March | 2008 | TRIUMPH

TriumphMusic.com Privacy Policy

At TriumphMusic.com, we respect the privacy concerns of the users and other visitors to our web site. We understand that we are responsible for Personal Information under our control. By visiting TriumphMusic.com, you are accepting the Terms of Use and the practices described in this Privacy Policy (“Privacy Policy”).

Please review this Privacy Policy periodically. We may update it from time to time and we will notify you of any modifications in this section or in links from this section. Our privacy policy is in accordance with Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”).

If you feel that this site is not following its stated information policy, you may contact us (at the addresses or phone number below). “Personal Information” means any information about an identifiable individual but does not include the name, title or business address or telephone number of an employee of an organization.

Information We Collect

For each visitor to this website our web server automatically recognizes non individual data only, but not Personal Information (where possible). We use this information to notify users on updates and optimize the Site for you and to diagnose problems with TriumphMusic.com. We collect information volunteered by the consumer, such as survey information, site registrations, and/or orders placed with TriumphMusic.com.

How We Use This Information

We collect the minimum amount of Personal Information necessary to provide our services. The information we collect is used to:

notify users about recent updates on TriumphMusic.com
ship products purchased on TriumphMusic.com and inform buyers about their orders
offer promotional opportunities from us and our partners to site members
improve the function of this website

We do not sell, rent, or lease our site member and customer information to third parties. In order to provide our services, we occasionally share information to our business partners to help make decisions about the content made available to our members. We use trusted, third party companies to assist us in fulfilling orders and processing credit card payments. These companies are only given the necessary amount of Personal Information needed to complete the transaction and payment information is destroyed upon completion of the order. Any transfer of information is subject to the limitations of this privacy statement.

Consent

Personal Information will only be collected, used or disclosed with a site member’s consent, except where required or permitted by law. Consent can be express or implied. It will never be a requirement to obtain a service or product except where necessary to be able to supply that product or service. Site members can withdraw their consent at any time, subject to legal or contractual restrictions. If you would like to withdraw your consent please contact us.

Cookies

TriumphMusic.com uses cookies to help personalize your online experience by, among other things, saving your passwords and preferences for you. These cookies are restricted for use only on TriumphMusic.com, and do not transfer any Personal Information to any other party. If you choose to disable your cookies setting or refuse to accept a cookie, some parts of TriumphMusic.com will not function properly or may be considerably slower.

External Sites

Neither TriumphMusic.com nor its partners are responsible for the privacy practices or the content of external websites. When we include links to other Internet sites, on this site and in our newsletters and other communications, we do so solely as a convenience to our visitors.

Security

We work to secure your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site.

Control of Your Information

TriumphMusic.com offers choices to our customers for the collection, use and sharing of Personal Information. If you do not wish to receive e-mail for mailing lists from us you can unsubscribe to the list by using the link at the bottom of every mailing.

Upon request we provide site visitors with access to unique identifier information (e.g. customer number or password), transaction information (e.g. dates on which customers made purchases, amounts and types of purchases), communications that have been directed to our site (e.g. e-mails, customer inquiries), and contact information (e.g. name, address, phone number). Site visitors can access this information through the various account settings features on the website, by writing to us at the email address or the mailing address below. We keep all Personal Information about our visitors up-to-date and encourage our visitors to update us on any changes to their Personal Information by emailing or writing to us.

Privacy Principles for TriumphMusic.com

In addition to anything stated in this Privacy Policy, we abide by the following ten principels:

ACCOUNTABILITY

We are responsible for the Personal Information under our control and have designated one or more individuals who will be accountable for the company’s compliance with the procedures and principles set out in this Privacy Policy.

IDENTIFYING PURPOSE

We will identify the purpose for which Personal Information is collected at or before the time the information is collected. The purposes for which information is collected, used or disclosed by us will be reasonable.

CONSENT

The knowledge and consent of the individual are required for the collection, use or disclosure of Personal Information.

LIMITING COLLECTION

We will limit the collection of PERSONAL INFORMATION to what is necessary for the purposes identified.

LIMITING USE, DISCLOSURE AND RETENTION

Personal Information will only be used or disclosed for purposes we set out. Except with the consent of the individual or as may be required by law. Personal Information will be retained only as long as necessary for the fulfillment of the purposes for which it was collected.

ACCURACY

Personal Information will be as accurate, complete and current as is necessary for the purposes for which it is to be used.

SAFEGUARDS

Personal Information will be protected by security safeguards appropriate to the sensitivity of the information and the circumstances.

OPENNESS

We will make readily available to our users, customers and employees specific information about its policies and practices relating to the collection, use or disclosure of Personal Information.

INDIVIDUAL ACCESS

Upon request, you will be informed of the existence, use and disclosure of your Personal Information and will be given access to that information except in those circumstances that we are permitted or required by law not to disclose Personal Information to the individual. Such individuals will be able to challenge the accuracy and completeness of the information we have and have it changed as appropriate.

CHALLENGING COMPLIANCE

An individual will be able to address a challenge concerning compliance with this Privacy Policy.

Contact Information

If you have questions we are here to help! There are several ways to contact us:

Email:

help@TriumphMusic.com

Phone:

+1 (416) 469-9809

Please specify your name, order number, phone number, and your question when leaving a message.

Post:

TriumphMusic.com 2238 Dundas Street West P.O. Box 59039 Toronto, Ontario M6R 3B5 Canada

TriumphMusic.com Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY. BY ACCESSING THIS WEBSITE AND ANY PAGES OR MATERIALS CONTAINED IN THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS SET FORTH BELOW, PLEASE LEAVE THIS SITE IMMEDIATELY AND DISCARD OF ANY ASSOCIATED PAGES OR MATERIALS WHICH YOU MAY HAVE STORED.

This website is operated on behalf of Triumph (the “Operator” and the “Artist”, as indicated). All pages, data, pictures, music, materials and information contained on this website are the property of the Artist and Operator, or used under license. The Operator reserves the right, in its sole discretion, to change, modify, add, or remove any portion of this website or these Terms of Use, in whole or in part, at any time for any reason.

Changes to this Policy

Changes to these Terms of Use are made effective when they are posted on the website. By accessing this website hereinafter you will be considered as accepting of those changes. These Terms of Use govern your use of this website. In the event that you do not comply with these Terms of Use the Operator, at its sole discretion and without notice, may block or restrict your access to this website in addition to pursue legal action against you where granted by governing law.

Permitted Use

Any person is hereby authorized to view the information available on this website for informational, educational, and communication purposes only. Permission to use documents and related graphics available from this website is granted, provided that:

Copyright notice and website link appears in all copies and that both the copyright notice and this permission notice appear;
Use of documentation and/or related graphics available from this website are for informational and non-commercial or personal use only; and
Documentation and/or related graphics available from this Server are not modified in any way.

If you have questions regarding the use of the materials on this website, please contact us.

Linking to this Website

By linking to this website you indicate acceptable to these Terms of Use and the legal restrictions that are part of it. If you do not accept or abide by these guidelines do not link to this website. By linking to this website you agree that you will not:

Will not frame or otherwise create a browser or border environment around this website’s content;
Will not imply that the Operator and/or the Artist is endorsing you, your company or business, your website or its contents, your products, or your services;
Will not misrepresent your or your website’s relationship with the Operator and/or the Artist;
Will not present false, misleading or inaccurate information about the Artist and/or the Operator; and
Will not include content on your website that is or could be construed as illegal, distasteful, offensive, or controversial and will include on your website only content that is appropriate for all age groups.

Limited License

The Operator grants you a non-exclusive, non-transferable, limited right to access, use and display this website and the materials thereon; provided, however, that you comply with these Terms of Use. You agree not to disrupt, interrupt or attempt to interrupt the operation of the website in any way. You agree not to change or delete any proprietary notice from materials downloaded from the website. You agree to comply with all trademark, copyright and other laws worldwide in your use of this website and to prevent any unauthorized copying of the materials and information contained on this website. Except as expressly provided herein, the Operator and/or the Artist does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Disclaimer and Indemnity/Limitation of Damages

You agree to indemnify, defend and hold harmless the Operator, the Artist, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the website against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, incurred in relation to, arising from the use of this website (including a breach of these Terms of Use), the content, materials, Submissions and functions of this website, even if it the Operator and/or the Artist are expressly advised of the possibility of such damages.

The Operator and/or the Artist cannot and does not guarantee or warrant that any of the materials available for downloading through this web site will be free of infection of viruses, worms, trojan horses or other code that has an intent other than what the description of the content says. You are responsible for implementing sufficient safe guards and procedures to satisfy your requirements for the security and safety of your systems. By accessing this website you assume total responsible and risk for the use of the materials on this website.

Incorrect Information

The materials and information contained on this website may contain inaccuracies and/or typographical errors. The Artist and/or the Operator does not warrant the accuracy or completeness of the materials or other information displayed or distributed through the website. You acknowledge that any reliance on this information shall be your sole risk. The Operator and/or the Artist reserves the right at its sole discretion to make corrections or omissions to any portion of this website without notice.

This website, the information and materials provides on this website are provided “AS IS” and the Operator and/or the Artist does not make any express or implied warranties, representations or endorsements whatsoever including, without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness of any particular purpose with regard to the website, any merchandise, information or service provided through the website. As a result the Operator and/or the Artist shall not be liable for any cost or damage arising either directly or indirectly from any such transaction.

Copyright Violations

Just as the Artist and the Operator requires users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our website without authorization in a way that constitutes copyright infringement we ask that you contact us. Any personal information you provide in your email will be used only for purposes related to your email.

Links to Third Party Sites

Some of the links on this web site will take you to third party sites. Where possible the Operator has taken care to provide you notice that you are leaving the website. If you decide to visit any third party site you do so at your own risk and take responsibility of taking protective measures to guard against malicious content on the third-party site. The Artist and/or the Operator does not control these linked sites and is not responsible for their contents and as makes no warranty or representation regarding the information contained on third-party sites. These links are provided to you for your convenience and the inclusion of the link does not imply endorsement of the website by the Artist and/or the Operator.

Governing Law

This website is operated and administered from within Canada. Use of this Site shall be governed by all applicable Federal laws of Canada in addition to the laws of the Province of Ontario, without giving effect to its conflict of laws provisions. You agree to submit to the jurisdiction of the courts located in the Province of Ontario, for the resolution of all disputes arising from or related to these Terms of Use and/or your use of this website.

Copyright

The materials of this website are protected by Copyright and Trademark Laws of Canada and other countries and are owned by, or licensed to the Operator. Except as set out herein, all content of this website is owned or controlled by the Operator and/or the Artist. You may download content only for your personal use for non-commercial purposes but no modification or further reproduction of the content is permitted. The contents of the website, including any images, text, binary programs or information, and layout design may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, re-posted, or otherwise used except as outlined in the Permitted Use section.

We are always happy to hear from you. Please note that if you send us suggestions, ideas, pictures, emails, electronic posts, letters or other information or data (collectively, “Submissions”), we may not return the Submissions to you. Once submitted, the Operator shall be entitled to unrestricted, unlimited, use of the Submissions for any purpose whatsoever, without compensation to you. You confirm that you waive all moral rights related to the Submissions. You warrant that you are able to grant the rights expressed above.

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