When you use PNRDV, you must accept these Terms of Use, and you must adhere to them. If you do not wish to do so, please leave PNRDV and refrain from using the services offered.

Online acceptance of these Terms of Use is evidenced by a mandatory checkbox process when using PNRDV.

As a condition of your use of PNRDV, you warrant that: (i) you are at least 18 years old; (ii) you (or your guardian) possess or have the legal capacity to create a binding obligation; (iii) you will use the PNRDV application and services in accordance with these Terms of Use; (iv) all the information you provide is true, accurate, current and complete; (v) you have read and agreed to these Terms of Use, as well as our Terms of Sale and Privacy Policy.

We reserve the right, at our sole discretion, to deny access to and use of the PNRDV application to any person at any time and for any reason, including, without limitation, for violation of these Terms of Use.

To use PNRDV, we ask you to create an account (using your e-mail address and a password, which you can change later).

You’ll also need to provide us with other necessary information, such as your name and postal code. In addition, certain information about your child may be requested in order to personalize the Contents of his/her meeting with Santa Claus, such as his/her first name, school level, wish list, etc. (This list may vary depending on the shopping centre visited with your child). Once logged into your account, you will be able to book an appointment, as well as modify other account information.

You must also agree to notify Audace & Co. of any unauthorized use of your username, password or other account information, or any other breach of security that you become aware of regarding your account. In such cases, you may contact us by e-mail at [email protected].

The Content and information provided through PNRDV, as well as the infrastructure used to make such Content and information available, are our property and/or that of our suppliers and service providers. Any use other than for personal purposes is prohibited.

Subject to your compliance with these Terms of Use, Audace & Co. grants you the right to use PNRDV solely for your personal use and for sharing with family and friends in accordance with these Terms of Use. You agree to refrain from using PNRDV for any other purpose, whether commercial or otherwise, other than as provided herein.

These Terms of Use do not apply to websites with links to PNRDV.

We advise you to read the terms and conditions of use published on other websites in order to understand the terms, as they may differ from ours. Examples of such sites include Facebook, Instagram and YouTube. We decline all responsibility or liability for the content of other websites. Links are provided for your convenience, and any other websites linked to PNRDV should be visited at your own risk.

We will not be liable for any charges incurred as a result of using PNRDV, including, but not limited to, charges for bandwidth or SMS overages, etc. We disclaim any warranty or condition that the Content, PNRDV’s services, our servers, or any e-mail sent by us and/or PNRDV will be uninterrupted or error-free.

We disclaim all warranties and conditions that the Content, the PNRDV services, our servers or any e-mail sent by us and/or our suppliers will be free of viruses or other harmful components.

You expressly agree to defend and indemnify Audace & Co. and/or its suppliers, from and against any and all claims, actions, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses, regardless of form or nature, brought by third parties, including, without limitation, reasonable legal and accounting fees and expenses, resulting from: (i) your breach of these Terms of Use or the documents referenced herein; (ii) your violation of any law or any rights of a third party, or in the event of the existence of a dispute between you and a third party; (iii) your access to PNRDV and the Content.

If you fail to comply with any of your obligations under these Terms of Use, we will be entitled to terminate the rights we grant you hereunder and to pursue any legal remedies we may have to enforce these Terms of Use. If we are required to pursue legal remedies to enforce these Terms of Use, you agree to reimburse us for all legal, travel and lodging expenses incurred in connection with such dispute. You expressly agree that our licensors referenced on or through PNRDV may enforce these Terms of Use with respect to their intellectual property.

In order to use PNRDV, you must agree to receive certain electronic communications from our company (emails or SMS – for appointment confirmation), as further described within our Privacy Policy. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will be deemed to satisfy all legal requirements applicable to communications, including those regarding written communications.

Personal information you provide to us

Information includes names identifying you and/or your family members, specific information about your child (for example, being more polite to his/her parents), and other data, items and information you choose to make available to us.

Contact and user information you provide to us for account registration and payment purposes.

Your registration information may include name, e-mail address, address, school year, age and specific information about your child.

We use your personal information for the general purposes set out below:

To register and manage your account, including facilitating your access to and use of PNRDV;

To communicate with you, in connection with communications to you transmitting the PNRDV newsletter, to respond to your questions and comments, to resolve troubleshooting issues, to provide you with information regarding PNRDV services and, if you have consented, to inform you of special offers and products and services offered by the partner shopping centre that may be of interest to you;

To personalize your experience;

To request information from you, sometimes through surveys, in order to measure your interest in our services and improve them;

To enforce our Terms of Use.

Our legal basis for using your information

We will only use your personal data where we are permitted to do so by law. Most often, we will use your personal data in the following cases:

When you have consented. To consent, you must click a consent form confirming that you have read and understood.

Where it is necessary for the purposes of our (or a third party’s) legitimate interests, your fundamental rights and interests do not override these legitimate interests.

This applies mainly when we use your Personal Information to better understand your needs and interests, to improve your customer experience. We consider that this serves Audace & Co.’s interests in operating and managing our business so that we can offer you the best possible service.

Audace & Co declare its intention to adopt the technical and organizational measures necessary to guarantee the security, integrity and confidentiality of data in accordance with the provisions of the LPRPDE-LCAP in order to prevent their alteration, loss, consultation or unauthorized processing.

Audace & Co do not guarantee absolute privacy in the use of the site, as it cannot be excluded that unauthorized third parties may become aware of it. The user acknowledges that existing technical security measures are not impenetrable and that even with the adoption of all reasonable security precautions, it is possible to suffer manipulation, destruction and/or loss of information. In the event of the detection of a security incident involving a significant risk for the owner of the data, this event will be communicated without delay to the competent supervisory authority, together with the corrective and palliative measures implemented and/or to be implemented.

Audace & Co is not responsible for the loss or deletion of data by users. Similarly, Audace & Co accept no responsibility for damage caused by computer viruses.

The transmission of information via the Internet is not secure, and we are unable to control or guarantee its security. The personal information we collect is stored in a secure environment. People working for us are required to respect the confidentiality of your information.

To ensure the security of your personal information, we use the following measures:

• SSL protocol: for secure data transfer over the Internet.
• Access management: only authorized persons can access data.
• Network monitoring software: To detect and prevent suspicious activity.
• Computer backup: Regular backups to prevent data loss.
• User ID/Password: Secure access to user accounts.
• Firewall: Protection against unauthorized access.
• Secure private key authentication: An authentication mechanism that uses cryptographic keys for more secure access.
• Access to critical elements with 2FA: An additional layer of security for sensitive elements, requiring two forms of authentication before access.

Additional protection in place at our server supplier (for guidance only):

– Exclusive control of data centres: They are the sole operators of their data centres, ensuring complete control of physical security.

– Restricted and controlled access: Entry to buildings is restricted and regulated in accordance with current security standards.

– Badge access: only employees assigned to the data centres and equipped with badges can access the premises and physical servers.

– Video surveillance: Sites are under continuous video surveillance for total control and security.

– Permanent guarding: Security personnel are present 24/7 to monitor and protect each site.

For more information on the protections in place at our server provider, please visit https://www.ovhcloud.com/fr-ca/datacenters-ovhcloud/.

We are committed to maintaining a high level of confidentiality by integrating the latest technological innovations to ensure the confidentiality of your transactions. However, since no mechanism offers maximum security, there is always an element of risk when using the Internet to transmit personal information.

When you send a link by e-mail or post on a forum or social network, the personal information and content you share is visible to other users and can be viewed, collected or used by them. You are responsible for the personal information you choose to share or submit in this way. Please be careful when using these features.

We may retain your account registration information for a period of 24 months after your last activity on your account. Activity means any access to or use of your NVRDP account by you for any purpose, including but not limited to logging into your account.

Notwithstanding the foregoing, if you make a request to delete your NRVDP account before the end of the inactivity period, please write to us at [email protected].

Your Personalized Content will be deleted, but your account registration information will remain in our archives for a period of 30 days.

Audace & Co may modify this Privacy Policy at any time without notice. Such changes will be effective when posted on the site or when communicated to users by any means, whichever occurs first. The user should keep informed of the terms included here by periodically entering.

This Privacy Policy shall be governed by and construed in accordance with the laws applicable in the Province of Quebec, Canada, as set forth in the Terms of Use.

Contact us

If you have any questions, please do not hesitate to contact our business partners, where you received the experience, or contact us at [email protected].

Approval

The use of the site by the user implies full knowledge and approval of the privacy policy of Audace & Co and the terms and conditions of Audace & Co, if any.

Appointment of a Data Protection Officer

Audace & Co has appointed its president for the application and monitoring of this privacy policy as well as for the relationship with the regulatory authority, who can be contacted by the following means:

E-mail: [email protected]

By downloading or purchasing any Content, you must agree to these Terms of Sale and consent to be bound by them.

The online acceptance of these Terms is materialized by a mandatory checkbox process during the finalization of the purchase or download.

If you do not wish to accept or agree to these Terms of Sale, please do not purchase or download any content from PNRDV.

As stated below, we reserve the right to update or modify these Terms of Sale at any time. We recommend that you review these Terms of Sale regularly to ensure that you are aware of any changes.

In order to purchase or download Content from PNRDV, you must create an account, in accordance with the provisions of the Terms of Use. You represent that you understand and agree to the terms of use contained in the Terms of Use, and you agree to use the Content in accordance with these Terms of Sale. You also agree to use PNRDV in accordance with these Terms of Sale

To be noted : the selling price will be indicated on our platform and on the distribution sites of our commercial partners offering the product.

With respect to our Content from PNRDV

When you purchase or download our Content from PNRDV, we will charge you, for each order, through our payment processing partner, the amount of the purchase to your account, in accordance with the specified terms and conditions (e.g., credit card, Stripe, or otherwise), when you click “submit” (or any similar term) on the uploaded order page.

The sale of the Contents is final, non-cancelable and non-refundable, and that it will be effective upon your clicking the “confirm payment” tab (or similar phrase), except as otherwise expressly provided within these Terms of Sale or by us in our sole discretion. The sale of the Content constitutes a license to use the Content in accordance with the provisions of these Terms of Sale and the Terms of Use.

When you place an order, you authorize Audace & Co. or our designated payment processing partner to automatically debit the purchase amount to the payment account indicated at the time of purchase. No purchase will be effective until the corresponding payment has been accepted and processed. The currency of payment will be determined according to your address. Audace & Co. reserves the right to report, investigate and prosecute to the fullest extent required or permitted by applicable law, any fraudulent, unauthorized or otherwise unlawful use of any payment account by any person on or through PNRDV. The price of Content is subject to change without notice.

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Before finalizing your purchase, a summary screen will appear, allowing you to check the details of your order and correct any errors.

The purchase will be effective only after full payment of the price of the latter and acceptance of the Terms of Sale in force at the time of placing the order via the checkbox system.

Upon purchase from PNRDV, we will send you an email confirming your purchase, which will allow you to access your content from your PNRDV account in the section provided.

You must ensure that your email and Internet security system will allow you to receive our emails, and that your photo player is installed and functioning properly in your device, in order to be able to view the Content properly. You expressly agree that by making the Content available for download, we will have fully satisfied our obligation to deliver or provide the Content, regardless of any failure or inability on your part to view, operate, use or store it.

You expressly agree that you must use devices and software that enable you to receive and play files with Content. Audace & Co. will make the Content files available as follows: downloadable photos will be provided in JPG format.

Before reading our policy, please note that the experience that is offered to your child is unique and spontaneously generated. Therefore, we cannot guarantee the quality of the exchange between Santa and the child. We can only guarantee the quality of the image and file that will be sent and uploaded to you.

For Content obtained on PNRDV exclusively

If you are not satisfied with our Content, we may decide, at our discretion, acting reasonably, to offer you the opportunity to reschedule with Santa Claus and to re-register for free with one of our business partners who offer the experience.

• You will need to make your request within 10 calendar days from the date of your purchase.
• You will be required to provide us with such reasonable information as we may request, for example: Why don’t you like it? What technical problems have you encountered? Etc.).

Restrictions of use

You may not reproduce, distribute for commercial purposes, resell, or otherwise use the Materials other than as expressly permitted by Audace & Co. in these Terms of Sale.

Our prices exclude all applicable taxes. You will be responsible for all taxes applicable to the purchase.

We reserve the right to update or modify these Terms of Sale at any time in the future. If we do, we will change the “Last Updated” date at the top of these Terms and Conditions.