Website Privacy Notice & Terms of Use

Website Terms Of Use

Privacy Statement

At Sherpa Marketing Inc. ("Sherpa Marketing", "we" or "us"), we recognize the importance of protecting personal information.  We have established this Privacy Statement to set out our policy concerning the collection, use, administration and disclosure of personal information that is in our custody or under our control.  This Privacy Statement complies with applicable privacy laws where we operate, including without limitation, the Personal Information Protection and Electronic Documents Act (Canada).

This Privacy Statement applies to "personal information".  In the interpretation of this Privacy Statement and its terms, Sherpa Marketing will rely on the definition of "personal information" under applicable privacy laws. Generally speaking, "personal information" includes information about an identifiable individual, but would not include the business contact information of a third party employee where we have been in contact with that employee for their business advertising, marketing or other business needs.  "Personal information" will not include information about employees or contractors of Sherpa Marketing, as Sherpa Marketing employee and contractor personal information is the subject of other Sherpa Marketing policies and not this Privacy Statement.

What personal information does Sherpa Marketing collect?  For what purposes?

At Sherpa Marketing, we only require personal information that is necessary to carry out our services.  You may also choose to provide us with optional additional personal information at your discretion.

Our Services

At Sherpa Marketing, our focus is to help you and your business reach the summit of success through strategic and effective marketing. In order to provide requested services, it may be necessary for Sherpa Marketing to collect personal information from time to time.  The nature of that personal information will depend on the type of service you require.  When we collect personal information from you in connection with a service, we will seek consent at the time of or in connection with that collection.  We will also identify the purposes for the collection and use of personal information.

For persons visiting our office, we may collect your name, address, company name you represent, title and contact details, together with other relevant information.

For clients who have requested services, we require the client name (address, contact details), designated contact name, title, email and telephone number, project details, credit card or banking information for payment processing, as well as other relevant information.

For service providers or potential service providers, we require the supplier name (address, contact details), designated contact name, title, email and telephone number, contract details, payment information as appropriate, together with other relevant information.

All of the above will be retained in our records in accordance with Sherpa Marketing policies and this Privacy Statement.

We will use personal information provided to us to:

(i) to contact you and to provide the services requested;
(ii) to send you newsletters and industry updates as appropriate;
(iii) to communicate with you in connection with your project and other opportunities, subject to your consent;
(iv) to process payments for services rendered and for related financial requirements; and
(v) as otherwise permitted or required in connection with our business under applicable privacy laws and our policies.

Our Website

On our website, sherpamarketing.ca, you may choose to use the Contact Us feature of our website.  In order for us to contact you concerning your inquiry, we require your name, email address and telephone number.  You may also choose to provide us with your company name, industry details, information concerning the project type you are interested as well as your project needs. Information provided to us through our website "Contact Us" section will be used, of course, to contact you in connection with your inquiry and your information will be stored in our database in the normal course, including where you choose not to move ahead with any project. We do not disclose our client database nor allow third parties access to our client database, unless of course we are specifically compelled to do so at law.

Analytics and Cookies

We advise our clients that valuable information can be learned from analytics data.  At Sherpa Marketing, we use Google Analytics in connection with our website to collect data to better understand our market and those who are interested in our services.  Through the use of cookies, which track certain user information from one session on a website to another or between websites, Google Analytics can analyze a website user's behavior and provide us with valuable insight in terms of improving our website and services. Please note that your Internet Protocol (IP) address will be collected through the use of our website unless you disable cookies through your internet browser; disabling cookies may not allow certain features of our website to work effectively.  We may see information concerning a user's geographical location, user behavior and interests given your internet use and selections on our site and others that help us tailor our services.  We do not engage in any process to connect or identify an IP address with other personal information.

Sherpa Marketing uses generalized analytics data in connection with its services and may use or disclose such aggregated data without consent.

How do I consent to collection, use or disclosure of my personal information?

Consent can either be express or implied based on the circumstances.  Sherpa Marketing will rely on implied consent only where the use of your personal information is directly and clearly connected to the purpose for which your personal information was provided. 

Does Sherpa Marketing disclose personal information?

Sherpa Marketing will only disclose your personal information with your consent, unless otherwise required or permitted by applicable privacy laws.  You may choose to authorize a disclosure to a designated agent or representative.

Where we are working with other service providers to carry out your requested service, we will specifically seek your consent prior to the disclosure of personal information.
Sherpa Marketing reserves the right to require consents in writing.

Please note that from time to time we may work with third party service providers who are located within and/or outside of Canada and who may store their data outside of Canada.  Given their jurisdiction of operation, those service providers may be subject to laws that are very different from Canadian laws and Canadian privacy requirements.  We will use contractual or other means to protect personal information.  In disclosing such information, we will detail to you the countries outside Canada in which the collection, use, disclosure or storage is occurring or may occur and the purpose for which the service provider outside of Canada has been authorized to collect, use or disclose personal information for or on behalf of Sherpa Marketing. 

In working with service providers outside of Canada with respect to personal information, Sherpa Marketing shall: (i) notify you of the way in which you may obtain access to written information about the service provider's policies and practices; and (ii) the name or position name or title of a person who is able to answer on behalf of that service provider organization your questions about collect, use, disclosure, or storage of personal information.

Should Sherpa Marketing use the services of third parties for processing, we will use contractual and other means to bind those third party processors to comparable privacy obligations in order to protect personal information while it is being processed.

Links

Sherpa Marketing's website may contain links to third party websites.  Sherpa Marketing is not responsible for third party website content and links do not constitute an endorsement of that third party by Sherpa Marketing.  When visiting any third party website, users should review such website's terms of use and privacy terms.  Any use of third party websites is at the user's sole risk.

How does Sherpa Marketing administer and protect personal information?

Sherpa Marketing takes its privacy obligations very seriously.  We treat personal information as confidential information and have in place physical, organizational and technological safeguards to help protect your personal information, including from such things as loss, theft, unauthorized access, disclosure, copying, use or modification.  All Sherpa Marketing employees are subject to confidentiality obligations that help to protect personal information and employees are granted access to personal information only on a need-to-know basis to carry out their employment duties.

Sherpa Marketing will take steps to ensure that personal information is accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.

Sherpa Marketing has designated a privacy officer who is tasked with ensuring our compliance with applicable privacy laws.

Does Sherpa Marketing have a breach notification policy?

In accordance with Canadian privacy law requirements, in the unlikely event of a security breach that creates a real risk of significant harm to an individual, Sherpa Marketing will notify the Privacy Commissioner of Canada or such other commissioner as appropriate under applicable privacy laws and all affected individuals in writing as soon as feasible should a breach be determined to have occurred.  We will make sure that we clearly outline any relevant details so that steps can be taken to minimize any such risk or harm.

Can I get access to my personal information held by Sherpa Marketing?

Generally yes and to get access you must detail your request in writing to Sherpa Marketing.  In administering and responding to any such request for access, Sherpa Marketing will comply with the applicable privacy laws that regulate access requests and will notify you in writing of our response. This will include a need to confirm identity.

There are circumstances where Sherpa Marketing will be restricted from providing personal information, such as where your personal information is combined with other third party personal information and cannot be reasonably severed or where disclosure is not appropriate at law.  If we cannot provide you with your personal information, we will detail our reasons in writing.

Can I change or correct my personal information? Can I change or withdraw my consent?

It is important that the personal information you provide to us is correct and accurate.  Please notify us in writing of any request to change or correct personal information and we will administer and respond to that request in accordance with our privacy obligations.

You may change or withdraw your consent to use your personal information, subject to legal or contractual restrictions.  On receipt of notice of a change or withdrawal of consent, Sherpa Marketing will inform you of the likely consequences of withdrawing or changing your consent.

How do I ask a question, raise an issue, make a complaint or get more information concerning Sherpa Marketing's privacy practices?

Please contact our privacy officer at:
Sherpa Marketing
500 - 211 Bannatyne Ave.
Winnipeg, MB. R3B 3P2
Attention: Privacy Officer

or via email at:
privacyofficer@sherpamarketing.ca

Changes to this Privacy Statement

Sherpa Marketing reserves the right to make changes to this Privacy Statement and its privacy practices.  Should we make any changes, we will post an updated Privacy Statement on our website.  Your continued use of our website constitutes your acceptance of this Privacy Statement and any update we may make.  We encourage all users to review this Privacy Statement, including for any updates, on a regular basis.

WEBSITE TERMS OF USE

1. Modifications.  It may be necessary for us to modify these Terms of Use from time to time.  Should we modify these Terms of Use, we will update the Effective Date identified at the top of these Terms of Use and any such modifications will take effect upon posting to the Sherpa Site.  Your continued use of the Sherpa Site constitutes your acceptance of the Terms of Use as modified.  We urge all users to review these Terms of Use on a regular basis to ensure that you are aware of all current terms and conditions governing your use of the Sherpa Site.
   
   
2. Services Agreement.  At Sherpa Marketing, we offer outstanding and diverse services to assist your business in the climb to success; we offer a wide range of services including without limitation to help you set business goals, to develop, execute and evaluate your campaigns, to innovate and to take client relationships to the next level.  The Sherpa Site contains general descriptions of services we offer, which will be tailored to meet each client's unique needs, and these descriptions are provided for informational purposes only.  Use of the Sherpa Site does not create a client relationship with Sherpa Marketing.  In order to become a client of Sherpa Marketing, we have to enter into a written services agreement which will be prepared as part of a larger discussion concerning requested services.
   
   
3. Privacy Statement.  Our Privacy Statement https://www.sherpamarketing.ca/privacy-policy sets out the manner in which Sherpa Marketing collects, uses, discloses and administers personal information.  The Sherpa Marketing Privacy Statement is incorporated into and forms part of these Website Terms of Use.
   
   When you use the Contact Us feature of the Sherpa Site or otherwise contact us, we will use the information you submit to us to contact you and to provide services as appropriate.  Your personal information will also be included in our database system for future contact and in accordance with our Privacy Statement.
   
   
4. Results.  At Sherpa Marketing, we have executed hundreds of campaigns driving many millions of dollars in sales for our clients and we carefully consider each campaign we undertake.  We help you to identify your business' goals and challenges and then work with you to create campaigns that target your specific needs.  We cannot, however, guarantee the success of any one campaign.
   
   
5. Employment Opportunities.  You may choose to submit an application to Sherpa Marketing by way of email to info@sherpamarketing.ca.  Any employment application emails are received at our head office in Winnipeg, Manitoba, Canada and will be administered in accordance with our obligations under Manitoba law and our employment policies as established from time to time.
   
   
6. Site Content and Intellectual Property.  The Sherpa Site features blog posts, whitepapers and other such content that is intended for informational purposes only.  Use of any such content is at the user's sole risk; Sherpa Marketing does not guarantee results from reliance on any such content.
   
   Sherpa Marketing may from time to time feature or link to third party content on the Sherpa Site; this should not be characterized as and does not constitute an endorsement by Sherpa Marketing.  Sherpa Marketing is not responsible or liable for third party content, including links, featured on the Sherpa Site.
   
   All content on the Sherpa Site is subject to intellectual property protections, including without limitation copyright and trademark rights and protectable under international conventions.  These rights are enforceable by Sherpa Marketing at law.  You are prohibited from removing any proprietary notices that appear on the Sherpa Site or in connection with Site content.  Content on the Sherpa Site may be used by you for information purposes only and may not be copied, reproduced or distributed in any way without our prior written consent.
   
   
7. Age of Majority.  Content on the Sherpa Site is not intended for use by children.  You must be the age of majority or older to use the Sherpa Site.
   
   
8. Restrictions.  Sherpa Marketing has the right, but not the obligation, to take any of the following actions in our discretion and without notice:
   
   
   1. restrict, suspend or terminate your access to the Sherpa Site or any services (in accordance with the Services Agreement entered into between you and Sherpa Marketing);
   2. change, suspend or discontinue any service offerings from time to time;
   3. add, change, move or remove any site content or features from the Sherpa Site;
   4. should we allow users to establish an account at any time, we reserve the right to deactivate that account and to restrict use or delete accounts in our discretion;
   5. establish use restrictions concerning user content from time to time.
      
      
9. User Comments/Other Submissions.  You have the option to submit comments through the Sherpa Site.  Sherpa may also make available, from time to time, features of the Sherpa Site to receive comment, content or input from users.  All user submissions shall be original and shall not violate third party rights.
   
   When a user submits comments, information or content to the Sherpa Site, you are granting to Sherpa Marketing an irrevocable, royalty-free, world-wide right (but not an obligation) and license to use those comments, information or content for its own purposes, without any right to compensation by you.
   
   In making any submission to Sherpa Marketing of any kind, you agree that you will not engage in any of the following:
   
   
   1. defamation, abuse, harassment, stalking, engaging in threats, or otherwise violate the legal rights of others;
   2. publishing, posting, uploading, emailing, distributing, displaying, promoting, disseminating or otherwise making available any material that is inappropriate (for example profane, vulgar, libelous, defamatory, obscene, racist, sexually explicit, offensive, false or unlawful);
   3. transmitting any information or materials to Sherpa Marketing that are not original or which violate third party rights, including without limitation proprietary or intellectual property rights;
   4. provide a submission that contains any virus, corrupt file, spyware, adware or any other program that may damage or adversely affect the Sherpa Site or those of other users;
   5. otherwise interfere with or disrupt the use of the Sherpa Site.
      
      
   In the event that Sherpa Marketing chooses to offer features such as forums, bulletin boards, chat rooms or other interactive areas, you must follow the terms and conditions specifically established for those features.  You will use these features only to communicate on the direct issues addressed thereon and not for any other purpose. Without restricting any of the foregoing, you agree that you will not at any time submit inappropriate content or content that violates third party rights to Sherpa Marketing.
   
   Sherpa Marketing reserves the right to suspend or terminate your account should you violate any of the foregoing, including without limitation third party rights, in submitting comment, content or input to Sherpa Marketing, in addition to other remedies available to it at law.
   
   Any comment, content or input from users submitted to Sherpa Marketing is not required to be treated as confidential information by Sherpa Marketing and may be used or disclose in its discretion.
   
   All user comment, content or input received by Sherpa Marketing from you as a user will be your sole responsibility; you and not Sherpa Marketing will be responsible for all information or materials that you upload as user comment, content or input and you indemnify Sherpa Marketing from any demand, claim, suit or proceeding concerning the violation of rights of any person in accordance with paragraph 13 below.
   
   
10. Payment Processing.  Sherpa Marketing does not process payments through the Sherpa Site.  Payments will be processed in accordance with the terms of your Services Agreement with Sherpa Marketing.
    
    
11. Jurisdiction.  All services provided by Sherpa Marketing shall be deemed to be provided from Sherpa Marketing head office located in Winnipeg, Manitoba, Canada, unless otherwise specified in your Services Agreement with Sherpa Marketing.
    
    
12. Termination.  Sherpa Marketing reserves the right in its discretion to terminate your access to and use of the Sherpa Site, or any of its features at any time.
    
    
13. Indemnification.  You agree to defend, indemnify and hold harmless Sherpa Marketing, its directors, officers, employees, shareholders, contractors, and representatives from and against any and all costs, claims, demands, liabilities, losses, damages, judgments, settlements, costs and expenses arising out of your use of the Sherpa Site or any online features of the Sherpa Site, or your violation of any of your obligations under these Terms of Use.  You will cooperate fully and as reasonably required by Sherpa Marketing, and at your own cost, in defense of any claim.  Notwithstanding any indemnity to be provided by you, we reserve the right to assume the exclusive control of any defense and any settlement decisions concerning any claim, suit or proceeding.
    
    
14. Disclaimer.  Use of the Sherpa Site is provided on an "as is" and "as available" basis, and to the fullest extent permitted by law, Sherpa Marketing makes no representations or warranties of any kind, express or implied, concerning the Sherpa Site, and any content featured thereon, including without limitation non-infringement, merchantability or fitness for a particular purpose.  If you subscribe to any fee-based services, and while we will do our utmost to ensure availability of the Sherpa Site, we cannot warrant that the Sherpa Site will be uninterrupted or error-free; no refunds will be issued for any interruption of Sherpa Site availability.
    
    Sherpa Marketing does not warrant that your activities or use of the Sherpa Site are lawful in your jurisdiction of use.  You are responsible for compliance with all applicable laws when using the Sherpa Site.
    
    
15. Limitation of Liability.  UNDER NO CIRCUMSTANCES WILL SHERPA MARKETING BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, COST OR DAMAGE OF ANY KIND (INCLUDING WITHOUT LIMITATION FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING FROM, DIRECTLY OR INDIRECTLY, YOUR USE OF THE SHERPA SITE, ITS FEATURES OR CONTENT.  YOUR ACCESS TO AND USE OF THE SHERPA SITE IS AT YOUR OWN RISK.
    
    
16. Governing Law.  These Terms of Use are governed by and shall be construed in accordance with the laws of the Province of Manitoba, Canada.  The parties irrevocably attorn to the exclusive jurisdiction of the courts of Manitoba with respect to a dispute concerning the subject matter of this Agreement.
    
    
17. Authority.  You hereby confirm to Sherpa Marketing that you have all necessary power and authority to agree to these Terms of Use.
    
    
18. General.  These Terms of Use and any documents or materials incorporated by reference herein constitute the entire agreement between the parties with respect to the subject matter hereof.  There are no representations or warranties between the parties except as expressly set out herein.  All notices to be provided to users generally under these Terms of Use will be featured on the Sherpa Site; if you have set up an account and have provided us with an email address, we may communicate with you through that email address and provided notice by email in our discretion.  Users are responsible to ensure that their current email is on file with Sherpa Marketing.  These Terms of Use may not be assigned by a user without the prior written consent of Sherpa Marketing.  Any failure by Sherpa Marketing to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such rights.