© pfm Studios Inc. - updated: February 9, 2019

1. Terms of Service

1.1 Terms

    By accessing Services provided by pfmStudios Inc., you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
    Defined Terminology: The following will have the meanings indicated below. Please refer to our End User License Agreement (EULA) for further details.
  1. “End User” means any individual who interacts with pfmStudios Software or Services, including users of our mobile applications, and individuals who book appointments, purchase services and otherwise interact with our Subscribers through the Services.
  2. “Other Information” is any information that does not reveal your specific identity or does not directly relate to an individual, such as App usage data.
  3. “Personal Information” is information that identifies you as an individual or relates to an identifiable person, such as name, postal address, telephone number, email address, and social media account ID. It does not include strings of code such as browser cookie IDs.
  4. “Subscriber” is any business or entity that subscribes to (or otherwise accesses or uses) our Software Service.
  5. “Our” or “Us” or “We” is the reference to pfmStudios Inc.
  6. Sometimes, we use the term “information” in this Policy, which may refer to either Personal Information or Other Information.

1.2 Use License

    If Applicable, permission is granted to temporarily download one copy of materials (information or software) from the pfmSTudios web site for use. This is the grant of a license, not a transfer of title, and under this license you may not:
  1. Modify or copy the materials;
  2. Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. Attempt to decompile or reverse engineer any software contained on the pfmStudios web site;
  4. Remove any copyright or other proprietary notations from the materials; or
  5. Transfer the materials to another person or "mirror" the material or data on any other server.
    6. This license shall automatically terminate if you violate any of these restrictions and may be terminated by pfmStudios at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

1.3 Disclaimer

    The materials on the pfmStudios web site are provided "as is". pfmStudios makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, pfmStudios does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

1.4 Limitations

    In no event shall pfmStudios or its service providers and/or suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the pfmStudios web site, even if pfmStudios or a pfmStudios authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

1.5 Payment

  1. You agree to pay all Subscription fees pfmStudios charges you for the Services when you Register.
  2. You agree to pay all foreign, Commonwealth, Provincial and Local Government, taxes applicable to your access, use or receipt of the Service, these will always be disclosed to you clearly in advance.
  3. If pfmStudios Inc. are required to collect overdue fees from you, you agree to pay all reasonable costs (including legal fees), if any, incurred by pfmStudios in collecting those overdue fees from you, and to pay a late charge on any overdue fees at our bank’s business cheque account overdraft rates.
  4. If a you fail to pay your fees for Services by any Expiry or Due date, pfmStudios reserves the right to suspend or restrict access to Services that belong to the unpaid Account Subscription.
  5. You accept that when an Account Subscription is suspended, all users of the affected Services will not be able to use all features of the subscribed Services. Full access will be restored upon receipt of all accumulated unpaid Subscription fees.
  6. You accept that any voucher, coupon, discount or any other offer used by to pay for a Subscription in lieu of payment can only be used once.
  7. Where there isn’t an expiry identified on a voucher, coupon, discount or any other offer it is valid for only 30 days from the date of the offer or notice date.

1.6 Revisions and Errata

    The materials appearing on the pfmStudios web site could include technical, typographical, or photographic errors. pfmStudios does not warrant that any of the materials on its web site are accurate, complete, or current. pfmStudios may make changes to the materials contained on its web site at any time without notice. pfmStudios does not, however, make any commitment to update the materials.

1.7 Links

    pfmStudios Inc. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by pfmStudios Inc. of the site. Use of any such linked web site is at the user's own risk.

1.8 Site Terms of Use Modifications

    pfmStudios may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

1.9 Governing Law

    Any claim relating to the pfmStudios web site shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions.

2. Privacy

At pfmStudios Inc. and our affiliates (herein “PFM”), we respect your privacy and are committed to maintaining your trust. This Policy describes practices in connection with information that is collected in accordance with PIPEDA & GDPR compliance.

2.1 How can information be collected?

  1. Via the b2b-facing mobile application (“PFM App”),
  2. Via the business management software (“PFM Service”),
  3. Through the online booking module via social media pages or websites,
  4. HTML-formatted email messages that we send to you and your clients,
  5. and any other PFM products and services offered through any other venues, websites and mobile applications that direct you to this Policy
  6. Collectively the “PFM Services”.

2.2 What information can be collected?

Catagories of Personal Information we collect or obtain includes:
  1. Contact details (e.g., name, address, email, telephone numbers),
  2. Personal details (e.g., date of birth, special needs information if applicable),
  3. Transaction data (e.g., purchase history of services and products, account information, giftcard information, etc.), and
  4. Other PFM Services related data (e.g., appointment and customer notes, statistics, etc.).

2.3 Mechanisms in place to ensure your security.

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy:
  1. Before or at the time of collecting personal information, we will identify the purposes for which information is being collected;
  2. We encrypt transactions on pfmStudios.ca using GoDaddy.com 256bit SSL encryption against loss or theft, as well as unauthorized access, disclosure, copying, use or modification;
  3. pfmStudios Inc. is a verified Authorize.Net Merchant. Credit Card information is collected in compliance with PCI SAQ-A standards using Authorize.Net mechanisms and is NOT available in any form to pfmStudios Inc.
  4. We will collect and use personal information (i.e. name, address, email) solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law;
  5. We will only retain personal information as long as necessary for the fulfillment of those purposes;
  6. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned;
  7. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date;
  8. We will make readily available to customers information about our policies and practices relating to the management of personal information;
  9. All data collected for the purpose of using this product including (but not limited to) client name, address, email will not be released or sold to any third parties and will be used only within the system by the authorized account holder and their assigned users.
  10. You accept responsibility for maintaining confidentiality of any password and other access information used by you;
  11. You acknowledge that the Internet is an open system and pfmStudios cannot and does not warrant or guarantee that third parties cannot intercept your information;
  12. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

2.4 Your Rights

    Not withstanding the requirement of information and data to perform the basic functions within all PFM Services, the following rights are available to be exercised.
  1. 2.4.1 - As a data subject, you have the following rights under the PIPEDA & GDPR, which this Policy and Our use of personal data have been designed to uphold:
  2. 2.4.2 - The right to be informed about Our collection and use of personal data;
  3. 2.4.3 - The right of access to the personal data We hold about you (see section 2.5);
  4. 2.4.4 - The right to rectification if any personal data We hold about you is inaccurate or incomplete (please contact Us using the details in section 4);
  5. 2.4.5 - The right to be forgotten – i.e. the right to ask Us to delete any personal data We hold about you (We may only hold your personal data for a limited time, but if you would like Us to delete it sooner, please contact Us using the details in section 4);
  6. 2.4.6 - The right to restrict (i.e. prevent) the processing of your personal data;
  7. 2.4.7 - The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);
  8. 2.4.8 - The right to object to Us using your personal data for particular purposes; and
  9. 2.4.9 - Rights with respect to automated decision making and profiling.
  10. 2.4.10 - If you have any cause for complaint about Our use of your personal data, please contact Us using the details provided in section 4 and We will do Our best to solve the problem for you. If We are unable to help, you also have the right to lodge a complaint with the Office of the Privacy Commissioner of Canada (OPC).
  11. 2.4.11 - For further information about your rights, please contact the Office of the OPC or your local Citizens Advice Bureau.

2.5 How Can You Access Your Data?

    You have the right to ask for a copy of any of your personal data held by Us (where such data is held). Under PIPEDA & GDPR, no fee is payable, and We will provide any and all information in response to your request free of charge. Please contact Us for more details.

2.6 Cookie Policy

    The pfmStudios website uses cookies. You can deactivate or block cookies either by changing the settings within your Browser.
About cookies
    Cookies are files, often including unique identifiers, that are sent by web servers to web browsers, and which may then be sent back to the server each time the browser requests a page from the server. 
    Cookies can be used by web servers to identity and track users as they navigate different pages on a website, and to identify users returning to a website.
    Cookies may be either "persistent" cookies or "session" cookies. A persistent cookie consists of a text file sent by a web server to a web browser, which will be stored by the browser and will remain valid until its set expiry date (unless deleted by the user before the expiry date). A session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed. 
Cookies on the pfmStudios website
    We use both session cookies and persistent cookies on the pfmSTudios website. 
How we use cookies
    Cookies do not contain any information that personally identifies you, but personal information that we store about you may be linked, by us, to the information stored in and obtained from cookies. The cookies used on the website include those which are strictly necessary cookies for access and navigation, cookies that track usage (performance cookies), and remember your choices (functionality cookies).
    We may use the information we obtain from your use of our cookies for the following purposes:
  1. to recognise your computer when you visit the pfmSTudios website
  2. to track you as you navigate the pfmStudios website, and to enable the use of any e-commerce facilities
  3. to improve the pfmStudios website's usability
  4. to analyse the use of the pfmStudios website
  5. in the administration of the pfmStudios website

2.7 Third Party Vendors.

    The following is a list of current third party vendors, as of the published date, that may directly or indirectly collect information from you as a Subscriber to PFM Services. Please review the relevant privacy policies (links current as of the date of publication of this Privacy Policy) for further information on how each third party handles your Personal Information:
Third Party Name Privacy Policy/Notice Link
Amazon Web Services https://aws.amazon.com/privacy/
Authorize.Net https://www.authorize.net/company/privacy/
Elavon https://www.elavon.ca/resources/privacy-pledge
Google Analytics https://policies.google.com/privacy
Microsoft https://privacy.microsoft.com/en-us/privacystatement
Sendgrid https://sendgrid.com/policies/privacy/
Slack https://slack.com/privacy-policy
Twilio https://www.twilio.com/legal/privacy

3. Refunds and Cancellation

    This Policy was created in order for you to understand how refunds and cancellation of PFM Services and provisions are handled. The following outlines the Policy:
  1. You accept that we only have to refund the credit card on file (through our third party payment merchant vendor) used to pay for services we received the original payment from.
  2. You accept that the refund amount may be prorated to the current month usage of PFM services and provisions
  3. You accept that refunds may take 10 days to process once approved by pfmStudios.
  4. You agree to allow us to deduct fees and charges by banks and credit card companies from the refunded amount.
  5. We recommend contacting us for assistance if you experience any issues receiving or downloading our products.
  6. If you have any questions about our refunds and cancellation policy, please contact sales@pfmstudios.ca
We value our clients and their business and will uphold that committment in a fair and open dialog to ensure business continuity.

4. How to Contact Us

If you have any questions regarding this Policy you may contact support@pfmstudios.ca