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Terms of use

Please read carefully these terms and conditions outlined herein.

Welcome to www.dmsmarking.com. By accessing and browsing the website of DIAGENT MARKING SYSTEMS (2004) INC. d/b/a DMS Marking & Coding ("DMS" or "we"), you confirm your acceptance of the following terms and conditions (the "Terms and Conditions"). These terms and conditions of use for the aforementioned website constitute a legal agreement and are entered into by and between you and DMS and govern your access to and use of, including any content and functionality offered on or through this website.

If you do not accept to be bound by these Terms and Conditions, please leave immediately.

We reserve the right to modify the above Terms and Conditions at any time without notice. The date of the last update is written at the bottom of this page. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of this website. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

As a condition of your access and use of this website, you agree that you may use the website only for lawful purposes and in accordance with these Terms and Conditions.

1. Property Notice

This website, and its entire contents, features, and functionality, including, but not limited to, information, data, photographs, images, videos, software, trademarks, logos, designs, and publicity slogans ( the "Content") are the exclusive property of DMS or its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

Unless prior written authorization has been given by DMS, all Content included on this website regarding products offered by DMS in Canada is provided for informational and promotional purposes only and may not be used for any other purpose.

You are not authorized to modify, reproduce, reedit, transfer, forward, transmit, publish, distribute or create derivative works of the Content without DMS 's prior written consent. However, you may download, print or reproduce the Content for personal use and/or in other circumstances permitted by law, provided that you keep all copyright notices or other legal notices it may contain. All unauthorized use of the Content will be considered as a violation of DMS's intellectual property rights.

The DMS name and all related names, logos, product and service names, designs, images, and slogans are trademarks of DMS or its affiliates or licensors. You must not use such marks without the prior written permission of DMS. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

2. Disclaimer of Warranties and Limitation of Liability

You agree that your use of this website, its contents and any services or goods attained through this website are at your own risk. DMS does not guarantee the quality, accuracy or completeness of this website or the Content. To the extent permitted by law, such information is provided on an “as is” basis without any warranty or condition, either express or implied. The Content of this website may include technical inaccuracies or typographical errors. DMS and its affiliates do not guarantee that the Content of this website will be uninterrupted or error-free, and will not be held responsible for any damage resulting from any virus, worm or other destructive or invasive computer program. Neither DMS or its affiliates, make any warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of this website or the Contents.

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL DMS NOR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THIS WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.

3. Link to Third Party Websites

This website may include links to other websites owned by third parties. Please be aware that DMS has no control over the content of those websites and we make no representations about any other websites. If you choose to access any such sites, you do so at your own risk. Therefore, DMS cannot be held responsible for the information contained on such websites, and does not offer any guarantee or make any declaration in this regard.

4. Sale of DMS Products

DMS reserves the right to cease production of any products offered on this website or to modify any specification related to these products without notice and without incurring any liability.

5. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless DMS, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of this website, including, third-party sites, any use of this website's content, services, and products other than as expressly authorized in these Terms and Conditions.

6. Applicable Laws

The present Terms and Conditions, as well as DMS’s Privacy Policy, are governed and interpreted under the laws in force in the Province of Quebec and, and federal laws of Canada applicable therein.

PRIVACY POLICY

DMS believes the right to privacy is one of a particular importance. This is why we have implemented this privacy policy, allowing the protection of your integrity and of your right to disclose or not your personal information. This privacy policy applies to personal information collected: 1) when accessing our website (http://www.dmsmarking.com) and/or 2) you provide on a voluntary basis upon the retention of services offered by DMS, subject to any refusal, or withdrawal of consent that you could duly express to us with this regard.

This Policy does not apply to the personal information of our employees, former employees or applicants for employment with us in the context of their employment, past, present or future, as another policy applies specifically to them and is available to them by contacting the DMS’s privacy officer.

1. Application of the present policy

We may change our privacy policy at any time and without notice. If we decide to change our privacy policy, we will post those changes on this page so that you are aware of what information we collect, how we use it, and under what circumstances we disclose it. The date of the last update is written at the bottom of this page.

Please note, however, that you are still responsible for protecting your personal information when you visit other third-party websites. Our policy does not apply to the collection, use, disclosure or retention of your personal information by other websites, although some links on our website may allow you to access content from other third parties and we encourage you to read the privacy notices or policies regarding the protection of personal information governing these third parties.

2. Your consent

The fact 1) of accessing this website and/or 2) providing us some personal information on a voluntary basis, implies that you are consenting to the collection, use and disclosure of your information as outlined in this privacy policy.

3. Collection and processing of the information gathered by DMS

a) Collection

No of your personal information is gathered upon your simple access or browsing on this website. However, it must be noted that as soon as you access the website, some information is gathered automatically by our computer system (i.e. cookies). While none of this information allows DMS to identify you personally, it includes information regarding your domain name as well as the IP address through which you access this website. Such information may be used by DMS for statistical purposes, allowing it to namely evaluate and analyze the access frequency to its website and related customer base. You may at all time deactivate said cookies by modifying the configuration of your browser; however, doing so may restrict you from accessing some parts of our website.

Your personal information is gathered only when and if you voluntarily provide them to DMS, including namely in the course of the provision of services provided by DMS which requires you to provide such information, subject to any objection, or withdrawal of consent expressed on your part. In all cases where you voluntarily provide personal information to DMS, it undertakes to collect, use and/or communicate it in accordance with this policy and applicable legislation.

All your personal information, when gathered in electronic form by DMS in compliance with this policy, will be kept on a server located in Canada.

4. Purposes for which DMS may use the personal information it duly gathers

a) Assessment and Follow-up on Requests

Once you provide consent, DMS will use your provided information to assess your request, and contact you to follow up on your query either by phone, or email.

b) DMS Products Services

Once you provide consent, DMS will use your provided personal information to provide you with our products and services. Such information will be retained throughout our business relationship with you and for 1 year thereafter.

c) DMS survey, contest or promotion

Once you have provided explicit consent, DMS may use your provided personal information on a voluntary basis through a message or following a given participation in a survey, contest or promotion. Personal information gathered for any of such purpose, will be namely used to communicate with you in the event you win. Contests and/or promotions offered by DMS may be subject to additional specific regulations, which will be fully described in such conquest or promotion.

d) Other purposes

DMS undertakes not to use any personal information it gathers in compliance with this policy or with any applicable legislation, for any other purposes unless we obtain your consent for that purpose or in certain exceptional circumstances, where DMS believes in good faith that the law requires or allows it.

In the event that you do not consent to the terms of the concerned privacy policy, DMS will not have the information to assess your request, contact you to follow up on your request or provide you with their services or products.

5. Disclosure to Third Parties

DMS may transfer your personal information strictly in relation to the purpose such personal information was collected (i.e. the purposes listed in Section 4 above). Namely, DMS may transfer your personal information to its website service provider, or third parties that maintain, or host DMS’s website, or the data collected thereon.

6. Protection of Personal Information

We are committed to protecting personal information in our possession in accordance with industry standards. To this end, we implement reasonable security measures to protect your personal information against loss, theft, unauthorized access, disclosure and unauthorized use. Our security measures are adapted to the amount and sensitivity of personal information. Namely DMS uses technical, administrative measures, and material measures to ensure the adequate protection of your personal information.

7. Your Rights Regarding Personal Information

Access

Subject to the exceptions provided by law, you have the right to request a copy of, or access to, the personal information we hold about you. You may exercise your right of access by contacting our privacy officer at the coordinates provided below. Access to your personal information is free of charge. However, in certain circumstances, such as if the request is excessive or unfounded, we may charge an administration fee for transcribing, reproducing, transmitting or requesting additional copies of your personal information. We will inform you of any such charges before processing your request. We generally respond to all requests for access within 30 days of receipt of any necessary information. When we are unable to grant access, or if additional time is required to fulfill a request, we will notify you in writing.

Rectification

If you consider that your personal information is inaccurate or incomplete, you may rectify it by contacting our privacy officer at the coordinates provided below. It is your responsibility to inform us of any changes to your personal information so that we can ensure that your personal information is kept up to date.

Obtain Information on the processing of your personal information

You have the right to obtain additional information relating to the processing of your personal information. If you cannot find the answer to your questions in this policy, you can contact our privacy officer using the contact details below.

Withdrawal of Consent

When you give your consent for secondary purposes, in other words, purposes that are not essential to offer you our products and services, you may withdraw it at any time, without any consequence.

However, if you refuse to provide us with personal information that is necessary for us to offer you our products and services or that is required by law, we may no longer be able to provide you with some of our services. In this case, we may have to cancel our commitment to you. You will, however, be informed of the occurrence of such a situation.

8. Minor

The permission from a parent or a tutor is required for any person under the age of eighteen (18) years old (a "Minor") to participate in any activity organized by DMS, namely any survey, contest or promotion. In the event that any such activity specifically targets a Minor, the permission of a parent or a tutor will be expressly required.

DMS will not collect nor use any personal information relating to Minors without the consent of a parent or tutor.

9. Contact Us

For any question regarding these Terms and Conditions, do not hesitate to contact our privacy officer at: melissaaudette@dmsmarquage.com.

Last Update on February 29, 2024.