Niagara Falls Tourism recognizes and respects that the security of your personal information is an important part of your experience on our Website, Niagara Falls tourism.ca. This Privacy Policy outlines the information which Niagara Falls Tourism will collect from you on the Niagara Falls Tourism Website and how Niagara Falls Tourism will use that information.

The following privacy policy has been developed to comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”). By visiting Niagara Falls Tourism’s Website you are accepting the practices described in this Privacy Policy and agree, without limitation or qualification, to be bound by this Privacy Policy.

We reserve the right to change this Privacy Policy from time to time by updating this posting. Please check this Privacy Policy periodically for changes. Your continued use of this site following the posting of changes to this Privacy Policy will mean you accept those changes.

This Privacy Policy was last updated on July 1, 2017.

Definitions

“Personal information” means any information about an identifiable individual including but not limited to the individual’s name, mailing or email address, telephone number, age, gender, interests, opinions, suggestions, social media handles, and language preference.

Purposes

Niagara Falls Tourism will collect, use and disclose personal information for the following purposes:

• To advertise and market Niagara Falls  around the world
• To personalize our website
• To conduct industry research and studies
• To validate marketing strategies
• To validate eligibility to enter one of Niagara Falls Tourism’s contests or sweepstakes
• To contact winners of contests or sweepstakes
• To e-mail newsletters
• To mail visitor guides and brochures
• To announce upcoming events and to send invitations
• To ensure the security of Niagara Falls Tourism’s computer systems

The majority of the time Niagara Falls Tourism collects personal information directly from the individual about whom the information relates. If Niagara Falls Tourism collects your personal information indirectly through a third party, rest assured that it will ensure that you have consented to this indirect collection before it retains your personal information in its files or on its databases. Niagara Falls Tourism further commits to contacting you directly to confirm with you that you wish to receive communications from us.

Collection of personal information

Niagara Falls Tourism offers visitors to its Website opportunities to subscribe to its free electronic newsletter, participate in contests, special offers and survey’s, as well as link to websites of Niagara Falls Tourism’s partners and advertisers that may also be offering information, contests and special offers. Niagara Falls Tourism will limit its collection of your personal information to only that which is necessary to meet the purpose of the service or contest.

If you are under eighteen (18) years of age, your parent’s or guardian’s permission will be required before any information is provided to our Website.

Collection of non-identifiable information

As it is typical of many websites, Niagara Falls Tourism’s Website automatically collects certain anonymous and non-identifiable information regarding its users, such as the Internet Protocol (IP) address of your computer, the IP address of your Internet Service Provider, Google cookie ID, the date and time you access the Website, the Internet address of the website from which you linked directly to the Website, the operating system and browser type you are using, the paid ad (and the location of the ad) that you saw before visiting the Website, the sections of the Website you visit, the Website pages read and images viewed, and any content you download.

This anonymous/non-personal information which is gathered may be used for research and analytical purposes and we also use this non-identifiable information for Website and system administration purposes and to improve the Website.

We may disclose the non-identifiable information to others and permanently archive it for future use.

Niagara Falls Tourism also employs software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. This software receives and records the Internet Protocol (IP) address of the computer that has contacted our Website, the date and time of the visit and the pages visited. Niagara Falls Tourism makes no attempts to link these addresses with the identity of individuals visiting our Website unless an attempt to damage Niagara Falls Tourism’s Website has been detected.

Information collected by “cookies”

Niagara Falls Tourism’s Website uses “cookies”, a technology that installs information on a website user’s computer to permit the Website to recognize future visits by that computer. Cookies enhance the convenience and use of the Website.

Cookies do not contain any personally identifying information. They cannot view or retrieve data from other cookies, nor can they capture files and data stored on your computer. You may reset your computer’s browser to accept or block cookies, or allow your computer’s browser to show you when a cookie is being sent. If you choose not to accept cookies from Niagara Falls Tourism or its partners or advertisers, your experience at our site and other websites may be diminished and some features may not work as intended.

Advertisements displayed on our Website may also contain cookies. Those advertisements may be provided by third party advertising companies, and we do not have any control over, or any responsibility or liability for, the cookies used in the advertisements or for the use and disclosure of information collected through advertisement cookies.

Electronic Newsletters

Niagara Falls Tourism offers valuable and timely information about attractions, upcoming events, must-do activities, special offers and contests in our electronic newsletter based upon your voluntary subscription. You will only receive an electronic newsletter if you have requested it (opt-in) by providing your email address. We do not share our mailing lists with any third parties, including advertisers or partners. You can unsubscribe (opt-out) from our electronic newsletter at any time.

Contests

Users participating in Niagara Falls Tourism’s contests may be required to submit varying degrees of personal information, depending upon the nature of the particular contest. The specific information to be collected and how it will be used will be disclosed in the general contest rules and regulations and/or in the referring contest page or newsletter.

Promotional Offers

Niagara Falls Tourism may sell goods and services to the consumer public on behalf of member companies. Niagara Falls Tourism assumes no responsibility for cancellation or postponement of goods or services sold for any reason. Information is accurate at time of posting, is valid only for dates indicated, and is subject to change and availability. Unless otherwise specified, prices are quoted in Canadian dollars. Rates will vary depending upon time of booking. Taxes on goods sold are not necessarily included in the published offer.

Online Surveys

From time to time, Niagara Falls Tourism will conduct online surveys for internal purposes or for third parties, to gather general information about users and/or their views. Participation in these surveys is voluntary; no information will be collected except that which is knowingly supplied by the user and the information collected throughout the survey will be used only for the survey purpose. Identifying personal information will not be shared.

Safeguards to protect your personal information

Niagara Falls Tourism will protect your personal information against loss or theft, as well as from unauthorized access, disclosure, copying, use or modification. Niagara Falls Tourism will protect your personal information regardless of the format in which it is held.

Niagara Falls Tourism will use appropriate security safeguards to provide necessary protection such as:

• Physical measures (locked filing cabinets, restricting access to offices, alarm systems);
• Technological tools (passwords, encryption, firewalls);
• Organizational controls (security clearances, limiting access on a “need-to-know” basis, staff training, and confidentiality agreements);
• Policy measures (IT policy, security policy).

Niagara Falls Tourism will consider the following factors in selecting appropriate safeguards:

• The sensitivity of the information;
• The amount of information;
• The extent of distribution;
• The format of the information (electronic, paper, etc.); and
• The type of storage.

Consent to this Agreement

By using the Niagara Falls Tourism website and, in particular, by subscribing to our newsletter or participating in our online contests and surveys, you consent to the collection and use of the information as described above and for the purposes noted above. If an alternative purpose for your information is identified other than what is set out in this privacy policy or on our website where the information is collected, we will contact you to obtain your consent for the new purpose.

Any questions or concerns about this Privacy Policy or Niagara Falls Tourism’s information handling practises may be submitted to Niagara Falls Tourism at [email protected] .

By responding with #yesnft “I agree to the terms and conditions” I confirm that I have reached the age of majority in my jurisdiction of residence and am legally entitled to enter into this consent and release on my own behalf, that I have read, understood and agree to the terms and conditions of this consent and release and that it is my intention to enter into an agreement to waive my rights, including my right to make a claim, with respect to the use of my content (as defined below).

For good and valuable consideration, including the opportunity to participate in Niagara Falls Tourism advertising and tourism related initiatives, the receipt and sufficiency of which are hereby acknowledged, I, on behalf of myself and my successors, heirs and assigns, hereby agree with Niagara Falls Tourism as follows:

License. By responding with #yesnft , you: (i) grant to Niagara Falls Tourism and its sub-licensees and assigns, in perpetuity, a non-exclusive, sub-licensable, assignable, fully transferable license to use, publish, display, reproduce, distribute, broadcast, communicate, modify, translate, edit or otherwise use your photo(s), video(s), accompanying comment(s), your username, and your image, likeness, voice, or other personal information as may be contained therein (collectively the “Content”), in whole or in part, for advertising or promotional purposes, including, without limitation, the use of the Content on websites, including in social media such as Facebook, Twitter, Instagram, Snapchat, Google+, YouTube, on consumer facing websites, in online videos, email marketing and other digital channels (collectively the “Purpose”); on printed collateral, publications, editorials and advertisements and (ii) waive all moral rights in and to your Content in favour of Niagara Falls Tourism (and anyone authorized by Niagara Falls Tourism to use the Content).

Representations and Warranties. By responding with #yesnft, you warrant, represent, and agree that:

You have reached the age of majority in your jurisdiction of residence;

Your Content (and each individual component thereof) is wholly original to you (i.e. you are the original photographer/videographer), that you are its sole owner, and that you have obtained all necessary ancillary rights, permissions and licenses in and to the Content (and all individual components thereof) to agree to these Terms and Conditions;

You have previously publicly published your content on your Instagram, Facebook, Twitter account, or other such social media account and that your Content was not scripted, professionally produced, contracted, directed or paid for;

Your Content (and each individual component thereof) does not violate any law, statute, ordinance or regulation;

Your Content (and each individual component thereof) does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;

Your Content (and each individual component thereof) will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party;

You shall have no right of approval, no claim to additional compensation or benefit, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of your Content under these Terms and Conditions;

Your Content (and each individual component thereof) is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: dangerous or unsafe behaviour or depictions; nudity (partial or otherwise); alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals who have not provided their consent; telephone numbers and/or addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services; any identifiable third party products, trade-marks, brands and/or logos; and/or any other content that is or could be considered inappropriate, disparaging, unsuitable or offensive, all as determined by Niagara Falls Tourism in its sole and absolute discretion.

Indemnity. You hereby agree to release, indemnify and hold harmless Niagara Falls Tourism its advertising and promotion agencies, and each of their respective agents, employees, members, directors, successors, and assigns from and against any and all claims related, directly or indirectly, to your Content – including, without limitation, claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action.

Privacy. You understand that the personal information in your Content is being collected under Section 4 of the Privacy Act (Canada) for the Purpose set out above in accordance with the Niagara Falls Tourism Privacy Policy. You understand that you may direct any questions regarding the collection of your personal information under these Terms and Conditions to Niagara Falls Tourism using the information set out in our Privacy Policy.

Unless and until you notify Niagara Falls Tourism otherwise in writing, you consent, effective as of the date you agree to these Terms and Conditions, for the Purpose, to: the storage of your Content and personal information, inside or outside of Canada, by Niagara Falls Tourism and its service providers, representatives or other third parties; access to your Content and personal information, inside or outside of Canada, by Niagara Falls Tourism, its service providers, representatives or other third parties and the general public; and disclosure of your Content and personal information, inside or outside of Canada, to Niagara Falls Tourism’ service providers, representatives or other third parties and to the general public.