GANTTREE TERMS OF USE
Last Updated: Dec 1, 2021
The Terms and Use, with Non-Disclosure, and Privacy Policy all together comprise the entire inclusive Ganttree Terms of Use Agreement, herein (the “Terms of Use”). The terms of use apply to Ganttree inclusively, which include, however is not limited to, beta testing “beta test period”, trial offer and general use; in-part, in-full, actively, inactively, directly, indirectly, solely, or group. For simplicity the Ganttree software application, herein; the Terms of Use - will be referred to as; (“Ganttree”, or the “APP”).
(“GANTTREE”) The Ganttree name is synonymous, between; the business (having all business function) and the software application (the software application in its entirety). Ganttree functions to provide; Frontline Personnel, Control Center Operators, and Executive Management two things needed for business continuity within large organizations and complex infrastructures. 1.) more operational oversight. 2.) more situational awareness. Ganttree offers various applications for unique user experience with custom adaptive software. Ganttree is only available in this manner at this time.
Naming Convention: i.e. Title “Ganttree Vantage Pointe”. Title, label, term, abbreviation, acronym denote, form part of, make reference to the application; function, sub-function, or specific function.
Interpretation: All references herein these Terms of Use blanket the attached inclusive Non-Disclosure and Privacy Policy:
Acceptance of the Terms of Use: These Terms of Use for the APP constitute a legal agreement and are entered into by and between you and Ganttree. These Terms of Use govern your access to and use, including any content, functionality, and services made available through the APP or by Ganttree. By clicking the checkbox below you are acknowledging full receipt and understanding for, or of the Terms of Use, that you are fully informed, accepting, and willing to comply with the Terms of Use for the APP.
BY REGISTERING, ACCESSING, OR OTHERWISE USING THE APP, YOU UNDERSTAND, ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THE TERMS OF USE AND OUR NON-DISCLOSURE AND PRIVACY POLICY, ALL THREE FOUND INCLUSIVE AT WWW.GANTTREE.CA. IN THE FOOTER. IF YOU DO NOT UNDERSTAND, AND OR AGREE TO THESE TERMS OF USE, NON-DISCLOSURE, AND OR OUR PRIVACY POLICY, YOU MUST NOT REGISTER, ACCESS, OR USE THE APP.
Updates to the Terms of Use: We reserve the right in our sole discretion to revise, modify, change, or otherwise update these Terms of Use at any time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the app. Your or your Employees’ continued use of the app after any modifications of these Terms of Use with Non-Disclosure and Privacy Policy constitutes your understanding, acceptance of, and agreement with the Terms of Use as updated.
Beta Test Version Licence: The app is in its beta test version and is not yet available for public release. Subject to your compliance with these Terms of Use we grant you a non-exclusive, terminable, non-transferable, and non-sublicensable limited licence (the “Beta Test Version Licence”). The License allows you, and is for you to access and use the beta test version of the app, is for your sole internal use. Intent of the app is for the purpose of a more connected workplace, and environment, to build and have information as it relates to facility and management thereof, for more onsite safety, more onsite awareness, more operational awareness and more collaboration, all made possible with access to Ganttree. The information on the application pages and that viewed, or shared at times is for members, to have current and relevant information, for you alone or between each other, you and them (all Members), in the moment. (“Non Members”) Members sharing content between members and allowing pages to be viewed up close, general viewing must be limited, non members (non participants) gaining a vantage point to view content is not permitted, unless with ganttree consent, members are to take ownership to self manage for privacy and disclosure compliance, use is member based, the license is user or “member” only. Non Members can become Members by registration and acceptance to participate in one or more Beta Test Periods, inclusive; concurrent Beta Test. Any use of third-party software provided in connection with the app, or any third-party services made available through the app, will be governed by such third-party licences and not by these Terms of Use.
Beta Test Participants: “Members” are those who have a direct need and reason to be associated with any one or more Beta Test Opportunity completing two steps: 1. have successfully registered. 2). have been added to a property and or Building Profile.
Term: This Beta Test Version Licence is effective the date of your registration with the App (the, “Effective Date”) and for a (1) One-year period (the “Beta Testing Period”) this as default unless specified prior in writing during the Beta Test selection process, or during Beta Test is terminated early in accordance with these Terms of Use, or extended by written agreement between you and Ganttree. This Beta Test Version Licence will terminate automatically, and or without any notice to you if you breach any provision of these Terms of Use (inclusive our Non-disclosure and or our Privacy Policy).
Beta Test Client Fee: “No Cost, No Obligation” Unless you and Ganttree otherwise expressly agree in writing, you will not be charged for your registration, access, or use of the App, including; any Secondary Works and Communications for manual documentation, site visits, images drafted, created, or data uploads that may occur as part of the information gathering process, and or, as part of a standard client setup process. On registration and in, setup; “Secondary Works and with Communications” are known as: (the, “Initial Utility Service”) and for Ganttree Beta Test Opportunities they are standard at all times, at No Cost. However; Initial Setup for Utility Service and Requirements are unique to each user and provided on an approved request, having no guarantee, or promise of completion, delivery, or applied application. Ongoing Utility Services thereafter are normally a quoted service, with Ganttree as a vendor. Services are offered up as additional manual services, and only on request, limitations apply and may exist. Our decision to waive your fee during the Beta Testing Period will not prevent us from charging any fee upon termination of the Beta Testing Period, and or for any and all ongoing continued use and or business thereafter.
Client Request/Registration: You may opt out of Beta Test to Accept an Early User Benefit Agreement any time after a 6 months trial. Ganttree Member Profiles are FREE, personal profiles are exclusive and unique to the user having unique Ganttree Reference Identification. Personal Profiles are Free at all times, inclusive; before and after a Beta Testing Period.
Company/Organization Client: There is a connection fee for any company or organization to use Ganttree as a client; the Utility Service Connections is 100/mth (flat rate; regardless of the immediate local property, “building(s)”, “Building cluster” or respective users involved) and is only for for the Member Organization. This allows unlimited associations to be made to their associated property. Contractors are considered outside associates (connections outside the organization) and are not the same as internal associates.
Client External Associates: are member clients who have independent fees of their own under a company or Organization as employee, contractor, owner or other as $100/mth to connect.
Client Member-Client Member: If two or more client members are to be associated and connections made, setup is then a quoted service with Ganttree and or an Ambassador for Ganttree, and on a case-by-case basis. With one exception; there is no cost during a Beta Test Period.
Early Client Agreements: are clients who receive, have unique benefits and cost savings not available after launch or full release. Early User Benefit Agreement are unique, and are limited (limited time offer).
User Communication with Ganttree: All user communication, discussions, meetings, feedback, concerns, information, documentation, and or, any contact requirement(s) regardless of circumstance, timing, contact method; including not limited to: phone, email, in person must be conducted professionally, appropriately, be relevant to the circumstance and or situation, and be exclusively directed without exclusion solely to Ganttree Operations. Department known as Ganttree Operations: (“Operations”, and or “Documentation and Templates”). Contact information is also posted herein. Ganttree Operations is the principal point of contact without exception and retains the right to redirect or make available other internal personnel direct or indirect for support, clarification, involvement, and or for any and all Utilities Services.
Access to the App: To access the App, you are required to register a PERSONAL profile; that requires a minimum: first name, last name, phone number, and email (the “Profile”). You must provide true, accurate, current, and complete information in your Profile and maintain active use and status, by signing in to the App at least once per week.
Basic Setup: Starts with a Personal Profile that in-turn grants access to registered Building profiles in the system and doing more on the platform, such as: Sign-In Access. Registered members can access the APP which has an inherent Buildings Listing, known as: (“Global Building Listing”) used to select a building and be able to sign-in to it as a VISITOR. The Global Building Listing grows with Ganttree Personnel registering or addressing locations for such things as buildings and or alike. Basic registered building profiles are then available to all registered members to access, view and sign-in to select buildings - with no delay. Signing-in to buildings associates you to the property and adds you to the building’s onsite personnel listing, this shares your contact information to the building onsite listing and with all building associates in care of, or tasked with oversight, work activity and or responsibility for the building. This includes but is not limited to personnel, from: Facilities Management, Control Centre, Health and Safety, Security and or Remote Access Control Stations (such as; Nurses at entrances for Covid Access Control and Screening).
Advanced Setup: To gain additional access to more of the system and functions members can send requests (in the system, or by email) so as to register more content, and or be associated to, or with their Company and or property. You will receive additional setup support as: “Staff Member”, “Employee” or “Other”; there is a head and shoulder picture requirement for this advanced profile. To advance Ganttree must be contacted in writing by an appropriate signing authority, from there our support team will advance personnel profiles to associate to respective building(s), including all other inclusive structures and or surrounding property either owned or managed by said company. Additional features and functions can then be granted on case by case basis and on approvals by Employer/Ganttree agreement.
Company Setup: Setup is for each member’s association to, connection to, and or use with building profiles, to have more options, additional functions and services, more APP capacity and capability. Personal Profiles are used to send requests to connect with Building. Thereafter are accepted or denied. Profiles accepted are then directly under said building administrators’ oversight, for care, and or management of continuity. It is the company administrators of each building who accept or deny members into their Buildings and to their personnel listings, this is true for Tenants, and Vendors alike.
Personal Profiles: Are required in order to gain access to the APP. Personal Profiles allow for connections to be made between all associated people and their respective buildings in the system. Only the Personal Profiles are created for each member under this Terms of Use Agreement and Licence, not Building Profiles. New members register to create their unique and self managed Personal Profile. Ongoing setup, connections and or services are not guaranteed, promised, and are subjective to each user's needs and requirements. Employers may request connections for the known building custodians, affiliates, or associates. Unless limited transfer of access rights and privileges are requested in writing, and have been approved by Ganttree for setup, reassignment, and an actual transfer to another specific and specified user, or a request for a new “administrator” has been completed in full Ganttree management or representative will remain as sole system administrator and respective administrator(s). Others may be added and or removed in addition to having a mandatory Ganttree Beta Test Administrator.
Building Profiles: Required for the full functions and capacity of the system. Ganttree sets up all building profiles, and at our discretion and timing, buildings are independent of personal profiles, initial information; building name, address, hours of operation, directory and image are all initial information “open source” public information, available to the public domain. Additional content or specific work as added information from members is all voluntary and deemed safe for general use, forfeited, surrendered for common use. All information remains in building profiles regardless of memberships. Building Profiles are created, and managed by Ganttree, however populated content comes from active participants. Only approved generic non essential content is permitted and only by approved members, content management and page development is shared between Ganttree Administrators and the Building Members involved and participating, members have an opportunity to become Ganttree Ambassadors and full clients following the Beta Test Period.
Only Personal Profiles: Are independently self-managed by the owner of the Personal Profile; each user registers to create their own private profile, username, and passwords. Ganttree on registration will provide a unique profile Ganttree identification number (the “Ganttree ID”), your contact information is only shared - if you're signed into the building.
Ganttree Address Setup: Ganttree Personnel (KYS Support Team) and Management are the exclusive owners and or managers “or administrators” for all Addresses in the App, and for the company or building Naming Conventions, applied, used, made, linked or associated to each address; regardless of province, territory, state, city, town, jurisdiction, or geographical location (with or with-in). Addressing creates for advanced APP capability and for building profile to address association.
Administrator Setup and or Transfer: Building Profile administrator transfer is possible only on request however not in or under a Beta Test Version Licence. At least one Ganttree management personal known as: (Ganttree Know Your Site Support; the, “KYS Support”) on the APP is required and will remain on each building profile setup in the APP, so as to be available for help, and be a direct connection to Ganttree. For any transfer of a Building Profile Administrators (Ganttree being the initial sole administrator) reassignment to a new individual is requested and approved by Ganttree, and at our sole discretion. New administrators must be of direct association. Administrators can only be other registered coworkers or employee also associated with, and or have access to said Building Profile. On transfer you may remain sole administrator, or, share administration; re-assign another individual as an administrator of your Building Profile and they to will either assume all responsibility, management, and control of the building profile or share it with you or others. Note: There must always be at least one Administrator for each building.
Company and Building Setup Requirements: Company information and Building Profiles to be setup require the company to assign an approved signing authority or person to either be a point of contact, and or assign a point of contact to assist Ganttree management in the setup during the information gathering phase and for all respective communications thereafter. A point of contact must be available for set up and training, and or, must reassign their duties to another component active co-worker in their absence.
Personal Profile Security: You are entirely responsible for managing your own Personal Profile and maintaining the confidentiality of your information, including your Profile login and password. You must ensure that you and all of your employees who also access the APP are made aware of these Terms of Use (with Non-Disclosure and Privacy Policy) and comply with them. You will use all necessary physical and technological security measures to protect the app, its content, and any related documentation, including a print of any content obtained through the app, from unauthorized access, view, or use. We are entitled to rely on any use of your Profile and any communications received from you, unless you notify us promptly of any error, unauthorized access, or any other breach of security. You are fully responsible for all content, actions and activities that occur under your Profile, at all times, even if such activities were not authorized by you, and for any other breach of security. Ganttree is to be notified of any and all breach of security resulting in inaccurate, false, misuse, or misrepresentation of your profile.
Modification, Suspension, or Discontinuance of the app: We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of the app or to restrict or prohibit access, without notice. We may correct errors or omissions in any portion of the app at any time without notice, but we do not have an obligation to do so. We shall not be liable to you for any modification or discontinuance of any part of the app.
Information About You: All information we collect on this app is subject to our Privacy Policy. You agree that all information you provide to register with this app or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Intellectual Property: You understand and agree that the app and its entire contents, features, and functionality, including, but not limited to, all information, software, code, graphics, user interface, and overall design are owned by Ganttree, and are protected in all forms by intellectual property laws. Any rights not granted by Ganttree are expressly reserved.
Trademarks: Without limiting the generality of the foregoing, the product names, company names and logos of Ganttree or any third party used on the app may be trademarks. Such trademarks, product names, company names or logos may not be copied, imitated or used, in whole or in part, without the prior written consent of Ganttree, any owners, or other relevant parties as applicable relating to the trademarks, product names, company names or logos.
Feedback: You may provide feedback to Ganttree about the app, including any ideas or suggestions for enhancements or improvements (collectively, the “Feedback”). You agree to assign and transfer all right, title, and interest in and associated with the Feedback to Ganttree, without any limitation of time and without any restriction. Ganttree may use and commercialize your Feedback in any way and for any purpose without providing any compensation or recognition to you or to any other person.
In-Kind: Not limited to profiles, Ganttree management and or approved associates in care of setup may make suggestions and or make recommendations, and or forward thoughts, ideas, and or knowhow as to setting up, respective training requirements, system best practice methods and or its general use limitations - either written or verbally, without liability, promise of performance or guarantee of any kind.
Prohibited Use of the APP: You may only use the app for lawful purposes and in accordance with these Terms of Use and our Privacy Policy. Without limiting the generality of the foregoing, you may not, or permit any person to:
Suspension or Termination of your Access: We have the right to suspend or terminate your Profile and any Employee User Profiles at any time in our sole discretion for any or no reason, including, but not limited to, inactive status, and or any violation of these Terms of Use; Non-Disclosure and our Privacy Policy. If your Profile or Employee Profile is terminated for any reason, these Terms of Use; Non-Disclosure and our Privacy Policy will nevertheless continue to apply and be binding upon you in respect of your prior use of the app and anything connected with, relating to, or arising from that use. You must maintain active use status (login at least one time weekly - not including absent or vacation durations) non active status and or personal Profiles deemed to be inactive on the system are subject to Ganttree notifications for further continued use and or will be removed. Profiles removed cannot be reinstated as each is unique and encrypted. Re-registration by the individual themselves will then be required to regain access to APP.
DISCLAIMER OF WARRANTIES: THE APP IS IN ITS BETA TEST VERSION AND IS STILL UNDER DEVELOPMENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES MADE AVAILABLE THROUGH THE APP IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP, ITS CONTENT, AND ANY SERVICES MADE AVAILABLE THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. GANTTREE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS DO NOT MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE ACCURACY, ACCESSIBILITY, AVAILABILITY, CAPACITY, COMPLETENESS, CURRENCY, DEFECTS, DELAYS, ERRORS, PERFORMANCE, QUALITY, RELIABILITY, RESULTS, SECURITY, OR SUITABILITY OF THE APP OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, GANTTREE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS DO NOT REPRESENT OR WARRANT (A) THAT THE APP WILL BE COMPLETE, ERROR-FREE, RELIABLE, SECURE, OR UNINTERRUPTED; (B) THAT ERRORS OR DEFECTS WILL BE CORRECTED; (C) THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THAT THE APP, ITS CONTENT, OR ANY SERVICES MADE AVAILABLE THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GANTTREE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY CLAIM OR REMEDY WHATSOEVER INCLUDING ANY CLAIM FOR, OR REMEDY INCLUDING, DAMAGES, EQUITABLE RELIEF, INJUNCTIVE RELIEF, OR OTHER REMEDY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING REMEDIES FOR ANY PERSONAL INJURY (INCLUDING DEATH), LOSS OF USE, DISCLOSURE OR LOSS OF DATA, LOSS OF REVENUES OR PROFITS, LOSS OF BUSINESS, BREACH OF CONFIDENCE, LEGAL, FINANCIAL OR OTHER PROFESSIONAL FEES, OR OTHER INTANGIBLE LOSSES, WHATSOEVER AND HOWSOEVER CAUSED, REGARDLESS OF ANY THEORY OF LAW PROVIDING A BASIS FOR THE REMEDY (INCLUDING CONTRACT, TORT, OR STATUTE), EVEN IF GANTTREE KNEW OR OUGHT TO HAVE KNOWN ANY POTENTIAL LOSS OR DAMAGE, FOR ANY LOSS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, OR INABILITY TO USE, OR RELIANCE ON THE APP, ITS CONTENT, OR ANY SERVICES MADE AVAILABLE THROUGH THE APP, BY YOU OR ANY PERSON FOR WHOM YOU ARE RESPONSIBLE FOR.
Indemnification: To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Ganttree and its directors, officers, employees, or agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or in connection with the use of the app, its content, or services made available through the app by you or any person for whom you are responsible for.
Governing Law and Jurisdiction: These Terms of Use shall be governed by and construed in accordance with the laws of Alberta and the applicable federal laws of Canada, without regard to conflict of law provisions. Any action or proceeding arising out of or relating to these Terms of Use will be instituted in the courts of the Alberta or Federal Court of Canada. You agree to irrevocably submit to the exclusive jurisdiction of such courts in any action or proceeding.
Entire Agreement: These Terms of Use with Non-Disclosure and our Privacy Policy constitute the entire agreement between you and Ganttree with respect to the app, and supersedes all prior and contemporaneous understanding, agreements, representations and warranties, both written and oral, with respect to this app.
Severability: If any term or provision of these Terms of Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Use, or invalidate or render unenforceable such term or provision in any other jurisdiction.
Waiver: Failure of Ganttree to exercise or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Ganttree Contact: If you have any questions, comments, or concerns about these Terms of Use, contact standard local business hours, email: elavelle@ganttree.ca.
NON-DISCLOSURE AGREEMENT
This Ganttree Non-Disclosure Agreement (“Non-Disclosure Agreement”), is as part of, inclusive (the “Terms of Use”) together effective the date of your registration with, or, on the App (the, “Effective Date”).
This Agreement is entered into by you (the “Recipient”) and Gardlund Ltd o/a Ganttree having offices at 7124-111th Street, Edmonton, AB T6G 1G8 (“Discloser”) (each a “Party” and together the “Parties”). In order to protect certain Confidential Information, as described below, and for other good and valuable consideration given by each Party, the receipt and sufficiency of which is hereby acknowledged by each of the Parties, the Recipient and the Discloser agree as follows:
1. Disclosing Party. The Discloser is disclosing the Confidential Information to Recipient only for the Purpose of the Agreement.
2. Description of Confidential Information. “Confidential Information” is any information in whatever form or medium (and includes any copies of such information that Recipient is authorized to make hereunder) that is: (a) proprietary or confidential to Discloser or its affiliated companies or to their respective customers, suppliers or other business partners including, without limitation, information that is embedded in, or related to Discloser’s product or the development, testing or commercial exploitation thereof, in whatever form or media; (b) is either specifically identified as confidential prior to or at the time of its disclosure or would generally be considered confidential in the software industry; and (c) directly or indirectly disclosed to or which the Recipient is otherwise provided access to by Discloser or on Discloser’s behalf.
3. For the purposes of clarification. Any information regarding Discloser’s software, its related documentation or any other software products or related services provided by the Discloser shall constitute Confidential Information and may be used, reproduced or disclosed only as specifically provided herein.
4. Purpose. In this Agreement “Purpose” means: (i) evaluating, testing and developing the Ganttree System; and (ii) to the extent this Agreement is incorporated by reference into any other agreement, achieving the objectives of that agreement.
5. Use, Disclosure and Reproduction. Except as specifically provided herein, Recipient shall hold Confidential Information in strict confidence. Recipient shall use and reproduce the Confidential Information only to the extent reasonably required to fulfill the Purpose. It shall not be a breach of the obligations of the Recipient if the Recipient provides access to Confidential Information to, and authorizes the use and reproduction of the Confidential Information as is reasonably required to fulfill the Purpose by Recipient’s employees (“Employees”) if Recipient is a business, provided that Recipient is vicariously liable for the failure of any Employee to whom Confidential Information is disclosed to comply with Recipient’s obligations hereunder and further provided that the Employee: (i) has a need to know the Confidential Information to fulfill the Purpose; and (ii) has entered into a confidentiality agreement with Recipient with terms that afford no less protection to the Confidential Information than the terms of this Agreement. Recipient may also disclose Confidential Information if and only to the extent: (i) it is required to do so by law provided that Recipient gives Discloser sufficient notice to enable it to seek an order limiting or precluding such disclosure; or (ii) Discloser gives its prior written authorization to do so which is signed by an officer of the Discloser. Recipient agrees that except to the extent that the Discloser is expressly precluded by law from prohibiting Recipient from doing so, Recipient shall not alter, modify, adapt, create derivative works, translate, deface, decompile, disassemble, convert into human readable form, or reverse engineer all, or any part, of any materials to which it is provided access by Discloser.
6. Disclosure Period. This Agreement applies to Confidential Information that is disclosed between the Effective Date and three (3) years thereafter unless such term is (i) sooner; terminated in writing by Discloser upon fifteen (15) days prior written notice, or (ii) extended to the extent this Agreement is incorporated by reference into any other agreement.
7. Confidentiality Period. Recipient’s duties with respect to Confidential Information under this Agreement expire ten (10) years from the date of its disclosure hereunder (except for trade secrets, which shall remain subject to the terms of this Agreement for so long as they constitute trade secrets).
8. Standard of Care. Recipient shall use a reasonable degree of care to prevent the unauthorized use, reproduction or disclosure of the Confidential Information, which care shall not be less than the degree of care that Recipient uses to protect its own confidential information of a similar nature. For clarification, this does not permit Recipient to allow third parties to whom it generally permits access to Recipient’s Confidential Information, access to Discloser’s Confidential Information.
9. Exclusions. Information that Recipient can establish: (a) was lawfully in Recipient’s possession before receipt from Discloser; or (b) is or becomes a matter of public knowledge through no fault of Recipient; or (c) was independently developed or discovered by Recipient before receipt from the Discloser, shall not be considered Confidential Information under this Agreement.
10. Warranty. This Agreement shall not obligate either Party to disclose any Confidential Information with the other Party. ANY INFORMATION EXCHANGED UNDER THIS AGREEMENT IS PROVIDED “AS IS”. Discloser makes no representation, warranty or guarantee whatsoever about the Confidential Information.
11. Rights. The Recipient hereby acknowledges and agrees that it shall not acquire any rights in or to the Confidential Information under this Agreement other than the rights expressly granted in Paragraph 4. In particular, Recipient shall not acquire any ownership right, interest or title in or to the Confidential Information or any intellectual property rights therein or the right to obtain or apply for such rights under this Agreement. Recipient further acknowledges that the Confidential Information has been developed at significant cost and has significant commercial value to Discloser and that knowledge of all or any part of the Confidential Information may constitute a competitive advantage over others not having such knowledge. Recipient agrees that disclosure or inappropriate use of the Confidential Information could cause Discloser irreparable harm. Recipient further agrees therefore that Discloser will have the right to seek, in addition to any of its other rights and remedies, injunctive relief for any violation of this Agreement.
12. No Agency. This Agreement does not create any agency or partnership relationship between the Parties.
13. Entire Agreement/Modifications. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter of this Agreement and cancels and supersedes any prior discussions, correspondence, understandings, agreements, or communication of any nature relating to the subject matter of this Agreement. All additions or modifications to this Agreement must be made in writing and must be signed by both Parties.
14. Assignment. This Agreement may not be assigned by Recipient without Discloser’s express prior written authorization. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the Parties, their successors and assigns.
15. Counterparts. This Agreement may be signed in two or more counterparts each of which together will be deemed to be an original and all of which together will constitute one and the same instrument. Registration on Ganttree and acceptance constitutes signing of this Agreement and transmission by facsimile document transfer will be acceptable and binding upon the Parties hereto.
16. Return of Confidential Information. Upon expiration or termination of this Agreement, or at the Discloser’s request, the Recipient shall promptly return all Confidential Information received from the Discloser (including, without limitation, any summaries of orally disclosed information and all copies thereof in its possession or control and/or in the possession or control of its Employees) or will certify that all Confidential Information received from the Discloser (including, without limitation, any summaries of orally disclosed information and all copies thereof in its possession or control) has been destroyed. For greater certainty, failure of the Discloser to make such request of Recipient shall not entitle Recipient to make any further use of the Confidential Information or otherwise extend Recipient’s rights set forth herein after expiration or termination of this Agreement and Recipient specifically agrees to cease any further use of Discloser’s Confidential Information.
17. Severability. If a court of competent jurisdiction declares any provision in this Agreement invalid or unenforceable, such invalidity or unenforceability shall have no effect on the remainder of the Agreement which shall remain in full force.
18. Governing Law. This Agreement shall be governed by and construed under the laws of the Province of Alberta, Canada. Each Party hereto irrevocably waives any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consents to service of process by mail or in any other manner permitted by applicable law and consents to the jurisdiction of the courts of the Province of Alberta.
PRIVACY POLICY AGREEMENT
This Ganttree Privacy Policy Agreement (“Privacy Policy”), is as part of, inclusive (the “Terms of Use”) together effective the date of your registration with, or, on the App (the, “Effective Date”). This Privacy Policy is used to inform website visitors regarding our policies with the collection, use, and disclosure of Personal Information for users willing to try our App and Service. Ganttree operates the website: www.ganttree.ca, which provides for the App and Service. As such; participation, access to, use of, or connect with, requires a person to register.
Our Commitment: We are committed to personal privacy, ethical code of conduct, systems of best practice, herein; our Privacy Policy. We strive to maintain the accuracy, confidentiality, and security of your personally identifiable information, herein (the "Personal Information"). Our Privacy Policy as set by the Government of Canada; Code for the Protection of Personal Information (an Act that supports and promotes electronic commerce by protecting personal information that is collected...), governs our actions as they relate to the collection, use, and disclosure of Personal Information.
Please visit Government of Canada Justice Law Website at: https://laws-lois.justice.gc.ca/eng/acts/p-8.6/FullText.html for; Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5)
Introduction: We are responsible for maintaining and protecting Personal Information collected and under our control. Along with measures for website encryption we have designated an individual or individuals who is/are responsible for; the compliance, code of conduct, and oversight of our Privacy Policy.
Identifying Purposes: We collect, use, and disclose Personal Information to provide you with the Product or Service you have requested and to offer you additional products and services we believe you might be interested in. The purposes for which we collect Personal Information will be identified before or at the time we collect the information. In certain circumstances, the purposes for which information is collected may be clear, and consent may be implied, such as where your name, address and payment information is provided as part of the order process.
Limiting Collection: The Personal Information collected will be limited to those details necessary for the purposes identified by us. With your consent, we may collect Personal Information from you in person, over the telephone, or by corresponding with you via email. If you choose to use our App and Service, then you agree to the collection, use and disclosure of information in relation with this policy. All the Personal Information that we collect are for, used for, providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy. The terms used in this Privacy Policy have the same meanings as in our Terms of Use, which is accessible at www.ganttree.ca, unless otherwise defined in this Privacy Policy.
Optional on Registration
Why is it needed? Personal Information is to identify you while using the site, App and Service, and to provide your contact information to those associations that are relevant with, or to you.
How does it work? On registration you create a personal profile, that is private to you and you manage it. It only shares contact information that is mandatory, and all other optional information you choose to provide. Optional information lives in your profile, however only there until you choose it for share - if you check it off (the adjacent box next to it) on your profile it then shares to active associations. Sharing is only to, or for, those who have an association (i.e. Employer, Building connection).
Employer’s Association: the Ganttree App and Service are enhanced, expanding by way of Building Profiles with respective employer associations, here having similar requirements more participants are added. Your association is not automatic and between you and them for advance association, same is true for, however not limited to; Vendors and or Tenants alike.
System Continuity: In absence of Employer and for continuity Ganttree represents, and mages the advanced setup and associations, connections to, setups, provides for system continuity. Setup, access and use of any and all possible geographical locations, this includes; all addressing and the naming conventions, for any and all Place, Object, or Structure being referenced for a representative purpose. Place, Object and Structure may include buildings and or infrastructure known to general public both for location and naming convention, however, naming for trueness and accuracy is not always accurate, and users should know and understand it is their responsibility to verify and confirm all content and associations, preference is true and accurate however, at times unique, fictional, and or naming that is special to end users may prevail such as “AKA Naming” this is considered satisfactory, acceptable and, or used for system continuity.
Intended Use of Personal Information: Together people are connected to facilities, this App provides those tasked with oversight responsibility more insight as to who is on-sight, what they are doing, and how to contact them if needed. This is more situational awareness for all people involved so they know of the activity happening on-sight and around them on a daily basis - regardless if directly or indirectly involved. All profiles share only what is a mandatory registered field such as: First Name, Phone #, and Email – if the Employer is associated, connected to, then a picture is shared, and with any other selected item from their profile they want to add and share. Sharing is limited to Facility Management (this may be groups and or individuals) and including 3rd party or external groups (organizations associated to facilities, and or buildings): governing bodies, (health and safety, emergency response management, projects, or alike).
Information and Communication Intent: We will make information available to you about our policies and practices with respect to the management of your Personal Information. Personal Information is used to make connections, to connect-you-to-facilities (with other associated persons of interest such as co-workers, or who have an interest in you such as Employers and or associated Business owners).
Access to Personal Information: Clients or Members may request information not available or accessible to them online through their profile; for existence, clarification and verification. Use, and disclosure of all the Personal Information on file is subject to security questioning and verifications before any information will be given. You may verify, correct for accuracy, completeness, edit, update, and or delete.
However, in certain circumstances permitted by law, we will not disclose certain information to you. For example, we may not disclose information relating to you if other individuals are referenced or if there are legal, security or commercial proprietary restrictions.
Remove Connections or Information:
Log Data: We want to inform you that whenever you visit our App and Service, we collect information that your browser sends to us that is called Log Data. This Log Data may include information such as; your computer's Internet Protocol (“IP”) address, browser version, pages of our App and Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics.
Ganttree Cookies: Our website uses these cookies, however only do so for user log-in; our cookies are used to identify you for accurate engagement throughout the site while visiting, your information (profile and account) is used for site operation, connectivity, continuity, continued improvement, functionality, and overall delivery of our App and Service. Our cookies are session based cookies that are removed, and or, deleted after each session.
Right of, or, for refusal: You have the option to either accept or refuse our cookies, and to know when a cookie is being sent to your computer, refusal our cookies will not prevent, stop, or block you from our site, however you may not be able to, access, or use some portions of our App and Service.
We want to inform our App and Service users that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
Security and Secure Protocol: We value your trust in providing us your Personal Information, to protect information our website uses SSL Certificates. Common and commercially acceptable means of protecting information. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
What is SSL Certificate? SSL Certificates are small data files digitally binding a cryptographic key to the company or organization’s details thus authenticating the website and providing encryption for transmitting data. When installed on a web server, it activates the padlock symbol and or, (the “https” protocol) providing for, or allows for a secure connection from a web server to a browser.
Links to Other Sites: Our App and Service may contain links to other sites. If you click on a third-party link, you will be directed to that site, leave our site and our Privacy Policy will no longer apply. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
Youth and or Minors: Our App and Service is intended for Adults, everyone on Ganttree must be 18 and older. Ganttree does not support or address anyone under the age of 18. We do not knowingly collect personal identifiable information from children under the age of 18. Ganttree will hold or freeze any user account or profile where age legitimacy is questionable until proven otherwise, and or close should it be determined, or warranted). In such case we discover that a youth, minor or child under 18 has provided us with personal information, we immediately delete this information and profile from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.
Edward Lavelle
Operations / Systems Specialist
elavelle@ganttree.ca
Acknowledgement and Understanding of Terms of Use
Acceptance of the Terms of Use: These Terms of Use for the APP constitute a legal agreement and are entered into by and between you and Ganttree. These Terms of Use govern your access to and use, including any content, functionality, and services made available through the APP or by Ganttree. By clicking the checkbox below you are acknowledging full receipt and understanding for, or of the Terms of Use, that you are fully informed, accepting, and willing to comply with the Terms of Use for the APP.
BY REGISTERING, ACCESSING, OR OTHERWISE USING THE APP, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THE TERMS OF USE AND OUR NON-DISCLOSURE AND PRIVACY POLICY, ALL THREE FOUND INCLUSIVE AT WWW.GANTTREE.CA. IN THE FOOTER. IF YOU DO NOT AGREE TO THESE TERMS OF USE, NON-DISCLOSURE AND OR PRIVACY POLICY, YOU MUST NOT REGISTER, ACCESS, OR USE THE APP.
BY CLICKING THE CHECK BOX YOU ACCEPT AND AGREE
I have read, understand, and accept herein the Terms of Use Agreement and know it is my responsibility to revisit the Terms of Use Agreement (inclusively the Non-disclosure and Privacy Policy) from time to time so as to stay current with it and the changes made.