The Fatigue Managers Network

Privacy and Security Code and Terms of Use

Privacy and Security Code

FatigueManagersNetwork.org is dedicated to you, our client. For us this means a commitment to securing your privacy. We have written our privacy and security code to reflect that of the Canadian “Personal Information Protection and Electronic Documents Act” and the European Unions "General Data Protection Regulation" . Our privacy and security code describes the types of personal information we collect, how and why we collect it, how we use it and secure it, to whom we disclose it and, when we dispose of it. Our client’s interest and opinion is always welcome and we will gladly provide you with the opportunity to review your own information or request its removal from our system. This can be done by contacting us by e-mail at: [email protected]

Collection of Personal Information

Becoming a valued client of FatigueManagersNetwork.org usually happens because you have either purchased one of our products or contacted us for advice or information. In either case we will have asked you to provide us with your basic contact information such as proper name, home/business/shipping addresses, phone number and e-mail address. We may have also needed a form of payment such as a credit card number or a limited amount of banking information to process a payment. Clients who have contacted FatigueManagersNetwork.org may have discussed specific sleep and, therefore, health related problems and it would have been necessary to gather healthcare history information pertaining to the specific issue being discussed.

Information Use

Only FatigueManagersNetwork.org employees have access to your personal information and they only have access to the information as required to fulfill their specific task or duty. Your electronic information is at all times protected by encryption and passwords. Paper records are secured on site under lock and key.

Information Retention

Contact information is kept indefinitely as part of the clientele list and stays with the company’s ownership in case of sale. Healthcare information you provide stays on file for five years and is then securely destroyed.  Financial information is retained long enough to complete the transaction and is subsequently destroyed through mechanical or electronic means.  No information is store on server accessible through the internet. Electronic information is only stored on secured computers in our physical offices.

Information Disclosure

From time to time we may contact you with promotions or offers that match your needs and preferences. However, we do not sell or share our clientele list with any outside parties. We may at some point in the future sell part of the business or merge with another entity, transfer of customer contact information is a normal part of such transactions. Third party disclosure of any client information outside of FatigueManagersNetwork.org would be limited to the specific information needed on a confidential basis.  In addition we may use technological support from our service providers that requires access to the FatigueManagersNetwork.org Web site administrative system solely for the purposes of maintaining functionality of the site. These providers may include, but are not limited to WordPress, WooCommerce, Thrive.  Information will only be provided to government institutions or in response to a court order. 

Data Controller, Data Processor and Data Protection Officer

Under the requirements of the Canadian Anti-Spam Legislation (CASL) and the European Union’s General Data Protection Regulation (GDPR) and other applicable personal data and privacy regulations, the Web site administrator of FatigueManagersNetwork.org serves as the primary Data Controller, primary Data Processor and Data Protection Officer for FatigueManagersNetwork.org.

Your Options

Part of our commitment to your privacy and security is keeping up to date files. This allows us to better identify you and serve you. You can at anytime refuse to provide any part of your information, however, this may result in an inability to complete a sale or service transaction. We want you to have choice and access, this means you may at anytime update, correct or remove any or your entire file.

Any concerns regarding our privacy and security code would be happily discussed by contacting us. Otherwise we will assume that we may continue to collect and use your information as outlined above.

External Sales Platforms

FatigueManagersNetwork.org uses external sales platforms such as Amazon, Woo Commerce, PayPal and Square.  Please ensure you read their Privacy and Security Code and Terms of Use, or their equivalents, prior to using their services.

Terms of Use Agreement

FatigueManagersNetwork.org is an Internet-based online information and communication service and e-commerce Web site. By accessing or using FatigueManagersNetwork.org and its employees, hereafter collectively referred to as FatigueManagersNetwork.org, you agree to be bound by the terms and conditions of this document. If you do not wish to be bound by this Agreement, you may not access or use FatigueManagersNetwork.org

FatigueManagersNetwork.org reserves the right to modify this Agreement at any time, and such modification shall be effective immediately upon posting of the modified Agreement.

By accessing or using FatigueManagersNetwork.org you agree to review this document regularly to ensure that you are aware of any modifications. Your continued access or use of FatigueManagersNetwork.org shall be deemed your conclusive acceptance of the modified document.

1. Disclaimer

The information listed on FatigueManagersNetwork.org is presented for the purpose of educating and entertaining people on sleep, fatigue and dream related issues, overall health and its management. Nothing listed on FatigueManagersNetwork.org is intended to be instructional for medical diagnosis or treatment.

The information listed on FatigueManagersNetwork.org should not be considered complete, or take the place of a consultation with a physician or competent healthcare professional for medical diagnosis and/or treatment; or serve as an endorsement for any medical practice, physician, pharmaceutical product, medical device or software. It should not be used in place of a visit, call, consultation with or the advice of your physician or other qualified health care provider.

Information obtained from FatigueManagersNetwork.org is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. See your physician or other qualified health care provider promptly with any health care related questions. Always consult with your physician or other qualified health care provider before embarking on any new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of information obtained from FatigueManagersNetwork.org .

The information listed on FatigueManagersNetwork.org is compiled from a variety of information providers. Neither FatigueManagersNetwork.org nor the information providers directly or indirectly practice medicine or dispense medical services as part of FatigueManagersNetwork.org.

All services and information are provided “as is” and FatigueManagersNetwork.org disclaims any warranty of any kind, including but not limited to warranties of results, effectiveness, performance, merchantability, fitness for particular purpose or use with the exception of the warranties associated with the physical products sold herein. 

FatigueManagersNetwork.org does not make, and hereby disclaims, any warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the information and services available from FatigueManagersNetwork.org. FatigueManagersNetwork.org cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data.

FatigueManagersNetwork.org cannot and does not guarantee or warrant that files available for downloading from FatigueManagersNetwork.org will be free of infection from viruses, worms, Trojan horses or other computer code that manifest contaminating, malicious or destructive properties.

FatigueManagersNetwork.org does not warrant or guarantee that the functions or services provided by FatigueManagersNetwork.org will be uninterrupted or error-free or that defects in FatigueManagersNetwork.org will be corrected. Users of FatigueManagersNetwork.org are responsible for:

a. implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and
b. maintaining a means external to FatigueManagersNetwork.org for the reconstruction of any lost data.

Without limiting any of the foregoing, FatigueManagersNetwork.org specifically disclaims any representation or warranty regarding any benefit, economic, health-related or otherwise, that might be obtained through FatigueManagersNetwork.org.

2. Other Web Sites and Sources

You are encouraged to use discretion while browsing the Internet on searches initiated at FatigueManagersNetwork.org as links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. We do not warrant the accuracy, appropriateness, quality or stability of third-party information to which we link. FatigueManagersNetwork.org does not warrant the accuracy, appropriateness, or quality of any information from third parties presented by FatigueManagersNetwork.org.

3. Review of Postings and Uploads

FatigueManagersNetwork.org does not and cannot review all communications and materials posted or uploaded to FatigueManagersNetwork.org and is not responsible for the content of these communications and materials. However, FatigueManagersNetwork.org reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be:

a. abusive, libelous, defamatory or obscene,
b. fraudulent, deceptive, or misleading,
c. in violation of a copyright or trademark, other intellectual property right of another or
d. offensive or otherwise unacceptable to FatigueManagersNetwork.org.

Any messages, advice, opinions or other information contained in any discussion area should not be construed as professional advice or instruction.

4. Limited license

By this Terms of Use Agreement, FatigueManagersNetwork.org grants, subject to the terms of this Agreement, only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use FatigueManagersNetwork.org in real time and to use the materials in FatigueManagersNetwork.org in a manner consistent with paragraph 11 (Copyright) below.

5. User’s Agreement

You agree to:

a. maintain all equipment required for your access to and use of FatigueManagersNetwork.org
b. maintain the security of your user identification, password and other confidential information relating to your FatigueManagersNetwork.org account; and
c. be responsible for all charges resulting from use of your FatigueManagersNetwork.org account, including unauthorized use prior to your notifying FatigueManagersNetwork.org of such use and taking steps to prevent its further occurrence by changing your password.

6. Communications Online

6.1.  Your participation in online communications occurs in real time and is not edited, censored, or otherwise controlled by FatigueManagersNetwork.org. FatigueManagersNetwork.org cannot and does not screen content provided by you to FatigueManagersNetwork.org. Notwithstanding the foregoing, FatigueManagersNetwork.org reserves the right to monitor content on FatigueManagersNetwork.org and to remove content that FatigueManagersNetwork.org, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement or FatigueManagersNetwork.org operating policies for users of FatigueManagersNetwork.org .

6.2.  You may send and receive e-mail, engage in conferences and chats, download and upload files and otherwise use FatigueManagersNetwork.org as permitted by this Agreement, FatigueManagersNetwork.org’s operating policies and applicable laws. Files that you upload, public messages that you send and your activity in conferences and chats are subject to review, modification and deletion without notice by FatigueManagersNetwork.org from any area where your uploading or other activity takes place. FatigueManagersNetwork.org reserves the right in its sole discretion to change operating policies relating to online conduct, storage and deletion of e-mail and uploaded files, conferences, forums and other matters at any time. Files uploaded to a forum may be subject to limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them.

6.3.  You are responsible for your communications and your use of FatigueManagersNetwork.org. You may not, under any circumstances, do any of the following:

a. use simultaneous, unattended or continuous connections to FatigueManagersNetwork.org with one account;
b. post or transmit any message which is libelous or defamatory;
c. post or transmit any message, data, image or program which is indecent, obscene or pornographic;
d. post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential or proprietary information, and trademarks or service marks used in an infringing fashion;
e. use FatigueManagersNetwork.org to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others;
f. intercept or attempt to intercept e-mail or other private communications not intended for you;
g. send e-mail for any purpose other than personal communication, including mass unsolicited distribution medium to communicate a generally unsolicited message, or use your e-mail account as an address to which users need to respond (except as otherwise expressly permitted by FatigueManagersNetwork.org;
h. send unsolicited e-mail messages through third-party mail servers in order to relay your e-mail or hide the origination of your e-mail to others;
i. upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents;
j. upload files that contain a virus or corrupted data;
k. delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to FatigueManagersNetwork.org;
l. falsify the source or origin of software or other material contained in a file that you upload to FatigueManagersNetwork.org;
m. use FatigueManagersNetwork.org in a manner that adversely affects the availability of its resources to other users;
n. use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity the user directory or any portion thereof other than for personal, non-commercial purposes (except as otherwise expressly permitted by FatigueManagersNetwork.org);
o. falsely purport to be an employee or agent of FatigueManagersNetwork.org;
p. cause repeated disruptive incidents; or
q. act, or fail to act, in your use of FatigueManagersNetwork.org, in a manner that is contrary to applicable law or regulation. In addition, you may not post or transmit any message that is harmful, threatening, abusive or hateful.

It is not the intent of FatigueManagersNetwork.org to discourage users from taking controversial positions or expressing vigorously what may be unpopular views on FatigueManagersNetwork.org, nonetheless, FatigueManagersNetwork.org reserves the right to take such action as it deems appropriate in cases where FatigueManagersNetwork.org is used to disseminate statements that are deeply or widely offensive and/or harmful. Each time you upload a file on FatigueManagersNetwork.org, you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other user the right to download and use such file. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.

7. Privacy Policy

FatigueManagersNetwork.org considers its users' privacy to be of the utmost importance. Please see our Privacy and Security Code above for a detailed description of our information gathering and dissemination practices.

8. Operation

FatigueManagersNetwork.org reserves complete and sole discretion with respect to the operation of any FatigueManagersNetwork.org e-mail messaging services. FatigueManagersNetwork.org may, among other things:

a. delete e-mail if it has not been accessed by a user within the time established by FatigueManagersNetwork.org policies;
b. subject to Section 6, make available to third parties information relating to FatigueManagersNetwork.org and users; and
c. withdraw, suspend or discontinue any functionality or feature of FatigueManagersNetwork.org.

FatigueManagersNetwork.org may, in its complete and sole discretion, review uploaded files, conferences, forums, and chats and authorize restrictions on access thereto. FatigueManagersNetwork.org will not review the contents of e-mail except as required or allowed by applicable law or legal process. FatigueManagersNetwork.org at its sole discretion may preserve any and all e-mail (including any and all files attached to or otherwise associated with that e-mail), forms, or any other submitted information. Notwithstanding the foregoing, you will not rely on FatigueManagersNetwork.org to preserve any of your information and you agree to release FatigueManagersNetwork.org from any liability that may arise from not preserving your information.

9. User Representations

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to abide by this Agreement and to use FatigueManagersNetwork.org in accordance with this Agreement. You agree to be financially responsible for your use of FatigueManagersNetwork.org (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

10. Content

You acknowledge that statements made by FatigueManagersNetwork.org and within its newsgroups, message boards, e-mail, forums, conferences and chats reflect only the views of their authors, and that forum managers, forum hosts, or partners appearing on FatigueManagersNetwork.org are not authorized FatigueManagersNetwork.org spokespersons, and their views do not necessarily reflect those of FatigueManagersNetwork.org.

11.Copyright

All FatigueManagersNetwork.org information, provided on the Web site, e-mail any other means is copyrighted as a collective work under the Canadian copyright laws and other copyright laws. FatigueManagersNetwork.org holds the copyright in the collective work. The collective work includes works that are the property of information providers, which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of FatigueManagersNetwork.org or its other information sources solely for any non-commercial use, unless otherwise permitted (e.g. in the case of electronic coupons, etc). Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the expressed written consent of FatigueManagersNetwork.org. You agree not to change or delete any proprietary notices from materials downloaded from FatigueManagersNetwork.org.

12. Licenses and Idea Submissions

You agree to grant to FatigueManagersNetwork.org a non-exclusive, world-wide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to FatigueManagersNetwork.org by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against FatigueManagersNetwork.org for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

13. Indemnification

You agree to indemnify, defend and hold harmless FatigueManagersNetwork.org, its officers, directors, employees, agents, information providers, licensers and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of this Agreement or any activity related to your account (including infringement of third parties’ intellectual property rights, wherever arising, or negligent or wrongful conduct) by you or any other person accessing FatigueManagersNetwork.org using your service account, whether or not authorized by you.

14. Waiver, Release and Limitation of Liability

You agree that neither FatigueManagersNetwork.org, nor its officers, directors, employees, agents, information providers, licensers or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of FatigueManagersNetwork.org. You hereby release and forever waive any and all claims you may have against FatigueManagersNetwork.org, its officers, directors, employees, agents, information providers or suppliers (including but not limited to claims based upon the negligence of FatigueManagersNetwork.org, its officers, directors, employees, agents, information providers or suppliers) for losses of damages you sustain in connection with your use of FatigueManagersNetwork.org.

Notwithstanding the foregoing paragraph, the total liability of FatigueManagersNetwork.org, its officers, directors, employees, agents, information providers or suppliers, if any, for losses or damages shall not exceed the fees paid by the user for the particular information service provided. In no event shall FatigueManagersNetwork.org, its officers, directors, employees, agents, information providers or suppliers be liable to you for any losses or damages other than the amount referred to above. All other damages, direct or indirect, special, exemplary, incidental consequential or punitive arising from any use of the information or other parts of FatigueManagersNetwork.org are herby excluded even if FatigueManagersNetwork.org, its officers, directors, employees, agents, information providers or suppliers have been advised of the possibility of such damages.

15. Third Party Rights

The provisions of paragraphs 13 (Indemnification) and 14 (Waiver, Release and Limitation of Liability) are for the benefit of FatigueManagersNetwork.org and its officers, directors, employees, agents, information providers and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

16. Termination

Either you or FatigueManagersNetwork.org may terminate your right to use FatigueManagersNetwork.org at any time, with or without cause, upon notice. FatigueManagersNetwork.org also reserves the right to terminate or suspend your FatigueManagersNetwork.org membership without prior notice, but FatigueManagersNetwork.org will confirm such termination or suspension by subsequent notice. The provisions of paragraphs 11 (Copyright), 12 (License, and Idea Submission), 13 (Indemnification), 14 (Waiver, Release and Limitation of Liability), 15 (Third Party Rights), and 17 (Miscellaneous) shall survive any termination of this Agreement.

17. Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the Country of Canada. You agree that any legal action or proceeding between FatigueManagersNetwork.org and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the city of Ottawa, Ontario, Canada. Any cause of action or claim you may have with respect to FatigueManagersNetwork.org must be commenced within one (1) year after the claim or cause of action arises. FatigueManagersNetwork.org’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right hereunder. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. FatigueManagersNetwork.org may assign its rights and duties under this Agreement to any party at any time without notice to you.

18. Notice

FatigueManagersNetwork.org may deliver notice to you under this Agreement by means of electronic mail, a general notice on FatigueManagersNetwork.org, or by written communication delivered by first class Canadian mail to your address on record in FatigueManagersNetwork.org's account information. You may give notice to FatigueManagersNetwork.org at any time via e-mail to: [email protected]

19. Severability

The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.