Note: Your continued use of our website constitutes your acceptance of this Privacy Notice and any update we may make. We encourage all users to review this Privacy Notice, including for any updates, on a regular basis.
At First Descent Software Ltd. ("First Descent", "we", "us" or “our”), we respect your concerns about privacy. We recognize the importance of protecting your personal information. This Privacy Notice sets out the types of information we collect through www.firstdescent-ar.com (the “website”), and how we may use it, with whom we may share it, and the choices you.
When we refer to personal information, we rely upon the definition of under applicable privacy laws. Generally speaking, personal information means information about an identifiable individual.
Personal information we collect
We only require personal information that is necessary to carry out our services or to allow our website to best function for you when you visit.
We collect personal information that you choose to provide through our website or when you contact us. This could include name, email address, phone number, company/organization name, plus any other personal information you choose to provide.
All personal information we collect is securely retained in our records in accordance with our policies and this Privacy Notice.
Personal information we collect through digital means
At First Descent, we focus on helping you and your business succeed through strategic and effective marketing. One way we do that is to make your online experience through our website as informative and relevant as possible. To do this, we use digital tools such as web beacons and cookies.
Cookies & Analytics
Your Internet Protocol (IP) address will be collected through the use of our website unless you disable cookies through your internet browser or mobile device. We may see information concerning a user's geographical location, user behaviour and interests given your internet use and selections on our website. We do not engage in any process to connect or identify an IP address with other personal information.
You can refuse the use to cookies by selecting the applicable settings on your web browser or mobile device. By not accepting cookies, or deleting cookies, it may impact your website experience, including how it looks and how it functions during your visit.
We also use third-party applications, such as Google Analytics, on our website to collect data to provide a better online experience and to better understand those who are interested in our services. Google Analytics can analyze a website user's behaviour and provide us with valuable insight to improve our website and services. Google may use this information to monitor usage of our website. Google may transmit this information and/or store it in the United States. Google may transfer this information to other parties where required or permitted by law.
To learn about opting-out of Google Analytics, please refer to https://support.google.com/analytics/topic/2919631?hl=en&ref_topic=1008008
We use generalized, aggregated analytics data in connection with our services and may use or disclose such aggregated data without consent.
How we use the personal information we collect
We will use personal information provided to us to:
- contact you and to provide the services requested;
- process, evaluate and respond to your requests and questions
- communicate with you about your project;
- offer additional services to you, subject to your consent;
- send you newsletters and updates as appropriate;
- process payments for our services and for related financial requirements;
- analyze and track usage or our website, improve functionality and user experience, and identify technical and service problems;
- comply with legal requirements, industry standards and our own policies.
Sharing personal information
We do not sell or otherwise disclose personal information that we collect, except as explicitly described in this Privacy Notice. We will only disclose your personal information with your consent, unless we are required or permitted by law to do so.
Service providers: We may disclose personal information to third party service providers who provide services to us. For example, we may use service providers for hosting or operating our website and analyzing data. These service providers have committed to appropriately safeguard the privacy and security of personal information they process. Our service providers are given only the information they need to perform their designated functions, and we do not authorize them to use or disclose personal information for their own marketing purposes.
Personal information may be maintained and processed by third party service providers in the US and Canada. For more information about the way in which our service providers treat personal information, contact us as set out below.
We may work with third party service providers who are located within and/or outside of Canada and who may store their data outside of Canada. Such service providers may be subject to laws that are very different from Canadian laws and Canadian privacy requirements. We will use contractual or other means to protect personal information. In disclosing such information, we will detail to you the countries outside Canada in which the collection, use, disclosure or storage is occurring or may occur and the purpose for which the service provider outside of Canada has been authorized to collect, use or disclose personal information.
In working with service providers outside of Canada with respect to personal information, we will herein or otherwise: (i) notify you of the way in which you may obtain access to written information about the service provider's policies and practices; and (ii) the name or position name or title of a person who is able to answer on behalf of that service provider organization your questions about collect, use, disclosure, or storage of personal information.
Sale of business: We may transfer personal information as an asset in connection with a prospective or completed merger or sale involving all or part of First Descent or as part of a corporate reorganization or other change in corporate control.
Legal: First Descent and our service providers may disclose your personal information if legally required by a court of law or as otherwise required or permitted by law.
Security and safeguards
We take privacy seriously. We treat personal information as strictly confidential. We have put in place physical, organizational and technological safeguards to help protect your personal information, including from such things as loss, theft, unauthorized access, disclosure, copying, use or modification. All our employees and contractors are subject to confidentiality obligations and training that help to protect personal information. Our employees and contractors are granted access to personal information only on a need-to-know basis to carry out their duties.
We also have a designated privacy officer who is tasked with ensuring compliance with applicable privacy laws and our privacy policies.
In the unlikely event of a security breach that creates a real risk of significant harm to you, we will notify the Privacy Commissioner of Canada or such other commissioner as appropriate under applicable privacy laws and all affected individuals in writing as soon as feasible. We will make sure that we clearly outline any relevant details so that steps can be taken to minimize any such risk or harm. We will contact you, if possible, using the most current contact information we have for you in our records.
Accessing your personal information
We take steps to ensure that personal information is accurate, complete and up-to-date.
To access your information, you must detail your request in writing to us. We will administer and respond to your request in accordance with the applicable privacy laws that regulate access requests and will notify you in writing of our response. We will need to confirm your identity to process your request.
There are circumstances where we will be restricted from providing personal information. Examples include if we are legally restricted from doing so, or if your personal information is combined with other third-party personal information and cannot be reasonably untangled. If we cannot provide you with your personal information, we will detail our reasons in writing.
Withdrawing your consent
You may change or withdraw your consent to use your personal information, subject to legal or contractual restrictions. On receipt of notice of a change or withdrawal of consent, we will inform you of the likely consequences of withdrawing or changing your consent.
Links to other websites
Our website is not directed to children under the age of 18. We do not knowingly collect personal information from people under the age of 18 on our website.
If you have any questions about this Privacy Notice, our privacy practices, or your personal information, please email us at email@example.com or write to:
First Descent Software Ltd.
500 - 211 Bannatyne Ave.
Winnipeg, MB. R3B 3P2
Attention: Privacy Officer
Changes to this Privacy Notice
We reserve the right to make changes to this Privacy Notice and our privacy practices. Should we make any changes, we will post an updated Privacy Notice on our website. Your continued use of our website constitutes your acceptance of this Privacy Notice and any update we may make. We encourage all users to review this Privacy Notice, including for any updates, on a regular basis.
2. Age of Majority
Content on the First Descent website is not intended for use by children. By using this website, you acknowledge that you are the age of majority or older.
3. Modification of Terms
4. Privacy Notice
5. Copyright and Trademarks
6. Links to Third Party Sites
Links on the website to third party sites are provided only as a convenience to you and are not an endorsement by First Descent. When you click on these links, you will leave the website. We are not responsible for examining or evaluating these third-party sites. You understand that such sites are independent of First Descent and you agree that First Descent and its affiliates will not be responsible or liable for any content, goods or services provided on or through these outside sites or for your use of or inability to use such sites. You use and access these third-party sites at your own risk. First Descent recommends that you make yourself aware of and read the legal and privacy notices of all the third-party sites that you visit.
7. Services Agreement
We offer outstanding and diverse services to assist your business in the climb to success; we offer a wide range of services including without limitation to help you set business goals, to develop, execute and evaluate your campaigns, to innovate and to take client relationships to the next level. The First Descent website contains general descriptions of services we offer and broad advice. These descriptions and broad advice are provided for information purposes only and are not specific advice. You agree to not rely upon anything on the First Descent website as specific advice. Use of the First Descent website does not create a client relationship with First Descent. In order to become a client of First Descent, you must enter into a written services agreement which will be prepared as part of a larger discussion concerning requested services.
We carefully consider each campaign, each service, each relationship we have with our clients. Each client is unique. We help to identify your goals and challenges and then work with you to create success. You understand that we cannot, however, guarantee the success of any campaign or service.
9. Employment Opportunities
You may choose to submit an application to First Descent by way of email to info@first descentmarketing.ca. Any employment application emails are received at our head office in Winnipeg, Manitoba, Canada and will be administered in accordance with our obligations under Manitoba law and our employment policies as established from time to time.
10. Disclaimer of Warranties
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS IN CERTAIN CIRCUMSTANCES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
First Descent strives to provide accurate and up-to-date material on this website. However, we make no warranties or representations as to the accuracy or timeliness of the Content.
THE WEBSITE AND THE CONTENT CONTAINED ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FIRST DESCENT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. FIRST DESCENT MAKES NO WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (IV) THE WEBSITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS WEBSITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, INCLUDING ANY LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE AND DAMAGES RESULTING FROM COMPUTER VIRUSES OR MALWARE OR SPYWARE.
11. Disclaimer of Damages and Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES IN CERTAIN CIRCUMSTANCES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
NEITHER FIRST DESCENT OR ITS AFFILIATES SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO YOUR ACCESS TO, OR USE OF OR INABILITY TO USE THIS WEBSITE OR ANY MATERIAL, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE, OR ANY INCORRECT OR INACCURATE INFORMATION ON THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PROPOERTY DAMAGE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, ECONOMIC LOSS OR LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF FIRST DESCENT HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGE OR LOSS.
12. Indemnification and Release
You will cooperate fully and as reasonably required by First Descent, and at your own cost, in defense of any claim. Notwithstanding any indemnity to be provided by you, we reserve the right to assume the exclusive control of any defense and any settlement decisions concerning any claim, suit or proceeding.
If you have a dispute with one or more users, you release First Descent and its affiliates from all claims, demands, causes of action, losses, expenses, damages and costs (actual and consequential), known and unknown, of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
13. No Unlawful or Prohibited Activity
As a condition of your use of this website, you agree not to use the website for any purpose that is unlawful or prohibited by these terms and conditions. You further agree that you are responsible for your use of and communications on the website. You agree not to post on or transmit through this website any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, violates the privacy rights of others, infringes others' intellectual property rights or otherwise violates any applicable local, provincial, federal or international law. You agree not to use this website in any manner that interferes with its normal operation or with any other user's use and enjoyment of the website. You agree to use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material.
You may have the option to submit comments through the First Descent website. First Descent may also make available, from time to time, features to receive comments or content from website visitors. All submissions shall be original and shall not violate third party rights.
When you submit comments, information or content to the First Descent website, you are granting to First Descent an irrevocable, royalty-free, world-wide right (but not an obligation) and license to use those comments, information or content for its own purposes, without any right to compensation by you.
In making any submission to First Descent of any kind, you agree that you will not engage in any of the following:
- defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
- publish, post, upload, email, text, instant message, distribute, display, promote, disseminate or otherwise make available any material that is inappropriate (for example profane, vulgar, libelous, defamatory, obscene, racist, sexually explicit, offensive, false or unlawful);
- transmit any information or materials to First Descent that are not original or which violate third party rights, including without limitation proprietary or intellectual property rights;
- provide a submission that contains any virus, corrupt file, spyware, malware, adware or any other program that may damage or adversely affect First Descent, the First Descent website or those of other users;
- interfere with or disrupt First Descent or the functionality or appearance of the First Descent website.
In the event that First Descent chooses to offer features such as forums, bulletin boards, chat rooms or other interactive areas, you must follow the terms and conditions specifically established for those features. You will use these features only to communicate on the direct issues addressed thereon and not for any other purpose. Without restricting any of the foregoing, you agree that you will not at any time submit inappropriate content or content that violates third party rights to First Descent.
14. Site Service and Modification
First Descent reserves the right at any time to add, modify, delete or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice or consent. First Descent and its affiliates shall have no responsibility or liability for failure to store or delete any Content or User Content submitted to the website.
15. Governing Law and Dispute Resolution
17. No Waiver