1. Use of Site
2. Trademark and Copyright
The Association for Cultural Enterprises, Trading for Culture and certain other brands, trademarks, and service marks are marks of The Association for Cultural Enterprises and its affiliates. The Materials on this Site are copyrighted, and any unauthorized use of any Materials on this Site may violate copyright, trademark, and other laws.
Links to external websites are provided solely as a convenience to you. The Association for Cultural Enterprises has not reviewed all of these external websites, does not control and is not responsible for any of these sites or their content. If you decide to access any of the external websites linked to this Site, you do so entirely at your own risk.
4. No Warranty
The Materials provided at this site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. The Association for Cultural Enterprises further does not warrant the accuracy and completeness of the Materials at this Site. The Association for Cultural Enterprises may make changes to the Materials at this Site, or to the services and prices described in them, at any time without notice. The Materials at this Site may be out of date, and The Association for Cultural Enterprises makes no commitment to update the Materials at this Site.
5. Limitation of Liability
In no event will The Association for Cultural Enterprises, its suppliers, or other third parties mentioned at this Site be liable for any damages whatsoever (including, without limitation, those resulting from lower test scores, interruption of services or inaccurate information) arising out of the use, inability to use, or the results of the use of this Site, any websites liked to this Site, or the Materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the Materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
6. Effective Date and Updates
The Terms are effective as of January 7th 2019 and are subject to change without notice by The Association for Cultural Enterprises at any time. Please check for changes regularly. Your use of this Site after such changes constitutes your agreement to such changes.
The Cultural Enterprises Academy is hosted by Thinkific.
(a) “Data Protection Legislation” refers to European Directives 95/46/EC and 2002/58/EC, and any legislation and/or regulation implementing or made pursuant to them, or which amends or replaces any of them (including the General Data Protection Regulation, Regulation (EU) 2016/679);
(b) “Data Processor”, “Data Subject”, “Processor”, “Processing”, “Subprocessor”, and “Supervisory Authority” shall be interpreted in accordance with applicable Data Protection Legislation;
(c) “Personal Data” as used in this Addendum means information relating to an identifiable or identified Data Subject who visits or engages with or participates in your online course or site (a “Learner”), which Thinkific Processes as a Data Processor in the course of providing you with the Services. Notwithstanding the foregoing sentence, Personal Data does not include information that Thinkific processes in the context of services that it provides directly to a consumer, and
(d) All other capitalized terms in this Addendum shall have the same definition as in the Agreement.
2. Data Protection
2.1.Where a Data Subject is located in the European Economic Area, that Data Subject’s Personal Data will be processed by Thinkific based in Canada. As part of providing the Services, this Personal Data may be transferred to other regions, including to Canada and the United States. Such transfers will be completed in compliance with relevant Data Protection Legislation.
2.2. When Thinkific Processes Personal Data in the course of providing the Services, Thinkific will:
- 2.2.1. Process the Personal Data as a Data Processor, only for the purpose of providing the Services in accordance with documented instructions from you (provided that such instructions are commensurate with the functionalities of the Services), and as may subsequently be agreed to by you. If Thinkific is required by law to Process the Personal Data for any other purpose, Thinkific will provide you with prior notice of this requirement, unless Thinkific is prohibited by law from providing such notice;
- 2.2.2. notify you if, in Thinkific’s opinion, your instruction for the processing of Personal Data infringes applicable Data Protection Legislation;
- 2.2.3. notify you promptly, to the extent permitted by law, upon receiving an inquiry or complaint from a Data Subject or Supervisory Authority relating to Thinkific’s Processing of the Personal Data;
- 2.2.4. implement and maintain appropriate technical and organizational measures to protect the Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damage or theft of Personal Data and appropriate to the nature of the Personal Data which is to be protected;
- 2.2.5. notify you promptly upon becoming aware of and confirming any accidental, unauthorized, or unlawful processing of, disclosure of, or access to the Personal Data;
- 2.2.6. ensure that its personnel who access the Personal Data are subject to confidentiality obligations that restrict their ability to disclose the Customer Personal Data; and
- 2.2.7. upon termination of the Agreement, Thinkific will promptly initiate its purge process to delete or anonymize the Personal Data. If you request a copy of such Personal Data within 60 days of termination, Thinkific will provide you with a copy of such Personal Data.
2.3 In the course of providing the Services, you acknowledge and agree that Thinkific may use Subprocessors to Process the Personal Data. Thinkific’s use of any specific Subprocessor to process the Personal Data must be in compliance with Data Protection Legislation and must be governed by a contract between Thinkific and Subprocessor.
3.1 In the event of any conflict or inconsistency between the provisions of the Agreement and this Addendum, the provisions of this Addendum shall prevail. For avoidance of doubt and to the extent allowed by applicable law, any and all liability under this Addendum, including limitations thereof, will be governed by the relevant provisions of the Agreement. You acknowledge and agree that Thinkific may amend this Addendum from time to time by posting the relevant amended and restated Addendum on Thinkific’s website (https://www.thinkific.com/resources/dpa/), and such amendments to the Addendum are effective as of the date of posting. Your continued use of the Services after the amended Addendum is posted to Thinkific’s website constitutes your agreement to, and acceptance of, the amended Addendum. If you do not agree to any changes to the Addendum, do not continue to use the Service.
3.2 Save as specifically modified and amended in this Addendum, all of the terms, provisions and requirements contained in the Agreement shall remain in full force and effect and govern this Addendum. If any provision of the Addendum is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Addendum shall remain operative and binding on the parties.
3.3 The terms of this Addendum shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of British Columbia with respect to any dispute or claim arising out of or in connection with this Addendum.