Last Updated On: October 7, 2024
This Privacy Policy (hereinafter referred to as the “Policy”) is hereby established, implemented, and enforced by Toby Bartlett (hereinafter referred to as the “Company,” “we,” “us,” or “our”) pursuant to, and in compliance with, all applicable local, national, international, and supranational laws, statutes, regulations, directives, guidelines, or any other legally binding enactments related to the collection, processing, retention, usage, disclosure, or transfer of data and information. This Policy elucidates, in exhaustive detail, the modalities, mechanisms, methodologies, and principles by which the Company collects, processes, retains, uses, discloses, transfers, and in any other manner handles personally identifiable information (hereinafter referred to as “Personal Data”), non-personally identifiable information, biometric data, artificial intelligence-derived data points, genetic data, and other categories of data (collectively referred to as “User Data”), from individuals, entities, or any other legal or natural persons (hereinafter referred to as “User,” “you,” or “your”) accessing, utilizing, or otherwise interacting with the website located at tobybartlett.ca (hereinafter referred to as the “Website”).
By accessing, utilizing, or interacting with the Website, Users hereby provide their full, unqualified, and irrevocable consent to the collection, processing, usage, retention, and disclosure of User Data in accordance with this Policy. The Company reserves the unilateral, irrevocable, and discretionary right to modify, amend, update, revise, or otherwise alter this Policy at any time, and such alterations shall become immediately effective upon posting to the Website. Users acknowledge that it is their sole responsibility to review this Policy regularly, and continued usage of the Website shall constitute their acceptance of any changes.
1. SCOPE AND APPLICABILITY OF THE POLICY
1.1. General Scope and Applicability
The provisions contained within this Policy shall apply universally and comprehensively to any and all interactions, engagements, communications, transactions, or exchanges, whether direct or indirect, between the User and the Website. For the purposes of clarity, the term “User Data,” as utilized in this Policy, shall be interpreted in the broadest possible sense and shall include, without limitation, any and all categories of Personal Data, behavioral data, transactional data, technical data, metadata, biometric data, AI-enhanced data, biological data, genetic data, and any and all other forms of identifiable or anonymized data collected from or about the User.
1.1.1. Definition of Interactions
For the purposes of this Policy, “interactions” shall encompass, but not be limited to, the following:
Active engagement by the User with any aspect of the Website, including account registration, content submission, and purchasing.
Passive engagement through automated data collection technologies, as described in subsequent sections.
Indirect engagement through third-party platforms, services, or applications associated with the Website.
Telephonic and Voicemail Communications (as expanded below), encompassing phone calls and messages left by the User, which may be recorded and retained for indefinite use by the Company.
Email Communications (as expanded below), including all content, metadata, and attachments transmitted to the Company via email.
Video Conference and Video Call Communications (as expanded below), covering all forms of video communications initiated by the User.
Social Media Interactions (as expanded below), incorporating User engagement with the Company’s social media platforms, publicly available content, and tracking of behavior on third-party sites linked to from the Website.
2. DATA COLLECTION, USAGE, AND PROCESSING
2.1. Mechanisms of Data Collection
The Company employs a comprehensive array of mechanisms and methodologies for collecting User Data. These methods include, but are not limited to, direct submissions from Users, automated collection technologies, AI-powered systems, and third-party data sources. The Company retains full discretion to modify, expand, or update these data collection mechanisms as necessary.
2.1.1. Direct User Submissions
User Data may be collected directly from Users when they voluntarily provide such data through forms, inquiries, account registrations, purchases, communications, or other interactions with the Website. Users acknowledge and accept that all data voluntarily submitted is subject to indefinite retention, processing, and use by the Company, including for purposes that may not have been initially disclosed at the time of collection.
2.1.2. Telephonic and Voicemail Communications
In the event that the User contacts the Company via telephonic means, whether through direct voice calls, VoIP services, or any other telecommunication methods, the User hereby consents to the collection, recording, storage, and indefinite retention of all telephonic communications. This includes, but is not limited to, call metadata, audio recordings, caller identification information, timestamps, and any content contained within voicemail messages left for the Company.
2.1.2.1. Recording of Telephonic Communications
The User acknowledges and consents to the recording of all telephonic communications initiated with the Company. Such recordings shall be retained indefinitely and may be subjected to analysis, monitoring, and processing for purposes including, but not limited to, quality assurance, operational improvements, legal compliance, dispute resolution, and security monitoring. The Company shall not be required to provide prior notice of any recording activity, and the User’s continuation of the communication shall constitute express and irrevocable consent.
2.1.2.2. Voicemail Data Collection
All voicemail messages left for the Company, including but not limited to the content of the message, caller identification, and any attached metadata, shall be retained indefinitely. The Company reserves the right to utilize such data for any lawful purpose, including but not limited to customer service improvements, operational audits, legal defenses, and investigative purposes.
2.1.2.3. Indemnification for Telephonic Data Collection
The User hereby agrees to indemnify and hold harmless the Company, its affiliates, employees, officers, and agents from any and all claims, damages, liabilities, or legal actions arising from the collection, retention, or usage of telephonic communications, including voicemail messages and related metadata.
2.1.3. Video Conference and Video Call Communications
In the event that Users engage with the Company through video conferencing platforms or video calls, including but not limited to services such as Zoom, Microsoft Teams, Google Meet, or any other video communication tools, the User hereby acknowledges, consents to, and agrees that the Company may collect, store, analyze, and retain any and all data transmitted during such video communications.
2.1.3.1. Video and Audio Recordings
The Company reserves the right, at its sole discretion and without prior notice, to record, capture, and store both video and audio content from all video calls. By engaging in video communications with the Company, Users provide their express and irrevocable consent to such recording. These recordings may be retained indefinitely and utilized for any lawful purpose, including, but not limited to, operational improvements, employee training, legal compliance, dispute resolution, and security monitoring.
2.1.3.2. Screen Sharing, Files, and Metadata
Any files, presentations, or other content shared during the course of video communications, including screen shares, shall be treated as data subject to collection and retention under this Policy. Additionally, metadata associated with video communications, including the date, time, duration, participants, and any technical identifiers, shall be collected and retained indefinitely by the Company.
2.1.3.3. Facial Recognition and Biometric Data
In the course of video communications, the Company reserves the right to utilize facial recognition technology or other biometric data collection methods to analyze facial expressions, gestures, and other identifiable features of the User. Such biometric data may be collected, processed, and retained for an indefinite period and may be used for any business or operational purposes, including, but not limited to, security, AI training, behavioral analysis, and marketing strategy development.
2.1.3.4. Indemnification for Video Communications
The User hereby agrees to indemnify and hold harmless the Company, its affiliates, employees, officers, and agents from any and all claims, damages, liabilities, or legal actions arising from the collection, retention, or usage of video call recordings, screen shares, biometric data, and related metadata.
2.1.4. Social Media Interactions and Publicly Available Information
The Company, by virtue of its legitimate business practices, reserves the unrestricted right to collect, monitor, analyze, and process any and all data resulting from interactions between the User and the Company’s social media platforms, including but not limited to LinkedIn, Facebook, Twitter, Instagram, YouTube, TikTok, and any other current or future social media platforms utilized by the Company. The User acknowledges that such interactions may include, but are not limited to, clicks, likes, comments, shares, reposts, and direct communications, all of which shall be collected and retained in accordance with this Policy.
2.1.4.1. Collection of Publicly Available Social Media Data
The Company reserves the right to collect, aggregate, and analyze data from publicly available profiles, posts, and other interactions from social media platforms. This may include, without limitation, the User’s username, publicly visible profile information, posts, interactions with third parties, and any other publicly available content. By continuing to engage with the Company through social media platforms or by following links provided on the Website, the User acknowledges and consents to such collection and processing of their social media data.
2.1.4.2. Tracking of Social Media Engagement
The Company may deploy tracking mechanisms, including but not limited to cookies, pixel tags, social media APIs, and other tracking technologies, to monitor the User’s activity and engagement with its social media pages. This tracking may occur both within the social media platform and during subsequent navigation across the User’s browsing sessions. The User expressly consents to the collection of engagement metrics, including likes, shares, comments, and any other interaction with the Company’s social media content, for the purposes of behavioral analysis, marketing strategy optimization, and business intelligence.
2.1.4.3. Use of Data from Social Media Platforms
The Company reserves the right to use, store, and process any and all data collected from social media interactions for any commercial, operational, or strategic purposes deemed necessary by the Company. This may include, but is not limited to, targeted advertising, customer profiling, market research, or the development of predictive models using artificial intelligence and machine learning algorithms.
2.1.5. Biometric, Biological, and Genetic Data Collection
The Company reserves the right to collect, store, and process biometric data, including but not limited to fingerprints, voiceprints, facial recognition data, retina and iris scans, and other forms of biological identification markers.
2.1.5.1. Biometric Data Collection Technologies
The Company may utilize AI-driven systems, advanced sensor technology, and other biometric recognition tools to collect and analyze biometric data. Users consent to the collection and processing of their biometric data by continuing to engage with the Website.
2.1.6. Device Fingerprinting and Sensory Data Collection
The Company may utilize device fingerprinting techniques, including but not limited to the collection of unique device identifiers, browser configurations, network settings, and other technical markers, to track and identify User devices across sessions.
2.1.6.1. Consent to Device Fingerprinting
By using the Website, the User consents to the collection of device fingerprinting data and acknowledges that attempts to circumvent such collection may impair the functionality of the Website.
2.1.6.2. Sensory Data Collection
The Company reserves the right to collect and analyze sensory data, including voice recordings, video streams, haptic feedback, and other forms of sensory input from connected devices.
2.1.6.3. AI-Driven Sensory Analysis
The Company may utilize AI systems to process sensory data for product development, behavioral analysis, and security purposes.
3. IRREVOCABLE DATA CONSENT AND NON-REVOCABILITY
3.1. Irrevocability of Consent
By continuing to use the Website, the User provides an unqualified, irrevocable, and perpetual consent to the collection, processing, and retention of their User Data. This consent cannot be rescinded or withdrawn, regardless of changes in circumstances.
3.2. No Right to Request Data Removal
The User acknowledges that they have no legal or contractual right to request the removal, deletion, or erasure of their data from the Company’s records. The Company retains sole discretion in determining whether any such requests shall be honored.
3.2.1. Company’s Sole Discretion Over Data Deletion
The User agrees that any deletion of User Data is at the sole discretion of the Company, and the Company is under no obligation to delete data upon the User’s request.
4. UNSUBSCRIBING AND DATA CONTROL LIMITATIONS
4.1. No Right to Opt-Out
The User acknowledges and agrees that they have no right to opt out or unsubscribe from the Company’s data collection practices. All attempts to disable or avoid data collection technologies are explicitly prohibited and may result in limitations to the Website’s functionality.
4.1.1. Consequences of Opt-Out Attempts
Any User attempting to circumvent data collection mechanisms may experience impaired Website functionality, for which the Company disclaims any liability.
4.2. Limited Control Over Data
The Company offers no guarantees or assurances regarding the User’s ability to manage, modify, or control the collection of their data. Any functionality provided for User data management is subject to change or removal at the Company’s discretion.
5. SURVEILLANCE AND MONITORING OF USER ACTIVITY
5.1. Continuous Monitoring
The Company reserves the right to monitor and surveil User activity on the Website continuously. Monitoring may include logging interactions, communications, browsing patterns, and engagement behaviors.
5.1.1. Consent to Surveillance and Monitoring
By accessing the Website, the User consents to real-time surveillance, monitoring, and logging of their activity. The User further acknowledges that such monitoring is a condition of using the Website.
5.2. Use of Monitoring Data
All data collected through surveillance shall be deemed User Data and shall be subject to the terms of this Policy. The Company may use, retain, and disclose such data for security, legal compliance, and commercial purposes.
6. CONSENT TO THIRD-PARTY DATA SHARING
6.1. Automatic Sharing with Affiliates and Partners
By engaging with the Website, the User consents to the automatic sharing of all collected data with the Company’s affiliates, subsidiaries, parent companies, and other corporate entities directly or indirectly associated with the Company.
6.1.1. Processing by Third Parties
The Company’s affiliates and commercial partners may process User Data in accordance with their internal policies, and Users agree that such data may be shared without prior notice.
6.2. Commercial Data Transactions
The Company reserves the right to engage in commercial transactions involving User Data, including but not limited to selling, licensing, or transferring data to third parties for purposes of research, market analysis, and product development.
7. USER RESPONSIBILITY FOR THIRD-PARTY DATA SHARING
7.1. Responsibility for Third-Party Data
Users are responsible for ensuring that any third-party data (e.g., email addresses, contact information, or other identifiers) they submit to the Website has been lawfully obtained and that they have the authority to share such data with the Company. The Company disclaims any liability for third-party claims arising from the unauthorized sharing of third-party data by Users.
8. LIMITATIONS OF LIABILITY
8.1. General Limitation of Liability
To the maximum extent allowable under applicable statutory, regulatory, or common law, the Company, its affiliates, officers, directors, employees, agents, licensors, service providers, and any other associated entities hereby disclaim any and all liability, whether arising in contract, tort, equity, statute, or otherwise, for any direct, indirect, incidental, special, punitive, or consequential damages, including, without limitation, damages for loss of data, revenue, business opportunities, profits, goodwill, reputational harm, or any other conceivable type of harm, injury, or loss, whether foreseeable or unforeseeable, arising out of or in connection with the use, inability to use, or reliance on the Website, its functionalities, or any related services. The User acknowledges and agrees that the Company’s liability, if any, shall be strictly limited to the amount, if any, paid by the User for the use of the Website during the twelve (12) months preceding the event giving rise to the claim, and no further claims shall be entertained.
8.1.1. Exclusion of Indirect Damages
The Company shall not be liable for any indirect, incidental, punitive, or consequential damages, including damages for loss of data or business interruption.
9. PROHIBITION ON CLASS ACTIONS
9.1. Waiver of Class Action Rights
By agreeing to the terms of this Policy, Users unequivocally and irrevocably waive their right to participate in any class action lawsuit or collective legal action against the Company. All disputes must be resolved on an individual basis, and no User shall have the right to join or consolidate claims with other Users.
10. BINDING ARBITRATION
10.1. Mandatory Arbitration
Any disputes, claims, controversies, or causes of action, whether in law or equity, arising from, related to, or in connection with this Policy, the User’s engagement with the Website, or the relationship between the User and the Company, including but not limited to matters concerning the collection, processing, or use of User Data, shall be resolved exclusively through final and binding arbitration administered by an arbitration body or entity selected solely by the Company, in accordance with the arbitral rules and procedures then in effect. Such arbitration shall be conducted at a location designated by the Company, and the parties expressly waive any right to participate in a class action, collective action, or any other form of consolidated or representative proceeding, including any entitlement to trial by jury, to the fullest extent permitted by law.
10.1.1. Location and Fees for Arbitration
The arbitration shall take place in a location of the Company’s choosing, and the User agrees to bear their own costs, including legal fees. The Company reserves the right to require Users to reimburse it for arbitration fees.
11. TERMINATION OF ACCESS AND ACCOUNT SUSPENSION
11.1. Termination of Access
The Company reserves the unilateral right to terminate a User’s access to the Website or suspend their account for any reason, including but not limited to violations of this Policy, fraudulent activity, or other conduct deemed detrimental to the Company’s interests. Such termination shall be effective immediately upon the Company’s determination, and Users shall have no recourse or right to appeal such decisions.
11.2. Retention of Data Following Termination
Even if a User’s access is terminated, the Company reserves the right to retain and continue using User Data for legal, commercial, or operational purposes. Termination of access shall not affect the Company’s rights to retain and utilize any and all data previously collected.
12. DATA ANONYMIZATION, PSEUDONYMIZATION, AND DE-ANONYMIZATION
12.1. Data Anonymization and Pseudonymization
The Company reserves the right to anonymize or pseudonymize any User Data collected, at its sole discretion. This may include removing personally identifiable information from datasets while retaining essential characteristics for analytical, commercial, or research purposes. The Company shall have exclusive control over the techniques and methodologies employed in such anonymization or pseudonymization processes.
12.1.1. Effectiveness of Anonymization Techniques
The Company does not guarantee that anonymization will be effective in all instances, and Users acknowledge that residual risks may remain regarding the re-identifiability of anonymized data.
12.2. Use of Anonymized or Pseudonymized Data
Anonymized or pseudonymized data may be aggregated with other datasets, used for AI training, shared with third parties, or sold for profit. Users hereby acknowledge that anonymized or pseudonymized data may still indirectly reflect their behaviors or preferences and may be used for any commercial or research purposes deemed beneficial by the Company.
12.3. De-Anonymization and Re-Identification
The Company reserves the right to de-anonymize or re-identify previously anonymized or pseudonymized data if doing so is deemed necessary for business purposes, compliance with legal obligations, or the enhancement of service offerings. Users acknowledge that any data anonymized by the Company may be subject to future re-identification without prior notice or consent.
13. AUTOMATED DECISION-MAKING AND PROFILING
13.1. Automated Decision-Making Systems
The Company reserves the right to use AI and machine learning algorithms to make automated decisions based on User Data. Such automated decision-making processes may be employed in areas including, but not limited to, credit assessments, risk scoring, fraud detection, eligibility determinations for services, and targeted advertising.
13.1.1. Limitations of Automated Decision-Making
The Company is under no obligation to provide Users with any disclosures concerning the logic involved in automated decision-making or the consequences of such decisions for the User.
13.2. Consent to Automated Decision-Making
By engaging with the Website, Users hereby consent to the Company’s use of automated systems to make decisions that may affect them. The Company shall have no obligation to provide manual oversight or human intervention in the automated decision-making processes.
13.3. Impact of Automated Profiling
The Company may use automated profiling systems to generate predictive models, behavioral insights, or risk assessments regarding Users. These profiles may be shared with third-party entities for commercial or security purposes, and Users acknowledge that such profiling may impact their experience or eligibility for services.
14. DATA LOCALIZATION AND CROSS-BORDER TRANSFERS
14.1. Data Storage Locations
The Company reserves the right to store User Data in any jurisdiction, including but not limited to jurisdictions outside the User’s country of residence. Such storage may occur on cloud-based services, external servers, or third-party data centers.
14.1.1. User Acknowledgment of Data Transfers
By using the Website, the User acknowledges and consents to the potential transfer of their data to jurisdictions with differing legal frameworks regarding data protection.
14.2. Compliance with Local Data Laws
While the Company endeavors to comply with data protection laws in the jurisdictions in which it operates, Users acknowledge that the level of data protection in certain jurisdictions may not meet the legal standards of their country of residence. By using the Website, Users consent to the transfer and storage of their data in any jurisdiction the Company deems appropriate.
14.3. Data Transfers Across Borders
User Data may be transferred across international borders, either between the Company’s servers or to third-party entities. Users consent to the transfer of their data across such borders, irrespective of whether the receiving jurisdiction provides adequate data protection measures. The Company disclaims any liability for data transfers to jurisdictions with lesser privacy protections.
15. DATA BROKERAGE AND THIRD-PARTY LICENSING
15.1. Data Brokerage Activities
The Company reserves the right to act as a data broker and sell or license User Data, in its entirety or in aggregated, anonymized, or pseudonymized formats, to third-party entities, including but not limited to marketers, advertisers, data brokers, or other commercial enterprises. Such transactions may occur without prior notice to or consent from the User.
15.2. Licensing of User Data to Third Parties
User Data may be licensed to third parties for the development of new products, targeted advertising, market research, or AI-based solutions. By using the Website, Users consent to the Company’s right to license their data to third parties and waive any claims to revenue or compensation arising from such transactions.
16. BIOMETRIC DATA SHARING WITH LAW ENFORCEMENT AND SECURITY AGENCIES
16.1. Provision of Biometric Data to Law Enforcement
The Company reserves the right to provide biometric data, including but not limited to fingerprints, facial recognition data, and voiceprints, to law enforcement or security agencies upon request, or when required by applicable law. Such disclosures may occur without prior notice to or consent from the User.
16.2. Collaboration with Security Agencies
The Company may collaborate with governmental security agencies, private investigative firms, or regulatory bodies in cases of suspected fraud, terrorism, or criminal activity. Biometric data collected from Users may be shared with these entities to aid in investigations, threat detection, or the enforcement of legal mandates.
17. USER-GENERATED CONTENT AND DATA HARVESTING
17.1. Data Harvesting from User-Generated Content
The Company reserves the right to harvest and extract data from any content generated by the User on the Website, including but not limited to posts, comments, reviews, uploads, and any other form of interaction. Such data may be processed for commercial purposes, AI training, market analysis, or product development.
17.2. Ownership of User-Generated Data
By submitting content to the Website, the User hereby grants the Company an irrevocable, perpetual, and royalty-free license to use, modify, distribute, and commercially exploit any data derived from such content, with no obligations or limitations.
18. DATA ENCRYPTION AND SECURITY MEASURES
18.1. Encryption Protocols
While the Company employs industry-standard encryption technologies, such as Secure Socket Layer (SSL) encryption, Users acknowledge that no system or method of data transmission is completely secure. The Company disclaims any liability for unauthorized access, breaches, or security incidents that may result in the compromise of User Data.
18.2. Liability for Security Breaches
The Company shall not be held liable for any unauthorized access, breach, or loss of User Data resulting from events beyond its reasonable control, including, but not limited to, cyberattacks, system failures, or force majeure events. Users acknowledge that their continued use of the Website is at their own risk, and that the Company bears no liability for any adverse consequences arising from such use.
18.3. Notification of Data Breaches
In the event of a data breach that compromises the confidentiality, integrity, or availability of User Data, the Company may, at its discretion and in accordance with applicable legal requirements, notify affected Users within a reasonable timeframe. Users acknowledge that such notification may be delayed due to external factors, including third-party service providers or ongoing investigations.
19. LEGACY DATA AND POSTHUMOUS DATA USAGE
19.1. Retention of Data Following Death
The Company reserves the right to retain, process, and use User Data after the death of the User. Such data may be used for research, commercial purposes, or AI training, and may be shared or sold to third-party entities.
19.2. Transfer of Posthumous Data Rights
In the event of a User’s death, the Company may transfer or license the deceased User’s data to third-party entities, including research institutions or commercial partners. No prior notice or consent is required for the posthumous usage of such data.
20. INQUIRIES AND COMMUNICATIONS REGARDING THIS PRIVACY POLICY
20.1. Designated Communication Channel
Any and all inquiries, requests for clarification, or communications pertaining to this Privacy Policy shall be exclusively directed to the Company via electronic mail at the following address: legal@tobybartlett.ca. The User acknowledges and agrees that this designated email address is the sole point of contact for any matters related to the Privacy Policy, and that any communications initiated through alternative means shall be disregarded by the Company without any obligation or liability.
20.2. Discretionary Response and Limitations
The Company expressly reserves the right to exercise its discretion regarding the review, acknowledgment, and response to any communications received at the aforementioned email address. Users hereby acknowledge and agree that the Company makes no express or implied representations, warranties, or guarantees concerning the timeliness, efficacy, or likelihood of any response to inquiries submitted. The Company retains the unilateral authority to determine, in its sole and absolute discretion, whether to respond to any communication, and under no circumstances shall the Company be held liable for any delays, omissions, or failures to respond to such inquiries.
20.3. No Obligation to Disclose Information
Users further understand and agree that the Company is under no obligation to disclose any information, rationale, or reasoning regarding its data practices or the provisions of this Policy in response to inquiries, and any information shared shall be at the sole discretion of the Company.
21. ELECTRONIC COMMUNICATIONS AND SIGNATURES
21.1. Legally Binding Communications
The User acknowledges and agrees that all communications transmitted via electronic mail (email) to the Company, including but not limited to inquiries, requests, consents, or any other communications pertaining to this Privacy Policy, shall be deemed legally binding. Such communications shall have the same legal effect as if they were executed in physical form and signed in ink, and the User shall bear full responsibility for the consequences of their electronic communications.
21.2. Electronic Signatures
The User further acknowledges that any electronic signature, including, but not limited to, any name typed in an email, electronic mark, or other forms of electronic acknowledgment communicated through email, shall be deemed to constitute the User’s signature. Such electronic signatures shall carry the same legal weight, enforceability, and effect as traditional handwritten signatures and shall be treated as conclusive evidence of the User’s intent to be bound by the terms and conditions articulated within this Privacy Policy.
21.3. Consent to Electronic Communications
By engaging with the Website and providing an email address, the User expressly consents to receive communications from the Company via electronic means. The User acknowledges that such consent extends to all communications required or permitted under applicable law, including any notices, agreements, disclosures, or other information related to this Privacy Policy.
22. AI-ASSISTED USER ENGAGEMENT AND FEEDBACK SYSTEMS
22.1. AI-Powered Customer Support
The Company may use AI-powered systems for customer support, feedback collection, and issue resolution. User interactions with these AI systems may be recorded, analyzed, and used to improve the Company’s services, products, or AI capabilities.
22.2. Analysis of User Feedback via AI
User feedback, comments, and ratings submitted through the Website may be processed by AI systems to analyze sentiment, preferences, and behavioral trends. These insights may be used to personalize User experiences, enhance service offerings, or for other commercial purposes.
23. DATA SUBJECT RIGHTS UNDER GLOBAL REGULATIONS
23.1. Rights Under Global Privacy Laws
While the Company acknowledges that various jurisdictions may provide Users with specific rights concerning their data (e.g., GDPR in Europe, CCPA in California), the exercise of such rights shall be subject to the terms of this Policy. Users may submit requests concerning their data rights, but the Company reserves the right to deny, delay, or limit such requests based on operational needs, legal obligations, or other interests.
24. FINAL PROVISIONS
In conclusion, it should be explicitly noted that the foregoing provisions, as articulated within this Privacy Policy, do not, nor shall they be construed as, in any way limiting or restricting the Company’s inherent or statutory rights, entitlements, or remedies available to it under applicable law, regulation, or equity. The User hereby irrevocably and unconditionally acknowledges and agrees that any reliance upon the interpretation, scope, or applicability of the provisions set forth herein, or any representation, omission, or silence on the part of the Company with respect to any of the foregoing, shall not be deemed a waiver, release, or relinquishment of the Company’s rights to pursue any and all legal, equitable, or administrative remedies available to it under any theory of law or fact.
The Company reserves all rights not expressly granted herein, and no failure by the Company to enforce any term or condition of this Policy shall be construed as a waiver of such term or condition, nor shall it limit the Company’s ability to enforce the same at a later time or date, subject to its sole discretion and in accordance with its prevailing business needs or legal obligations. Consequently, the User’s continued engagement with the Website shall be deemed to constitute an acceptance of these terms in their entirety, without exception or limitation, and any attempt by the User to assert any claim or defense inconsistent with this Policy shall be null, void, and without effect to the maximum extent permitted by law.