Terms and Agreement of use and online sales

Last modification: December 13, 2021

 

Welcome to the studiozentattoo.com website (the "Website") owned and operated by Zen Tattoo Inc. located at 433 Saint-Martin Boulevard West, Laval, Quebec H7M 1Y8 ("Zen Tattoo"). These Terms of Use (the "Terms") constitute a legal agreement between you and Zen Tattoo with respect to the access and use of the Website. Please read these Terms carefully before using the Website.

By accessing the Website and using any of its features, you agree to be bound by these Terms and by our Privacy Policy, which is an integral part of these Terms.

If you do not agree with these Terms or the Privacy Policy, please do not use the Website. Zen Tattoo reserves the right to modify, supplement, delete or update, at its sole discretion, the Terms (or any part thereof) at any time and without notice.

The Website also constitutes a platform through which you can purchase products and/or services offered by Zen Tattoo (individually, a "product" and collectively, the "products"). The Conditions constitute a contract between you, whose coordinates are those that you have registered in the Order Form and that appear in the summary of your online order (the "Order Summary"), a copy of which is transmitted to you by email by Zen Tattoo (the "Confirmation") concerning the sale of products concluded at a distance, by which you purchase the products listed in the Order Summary (the "Contract").

Without otherwise limiting the Terms, the Website is available only to users who can legally enter into binding contracts under applicable law. By using or accessing the Website, you represent and warrant that you are of legal age to use the Website or obtain the Products and that you are not prohibited from using the Website or the Products under applicable law.

The terms "we", "us" and "our" as used in these Terms mean, collectively, Zen Tattoo and its affiliates, subsidiaries, divisions, successors and assigns and their respective employees, agents and representatives.

 

1. USE OF THE SITE
   Functionality. The Website allows you to consult the products and services offered and to purchase certain products.
   Access and use. Zen Tattoo grants you a limited, non-exclusive and non-transferable right to access and use the Website for lawful use and legitimate purposes in accordance with the Terms.
   You are prohibited from (i) using the Website for any purpose other than as set forth in these Terms, (ii) copying, distributing or disclosing any portion of the Website in any medium whatsoever, including through any automated or non-automated "web scraping" tool or technique, (iii) using any automated system, including "robots" (bots), "spiders" and "offline readers", in order to access the Website, (iv) transmitting, via the Website (v) attempt to interfere with the servers running the Website, compromise the integrity or security of their systems or decrypt any transmissions to or from them, (vi) take any action that in our sole discretion imposes or may impose an unreasonable or disproportionately large load on the Website's infrastructure, (vii) upload invalid data, viruses, worms, or other malicious software through the Website (viii) collect, extract or harvest, or attempt to do so, any personal information from the Website, (ix) impersonate any person or misrepresent your affiliation with any person or entity, commit fraud, conceal or attempt to conceal your identity, (x) interfere with the proper working of the Website, (xi) access any content on the Website through any technology or means not provided or authorized by the Website (xii) circumvent any measures Zen Tattoo may use to prevent or restrict access to the Website, including features that prevent or restrict the use or copying of any content or apply restrictions to the use of the Website or its content, (xiii) modify, disassemble, decompile, reverse engineer, adapt or create derivative works from the Website, or (xiv) use the Website in violation of any applicable law or regulation.
   Investigations and lawsuits. Zen Tattoo reserves the right to investigate any violation of these Terms and to take appropriate action to the fullest extent permitted by any applicable law or regulation. You acknowledge that Zen Tattoo has the right to ensure compliance with these Terms, applicable laws, orders and requirements of any court or governmental body. In case of violation of the present Conditions, Zen Tattoo has the right, at any time and without notice, to disable your access or use of the Website.

 

2. USE BY MINORS PROHIBITED

The Website is intended for adults only. If you are 14 years of age or older, but under the age of majority in the jurisdiction in which you reside, please review these Terms with your parent or guardian. If you use the Website, you represent and warrant that you are of legal age to enter into a purchase agreement through the Website and be bound by the Terms. Zen Tattoo does not knowingly collect any information from children 14 years of age or younger.

 

3. ELECTRONIC COMMUNICATIONS

When you provide Zen Tattoo with your email address through the Website, you expressly consent that Zen Tattoo may keep your email address in its databases or that it may use this email address in its mailing lists in order to communicate with you to (i) validate certain information related to your orders (ii) keep you informed of the status of your order on the Website, (iii) conduct surveys or audits regarding the Website, including its functionality, usability, and your enjoyment of it (iv) notify you of benefits or promotions offered by the Website, or (v) for any other purpose relating to the Website or user safety.

 

4. PURCHASE OF PRODUCTS
   • Purchase Order. For any purchase of Products, you must submit a purchase order using our standard order form made available to you via the Website ("Purchase Order").
   • Formation of Sales Agreement. The Contract is formed on the date and at the time we send you the Confirmation to the email address you provided to us when you submitted the Purchase Order. The Confirmation will also include information regarding the time and place of receipt of your order.
   • Data Encryption. You agree that your data (excluding credit card information) may be transferred without encryption and may involve transmissions over different networks, as well as modifications to conform and adapt to technical requirements of connecting networks or devices.
   • Acceptance, modification or rejection of Zen Tattoo
     • Zen Tattoo will send you the Confirmation within twelve (12) working days following the reception of your acceptance of the Summary of the order and the payment of the products listed therein. Zen Tattoo and you will be bound by the Summary of the order at the time of the transmission by Zen Tattoo of the Confirmation.
     • Zen Tattoo reserves the right to propose modifications to the Summary of the order by transmitting to you by e-mail a modified proposal, which you will be able to accept or refuse, according to the procedures of acceptance and rejection envisaged in this e-mail.
     • Zen Tattoo may reject any Order Form for any reason whatsoever, at its sole discretion and without explanation by means of an email to that effect.

 

5. PRICE AND PAYMENT TERMS
   • The price of the sale is the one displayed on the Order Summary and is due upon acceptance of the Order Summary. To make your payment, you will be redirected to an external transactional platform such as, but not limited to, Stripes or Paypal. You will be subject to the terms and conditions of use of this external transactional platform.
   • Unless otherwise stated, all prices of products displayed on the Website are in Canadian currency.
   • Payment and taxes. Zen Tattoo will require full payment for the products ordered upon your acceptance of the Order Summary. Unless otherwise specified, the prices of the Products listed on the Website do not include shipping and handling charges or applicable federal or provincial sales taxes. Shipping and handling charges and taxes will be listed separately in the Order Summary.
   • Method of payment. Zen Tattoo only accepts payments made by credit card, in accordance with the terms and conditions required by the external transaction platform used.
   • Invoice and receipt. A payment receipt will be sent to you by email with the Confirmation.
   • Pricing Errors. While we strive to ensure that all prices on the Website are accurate, errors may occur. If we discover an error in the price of the products you have ordered after you have accepted the Order Summary, we will notify you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you after ten (10) business days, we will cancel your order and refund all fees paid in connection with any order so cancelled.

 

6. DELIVERY
   • Zen Tattoo will deliver the ordered products to you in accordance with the delivery method and location indicated in the Confirmation. All delivery times provided are estimated and Zen Tattoo declines any responsibility for damages or costs resulting from any delay in delivery. You agree to be able to receive the products at the place of delivery designated in the Confirmation.
   • Primary obligation. Zen Tattoo's primary obligation is presumed to have been performed if Zen Tattoo, if any, has attempted to perform it on the date specified in the Confirmation, on a later date agreed upon in writing by the parties, or on the date specified in a notice sent to you within a reasonable time, but has been prevented from doing so by your actions or negligence.
   • Risk of Loss.

 

7. ERRORS OR DEFECTS
   • Errors or defects in the quality of products. In case of an error on the part of Zen Tattoo or a problem concerning the quality of a product, please write to us at [email protected] within five (5) days following the receipt of the product(s) and explain to us what the defect(s) are. Zen Tattoo will send you a replacement product(s) within a reasonable period of time following the reception of the defective goods, to the return address provided by Zen Tattoo by email, accompanied by a receipt or a proof of purchase.
   • Return and exchange. Except for the replacement procedure provided for in the preceding paragraph, Zen Tattoo will not accept any return of products and will not exchange any product.

 

8. PRODUCT INFORMATION AND AVAILABILITY
   • Colors and Images. Zen Tattoo uses commercially reasonable efforts to display as accurately as possible the colors and images of products that appear on the Website. However, Zen Tattoo cannot guarantee that the display of a color on your computer screen will be accurate or that the product you receive will be exactly as shown on the Zen Tattoo Website.
   • Changes to prices and products. The prices of our products are subject to change without notice. Zen Tattoo reserves the right, at any time, to modify, replace or discontinue the sale of any product offered on the Website without notice.
   • Limitations and interruption. Zen Tattoo reserves the right to limit the sales of products to any person, geographical area or jurisdiction. Zen Tattoo may exercise this right in its sole discretion. Furthermore, Zen Tattoo reserves the right to limit the quantities of any product offered through the Website. All the descriptions and all the prices of the products displayed on the Website are subject to change without notice, at the sole discretion of Zen Tattoo. Zen Tattoo reserves the right to interrupt or suspend the announcement of sale of any product at any time. Zen Tattoo may, at its sole discretion, limit or cancel quantities purchased per person, per household or per order, including orders placed by or under the same customer account, the same credit card or orders that use the same billing or shipping address. If Zen Tattoo is unable to deliver a product you have ordered because it is unavailable, Zen Tattoo will notify you by email and your order will be automatically cancelled with respect to the unavailable product; however, Zen Tattoo may, in its sole discretion, contact you to allow you to maintain your order subject to a revised delivery time if the product becomes available.
   • Zen Tattoo does not guarantee that the quality of any product, service or material purchased or obtained by you will meet your expectations or that any errors in the Website will be corrected.

 

9. INFORMATION AVAILABLE ON THE WEBSITE

The content of the Website is provided for general information purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, complete or current sources of information or obtaining professional services and advice. Zen Tattoo is not responsible if the information made available on this website is not accurate, complete or current. Any use of the contents of this Website is at your own risk.

Without this otherwise limiting what is provided for in the Terms, the Website may contain certain historical information. Historical information is not current and is provided for reference purposes only. Zen Tattoo reserves the right to change the content of the Website at any time, but has no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.

Zen Tattoo will use reasonable efforts to provide information regarding the products purchased, their use and care on the relevant product pages. It is your responsibility to read all the information provided, the labels and other information related to the products before using them. Zen Tattoo will not be held responsible, directly or indirectly, for any injury, death or adverse effect resulting from the misuse of any Zen Tattoo product. You acknowledge that you are responsible for determining whether the products can be used by you and the safest use that can be made of the products, and you release Zen Tattoo from any liability related to the use of the products that may cause any damage.

 

10. PROMOTIONS, RULES AND PROMOTIONAL CONDITIONS

Zen Tattoo may offer special sales, savings, promotions and benefits. Promotions are, by default, limited to one available offer per person, or as otherwise expressly stated in the terms and conditions of the aforementioned promotion. The Website may initially accept an order that violates these terms and conditions. In such cases, and at Zen Tattoo's sole discretion, Zen Tattoo reserves the right to limit, modify or cancel any order(s) or transaction(s) that accidentally or intentionally violate the aforementioned promotional participation conditions. Any order containing a promotional or discount code on an item already sold out is expressly prohibited and will be subject to cancellation, at the sole discretion of Zen Tattoo.

 

11. EXCLUSION AND EXONERATION OF GUARANTEES

ZEN TATTOO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY OR THE GOOD WORKING ORDER OF THE WEBSITE, ITS SUITABILITY FOR USE OR THE ABSENCE OF ERRORS OR INTERRUPTIONS DURING ITS USE, AND IT DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION OR MATERIAL ACCESSIBLE BY MEANS OF OR THROUGH THE WEBSITE IS FREE OF INTERRUPTIONS OR ERRORS. ZEN TATTOO DOES NOT REPRESENT, WARRANT OR PROMISE THAT ERRORS, IF ANY, IN OR RELATING TO THE WEBSITE WILL BE CORRECTED OR THAT THE SERVER FROM WHICH THE WEBSITE IS OPERATED IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, THE WEBSITE AND THE MATERIALS AND INFORMATION CONTAINED ON OR PROVIDED THROUGH THE WEBSITE, AS WELL AS THE PRODUCTS AND SERVICES OBTAINED OR PURCHASED THROUGH THE WEBSITE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS, AND ZEN TATTOO MAKES NO REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, WRITTEN, VERBAL, BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION (i) THE NON-INTERRUPTION AND NON-ERROR OF THE OPERATIONS, (ii) THE ACCURACY, FITNESS AND ACCURACY OF THE WEBSITE, ITS CONTENT, INFORMATION, MATERIALS AND FUNCTIONS ACCESSED THROUGH THE SOFTWARE USED ON THE WEBSITE OR THROUGH THE WEBSITE, AND ANY PRODUCTS, SERVICES OR HYPERLINKS TO THIRD PARTY WEB SITES, NOR ANY FAILURE OF SECURITY IN CONNECTION WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY WEB SITE LINKED TO IT; AND (iii) AS TO MERCHANTABILITY, QUALITY, TITLE, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT PERMITTED BY LAW, DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. THE EXCLUSIONS SET FORTH ABOVE ARE IN ADDITION TO THE SPECIFIC EXCLUSIONS SET FORTH ELSEWHERE IN THESE TERMS.

THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF ANY AGREEMENT.

 

12. LIMITATION OF LIABILITY
    • Limitation of Liability. You acknowledge and agree that you assume all risk arising out of your access to or use of the Website, your use of the products or services, whether such use is lawful or unlawful. To the fullest extent permitted by applicable law, Zen Tattoo, its affiliates, directors, employees, members, agents, licensors or successors and assigns (collectively, the "Related Persons"), shall not under any circumstances be liable for any injury, loss under any circumstances be liable for any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, but not limited to, loss of profits, revenue, savings, data, replacement costs or any other similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising directly or indirectly from your use of the Website or any product obtained through the Website, or for any other claim related in any way to your use of the Website or any product, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the Website, resulting from a user's reliance on any information obtained through the Website, or any content or product posted, transmitted or made available through the Website, even if you have been advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.
    • THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF ANY AGREEMENT.

 

13. INDEMNIFICATION

By using the Website, you hereby agree to indemnify, defend and hold harmless Zen Tattoo from and against any and all losses, damages, liabilities and claims and related costs and expenses of any nature whatsoever (including, without limitation, reasonable attorneys' fees) incurred by Zen Tattoo as a result of any claim related to your use of the Website, the information on the Website, or the products or services obtained from the Website. Zen Tattoo may, at its own expense, assume the exclusive defense and control of any matter within the scope of your indemnity undertaking, and you shall not settle any matter without Zen Tattoo's written consent.

FOR PURPOSES OF THIS SECTION, THE TERM "ZEN TATTOO" INCLUDES ZEN TATTOO'S DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, LICENSEES AND THIRD PARTY SUPPLIERS. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THESE TERMS.

 

14. INTELLECTUAL PROPERTY
    • Trademarks. All trademarks (including words, expressions and logos) used by Zen Tattoo to distinguish, or so as to distinguish, its own products or services from those of others, belong to Zen Tattoo or to their respective owners. The trademarks of Zen Tattoo cannot be used, reproduced or imitated, in whole or in part, without the prior written authorization of Zen Tattoo.
    • Copyright. All original works reproduced or published on the Website are protected by copyright. The owner of the copyright in each work reserves all rights therein. You acknowledge that it is an infringement for any person to do, without the consent of the copyright owner, any act that, under applicable law, only the copyright owner may do.
    • Other Rights. The Website, or any part of it, as well as certain products may be protected by industrial designs or patents. Zen Tattoo reserves all rights relating to the Website or the products that are not expressly granted. You agree not to use, copy or distribute any content of the Website or the Products other than as permitted.
    • Feedback. Zen Tattoo shall be free to use, profit from, disclose, publish, keep secret or otherwise exploit any comments, suggestions or other ideas to improve or modify in any way the Website or any other product or service using a trademark owned by Zen Tattoo ("Feedback"), without compensation or attribution to the user or any person from whom such Feedback originated.
    • Zen Tattoo will, from time to time, provide you with documentation, either online or in any material form, describing the features, operation and use of the Website, products or services ("Documentation"). You understand and agree that you may reproduce and use the Documentation only as necessary for your use of the Website or the Products.

 

15. LINKS TO OTHER WEBSITES

Links and references to other websites are provided for information purposes only. Zen Tattoo has not reviewed and does not expressly or implicitly endorse other websites or any information or material posted on them, or the accessibility thereof, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon.

 

16. AUTHORIZATION TO USE ELECTRONIC DOCUMENTS

You hereby authorize the exchange of documents and information between you and Zen Tattoo by Internet or by email, and you agree that the present Conditions as well as any order confirmation accepted by Zen Tattoo in electronic format are equivalent to an original agreement written on paper between you and Zen Tattoo. You also agree that all agreements, notices, information and other communications that we may send to you electronically satisfy the legal requirements that such communications be in writing.

 

17. GENERAL
    • Modification of the Website; Rights reserved. Zen Tattoo may, at its sole discretion and without prior notice, delete or modify the Website or any aspect of it, including, without limitation, its content, properties or hours of availability, and suspend or discontinue its use without any liability to you or any third party. Zen Tattoo may also impose rules and restrictions on the use of the Website or restrict your access to part or all of the Website without notice or liability. All rights not expressly granted in these Terms are reserved to Zen Tattoo.
    • These Terms are binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
    • Entire Agreement. These Terms, together with all other agreements incorporated herein by reference or referred to herein, constitute the entire agreement between you and Zen Tattoo with respect to the use of the Website, any transaction conducted on or from the Website, and the content thereof, and supersede all prior agreements or understandings (whether electronic, oral, or written) regarding the subject matter hereof, and may only be modified by a written instrument or by such other means as Zen Tattoo is authorized to enter into pursuant to these Terms.
    • You may not assign your rights or obligations under these Terms without Zen Tattoo's express prior written consent.
    • Applicable Laws. The Website is controlled and operated by Zen Tattoo from Laval, Quebec, Canada, and these Terms, the Website, the Agreement, the use thereof, and any transaction conducted on or from it shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein, without regard to conflict of laws principles.
    • Dispute Resolution. You agree that any and all disputes between you and Zen Tattoo regarding these Terms and the Agreement and the disputes contemplated herein shall be resolved by the provincial and federal courts sitting in the judicial district of Laval in the province of Quebec and you hereby irrevocably submit to the personal and exclusive jurisdiction of such courts.
    • Termination. Zen Tattoo reserves the right, in its sole discretion, to terminate your access to all or part of the Website, with or without notice.
    • Severability. If any provision of the Terms is determined to be invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity or enforceability of any remaining provisions of the Terms.
    • Territory covered. Zen Tattoo makes no representation that materials, information or products on or through the Website are appropriate or available for use in locations or jurisdictions other than Canada. Those who choose to access the Website from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
    • Absence of waiver. Zen Tattoo's failure to enforce any provision of these Terms or the Agreement, or to act upon any breach or default by you or any other party to these Terms or the Agreement, shall not be construed as a waiver of its right to enforce these Terms or the Agreement or to act upon any similar breach or default.
    • Interpretation. Sections are included herein solely for convenience of reference and shall not affect the interpretation of these Terms.

 

18. LANGUAGE

Click here for the French version of the Terms and Agreement.

 

19. CONTACT US

Zen Tattoo welcomes your comments and questions, which can be sent to the following address: [email protected]

 

 

Privacy policy

Last modified: December 13, 2021

Zen Tattoo Inc. ("Zen Tattoo", "we", "us"), a company specializing in tattoo and piercing services and products takes your privacy and the protection of your personal information seriously.  The purpose of this Privacy Policy ("Policy") is to provide information and describe our data protection practices, the types of personal information we may receive or collect from you and how we use, disclose, store and secure it.  You will also find out how to contact us, including how to exercise your rights under this Policy and how to obtain more information if needed.

This Policy applies to our www.studiozentattoo.com website ("Website"). However, please note that the rights and obligations described in this Policy do not cover third-party websites that may be linked to or mentioned on our Website. These third party websites have their own privacy policies and we encourage you to read them carefully.

The Personal Information you provide to Zen Tattoo will not be used for any purpose other than as permitted by law and in accordance with this Policy.

By using the Website or by providing your Personal Information, you consent to its collection, use, disclosure and retention in accordance with the terms hereof. You are advised to read this Policy carefully. If you do not consent, please do not disclose your Personal Information to us and discontinue using the Website.

 

1.    WHAT IS "PERSONAL INFORMATION"? 

Personal information is any information that directly or indirectly identifies a natural person by reference to a single element or in combination with others. This includes, without limitation, first name, last name, telephone number, street address, e-mail address, credit card information, etc. (collectively "Personal Information").

This Policy does not apply to Personal Information of employees, consultants or other individuals connected with Zen Tattoo, nor to any information that does not constitute Personal Information, such as information of a purely commercial nature.

 

2.    HOW DO WE COLLECT YOUR PERSONAL INFORMATION?

With your consent

Generally, we will obtain the Personal Information we need directly from you with your consent, subject to any applicable legislative or regulatory exceptions. For example, Zen Tattoo may need to proceed without your consent where, for reasons of fraud detection or prevention, seeking your consent would defeat the purpose.

Zen Tattoo collects your Personal Information mainly from you, notably when you communicate with us, use our services or use our Website. Your Personal Information may, where applicable, also be collected through cookies, or from third parties as permitted by applicable law or if we have obtained the necessary consent.

We collect and use only the information required and necessary for us to fulfill the purposes stated below, based on your consent or as permitted or required by applicable law.

Opting Out of Collection and Withdrawing Your Consent

You have the right, if you wish, to refuse the collection, use and disclosure of your Personal Information. You may also, at any time, and subject to reasonable notice and applicable legal or contractual restrictions, withdraw your consent to the use of Personal Information in our possession by contacting us. You should be aware, however, that if you choose not to provide us with your Personal Information, this may prevent you from, for example, accessing online shopping or other services with us, as this information is essential to the provision of the requested service.

We would also like to inform you that anonymized information, i.e., information that does not identify you, could potentially continue to be used, despite your withdrawal of consent.

 

3.    WHAT PERSONAL INFORMATION DO WE COLLECT?

In the course of our business and provision of services, we may collect the following Personal Information, among others:

• Your contact information (for example: your first and last name, , email address, mailing address or telephone number), for identification purposes, correspondence and to provide our services;
• Demographic information such as your date of birth and age;
• Your communication preferences;
• Your comments or survey responses, if any;
• Any other Personal Information you have provided to us.

Zen Tattoo also collects information relating to the use of its Website including technical information on your visits, your IP address when you last connected, your browsing language, your origin, your geolocation or any other information collected through cookies. For more information in this regard, we invite you to read the "Cookies" section.

 

4.    WHY IS YOUR PERSONAL INFORMATION COLLECTED AND USED?

Personal Information collected by or on behalf of Zen Tattoo may be used for the following purposes:

• To enable you to use the Website, to provide you with the requested services, to maintain, update and improve them
• To respond to your requests for information, technical support and complaints, as well as your comments. In other words, if you need help, we will strive to be there for you;
• To communicate with you and assist you in the delivery of our services;
• For research and development purposes, statistics, analysis and to improve the use of our Website and your customer experience. In other words, we want to make sure that you enjoy your digital experience and that our services are what you need;
• As permitted or required by any applicable legal or regulatory requirement or obligation;
• Any other purpose to which you have consented.

 

5.    COOKIES AND SIMILAR TOOLS

As mentioned in the previous sections, we may use various tools to improve your experience on our Website, to better understand the behavior of our users, particularly in connection with our marketing strategies. The following section is intended to give you more information about how we use these tools and how we profile, if at all.

Cookies and Web Beacons

We may make use of cookies and web beacons. Generally speaking, cookies are small files that are stored on the User's devices when using the Website and online services. In contrast, web beacons, also sometimes referred to as "web beacons," are tiny images that may be placed on web pages or in emails. For example, they can be used to anonymously track the number of times a particular page has been visited by a user or whether an email has been read. As the name implies, web beacons are invisible and any part of our Website, including advertisements displayed on our Website, may contain web beacons. Unlike cookies, web beacons are not placed on your computer. For the purposes of this Policy, we refer to cookies and web beacons collectively as "cookies".

This information is collected through the use of cookies. These files allow the exchange of status information between the Website and the User's browser.

The cookies we use

Zen Tattoo may use various types of cookies. As explained below, some of these cookies are strictly necessary for the proper functioning of the Website, while others will be used, if you have consented, for functional, performance or targeting purposes, or to share content on social networks:

• Strictly necessary cookies. We use strictly necessary cookies to enable the proper functioning of our Website, our security measures and those of third parties. Without these cookies, the services you have requested cannot be provided.
• Functional cookies (also called "preference cookies"). These cookies are not essential to the provision of our services. If you have consented to their use, these cookies facilitate personalization and improvement of the user experience. For example, they store your communication and language preferences.
• Performance cookies (also called "statistical cookies" or "analytical cookies"). These cookies are not essential to the provision of our services. If you have consented, we use performance cookies to understand how you interact with our Website. Our partners may also use these cookies to analyze your use of our Website and provide us with information about it. These cookies produce statistics only. For more information on our use of these cookies, see the "Analytics Tools" section.
• Advertising Cookies. These cookies are not essential to the provision of our services. If you have consented, we use advertising cookies to show you relevant advertising content, including on social networks. Also, our partners may use these cookies to determine whether our advertisements were displayed to you and if so, whether you interacted with them. In such cases, our partners share data with us, including statistics about the performance of our ads.
• Sharing Cookies. Our Website includes social networking features such as the Facebook, LinkedIn, YouTube or Instagram share button. If you use these features, they collect your IP address, the page you visit on our Website, and create a cookie to allow content viewed on our Website to be linked to your user account on those social networks, if applicable. These features may be hosted by a third party or directly on our Website.

Analytics tools

If you agree, Zen Tattoo uses analytics tools to analyze the browsing behavior of visitors to its Website. In addition, we use the Google Analytics tool offered by Google LLC ("Google"), to collect information about how you navigate our Website. You can get more information about Google Analytics here.

Targeted advertising

Zen Tattoo also collaborates with third party advertising companies such as Facebook Ads or Google Ads which collect and use information about your visits to our Website in order to present you with advertising likely to interest you. Zen Tattoo does not communicate any information allowing the advertising companies to identify you. Zen Tattoo also uses Facebook's Custom Audience feature to target advertising to the interests of its current and potential customers. We encourage you to check your Facebook privacy settings if you wish to manage your advertising settings. You can get more information here.

Social Media Features

Our Website includes social media features such as the Facebook, YouTube or Instagram share button or interactive mini-programs that run on our Website. If you use these features, they collect your IP address, the page you visit on our Website, and create a cookie to enable these features to function properly. These features may be hosted by a third party or directly on our Website.

Disabling tools you have consented to

With the exception of strictly necessary cookies, we will only place cookies on your device if you consent, and they will be retained for a maximum of thirteen months from the time they are placed on your device. At the end of this period, your consent will again be required.

You may also manage your cookie settings at any time by following the instructions below. However, if you choose to decline cookies, some pages or sections of our Website may not display properly or some features may not be available. Also, even if you choose not to receive advertisements targeted to your interests, it will still be possible to see advertisements from Zen Tattoo, but in this case, the advertisements will simply not be tailored to your interests and may be displayed more frequently.

• Set your choices on your browser. You can manage your cookie settings by changing the settings on your browser or mobile device. For details on how to set up your browser, please see the help center for Chrome, Safari, Firefox, Internet Explorer, Edge or Opera.
• Set your social networking choices. If you want to change your settings for sharing cookies via social networks, we invite you to go directly to the sites of these social networks:

• Facebook : https://www.facebook.com/policies/cookies/  ;
• LinkedIn : https://fr.linkedin.com/legal/cookie-policy ;
• YouTube : https://policies.google.com/technologies/cookies?hl=fr ;
• Instagram : https://www.facebook.com/policies/cookies/.

• Disable analytics. You can disable Google Analytics by installing this add-on.

 

6.    HOW DO WE DISCLOSE OR SHARE YOUR PERSONAL INFORMATION? 

We may share your Personal Information in the course of our business with various stakeholders, such as suppliers, partners and employees. However, we strive to share your Personal Information only in the ways described below:

• Our employees. Our employees may need to access your Personal Information in the course of their work, for example, when you contact us for technical support. Their access is limited to what is necessary to perform their duties.
• Our agents and service providers. From time to time, we may need to share your Personal Information with agents or service providers to help us make features of our Website available (e.g., maintenance, analysis, legal requirements, delivery, fraud detection, marketing and development). For more information on the transfer of Personal Information, see the section "Do we transfer your Personal Information outside of Quebec?
  When required by applicable law, to enforce compliance or to protect the property or safety of our rights or those of others. For example, we may disclose Personal Information to legal or regulatory authorities where we suspect money laundering, insider trading, manipulative or deceptive business practices or other criminal activity, to detect and prevent fraud, or to meet the legal or regulatory requirements of governmental authorities, regulatory bodies or other self-regulatory organizations. We may also need to disclose Personal Information to comply with a legal obligation (e.g., court order) or to protect our assets (e.g., to collect overdue accounts).
  Transfer of Business. As part of our business development, we may sell or buy businesses or services. In such transactions, Personal Information generally becomes part of the transferred business assets, but remains subject to the promises made in any pre-existing privacy policy (unless, of course, the individual consents otherwise).
  Anonymized. Personal Information that is anonymized may be shared with third parties. For example, we may anonymize Personal Information in order to determine trends or statistics.

 

7.    Do we transfer your Personal Information outside of Quebec?

Your Personal Information may be hosted by Zen Tattoo in locations other than your province, territory, state or country of residence, including in Canada (including in the province of Quebec). Zen Tattoo may also subcontract the processing or share your Personal Information with third parties located elsewhere, including in places other than your province, territory, state or country of residence. In this case, Zen Tattoo will ensure that your Personal Information is adequately protected by appropriate technical, organizational, contractual or other legal means. If you wish to obtain further information on these security measures, please contact Zen Tattoo as indicated in the "Contact Us" section.

 

8.    What are the protections and security measures for your Personal Information?

The security of your Personal Information is one of our priorities and we are committed to taking all reasonable steps to prevent the disclosure, use, alteration or destruction of your Personal Information.

Appropriate physical, technical and administrative safeguards and security measures have been put in place and are maintained to minimize the risk of incidents. These safeguards include, for example, restricted access to the physical office and to Personal Information. If you believe your Personal Information has been compromised, we invite you to contact us.

 

9.     RETENTION PERIOD FOR PERSONAL INFORMATION COLLECTED

Personal Information is retained only as long as necessary for the fulfillment of the purposes set out in this Policy or as required by law for retention periods, if any, including tax regulations. As such, the length of time we retain your Personal Information varies depending on the purpose for which it is used. At the end of this period, we endeavour to destroy or anonymize this information. If you would like more information on this subject, please contact us.

Any user may request deletion of their account by sending an email request.

 

10. HOW DOES ZEN TATTOO PROTECT THE PERSONAL INFORMATION OF CHILDREN?

The Website is not intended for children under the age of 14. Zen Tattoo does not knowingly collect, use or disclose information from children under the age of 14. If you believe that information has been collected from children under the age of 14, you may contact Zen Tattoo as set forth in the "Contact Us" section.

 

11. LINKS TO THIRD PARTY WEBSITES

It is important to understand that this Policy does not apply to other third party websites that may be accessed through links on our Site. We are not responsible for these third-party sites, their content or access to them. Therefore, any Personal Information you submit through these sites is subject to the privacy policies of those sites. It is your responsibility to read their privacy policies to ensure the protection of your Personal Information.

 

12. WHAT ARE YOUR RIGHTS?

o   Quebec and Canada :

You have the right to know whether we hold Personal Information about you and to see that Personal Information. You also have the right to ask questions about how we have handled your Personal Information. You may obtain a copy of your Personal Information or have it corrected, if it is in error, by sending us an e-mail requesting such information.

We will provide you with such information or make the change promptly and no later than 30 days from the date of receipt of the written request. A reasonable fee may also be charged to process your request.

In some situations, it may not be possible for Zen Tattoo to disclose all of the Personal Information it holds about you. Exceptions to the access requirements are limited and specific. The reasons for denying access are provided upon request.

These exceptions include information that is prohibitively costly to transmit, information containing details about other individuals, the existence of legal, security or business reasons that prevent the transmission of the information, and the fact that the information is protected by solicitor-client or litigation privilege.

o   In other jurisdictions :

Depending on applicable laws, you may have the right to obtain access to or rectify your Personal Information, the right to withdraw your consent (if any), the right not to be discriminated against, the right to restrict and object to Zen Tattoo's use and processing of your Personal Information, or the right to data portability, i.e., the right to receive a copy of all the Personal Information Zen Tattoo holds about you in a structured, commonly used and machine-readable format. To exercise any of these rights (to the extent available), please contact Zen Tattoo as indicated in the "Contact Us" section.

 

13. CONTACT US 

If you have any questions, inquiries, comments or complaints about your Personal Information, we invite you to contact our Privacy Officer at [email protected]

 

14. HOW TO FILE A COMPLAINT?

Zen Tattoo has established procedures for receiving complaints and inquiries regarding its policies and practices for handling Personal Information. Zen Tattoo will inform individuals who make inquiries or lodge complaints of the existence of the relevant procedures.

Zen Tattoo will investigate all complaints. If a complaint is found to be justified, Zen Tattoo will take appropriate measures including, if necessary, amending its policies and practices.

 

15.  CHANGES TO THE POLICY

We reserve the right to revise, update, supplement or make changes to this Policy at any time. If material changes are made to the Policy, you will be notified when you log in and/or we will send you a link to the new version of the Policy. Such changes will be posted on the Website and will be effective immediately upon posting. Zen Tattoo requests its Users to review the revised Policy before continuing to use its Website. By continuing to use the Website after an update is posted, you consent to our use of your Personal Information in accordance with the amended Policy.

 

16. CONTACT US

Zen Tattoo welcomes your comments and questions, which can be sent to the following address: [email protected]

 

All rights reserved. © Zen Tatouage Inc. 2021