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Privacy Policy, Terms of Use, etc

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Gathering, use and disclosure of personal information

This Privacy policy is based on the federal Personal Information Protection and Electronic Documents Act ("PIPEDA") and Alberta's Personal Information Protection Act (PIPA). It governs the relationship between SHM (SHM Shanghai, SHM Edmonton, SHM Design) and individuals with whom we interact, such as our customers or potential customers, partners, suppliers and contractors ("you"). At SHM, we are committed to providing excellent service and to ensuring that our relationship with you is conducted with integrity and in a responsible, fair, honest and ethical manner. If you have any questions about this Privacy policy or wish to access the personal information in our possession about you, please contact SHM Design.

  • What is personal information
    Personal information is information that may be used to identify a specific individual. Examples of personal information include your name, address, age, phone number and other personal identification numbers.
  • What personal information does SHM collect and use
    In the course of carrying on our business, it is necessary for SHM to collect and use information about a variety of individuals. The way this information is used is dependent upon the nature and sensitivity of the particular information. SHM limits its collection, use and disclosure of your personal information to the purposes that we have identified to you. For example, SHM may collect personal information such as name, address and contact information in order to transact business with you.
  • Why do we gather personal information
    SHM gathers and uses personal information for the purposes reasonably required to carry on our business, including the following:
    • To establish and maintain an effective business relationship with you, SHM gathers basic information from its customers, partners, suppliers, contractors and other individuals to confirm their identity and related contact information.
    • To meet legal and regulatory requirements, SHM gathers and uses personal information in order to meet our contractual obligations to you, and our legal and regulatory obligations to others.
    • To understand your needs and improve our business, we may collect information from you about your business and how we meet your needs.
    • To meet your needs and improve your business, we may provide information to you about our business and how we meet your needs.
    If we identify a new purpose other than those listed above for the personal information that we have collected from you, we will obtain your consent before using your personal information for the new purpose.
  • What personal information does SHM disclose
    SHM may be required to disclose personal information about individuals in certain situations, including the following:
    • To an affiliated company or a third party where the third party has agreed to handle the information in accordance with our policies and the applicable legislation.
    • To a person whom SHM reasonably believes to be acting as the individual's agent.
    • To a person acting as a SHM supplier or subcontractor for business we conduct with you.
    • To a police, to the extent required to comply with legal or regulatory requirements.
    • For the purpose of a proposed sale of all or a part of our business.
  • Consent
    Except in limited circumstances, SHM will only collect, use or disclose your personal information with your consent. By your receipt of this Privacy policy, SHM will assume, unless we hear from you otherwise, that you consent to the collection, use and disclosure of your personal information by SHM in accordance with this Policy. You may withdraw or limit your consent to our collection, use or disclosure of your personal information at any time, subject to any legal or contractual restriction and reasonable notice. Please note that the withdrawal of your consent may change the way in which SHM is able to interact with you. We will not use or disclose your personal information without your consent except in the following circumstances:
    • When required by law or for law enforcement or investigatory purposes.
    • For an emergency that threatens life, health or security.
    • For the purpose of collecting on a debt owed to SHM.
    • If the information is publicly available.
  • Protecting your personal information
    Keeping your personal information confidential and secure is a priority for SHM. In order to ensure protection of your personal information, we have developed security procedures to safeguard and protect your personal information against loss, theft, unauthorized disclosure, copying, and unauthorized use or modification, including:
    • Limiting the collection, use and disclosure of personal information to that reasonably required to carry on our business.
    • Ensuring that areas and documents are only accessible by authorized personnel on a need-to-know basis.
    • Protecting the confidential nature of personal information when dealing with other organizations and requiring them to meet the same standard as we do in handling personal information, however, we cannot be responsible for the privacy practices and policies of third parties.
  • Your rights
    Accessing your personal information We will honour any reasonable requests you make to review, update or correct any of your personal information that is held by SHM. We will respond to your request for access within 30 days of the request being made. You could refuse to allow us to obtain, use or share your personal information or you could also withdraw a previously given consent at any time. However, by doing so, depending on the situation, you may be limiting or even preventing our ability to provide you with the service or product you desire.
  • Requesting an update or correction
    If you believe that any of your personal information is inaccurate, you may ask us to correct it. We will respond to your request to update or correct your personal information within 30 days of the request being made.
  • Governing law
    This policy and the use of this site are governed by Alberta law. If a dispute arises under this Privacy policy we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Edmonton. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Edmonton, under the rules of the Alberta Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. SHMDesign.com is controlled, operated and administered entirely within Edmonton. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.
  • Changes to this Privacy policy
    We reserve the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.

Website terms of use

Please read these terms of use before using this website. Using this website indicates that you accept these terms.

  • Your use of the SHM website
    SHM authorizes you to view, copy and print documents published by us on the World Wide Web for non-commercial use within your home or organization only. In consideration of this authorization, you agree that any copy of these documents shall retain all copyright and proprietary notices contained at the bottom of each page. You may not use, reuse, repost, distribute, modify, or transmit any information for any commercial purpose or for public use without the prior written permission of SHM.
  • Our use of the SHM Website
    Your personal information is collected when you voluntarily complete an online form. Personal information collected in online forms is used to respond to your inquires or requests and for other purposes reasonably required to carry on our business as outlined on this Privacy policy page. Our website collects visitor information in the form of the visitor's domain or Internet Protocol ("IP") address and information regarding which pages are accessed. This information is used internally, only in aggregate form; to better serve you by helping us manage and improve the content of our website and to diagnose technical problems. SHM may also store 'cookies' on your computer and use Google Analytics when you visit our website. We use Google Analytics to monitor website activity.
  • No warranties
    The content of this website has been compiled from a variety of sources and is subject to change without notice, as are any products, programs, offerings, or technical information described within this website. SHM makes no representation or guarantee whatsoever regarding the completeness, adequacy, suitability, or accuracy of this website or its content. By using this website, you assume the risk that the content within this website may be incomplete and may not meet your needs and requirements. If you are dissatisfied with any of these terms of use, your sole and exclusive remedy is to discontinue use of this website. Services sold by SHM are sold per the Terms and Conditions or Sale shown on your quote or order confirmation.
  • Trademarks
    SHM may be required to disclose personal information abou"SHM DESIGN", "SHM" logo, "SHM Edmonton" and "SHM Shanghai" logo are trademarks of SHM DESIGN Inc. Other product and company names mentioned herein may be trademarks and/or service marks of their respective owners.

Web services agreement

SHM is committed to providing excellence in every aspect of business and the services we provide. In order to maintain our high standards, you (herein called the "Client" ) must agree to all of the following terms and conditions.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

  • General terms
    These Terms and Conditions govern the use of SHM's Services: website development, mobile design, SEO, translation, social media and any other services which may be offered from time to time (herein called the "Services").

    The term of this agreement shall be one year. The Terms and Conditions of this Agreement may be updated by SHM from time to time. SHM will notify the Client of any such changes. A current copy of these Terms and Conditions, including any and all modified terms, may be found online on this page.

    SHM may withdraw or alter any aspect of the Services at any time, without liability and at SHM’s sole discretion. SHM will endeavour to provide the Client twenty days notice of any such changes. Special circumstances may require SHM to discontinue or alter the Services immediately. If the Client does not agree to these changes, the Client may cancel their account by providing SHM ten days written notice and SHM will refund the Client a prorated amount for the remaining term of the Services.

    Continued use of the Services within the term of the Agreement constitutes continued acceptance of this Agreement, including any and all modified terms posted for the Services as provided at a given moment in time. Continued use of the Services beyond the term of the Agreement constitutes continued acceptance of this Agreement, including any and all modified terms posted for the Services.

    All notifications from SHM to the Client will be via email at the email address that the Client provides. It is the Client's sole responsibility to ensure that they have provided SHM with a current email address and that the email address is checked regularly. Due to potential issues that can arise in email delivery such as an expired email account, email box is full, and SPAM filters, SHM is not responsible for email notifications not received by the Client.
  • Acceptable use of the services
    SHM has a zero tolerance policy towards abusive accounts, which impact the Services and respect of others. SHM reserves the right to immediately terminate all Services and/or content from our servers at our sole discretion. Examples of activities we deem inappropriate include, but are not limited to:
    • Unauthorized distribution or copying of copyrighted materials
    • Adult or pornographic material of any kind or links to such material
    • Junk or unsolicited bulk email (Spam, mail bombing, etc.)
    • Materials or actions that are unlawful, hateful, abusive or threatening towards another person, entity or group
    • Any degree of malicious or hacking activities (network flooding, accessing another's site without permission, etc.)
    SHM and its partners reserve the right to prosecute organizations and individuals who knowingly disregard these policies to the fullest extent of the law.
  • Disclaimers & limitation of liability
    SHM does not represent or warrant that any of the Services will be uninterrupted or error-free, that defects will be corrected, or that any of the Services or the hardware that makes any such Service available are free of viruses or other harmful components. SHM will not be held liable in any way for loss or damage incurred by the Client through the use of the Services. This includes, but is not limited to: lost profits, loss of programs or data, and business interruption. In the case of the disruption of the Services, SHM will endeavour to restore the Services in a timely manner and take precautionary steps to prevent or minimize the issue from occurring again.
  • Indemnification
    The Client agrees to indemnify and hold SHM and its partners harmless from any and all manner of actions, causes of action, suits, claims, demands, costs, liabilities, or damages, including all legal costs, asserted by any third party due to or arising out of the Client's use of or conduct on any of the Services. The Client agrees to indemnify and hold SHM and its partners harmless from any claim by a third party for alleged infringement of any copyright or any other intellectual property rights which arise as a result (direct, consequential or otherwise) of the storage or processing of any of the Client's programs or data with SHM or through the Services.
  • Payment
    The Client agrees to accept all fees that may be incurred as a result of using the Services. Payments can be made by cheque, cash, or credit card depending upon eligibility. All cheques should be made out directly to: Sam H Mah. Additional fees will apply for NSF payments. Unpaid accounts are subject to a 2.0% charge per month based on the amount owing. If the law of your jurisdiction does not allow an interest rate of 2.0%, then the maximum allowable rate for your jurisdiction will be charged. SHM reserves the right to change its fees or billing methods at any time and SHM will provide the Client thirty days notice of any such changes. If the Client does not agree to these changes, the Client may cancel their account by providing SHM fifteen days written notice and Sam H Mah will refund the Client a prorated amount for the remaining term of the Services. In the event of default, the Client agrees to pay to SHM or Sam Mah all reasonable expenses, including but not limited to legal and collection costs incurred.
  • Termination of agreements and refunds policy
    Minimum 24 hours notice of cancellation required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a $50 Canadian dollar charge to cover any subsequent administrative expenses. Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded. We will refund full money for that particular task under special circumstance if we unable to meet a customer's 100% satisfaction. For example, after many revisions, the Client is not happy with that particular task. We will refund the money.
  • Force majeure
    Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavour to comply with the terms and conditions of any Agreement contained herein.
  • Communication
    We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
  • Other
    If any provisions of this Agreement are deemed invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. SHM 's failure to enforce any provision of this Agreement shall not constitute or be construed as a waiver of that provision or of the right to enforce it at a later time. This Agreement shall be governed by the laws of the Province of Alberta, Canada. This Agreement contains the entire understanding between SHM and the Client for provision of the Services. This Agreement supersedes and cancels any and all prior and contemporaneous oral and written understandings or agreements on this subject matter.

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