Kimel Centre Website Terms of Use & Privacy Terms
Kimel Family Centre Website Terms of Use & Privacy Terms
The Kimel Family Centre for Brain Health and Wellness (“Kimel Centre”) is a research unit within Baycrest Academy for Research and Education (“BARE”).
By accessing the Kimel Family Centre Website (https://kimelcentre.baycrest.org/) (the “Website”) you agree that your access and use of the Website is governed by these Terms of Use.
You shall only use our Website in accordance and adherence with our Terms of Use.
1. Legal and Acceptable Use. You agree to only use our Website for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Website in ways that violate or infringe the rights of BARE, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights. For example, you must not (a) gain or try to gain unauthorized access to our Website, or related systems; (b) disrupt the integrity or performance of our Website (c) create accounts through our Website through unauthorized or automated means; (d) collect information about our users in any unauthorized manner; (e) sell, rent, or charge for our Website; or (f) engage in conduct or post any content that is abusive or harassing to BARE employees, agents, contractors or other users of the Website. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING ANY OF THE MATERIAL FOUND ON THE WEBSITE IS PROHIBITED.
2. Third-party services; Linked Sites. Our Website may allow you to access, use, or interact with third-party websites, apps, content, and other products and services (“Third-Party Services”). When you access and use Third-Party Services, their terms and privacy policies govern your access and use of those Third-Party Services.
3. Availability of Our Website. Our Website may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue some or all of our Website, including certain features and the support for certain devices and platforms, at any time. BARE does not warrant that the Website will be operational, error-free or secure, or will function without disruptions delays or imperfections.
4. Disclaimer / Limitation of Liability. BARE is not responsible for or liable for any viruses or contamination of your computer system or delays, inaccuracies, errors or omissions arising from your use of the Website. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS AND BARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT WILL BARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE OR ACCESS, THE WEBSITE AND MEMBERSHIP REGISTRATION PLATFORM ACCESSIBLE THROUGH THE WEBSITE, EVEN IF BARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
5. No Waiver; Severance. If we fail to enforce any of our Terms of Use, that does not mean we waive the right to enforce them. If any provision of the Terms of Use is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from our Terms of Use and shall not affect the enforceability of the remaining provisions.
6. Governing Law and Jurisdiction. These Terms of Use, and the Website and your access and use thereof, are governed by the laws of the Province of Ontario and the laws of Canada applicable therein. Any related dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario. BARE makes no representations that the Website is appropriate or available for use outside of Canada. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with any and all local laws.
7. Updates to our Terms of Use. BARE reserves the right to modify, alter or otherwise update these Terms of Use at any time without prior notice to you. You agree to be bound by any modifications, alterations or updates (“Changes”) and agree that any subsequent use by you or the Website following any such Changes shall constitute your acceptance of all such Changes. The effective date of the Terms of Use, and last date the Terms of Use were updated, appear in the “Version Date” section at the bottom of these Terms of Use.
8. Entire Agreement. These Terms of Use, along with any other legal notices or statements posted on the Website, constitute the entire agreement between you and BARE with respect to your access and use of the Website.
9. Contact. If you have any questions or comments regarding these Terms of Use please contact us at kimelcentre@research.baycrest.org.
B. Privacy Terms
10. Purpose of Privacy Terms. The purpose of these privacy terms is to describe how information about you or that could identify you, including personal health information (collectively your “Personal Information”) is collected, used, shared and retained by BARE in connection with your use of the Website.
By accessing, registering with or otherwise using any part of this Website you agree that we may collect, use and share your Personal Information as described herein.
11. Types of Data We Collect from You. By using the Website and applying to be a prospective member, BARE collects the following Personal Information from you:
(a) Contact Information.
You may be asked to provide your name, address, email address, phone number, and date of birth.
(b) Health Information.
You may be asked to provide information about your health or medical history.
(c) Automatically-Collected Information.
BARE automatically collects information as part of the standard operating process of the Website. The information collected includes your internet protocol (IP) address, cookie information and browsing actions and patterns such as user analytics. A “cookie” means a small text file placed on your computer or device by our Website when you visit certain parts of our Website and/or when you use certain features of our Website. We use Google Analytics cookies to collect information about the use of the Website and preferences and to customize and improve the Website. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Website may become inaccessible or not function properly.
12. Use of Personal Information. BARE may use your Personal Information for purposes related to registering your interest to be a prospective member, service evaluation and quality improvement; and in order to comply with legal and regulatory requirements. Note: should you have the opportunity to enroll as a member and/or as a participant in the study, you will be provided with additional terms governing use of your Personal Information in those contexts, which you will have an opportunity to separately review and agree to.
13. Disclosure of Personal Information. BARE will only share your Personal Information with third-parties without additional consent from you if we are permitted or required to do so under applicable law. For example, we may be required to share your Personal Information pursuant to a court order or as part of law enforcement investigations or proceedings.
14. Security of Personal Information. To protect your Personal Information, we take reasonable precautions to ensure it is not inappropriately lost, misused or accessed. The Website is hosted by WPEngine for static content only. The membership enrollment form for prospective members is hosted on REDCap and your data is stored on servers at BARE.
Although BARE takes reasonable precautions to protect your Personal Information, please note that no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, BARE does not ensure or warrant the security of any information you transmit to us or from our on-line products or services, and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure its security on our systems.
Once you leave the Website or are redirected to use a third-party website or application, you are then governed by that third-party website’s terms of use. Similarly, when you click on links on the Website, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read the privacy policies and statements of those sites.
15. Note to Users Outside Ontario, Canada. BARE is located and operated in Ontario, Canada and is intended for use by Ontario residents. The collection, use and disclosure of Personal Information is governed by applicable laws and these Terms.
16. Contact Us. Should you have any questions about your personal information or our privacy practices, please contact kimelcentre@research.baycrest.org.
17. Version Date of Terms of Use.
Effective as of July 24, 2023
Updated July 24, 2023