TERMS & CONDITIONS
Your Agreement to Purchase
By proceeding to place an order with Color Space Inc. ("us" or "we") through www.colorspacehair.com ("our Website"), you agree to be bound by the terms of this contract (the "Terms"). If you do not agree to be bound by the Terms, do not check the box "I agree with the Terms" and do not proceed with your order. Please retain a copy of the Terms which have been e-mailed to you along with your purchase order. Orders may only be placed by residents of Canada and the United States of America for shipment to these countries.
- Availability of Products: Products listed on our Website may not be available at the time you make your order. Your order is subject to availability of products.
- Acceptance of Orders: Except in Quebec, the descriptions of products on our Website are invitations for you to make an offer to purchase. Once you place an order, we will e-mail you a confirmation number to the e-mail address that you provided for the purpose of us sending notices to you. The confirmation number does not constitute an acceptance of your order. Your order will only be accepted once the goods are ready to be shipped and payment has been processed. We reserve the right to accept or reject the order once you have completed and placed your order. We also reserve the right to cancel an order for any reason, even if payment has already been made. If payment has already been made, we will refund the payment to the credit card you provided for payment.
- Description: We do not represent or warrant that product descriptions and other information on our Website are accurate, complete, reliable, current or error-free. If you find that a product you purchase is not as described, your sole remedy is to return it within 60 days of receipt by you.
- Disclaimers of Warranties: The only express warranties or conditions provided are those warranties that are described in the description of the goods on this Website. Some jurisdictions, such as Québec, do not allow us to limit implied warranties and conditions. If these laws apply to you, some or all of the following disclaimers may not apply to you. To the fullest extent permitted by applicable laws, we disclaim all warranties and conditions of any kind, whether legal, express or implied (including warranties and conditions of merchantable quality, merchantability, quality or fitness for a particular purpose, durability and non-infringement), whether arising from statute, course of dealing, usage of trade or otherwise.
- Returns and Warranty Claims: You may return goods in original condition for a refund within 60 days of delivery. Returned goods must be unopened in their original packaging. When your return is received and processed, your account will be charged a 20% restocking fee. In all other cases, all sales are final. Unless otherwise provided in a manufacturer's warranty (if applicable) or provided in the description of the goods on this Website or unless required by applicable laws, your sole remedy in the event of a warranty claim is to have the product exchanged for a product of equal or greater value.
- Payment: During the check-out process you will be provided with a list of the goods you are purchasing, their price, and a list of all additional charges. You will be asked to confirm your order at the end of the check-out process. By clicking "confirm", you agree to pay us the amount set out in box labelled "Order Total". The Order Total is set out in either Canadian or US dollars and includes shipping and handling fees and applicable taxes. The Order Total will be charged to the credit card you entered when the product is shipped. You may pay using one of the following credit cards: Visa, Mastercard, American Express, Discover, and AfterPay. If your payment is declined or reversed for any reason, your order will be cancelled and your order will not be shipped.
- Shipments: We will e-mail you to confirm that your order has been shipped. You are deemed to have received the product [number] days after it has been shipped by us. The estimated cost of shipping will be provided at the time of check-out. The actual cost of shipping will depend on the size and weight of the total order shipped and the number of items shipped in one package. We will confirm the cost of shipping in the e-mail we send to you at the time your order is shipped. You agree to pay any additional shipping charges, which will be charged to the same credit card that you used to purchase the product. We use third-party carriers to ship our products to you. We will advise you of the carrier delivering your order in the shipping confirmation e-mail you will receive once your order has shipped. We are not responsible for the loss of any products once the order has been shipped to the delivery address you provided. If you wish to purchase shipping insurance, please do so at the time of checkout.
- Amendment to the Terms: We reserve the right to amend the Terms at any time without notice to you. The Terms that govern your order will be the Terms posted to our Website on the day and time that you place your order. Each time you place an order you should review and print the Terms.
- Limitations of Liability: Certain jurisdictions, such as Québec, do not allow the exclusions of damages. If these laws apply to you, some of the following exclusions of liability may not apply to you. In no event will we be liable to you for an amount greater than the Order Total, exclusive of taxes and shipping, or for any indirect, incidental, special, exemplary, punitive or consequential damages of any nature (including loss of use, loss of data, loss of profit and loss of savings) to you whether arising in connection with the use of this Website or the products irrespective of whether your claim arises in contract, tort (including negligence and product liability), strict liability, restitution, breach of statute or any other theory of law and even if we had been advised or had reasons to know of the possibility of such damages.
- Applicable Law: The Terms are governed by the laws of the province of Ontario, Canada without reference to conflict of laws principles, unless the applicable laws of your province or state of residence require that the laws of such province or state govern, in which case, the laws of such province or state are to govern. You agree that the exclusive jurisdiction for any claim, action or dispute with us will be in the courts of the province of Ontario, Canada. If any provision or part of a provision of the Terms is determined to be unenforceable by reason of applicable laws, it shall be severed from the rest of the Terms, which will continue to apply.
- Entire Agreement and Notices: The Terms, your purchase order and our confirmation of shipping constitute our entire agreement with you. Any notices required or permitted to be given under the Terms or applicable laws may be given to you at the e-mail address you provided to us during your order. Any notice given to you will be effective three days after we send the notice to you, irrespective of whether you receive it or it is returned to us as undeliverable. You may contact us at: firstname.lastname@example.org.
This Privacy Notice applies to personal information Color Space Inc. 264 – 4936 Yonge St. Toronto, Ontario, M2N 6S3 collects through this website www.colorspacehair.com and our mobile apps. Below are highlights of our personal information handling practices. Click here [hyperlink] for our detailed Privacy Notice.
- Information We Collect: We collect your information from the following sources:
(a) information you give us when you fill out forms, such as during online purchases, customer service inquiries and surveys;
(b) information from other sources, such as affiliates of our company with which you have purchased goods and services and companies that help us to update our records (see below for links for more information on our affiliates and service providers); and
(c) information that we collect automatically when you visit our website, such as information about your browser settings and other information collected through cookies.
- Why We Collect and Use Your Information:
(a) We use your information to provide products and services and to manage our business operations. For example, we use your information in order to fill your orders, answer your inquiries, authenticate you when you sign into online services, prevent loss and fraud, and analyze our business operations and website performance.
(b) We use your information for marketing and promotional purposes, including with our promotional partners.
(c) We combine all the information we collect other than information relating to your browsing history in order to understand your interests better and to analyze customer trends.
- When We Share Your Information:
(a) We share information with our affiliates who may be outside of Canada and may be subject to laws that are different from those in Canada. These affiliates may combine the information we provide with other information that they have collected from you. Click here www.collectivebb.com to see a list of our affiliates.
(b) We use third parties to assist us in our operations, including our direct advertising and marketing services. We may also share your information with these third parties in order to provide services to you such as shipping. Click here [insert URL] to see a list of service providers who have access to your personal information.
- Your Choices:
(a) When you shop online with us or one of our affiliates and you create an account, we will create an account profile for you. We will use this account profile to select certain goods for you to view during your online experience. This means that you will see a highly customized inventory. If you would prefer not to have a customized experience, you may use our "guest checkout" option instead of creating an account. Your experience on our website will still be customized based on your browsing history, but we will not use your purchase history to customize the inventory we show you.
(b) The Preference Centre allows you to change your communication preferences with respect to e-mail newsletters and notifications of special offers and products.
(c) You may also close your account if you want to withdraw your consent from our further use of your information. We may, however, retain information about your previous transactions for audit purposes, to ensure the integrity of our data and to fulfill legal requirements.
- How to Contact Us: If you have a privacy question or concern, please contact us at: email@example.com.
Detailed Privacy Notice
- About Us: This website (www.colorspacehair.com) is operated by Color Space Inc. We are located at 264 – 4936 Yonge St. Toronto, Ontario, M2N 6S3. We have appointed a Chief Privacy Officer who is accountable for our personal information handling practices. Our Chief Privacy Officer is Joanne Domanski. If you have a question or complaint about our personal information handling practices, please contact us using our web form using the following link: www.colorspacehair.com/contactus. In this Privacy Notice, the terms "we", "our" and "us" mean Color Space Inc..
- Effective Date and Scope: This Privacy Notice is effective as of November 1, 2020. This Privacy Notice governs our practices with respect to personal information we collect through the following websites and online applications: www.collectivebb.com, www.colorspacehair.com. Our customers are independently owned and operated. They are required to have a comprehensive privacy notice that is available at their locations.
- What Personal Information Do We Collect? Personal information is information that identifies you or could be combined by us or our service providers and affiliates with other information to identify you. This information includes your personal e-mail address, your home address, your home telephone number, your personal cellphone number, your image, and may include your age, your income and other similar information when associated with you. Personal information may also be information containing details as to whether you have opened our promotional e-mails or how you have used our website, if we can associate that personal information with you. If you are a business customer or prospective business customer, personal information does not include your title, business address and business telephone number when we use that information to contact you in your business capacity.
We collect personal information from you when you create an account, make a purchase, enter a contest or promotion, communicate with us using our web forms to make a request or ask a question, submit a product review, take a survey or otherwise submit personal information to us with your communication. For example, we will request credit card and other identifying information to process a credit card transaction when you purchase a product through our website. We will also ask you for contact information in order to ship your product to you or the recipient that you designate.
We receive personal information about you from other sources. For example, we will receive information from credit card processors regarding whether the credit card details you gave us have been accepted or declined. We will receive information from shipping companies regarding whether the product we shipped was delivered or was undeliverable. We may also acquire information about you from other promotional or marketing companies with whom you shared your information and whom you have allowed to provide information to us.
- How Do We Use Your Personal Information? We use your information to provide products and services and to manage our business operations. Some examples include:
(a) to register your account;
(b) to authenticate you when you log into your account;
(c) to fulfill your requests for products and services;
(d) to communicate with you about your requests;
(e) to administer contests and promotions that you participate in;
(f) to recommend or to offer you other products and services based on your inferred interests;
(g) to post your product reviews;
(h) to communicate with you regarding customer service issues and any product recalls or warranty service; and
(i) to protect the security or integrity of our websites and our business.
We retain your information for as long as necessary to fulfill the purposes for which we collected the information or as required by law. We maintain a records retention and destruction program to destroy information when it is no longer needed or required.
- Personalized Experience and Web Analytics: We also automatically collect information when you visit our website in order to customize your experience. For example, we collect information about what site referred you to our website, your browser type, operating system type and version, language, and your Internet Protocol ("IP") address. We also collect information about how you browse through our website, including logging the pages you visit and the amount of time you spend on certain pages. We use this information for a number of technical purposes to ensure that our pages load correctly in your browser, as well as to personalize our offers to you. We also use this information to improve our website. For example:
(a) we use IP addresses to correct pages for your geographical location;
(b) we log the frequency of visits to certain pages on our website and how visitors navigate through our website in order to detect problems, improve our website and learn about what products and services are of interest to our customers;
(c) we use information about products that you have clicked on to make suggestions about other products or services that you might be interested in viewing; and
(d) we track whether certain types of promotional e-mails were opened by you and whether you sought information about a particular product or service in order to make inferences about other products and services you might be interested in.
In addition, if you create an account, we will use your purchase history with us and our affiliates to show you inventory based on your purchasing characteristics. This means that you may not see offers and inventory that other visitors to our site will see. If you would prefer not to have this level of customization, you may use our guest checkout experience and not create an account.
- Your Ad Choices: Interest-Based Advertising Our website uses small pixel files (small images) and cookies (small text files) to keep track of your browser so that you will be recognized when you visit other websites where our third-party ad management providers may show you advertisements from us based on your visit to our website. Some of these advertisements may be customized to particular products and services that you viewed or they may be based on inferences about products and services that you might be interested in. This is called "interest-based advertising".
These pixel files and cookies are generally valid for a limited number of days (usually no more than 90 days) and are provided by our ad management providers. We require our ad management providers to participate in the Digital Advertising Alliance of Canada's Ad Choices Program. Visit the Digital Advertising Alliance of Canada: Your AdChoices website (http://www.youradchoices.ca) where you can find out more information about digital advertising and how you can opt-out of interest-based advertising. You can also opt-out of interest-based advertising using the link provided in any of our interest-based advertisements. Look for the Ad Choices icon or other link provided.
Please note that if you opt-out of interest-based advertising you may still see advertisements from us on other websites. However, they will not be customized based on your browsing history on our website. In addition, we will continue to customize our offers of products and services to you when you are on our website unless you block cookies from our website. If you block cookies on our website, certain functions, such as the "shopping cart" will not function properly because our website must recognize you as you move through the checkout process.
- Regarding Children and Minors: Our website and the services offered on our website are not directed to children under the age of 13 years. We will not knowingly collect personal information about a child under the age of 13. We do not allow minors (persons who are under the age of majority in their place of residence) to create accounts, make purchases or enter contests or promotions.
- Do We Disclose Your Personal Information to Others? We may share your personal information with our service providers and our corporate affiliates that help us with our business operations. For example, we will share information about your shipping address with companies that provide shipping services to us. We share information with service providers or our affiliates who provide us with marketing and promotional services. We require our service providers and our affiliates to keep your personal information secure. In addition, our service providers may not use or disclose personal information for any purpose other than providing the services on our behalf unless we or they have obtained your consent.
For a list of our affiliates, please click here www.collectivebb.com. For a list of our service providers who have access to your personal information, please click here [insert URL].
We may transfer any information we have about you in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of our business or as part of a corporate reorganization or stock sale or other change in corporate control.
We may also disclose your personal information if it is necessary for us to collect a debt from you or where we have reason to believe that it is relevant to the investigation or decision to investigate a breach of the laws of Canada, a province or territory of Canada, or a foreign jurisdiction, and we are legally permitted to do so.
- Law Enforcement Requests: We will disclose personal information without your knowledge or consent if we receive an order, subpoena, warrant or other legal requirement issued by a court, tribunal, regulator or other person with jurisdiction to compel disclosure of your personal information. If we receive a written request from a police officer or other law enforcement agency with authority to request access to your personal information in the course of an actual or potential investigation into a breach of a law, our policy is to provide the requested information.
- Storage Outside of Canada: Your personal information may be used or stored by us or our service providers outside of Canada. We require that our service providers safeguard your personal information. However, if your personal information is used or stored outside of Canada, it will also be subject to the laws of the country in which it is used or stored.
- Preference Centre: If you register for an account, you will have the option to choose what marketing and promotional e-mails and communications you receive from us. You can also store information such as your home and shipping address and credit card information in order to make future purchases faster. You will also be able to review your order history, past product reviews and track shipments.
You can modify your information by logging into your account and making the requested changes. You cannot modify a product review once it has been submitted. However, you can delete your product review.
You may also choose "close my account" and we will remove your account information from active use. Any product reviews will be listed as from a "former user".
If you do not re-activate your account within 3 months, we will permanently delete your account. You may also contact us by one of the means set out in "About Us" to make a deletion request. Please note that we still maintain information that you provided to us for audit purposes or to comply with our legal obligations. We may also de-identify your information in order to continue to use it for research and analytics purposes to understand our business, to make product improvements and to make available to third parties. We prohibit our employees and third parties from attempting to re-identify information that we have de-identified.
- How Do You Access and Modify Your Personal Information or Make a Complaint?: If you have an account, log in to access and to modify the personal information stored with your account. If you have questions or concerns about other personal information collected by us and would like assistance accessing that information, please contact our Chief Privacy Officer at firstname.lastname@example.org.
- How Do We Protect Your Personal Information?: We take administrative, technical and physical measures to safeguard your personal information against unauthorized access, unauthorized disclosure, theft and misuse. This includes limiting access of employees to, and the use of, your personal information through the use of passwords and graduated levels of clearance. We do not publish all of our security measures online because this may reduce their effectiveness. We take physical precautions to ensure that the computer servers on which your personal information is stored and archived are secure and that access to such servers is protected. We educate our employees with respect to their obligations to protect your personal information.
Although we take precautions against possible breaches of our security systems, no company can fully eliminate the risks of unauthorized access to your personal information and no website is completely secure. We cannot guarantee that unauthorized access, hacking, data loss or breaches of our security systems will never occur. Accordingly, you should not transmit personal information to us using our website if you consider that information to be sensitive.
- Links to Third-Party Websites and Social Network Plug-Ins: You may be able to access third-party websites through links available on our websites. You may also connect to social networks such as Instagram, Facebook, YouTube, TikTok, LinkedIn. These links are provided for your convenience. We do not have any control over those third-party websites and we do not provide any guarantee that the privacy practices of the hosts of those websites meet our standards. Your use of such third-party websites is at your own risk and will be governed by the privacy policies of those websites and not by this Privacy Notice. Do not transmit personal information using those websites without reading the privacy policies governing those websites.
You may create links between our website and social networking sites. If you do so, we may be able to publish updates about our products and services to your social network account through the links that you establish. You may terminate those links at any time by modifying your social network account.
If you are logged into a social networking site when visiting our page, your visit to our website will be personalized based on your social networking profile.
- Notice to Persons Outside of Canada: This Privacy Notice is governed by the laws of Canada and applicable provincial laws. By submitting personal information to us, you understand that your personal information will be subject to the laws of Canada and applicable provincial laws.
COLOR SPACE INC. (the “Company”) has a practice of protecting the privacy and security of customer, supplier and employee records. We are committed to meeting our obligations under Canadian data privacy laws, including the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, and applicable provincial laws. We adhere to the privacy principles set out below, which govern the way we collect, use, store and disclose personal information that is obtained in the course of development, sales, promotion and distribution of our products or in the course of employment.
“Personal information”, as used in this policy, means any information about an identifiable person, including employee records, and customer and supplier information, but does not include the name, title, business address, business telephone number, business fax number or business e-mail address of an employee of an organization.
Policy for the Protection of Personal Information:
We will collect, use, store and disclose personal information in accordance with the following privacy principles:
We are responsible for personal information in our possession or custody, including personal information that we may transfer to third parties for processing. We will require our service providers to agree to contractual requirements that are consistent with our privacy and security policies. We will require that our service providers are prohibited from using personal information, except for the specific purpose for which we supply it to them.
- Identifying Purposes: Either before or at the time of collection, we will identify the purposes for which we plan to use the personal information. Depending upon the way in which the personal information is collected, this can be done orally or in writing. The Company may use the information we collect for the following purposes:
(a) to ship products or provide services to our customers;
(b) to provide customers access to Company products, including through email/text marketing initiatives and campaigns;
(c) to respond to customer inquiries about accounts and other services;
(d) to understand our customers and prospective customers’ needs and to offer products and services to meet those needs; and
(e) to meet legal requirements.
Unless required by law, we will not use personal information for a new purpose without the knowledge and consent of the individual to whom the information relates.
- Consent: Personal information will only be collected, used or disclosed with the consent of the individual, except in certain circumstances permitted or required by law. The way in which we seek consent may vary depending upon the sensitivity of the information. We will obtain consent in all cases where the personal information involved is considered sensitive, such as income or health information.
Typically, we will seek consent for the use or disclosure of personal information at the time of collection. However, additional consent will be sought after the personal information has been collected if it is required for a new purpose.
In certain circumstances, obtaining consent would be inappropriate. The federal Personal Information Protection and Electronic Documents Act and provincial privacy laws provide for exceptions where it is impossible or impractical to obtain consent.
- Limiting Collection: We will collect personal information by fair and lawful means and will limit the amount and type of personal information we collect to that which is necessary for our identified purposes.
Personal information will be retained for 3 years and will be stored in a locked storage facility on Company premises. Only the Human Resources department, Finance department, and Privacy Officer have access to the locked storage facility in which the personal information records are being retained. After 3 years, the personal information will be destroyed in a secure manner and in accordance with applicable privacy legislation.
Upon an employee’s resignation, retirement or termination of employment, the employee’s personal information will be destroyed in a secure manner and in accordance with applicable privacy legislation.
- Limiting Use, Disclosure and Retention: We will not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual or as required by law. The Company may sell and/or trade customer lists to selected third-party companies and organizations that meet our requirement for security and confidentiality. These lists will not include any personal information and do not include credit or transaction information. Subject to any applicable business, legal, or regulatory requirements, we will ensure that the data is destroyed in a secure manner, erased or made anonymous.
- Accuracy: We will use our best efforts to ensure that personal information that is used on an ongoing basis and information that is used to make a decision about an individual is as accurate, complete and up-to-date as necessary for the purpose for which it is to be used.
- Safeguards: We will protect personal information with safeguards appropriate to the level of sensitivity of the information. Our safeguards protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, regardless of the format in which the information is held. We will exercise care in the disposal or destruction of personal information to prevent unauthorized parties from gaining access to the information. Our methods of protection include physical measures (e.g., locked file storage and restricted access to offices), organizational measures (e.g., login security and limiting access on a need-to-know basis) and technological measures (e.g., the use of passwords and encryption). We also require our outside service providers to provide a comparable level of protection to personal information that we may supply to them.
- Individual Access: Upon written request, we will inform an individual of the existence, use and disclose of his/her personal information and give him/her reasonable access to that information. We may deny access for legally permissible reasons, such as situations where the information is prohibitively costly to provide, if it contains references to other individuals, or where it cannot be disclosed for legal, security or commercial proprietary reasons. We will advise the individual of any reason for denying an access request. When an individual successfully demonstrates the inaccuracy or incompleteness of personal information held by us, we will correct or update the information as required.
- Filing Inquiries and Complaints: We will investigate all written complaints and respond to all written inquiries. If we find a complaint to be justified, we will take appropriate measures to resolve it.
To file an opt-out request, request access to your information, report incorrect information or file a complaint, please write to email@example.com.