documented instruction from the Data Controller (the “Instruction”), unless required by law to act without such instruction. The Instruction at the time of entering into this Data Processor Agreement (DPA) is that the Data Processor may only process the Personal Data with the purpose of delivering the Main Services as described in the Main Service Level Agreement. Subject to the terms of this DPA and with mutual agreement of the parties, the Data Controller may issue additional written instructions consistent with the terms of this Agreement. The Data Controller is responsible for ensuring that all individuals who provide written instructions are authorized to do so.

4.2 The Data Controller guarantees to process Personal Data in accordance with the requirements of Data Protection Laws and Regulations. The Data Controller’s instructions for the processing of Personal Data shall comply with Applicable Law. The Data Controller will have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which it was obtained.

4.3 The Data Processor will inform the Data Controller of any instruction that it deems to be in violation of Applicable Law and will not execute the instructions until they have been confirmed or modified.

5. The Data Processor’s obligations

5.1 Confidentiality

5.1.1 The Data Processor shall treat all the Personal Data as strictly confidential information. The Personal Data may not be copied, transferred or otherwise processed in conflict with the Instruction, unless the Data Controller in writing has agreed.

5.1.2 The Data Processor’s employees shall be subject to an obligation of confidentiality that ensures that the employees shall treat all the Personal Data under this DPA with strict confidentiality.

5.1.3 Personal Data will only be made available to personnel that require access to such Personal Data for the delivery of the Main Services and this Data Processor Agreement.

5.2 The Data Processor shall also ensure that employees processing the Personal Data only process the Personal Data in accordance with the Instruction.

5.3 Security

5.3.1 The Data Processor shall implement the appropriate technical and organizational measures as set out in this Agreement and in the Applicable Law, including in accordance with GDPR, article 32. The security measures are subject to technical progress and development. The Data Processor may update or modify the security measures from time-to-time provided that such updates and modifications do not result in the degradation of the overall security.

5.4 The Data Processor shall provide documentation for the Data Processor’s security measures if requested by the Data Controller in writing.

5.5 Data protection impact assessments and prior consultation

5.5.1 If the Data Processor’s assistance is necessary and relevant, the Data Processor shall assist the Data Controller in preparing data protection impact assessments in accordance with GDPR, article 35, along with any prior consultation in accordance with GDPR, article 36.

5.6 Rights of the data subjects

5.6.1 If the Data Controller receives a request from a data subject for the exercise of the data subject’s rights under the Applicable Law and the correct and legitimate reply to such a request necessitates the Data Processor’s assistance, the Data Processor shall assist the Data Controller by providing the necessary information and documentation. The Data Processor shall be given reasonable time to assist the Data Controller with such requests in accordance with the Applicable Law.

5.6.2 If the Data Processor receives a request from a data subject for the exercise of the data subject’s rights under the Applicable Law and such request is related to the Personal Data of the Data Controller, the Data Processor must immediately forward the request to the Data Controller and must refrain from responding to the person directly.

5.7 Personal Data Breaches

5.7.1 The Data Processor shall give immediate notice to the Data Controller if a breach occurs, that can lead to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to, personal data transmitted, stored or otherwise processed re the Personal Data processed on behalf of the Data Controller (a “Personal Data Breach”).

5.7.2 The Data Processor shall make reasonable efforts to identify the cause of such a breach and take those steps as they deem necessary to establish the cause, and to prevent such a breach from reoccurring.

5.8 Documentation of compliance and Audit Rights

5.8.1 Upon request by a Data Controller, the Data Processor shall make available to the Data Controller all relevant information necessary to demonstrate compliance with this DPA, and shall allow for and reasonably cooperate with audits, including inspections by the Data Controller or an auditor mandated by the Data Controller. The Data Controller shall give notice of any audit or document inspection to be conducted and shall make reasonable endeavours to avoid causing damage or disruption to the Data Processors premises, equipment and business in the course of such an audit or inspection. Any audit or document inspection shall be carried out with reasonable prior written notice of no less than 30 days, and shall not be conducted more than once a year.

5.8.2 The Data Controller may be requested to sign a non-disclosure agreement reasonably acceptable to the Data Processor before being furnished with the above.

5.9 Data Transfers

5.9.1 Ordinarily, the Data Processor will not transfer your data to countries outside Canada. In some cases, personal data will be saved on storage solutions that have servers outside Canada, [for example, Google Apps Mail]. Only those storage solutions that provide secure services with adequate relevant safeguards will be employed.  All of our hosting infrastructure is located in Canada.

6. Sub-Processors

6.1 The Data Processor is given general authorisation to engage third-parties to process the Personal Data (“Sub-Processors”) without obtaining any further written, specific authorization from the Data Controller, provided that the Data Processor notifies the Data Controller in writing about the identity of a potential Sub-Processor (and its processors, if any) before any agreements are made with the relevant Sub-Processors and before the relevant Sub-Processor processes any of the Personal Data. If the Data Controller wishes to object to the relevant Sub- Processor, the Data Controller shall give notice hereof in writing within ten (10) business days from receiving the notification from the Data Processor. Absence of any objections from the Data Controller shall be deemed consent to the relevant Sub-Processor.

6.2 In the event the Data Controller objects to a new Sub-Processor and the Data Processor cannot accommodate the Data Controller’s objection, the Data Controller may terminate the Services by providing written notice to the Data Processor.

6.3 The Data Processor shall complete a written sub-processor agreement with any Sub-Processors. Such an agreement shall at minimum provide the same data protection obligations as the ones applicable to the Data Processor, including the obligations under this Data Processor Agreement. The Data Processor shall on an ongoing basis monitor and control its Sub- Processors’ compliance with the Applicable Law. Documentation of such monitoring and control shall be provided to the Data Controller if so requested in writing.

6.4 The Data Processor is accountable to the Data Controller for any Sub-Processor in the same way as for its own actions and omissions.

6.5 The Data Processor is at the time of entering into this Data Processor Agreement using the Sub- Processors listed in sub-appendix B. If the Data Processor initiates sub-processing with a new Sub-Processor, such new Sub-Processor shall be added to the list in sub-appendix B under paragraph 2.

7. Remuneration and costs (Optional)

7.1 The Data Controller shall remunerate the Data Processor based on time spent to perform the obligations under section 5.5, 5.6, 5.7 and 5.8 of this Data Processor Agreement based on the Data Processor’s hourly rates.

7.2 The Data Processor is also entitled to remuneration for any time and material used to adapt and change the processing activities in order to comply with any changes to the Data Controller’s Instruction, including implementation costs and additional costs required to deliver the Main Services due to the change in the Instruction. The Data Processor is exempted from liability for non-performance with the Main Agreement if the performance of the obligations under the Main Agreement would be in conflict with any changed Instruction or if contractual delivery in accordance with the changed Instruction is impossible. This could for instance be the case; (i) if the changes to the Instruction cannot technically, practically or legally be implemented; (ii) where the Data Controller explicitly requires that the changes to the Instruction shall be applicable before the changes can be implemented; and (iii) in the period of time until the Main Agreement is changed to reflect the new Instruction and commercial terms thereof.

8. Limitation of Liability

8.1 The total aggregate liability to the Client, of whatever nature, whether in contract, tort or otherwise, of the Data Processor for any losses whatsoever and howsoever caused arising from or in any way connected with this engagement shall be subject to the “Limitation of Liability” clause set out in the Main Service Level Agreement.

8.2 Nothing in this DPA will relieve the processor of its own direct responsibilities and liabilities under the GDPR.

9. Duration

9.1 The Data Processor Agreement shall remain in force until the Main Service Level Agreement is terminated.

10. Data Protection Officer

10.1 The Data Processor will appoint a Data Protection Officer where such appointment is required by Data Protection Laws and Regulations.

11. Termination

11.1 Following expiration or termination of the Agreement, the Data Processor will delete or return to the Data Controller all Personal Data in its possession as provided in the Agreement except to the extent the Data Processor is required by Applicable law to retain some or all of the Personal Data (in which case the Data Processor will archive the data and implement reasonable measures to prevent the Personal Data from any further processing). The terms of this DPA will continue to apply to such Personal Data.

12. Contact

12.1 The contact information for the Data Processor and the Data Controller is provided in the Main Service Level Agreement.

Sub-appendix A

1. Personal Data

We only collect information about you if we have a reason to do so–for example, to provide our Services, to communicate with you, or to make our Services better.

We collect information in three ways: if and when you provide information to us, automatically through operating our Services, and from outside sources.

1.1 The Data Processor processes the following types of Personal Data in connection with its delivery of the Main Services:

  1. Creative Revenue, provides Canadian based hosting of Data and files that enable the Data Controllers Website & Email to run and be distributed as well as to provide a ready-made infrastructure to run specific features or parts of a WordPress Website. 
    1. IP Addresses
    2. Basic Account Information (details you provided when signing up for a Creative Revenue hosting account)
    3. Transaction & Billing Information (we do not store credit card details)
    4. Credentials (Plesk, cPanel, wp-admin, sftp)
    5. Support Communications (emails to support, support ticket contents)
    6. LOGS – Like most online service providers, we collect information that web browsers, mobile devices, and servers typically make available, such as the browser type, IP address, unique device identifiers, language preference, referring site, the date and time of access, operating system, and mobile network information. We collect log information when you use our Services.  Logs are rotated (deleted) monthly.
    7. Cookies 
    8. Subsidiaries, Employees, and Independent Contractors: We may disclose information about you to our subsidiaries, our employees, and individuals who are our independent contractors that need to know the information in order to help us provide our Services or to process the information on our behalf. We require our subsidiaries, employees, and independent contractors to follow this Privacy Policy for personal information that we share with them.
    9. Third Party Vendors: We may share information about you with third party vendors who need to know information about you in order to provide their services to us, or to provide their services to you or your site. This group includes vendors that help us provide our Services to you (like payment providers that process your credit and debit card information, fraud prevention services that allow us to analyze fraudulent payment transactions, postal and email delivery services that help us stay in touch with you, customer chat and email support services that help us communicate with you, registrars, registries, and data escrow services that allow us to provide domain registration services,  those that help us understand and enhance our Services (like analytics providers).  We require vendors to agree to privacy commitments in order to share information with them.

Sub-appendix B

1. Approved Sub-processors

1.1 The following Sub-Processors shall be considered approved by the Data Controller at the time of entering into this Agreement:

  1. WEBSAVERS
  2. TUCOWS/ENOM

2.1 The following Sub-Processors have been added and communicated to the Data Controller prior to the relevant sub-processing:

  1. NONE

Hosting Disk Space Overage Policy

To provide a fair and transparent process for managing disk space overages that balances the interests of Creative Revenue with the needs of our clients.

Policy Overview

Proactive Disk Space Increase:

When a client is nearing their disk space limit, we will proactively increase their available space by 10GB as a courtesy to prevent service interruptions. This increase is temporary and intended to maintain service continuity while the client takes corrective action.

Notification:

Upon increasing disk space, a notification ticket will be issued to the client, informing them of the action taken and the potential costs. The ticket will detail the steps the client needs to take, either to manage their disk space usage or to formally accept the increased limit.

Grace Period:

Clients will be provided with a grace period of 14 days from the date of notification to manage their disk usage and return within their original limit. During the grace period, no additional charges for the extra 10GB will be incurred.

Resolution Options:

Option 1: Clients can clear enough data to return to their original limit before the end of the grace period.

Option 2: Clients can formally accept the increased disk space, which will be added to their account and billed on their next invoice.

Option 3: If no action is taken, the temporary additional 10GB will be removed after the grace period, which may affect the client’s service if they are still over their original limit.

Billing for Overage:

If the client opts to keep the additional disk space, billing for the extra 10GB will commence after the grace period ends and will be prorated for the first month if applicable. The cost will be in line with our existing pricing structure for additional disk space.

Enforcement:

If the client neither responds nor takes action, we will follow up with a maximum of 1 reminder notifications before the end of the grace period.

After the grace period and final notification, if the client’s usage remains above the original limit, the additional space will be removed, which could potentially lead to service interruptions.

Support:

Clients will have access to customer support for assistance with managing their disk space during the grace period. We will provide resources and tools to help clients understand their disk space usage and how to optimize it.

Upgrade Options:

Clients will always have the option to upgrade their disk space in 10GB increments. We encourage clients to regularly review their disk space needs to avoid overage issues.

By implementing this policy, we aim to provide a safety net for clients that inadvertently exceed their disk space limits while also encouraging proactive management of their resources. This policy is designed to be fair, transparent, and minimize service disruptions.

Hosting Service Level Agreement (SLA)

Service Availability

We guarantee network uptime of 99.95% in a given calendar month, excluding our list of exceptions.

Exceptions

See our list of exceptions below.

  • Maintenance period of 1AM – 5:30AM ET
  • Emergency maintenance due to security or hardware replacement/repair (1 HOUR – 24/7)
  • Downtime caused by third party DNS providers or client side DNS changes
  • DDOS Mitigation
  • Throttling
  • Performing WordPress core & plugin update (under maintenance) periods.
  • Modified code, changes, edits, installs (theme/core/plugins) by client or client contractor. (example would be 500 errors)
  • Firewall blocks (your office IP blocked due to firewall rule trigger)
  • Downtime caused by violation of our TOS/AUP
  • Force majeure or any event beyond our control.
  • Dev, sandbox & staging sites are not covered under our SLA.

SLA Credits (Monthly)

99.95% allows for 21.92 minutes of downtime in a given month.

  • 23-60 minutes of downtime, you will receive a credit of 5% for the AFFECTED install(s).
  • 61-120 minutes of downtime, you will receive a credit of 10% for the AFFECTED install(s).
  • 121 – 180 minutes of downtime, you will receive a credit of 25% for the AFFECTED install(s).
  • Any downtime event exceeding 180 minutes of downtime, you will receive a credit of 100% for the AFFECTED install(s).

All of the above are based on the monthly charge for your install, SLA credits will not exceed 100% of your monthly fee.

Downtime events are based on our monitoring. In the case of a dispute, the raw access logs will be reviewed to verify no traffic was being served.

How to Request SLA Credits

Open a ticket by emailing [email protected]  detailing the downtime event for our review. Once approved, SLA credits will be applied as a credit balance on your Creative Revenue account & will be used for future invoices.

Time Limitations for SLA Credit Requests

Credit requests must be made within 7 days of the month for which the credit is being requested.

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