This SLA amends the Agreement between Canary Digital and Customer and addresses the uptime guarantees in relation to the Services we provide to you and your remedies for our failure to meet such guarantees. The remedies contained in this SLA are your sole and exclusive remedies for any issues addressed herein. We may update this SLA from time to time in our sole discretion and you hereby agree to be bound to the SLA terms based upon your continued use of our services.

1. SERVICE AVAILABILITY Canary Digital will make the Services available 99.95% of the time, excluding any Excused Downtime. In a given calendar month, we calculate “Service Availability” as follows:

3. EXCUSED DOWNTIME
   “Excused Downtime” means the length of time the Services are unavailable due to:
1. Scheduled Maintenance;
2. Emergency Maintenance;
3. Beta Services;
4. Force Majeure events; and
5. the actions or omissions of you, your Authorized Users, or any third-party acting on your behalf or at your direction, including any unauthorized use of the Services, breach of the Agreement or related policy, or any use or configuration of the Services that exceeds Canary Digital’s recommendations or advertised limits.

“Scheduled Maintenance” includes any maintenance performed during the following windows or for which we provide reasonable notice or coordination with you in advance of the maintenance.

“Emergency Maintenance” means any maintenance performed outside the Scheduled Maintenance windows without advance notice where such maintenance is reasonably and urgently required to protect the integrity, availability, or security of any online systems.

4. SLA CREDITS
   You are entitled to a credit of 5% of the applicable monthly Fees for each full hour of downtime in excess of the Service Availability targets. (For example, you will receive a 5% credit for between 1 and 60 minutes of downtime in excess of the Service Availability targets, a 10% credit for between 61 and 120 minutes, etc.) In order to receive a credit, you must contact Support within 30 days of the event giving rise to the credit. Credits are based on our monitoring, shall not exceed 100% of the applicable monthly Fees, may not be carried over or aggregated, are forfeited at the expiration or termination of the Agreement, and will not be paid or provided as a refund.
5. ENHANCED SLA
   A service or feature which is described as being subject to our “Enhanced SLA” benefits as follows: the Service Availability target is 99.99%, and you will receive a credit of 3% of the applicable monthly Fees for each half hour of downtime in excess of those targets. Except for these changes, all other terms of the SLA apply as normal.

The Terms of Service (“Terms”) are an agreement between Canary Digital LLC (“Canary Digital”) and you (“User” or “you” or “your”).  This Agreement sets for the general terms and conditions of your use of the products and services made available by Canary Digital and of the Canary Digital.com website and hosting services (collectively, the “Services”).  By using the Services, you agree to be bound by this Agreement.  If you do not agree to abide by the terms of this Agreement, you are not authorized to use the Services.

These Terms describe our commitments to you, and your rights and responsibilities when using our Services. Please read them carefully and reach out to us if you have any questions. These Terms include a mandatory arbitration provision in Section 16. If you don’t agree to these Terms, don’t use our services.

These Terms also govern visitors’ access to and use of any websites that use our Services.  Please note though that the operators of those websites may also have their own separate terms of use.

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes.

1.      These Terms apply to You

For these terms “you” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.

2.     Your Account

When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response.

We may limit your access to our Services until we’re able to verify your account information, like your email address.

When you create a CanaryDigital.com account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). Don’t worry — if you aren’t interested, you can opt out of the marketing communications, whether it’s an email, phone call, or text message.

You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions.

Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, store, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.

If you’d like to learn about how we handle the data you provide us, please see our Privacy Policy.

3.     Minimum Age Requirements

Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13. If you register as a user or otherwise use our Services, you represent that you’re at least 13. You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.

4.     Responsibility of Visitors and Users

We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:

We don’t have any control over third-party websites.

A link to or from one of our Services does not represent or imply that we endorse any third-party website.

We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.

You’re fully responsible for the Content available on your website, and any harm resulting from that Content. It’s your responsibility to ensure that your website’s Content abides by applicable laws and by the Agreement.

We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

Any Content that’s for sale through any of our Services is the seller’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.

We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.

Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.

5.     Fees, Payment, and Renewal

Fees for Paid Services.  By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be one-time fees, recurring fees, or revenue-based fees. For recurring fees, we’ll bill or charge you in the automatically-renewing interval (such as monthly or monthlySingleSitely) you select, on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team. For revenue-based fees — such as fees for the Payments feature — you pay us a percentage of the revenue your website generates. Revenue-based fees are ongoing.

Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment.

Payment. If your payment fails, Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you.

Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to use any payment mechanism we have on record for you, like credit cards or PayPal, or invoice you (in which case payment is due within 15 days) to collect the then-applicable subscription fee as well as any Taxes. By default, your Paid Services will be renewed for the same interval as your original subscription period, so for example, if you purchase a one-year subscription to a Canary Digital plan, you’ll be charged each year for access for another 12-month period. We may charge your account up to one month before the end of the subscription period to make sure pesky billing issues don’t inadvertently disrupt your access to our Services. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If you’ve purchased access to multiple services, you may have multiple renewal dates.

Cancelling Automatic Renewal. You can manage and cancel your Paid Services at the respective Service’s website. For example, you can manage all of your Digital Canary plans through our website.

If auto-renew is successfully turned off, you’ll see the date on which your subscription expires. If you have multiple Paid Services to cancel, repeat this process for each subscription.

Fees and Changes. We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Paid Service.

Refunds. We may have a refund policy for some of our Paid Services, and we’ll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.

6.     Feedback

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.

7.     General Representation and Warranty

The Services are designed to give you control and ownership over your websites. We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:

Ø  Will be in strict accordance with the Agreement;

Ø  Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);

Ø  Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;

Ø  Will not infringe or misappropriate the intellectual property rights of Canary Digital or any third party;

Ø  Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;

Ø  Will not disclose the personal information of others;

Ø  Will not be used to send spam or bulk unsolicited messages;

Ø  Will not interfere with, disrupt, or attack any service or network;

Ø  Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;

Ø  Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source;

Ø  Will not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website or server on the website is stored, or any server, computer or database connected to the website; and

Ø  Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.

8.     Specific Service Terms

a. Canary Digital Websites and Accounts

License. By uploading or sharing Content, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, publicly display, and publish the Content solely for the purpose of providing and improving our products and Services and promoting your website. This license also allows us to make any publicly-posted Content available to select third parties so that these third parties can analyze and use the Content through their services.

Removing Content. If you delete Content, we’ll use reasonable efforts to remove it from public view (or in the case of a private website, from view by the authorized visitors) from our hosting Services, but you acknowledge that cached versions of the Content or references to the Content may not be immediately unavailable.  If we receive a claim for copyright infringement we will follow our copyright policy adhering to the Digital Millennium Copyright Act (“DMCA”) which provides immunity to hosting providers such as Canary Digital.  We strongly recommend you include a copyright policy for removing infringing content from your website.  If you believe that any user contributions violate your copyright, please send us a notice of copyright infringement in accordance with the DMCA.  It is the policy of Canary Digital to terminate the user accounts of repeat infringement. 

Web Traffic. We may use a third-party service to measure audience and usage.  By having your website hosted by Canary Digital, you agree to any applicable third-party service we may use to analyze and optimize web traffic to or through your website. 

Prohibited Uses. Your Content and conduct must not violate any applicable federal, state, local or law or regulation.  Your hosted activities shall not result in the transmittal, procurement, sending or promotion of any content that places Canary Digital in any actual or alleged liability.  If so you agree to indemnify us for any such losses incurred as a result of such conduct.

Advertisements. We may display advertisements on your website unless you have purchased a plan that includes the removal of ads.

Attribution. We may display attribution text or links in your website footer or toolbar, noting that your website is hosted by Canary Digital or attributing the creator of your theme, for example. For more details about these attributions, and under which circumstances (if any) you may alter or remove them, please inquire in writing to Canary Digital.

Email. We may offer you the option to create email mailboxes associated with your Domain Name. Your use of Email is subject to any third-party email provider’s policies, including Terms of Service, Acceptable Use Policy, and Privacy Policy in addition to these Terms. These email services are provided “as is.” We make no warranties related to these services and disclaim any obligations or actions of any third-party email provider under their policies.

Domain Names. We may act as a registrar and also work with third-party registrars to provide domain name services. When you register a domain through Canary Digital or transfer an existing domain to Canary Digital, the policies of the respective registry apply, and you become bound by the relevant registrar’s terms and conditions, in addition to these Terms. When you register a domain, you’re presented with and must agree to the applicable domain registration agreement.  These registrar terms are incorporated by reference into these Terms.

Your domain is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”). You can read about your rights and responsibilities as a domain name registrant under ICANN’s Registrar Accreditation Agreement and about domain name registration generally.

For details about what happens during the domain expiration process and how we may notify you about domain expirations, please contact us in writing prior to the expiration of the domain.

For information about fees associated with domain registrations, renewals, and redemptions, please refer to the domain pricing and available TLDs page.

When you register a domain, you’re required to provide complete and accurate registration information, and you must keep this information current. In most cases, the contact information you provide as part of the registration process may be used as your administrative contact, technical contact, and billing contact for the domain. You can update your domain contact information at any time. If the domain contact information differs from your Canary Digital account information, we consider the administrative contact in your domain contact information to be the owner of the domain, with full authority to manage it.

You hereby grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, and store your Content for the purpose of operating and improving our products and Services.

b.  E-commerce Services

There are certain features that enable you to sell items (goods, content, services, etc.) or receive payments on your website (collectively, “e-commerce Services”).

If you use Ecommerce Services, the terms in this subsection apply, along with the terms for any underlying Service that you use.

Your responsibilities. You have control over your store, and with great power comes great responsibility. You’re solely responsible for all of your ecommerce activities, including managing subscriptions for your website, managing your store, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws (such as those relating to automatic renewal). Among other things, this means that:

We’re not involved in your relationships or transactions with any customer or potential customer.

You may only use e-commerce services for legitimate transactions with your customers.

You must accurately communicate transaction details; set expectations appropriately; and fulfill all promises, representations, or warranties you’ve made.

You’re responsible for the nature and quality of the products or services you provide, and for delivery, support, refunds, returns, providing any appropriate warnings and for any other ancillary services you provide to your customers.

You’re responsible for resolving all support questions, comments, and complaints, including chargebacks and pricing questions. You must provide contact information so customers can contact you with questions or complaints.

You must maintain a fair return, refund, cancellation, or adjustment policy, and clearly explain how customers can request a refund.

If you believe that a transaction may be erroneous or suspicious, you should research the transaction and, if necessary, contact your customer before fulfilling or completing the transaction.

If you have transactions with individuals (i.e., consumers), you specifically agree to provide consumer disclosures required by law, and to not engage in unfair, deceptive, or abusive acts or practices.

You’re financially liable for disputes (including chargebacks), refunds, reversals, or fines that arise from your use of Ecommerce Services.

You must ensure that any information you provide about your business, products, and services is accurate, complete, and current.

You agree to promptly notify us via email if you receive any inquiry or action from a government or regulatory agency (such as the Federal Trade Commission or a state Attorney General) relating to your transactions.

Prohibited Uses. You may not use e-commerce services for any unlawful purposes; in furtherance of illegal activities; or in a manner that is unfair, deceptive, exposes us or customers to unreasonable risks, or does not disclose important terms of a transaction in advance. Among other things, this means that:

E-commerce services cannot be used in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC).

We may terminate your access to our Services or force refunds (where possible) to your subscribers and customers without notice to you if we determine (in our sole discretion) that your use violates the Agreement (which includes violations of applicable law), or if a payment processor or regulatory authority requires it.

If you have a negative account balance (for example because of fraud, chargebacks, or other operational issues) or we’re obligated to pay or collect any fees relating to your ecommerce activities or your use of e-commerce services, you’re responsible for those losses and fees, and we may collect payment for those losses and fees.

Tax Calculations. You’re responsible for payment of all applicable Taxes relating to your ecommerce activities and your use of e-commerce services. You must collect, report, and/or pay the correct amounts to the appropriate authorities if applicable, and if needed, tell your customers about any Taxes they may be required to pay and issue appropriate invoices. Tax laws also differ from jurisdiction to jurisdiction and may be interpreted differently by different authorities. We recommend consulting with a tax professional for your specific tax situation to assess the tax rates you should charge.

If we’re obligated to pay or collect Taxes on your activities or your use of e-commerce services, you’re responsible for these Taxes, and we may collect payment for them from you.

Third-Party Services. You may decide to use third-party services, like Stripe or PayPal to collect payment, TaxJar to calculate Taxes, or EasyPost to manage shipping.  For example, Payments requires a Stripe account to manage payments, and when you use Stripe, you agree to their terms and policies. Please note that third-party services may also charge you fees to use or access their services, as Stripe does for Payments.

We’re not involved in these relationships, but may facilitate transactions or communication. For example, we may, on your behalf, receive notices or forms relating to your Stripe account.

Some of these third party services (like TaxJar, if you use Store) may be enabled by default, but you can disable them before launching your online store if you don’t want to use them.

We may refuse, condition, or suspend any transaction or account if we believe you have violated this Agreement or that your activities or transactions expose you, us, or others to unacceptable risks, as determined by us in our sole discretion.

You authorize us to share data relating to the applicable payment processing third party for their use in accordance with their privacy policy. Please refer to our privacy policy for details on how we otherwise collect, use, and disclose data made available to us as part of payments.

9.     Copyright Infringement and DMCA Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please see our Digital Millennium Copyright Act (“DMCA”) Policy and send us a notice.

10.  Intellectual Property

The Agreement doesn’t transfer any Canary Digital or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Digital Canary and you) solely with Digital Canary.  Trademarks, service marks, graphics, and logos used in connection with our Services may include our trademark as well as the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Canary Digital or third-party trademarks.

11.  Third-Party Services

While using the Services, you may enable, use, or purchase services, products, software, embeds, or applications (like themes, extensions, plugins, or blocks) developed by a third party or yourself (“Third-Party Services”).

If you use any Third-Party Services, you understand that:

Any use of a Third-Party Service is at your own risk, and we won’t be responsible or liable to anyone for Third-Party Services.

Your use is solely between you and the respective third party (“Third Party”) and is governed by the Third Party’s terms and policies.

Some Third-Party Services may request or require access to your data — or to your visitors’ or customers’ data — through things like pixels or cookies. If you use the Third-Party Service or grant them access, the data will be handled in accordance with the Third Party’s privacy policy and practices, which you should carefully review before you use any Third-Party Services. Third-Party Services may not work appropriately with our Services and we may not be able to provide support for issues caused by any Third-Party Services.

If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly.

In rare cases we may at our discretion, suspend, disable, or remove Third-Party Services from your account or website.

12.  Changes

We may update, change, or discontinue any aspect of our Services at any time. Since we’re constantly updating our Services, we sometimes have to change the legal terms under which they’re offered. The Agreement may only be modified by a written amendment signed by an authorized executive of Canary Digital, or if Canary Digital posts a revised version. We’ll let you know when there are changes: we’ll post them here and update the “Last Updated” date, and we may also send you an email or other communication before the changes become effective. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services. To the extent you have an existing subscription, you may be eligible for a refund.

13.  Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any the Agreement or any Automattic policy, or is in any way harmful or objectionable, (iii) ask you to make adjustments, restrict the resources your website uses, or terminate your access to the Services, if we believe your website’s storage or bandwidth usage burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.

You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the duration of your contract, Fees, Payment, and Renewal section of these Terms.

14.  Disclaimers

Our Services are provided “as is.” Canary Digital and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Canary Digital, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

15.  Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the State of Montana, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the state and federal courts located in Yellowstone County, Montana.

16.  Arbitration Agreement

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Billings, Montana, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.

17.  Limitation of Liability

In no event will Canary Digital, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data (including any losses arising out of or relating to interruption of service with e-commerce activities and lost sales); or (iv) for any amounts that exceed the fees paid by you to Canary Digital under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Canary Digital shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

18.  Indemnification

You agree to indemnify and hold harmless Canary Digital, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.

19.  US Economic Sanctions

You may not use the Services if such use is inconsistent with U.S. sanctions law or if you are on any list maintained by a U.S. government authority relating to designated, restricted or prohibited persons.

20.  Data Processing Agreement

If you need a data processing agreement (DPA) with us for the GDPR requirements that apply to us as a data processor for your website please contact us directly in writing.

21.  Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Canary Digital and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Canary Digital may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.

Canary Digital websites (collectively “Canary Digital” in this document) refer to sites hosted on the Canary Digital hosting services platform, which includes other related domains and subdomains thereof. This privacy policy describes how Canary Digital uses and protects any information that you give us. We are committed to ensuring that your privacy is protected. If you provide us with personal information through Canary Digital, you can be assured that it will only be used in accordance with this privacy statement.

Website Visitors

Like most website operators, Canary Digital collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Canary Digital’s purpose in collecting non-personally identifying information is to better understand how visitors use its hosted websites. From time to time, Canary Digital may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends or data analytics statistics.  Canary Digital also collects potentially personally-identifying information like Internet Protocol (IP) addresses.

Canary Digital does not use IP addresses to identify visitors, however, and does not disclose such information, other than under the same circumstances that it uses and discloses personally-identifying information, as described below.

Gathering of Personally-Identifying Information

Certain visitors to Canary Digital choose to interact with Canary Digital hosted websites in ways that require Canary Digital to gather personally-identifying information. The amount and type of information that Canary Digital gathers depends on the nature of the interaction.

In each case, Canary Digital collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Canary Digital. Canary Digital does not disclose personally-identifying information other than as described below. And visitors can refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

All of the information that is collected on Canary Digital will be handled in accordance with applicable regulations governing online privacy.

Protection of Certain Personally-Identifying Information

Canary Digital discloses potentially personally-identifying and personally-identifying information only to those project administrators, employees, contractors, and affiliated organizations that (i) need to know that information in order to process it on Canary Digital’s behalf or to provide services available through Canary Digital, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Canary Digital, you consent to the transfer of such information to them.

Canary Digital will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to project administrators, employees, contractors, and affiliated organizations, as described above, Canary Digital discloses potentially personally-identifying and personally-identifying information only when required to do so by law, if you give permission to have your information shared, or when Canary Digital believes in good faith that disclosure is reasonably necessary to protect the property or rights of Canary Digital, third parties, or the public at large.

If you are a registered user of a Canary Digital website and have supplied your email address, Canary Digital may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Canary Digital and our products.

If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Canary Digital takes all measures reasonably necessary to protect against the unauthorized access, use, alteration, or destruction of potentially personally-identifying and personally-identifying information.

Use of personal information

We use the information you provide to register for an account, attend any of our virtual events, receive newsletters, or use other services in any way.

We will not sell or lease your personal information to third parties unless we have your permission or are required by law to do so.

We would like to send you email marketing communication which may be of interest to you from time to time. If you have consented to marketing, you may opt out later.

You have a right at any time to stop us from contacting you for marketing purposes. If you no longer wish to be contacted for marketing purposes, please click on the unsubscribe link at the bottom of the email.

Legal grounds for processing personal information

We rely on one or more of the following processing conditions:

• our legitimate interests in the effective delivery of information and services to you;
• explicit consent that you have given;
• legal obligations.

Access to data

You have the right to request a copy of the information we hold about you. If you would like a copy of some or all your personal information, please follow the instructions at the end of this section.

Canary Digital user accounts can be edited by you the user.  Please email us for additional details on how you can manage your account, username and password.

If you would like to request access to your account data, please follow these steps:

1. Write to us in an email with the subject “Privacy Data Export Request”
2. Provide your email address.
3. Sign the request form we send you with the following statement “Accept terms and Request Export”.

Retention of personal information

We may keep contact information (such as mailing list information) until a user unsubscribes or requests that we delete that information from our live systems. If you choose to unsubscribe from a mailing list, we may keep certain limited information about you so that we may honor your request.

Banking/financial data collected as part of a reimbursement request is deleted within 7 days after the request is marked paid. The reason for the 7-day retention period is to prevent organizers having to re-enter their banking details if a wire fails or if a payment was marked “Paid” in error. Invoices and receipts related to Canary Digital services are retained for 7 years after the close of the calendar year’s audit, by instruction of our financial consultants (auditors & bookkeepers).

When deletion is requested or otherwise required, we will anonymize the data of data subjects and/or remove their information from publicly accessible sites if the deletion of data would break essential systems or damage the logs or records necessary to the operation of Canary Digital or is otherwise impracticable. 

If you would like to request deletion of your account and associated data, please follow these steps:

1. Write to us in an email with the subject “Privacy Data Deletion Request”
2. Provide your email address.
3. Sign the request form we send you with the following statement “Accept Declaration and Request Permanent Account Deletion”.

Rights in relation to your information

You may have certain rights under data protection law in relation to the personal information we hold about you. In particular, you may have a right to:

• request a copy of personal information we hold about you;
• ask that we update the personal information we hold about you, or independently correct such personal information that you think is incorrect or incomplete;
• ask that we delete personal information that we hold about you from live systems, or restrict the way in which we use such personal information (for information on deletion from archives, see the “Retention of personal information” section);
• object to our processing of your personal information; and/or
• withdraw your consent to our processing of your personal information (to the extent such processing is based on consent and consent is the only permissible basis for processing).

If you would like to exercise these rights or understand if these rights apply to you, please follow the instructions at the end of this Privacy statement.

Third-Party Links

Our website may contain links to other websites provided by third parties not under our control. When following a link and providing information to a Third-party website, please be aware that we are not responsible for the data provided to that third party. This privacy policy only applies to the websites listed at the beginning of this document, so when you visit other websites outside of the Canary Digital ecosystem, even when you click on a link posted on Canary Digital, you should read their own privacy policies.

Aggregated Statistics

Canary Digital may collect statistics about the behavior of visitors to its websites. For instance, Canary Digital may reveal how many times a particular version of WordPress was downloaded or report on which plugins are the most popular, based on data gathered using a web service used by Canary Digital to check for new versions of WordPress and plugins. However, Canary Digital does not disclose personally-identifying information other than as described in this policy.

Cookies

Additionally, information about how you use our website is collected automatically using “cookies”. Cookies are text files placed on your computer to collect standard internet log information and visitor behavior information. This information is used to track visitor use of the website and to compile statistical reports on website activity.

Please see our cookie policy adopted and incorporated by reference for more information about what cookies are collected using Canary Digital and WordPress.org.

Privacy Policy Changes

Although most changes are likely to be minor, Canary Digital may change its Privacy Policy from time to time, and at Canary Digital’s sole discretion. Canary Digital encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

Contact

Please contact us if you have any questions about our privacy policy or information we hold about you by emailing privacy@DigitalCanary.wpengine.com .