Terms and Conditions, Cookie Policy, and Privacy Policy

Terms and Conditions

PLEASE READ THIS DOCUMENT CAREFULLY AND THOROUGHLY. IT IS A LEGALLY BINDING CONTRACT BETWEEN YOU (EACH USER, SUBSCRIBER, FREE TRIAL USER, FREE SUBSCRIBER, OR PURCHASER OF ANY FP NEWSPAPER INC. PRODUCT.) AND FP NEWSPAPERS INC AND ITS SUBSIDIARIES (COLLECTIVELY “WFP”, “WE”, “OUR”, “US”), ITS THIRD-PARTY SUPPLIERS, AND ITS AFFILIATES.

IF YOU DO NOT FULLY AND COMPLETELY AGREE WITH THE TERMS IN THIS AGREEMENT YOU SHOULD NOT CREATE AN ACCOUNT ON WINNIPEGFREEPRESS.COM OR ANY OTHER FP NEWSPAPER INC. DIGITAL PROPERTY, MOBILE APPLICATIONS, INTERNET SITE, OR DOMAIN (EACH INDIVIDUALLY A “WFP PROPERTY” AND COLLECTIVELY THE “WFP PROPERTIES”)

Last updated on December 16, 2014

1. Introduction

   WFP includes any and all digital properties, websites, apps, and domains owned and operated by Winnipeg Free Press (referred to individually as a “WFP Property” and collectively as the “WFP Properties”). By using of any of WFP’s products or services (each a “Service” and collectively the “Services”) available in or on a WFP Property, you agree to be bound by these Terms & Conditions. Some of our Services are also accompanied by a separate set of agreements and terms that would apply for only those Services. The most common example of Services requiring extra terms are Services or Properties that you pay to use or access. These paid Services or Properties may be accompanied by a separate Pay Services Agreement that will contain additional requirements in regards to payments and usage. Should we make changes to the Terms & Conditions, you will be bound those new terms for all future activity on all applicable WFP Properties. Any changes will be accompanied by a change in the Last Updated date.

2. Registration, Accounts And Passwords

   Certain of the Services and related material, software and other content made available via a WFP Property (“Content”) may require registration or subscription. If you register or subscribe for any Services or related Content, you agree to provide accurate information about yourself, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) keeping your account information, including any username and password your have chosen or are given confidential, and (b) all activities that occur under such password or account, including any transactions that take place. If you believe someone has been using your account without your permission, it is your responsibility to contact us as soon as possible. WFP will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to protect your account information or be responsible for your account transactions. You agree that your access to our online Services may be restricted to five or fewer unique devices per registered account, and you may link up to two accounts per non-corporate subscription. WFP reserves the right to suspend your account if it determines at any time, in its sole discretion, that your account has been simultaneously logged into more distinct devices than permitted. You agree that you are solely responsible for any fees, overages, penalties or any other costs charged to you by any third party internet, cellular or other communications/data provider.

3. Restrictions On Use Of Materials

   All Content and Services available at any WFP Property, including the manner in which the Content is presented, are copyrights of FP Newspaper Inc., its affiliates and/or licensors. All rights reserved. WFP and/or its licensors grants you a limited and non-transferable license to use on your computer or other electronic devices. This license applies only to personal, private and non-commercial use, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. You agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through a WFP Property. This includes, but is not limited to, caching, framing, or similar means without the prior written consent of the respective copyright owner of such Content.

4. Trademarks

   All trademarks of FP Newspaper Inc, including but not limited to, Winnipeg Free Press, winnipegfreepress.com, and all associated designs and logos belong to FP Newspaper Inc. As such, these may only be used under license or with the express written permission of WFP. All other product, brand and company names, and logos used or mentioned in or on a WFP Property or any Service may be the trademarks or registered trademarks of their respective owners. Any use of trademarked material found on or within any of our Properties is strictly prohibited.

5. User Conduct

   While using any WFP Property or Service you agree to comply with all applicable laws and these Terms and Conditions. You acknowledge that WFP may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users for unlawful acts. Additionally, you agree NOT to:

   • post, link to, or otherwise distribute any information or materials constituting, advocating, or encouraging illegal conduct, or give rise to civil liability;
   • use a WFP Property or any of the Services in a manner which opposes the law;
   • use a WFP Property in a way that would restrict or inhibit any other user from using or enjoying a WFP Property or Service;
   • abuse, stalk, harass, threaten or otherwise violate the legal rights of others. This includes but is not limited to rights relating to privacy and publicity;
   • post, link to, or otherwise distribute any inappropriate, defamatory, infringing, obscene, indecent or unlawful material or information;
   • post, transmit, link to, or otherwise distribute any information, materials, content (including for greater certainty, software) which contains any harmful or disruptive component (e.g. virus, Trojan horse, worm);
   • use any automatic device or manual process to monitor or copy a WFP Property or the contained content for any unauthorized purpose without our express written consent.
6. Responsibility For Minors

   If you have allowed a minor to use any WFP Property or Service, you accept responsibility for: (a) the conduct of the minor on that platform; (b) the minor’s access to, and use of, the aforementioned Property of Service; and (c) the consequences of any violation of these Terms and Conditions by the minor. You acknowledge that some content on the WFP Property (including but not limited to Content subject matter, user comments) may contain material that is inappropriate for minors. It is your responsibility to use discretion in regards to permitting access for any minor.

7. Comments And Content Submissions

   Any time you submit or upload content to a WFP Property you automatically grant WFP and its affiliates unrestricted, royalty-free, and irrevocable right to use, adapt, transmit, display, distribute and create any works from such submitted materials. This right is limited to the purpose of publishing and promoting such materials in connection with the Service through which the materials were submitted or generated. This license will apply across any form, media, or technology known at this time or later developed. You accept that all “moral rights” in such materials have been waived.

   Any content submitted for publication may be used by WFP, its assignees and its licensees in whole or in part by any means, without compensation to the author.
   
   We, or authorized third parties, reserve the right to cut, crop, edit or refuse to publish your content at our or their sole discretion. We may remove your content from use at any time.

   Please be careful when using our comments board, as people on those boards may not be who they say they are. WFP and/or its affiliates and licensors cannot be responsible for the accuracy of any content posted by users, and will not be responsible for any decisions made based on such information. When you are posting a comment, you cannot post anything that does not pertain to the content of the Property in question. Use of a comment for commercial purposes of any kind is strictly prohibited. WFP reserves the right to remove any information or materials that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.

8. DISCLAIMER

   YOU UNDERSTAND AND AGREE THAT: (A) WFP PROPERTIES AND ANY OF THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WFP, ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY THE “WFP GROUP”) DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS (COLLECTIVELY THE “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES OR COMPLETENESS AS WELL AS ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; AND (B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WFP GROUP SPECIFICALLY MAKES NO WARRANTIES THAT A WFP PROPERTY OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF A WFP PROPERTY OR ANY OF THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

9. PROFESSIONAL INFORMATION DISCLAIMER

   Any Professional Information (e.g. information relating to health, accounting, stocks and investments) presented by WFP is provided for educational and entertainment purposes only and does not serve as a recommendation for any treatment plan or course of action. Despite our best efforts, Professional Information may be outdated. You agree that all risk associated with the use of Professional Information rests with you. You further agree that WFP Group, including its suppliers, will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any Professional Information.

   You acknowledge that WFP or any related parties may invest or otherwise hold interests in entities which may be referenced in Content we produce. The views and opinions expressed on a WFP Property are not intended to constitute a description of securities bought, sold, or held on behalf of WFP Group nor an indication by WFP Group of any intention to buy, sell, or hold any security.

10. DISCLAIMER REGARDING ONLINE SEARCH CONTENT

    Any and all multimedia content located through any WFP Property’s search services are protected by copyright and/or other intellectual property laws. Where search results link to sites outside a WFP Property, we have no control over the copyrights of that material. If you intend to make use of any multimedia content accessed through a WFP Property’s search services we you should contact the owner of the content you are looking at for its use permission.

11. MONITORING

    You acknowledge that WFP has no obligation to monitor any WFP Property, Content, or Service. However, you agree that WFP can monitor any Property to disclose any information, including your personal information, necessary to satisfy any law, regulation or other governmental request to operate a WFP Property or Service properly, or to protect itself in accordance with the Privacy Policy.

12. MODIFICATIONS

    For users of WFP Properties other than in relation to Pay Services Agreements, WFP reserves the right to add, remove, or change any part of these Terms and Conditions at any time. Changes will be effective when notice of such change is posted on a WFP Property. Please check these Terms and Conditions regularly for updates. If you find any change unacceptable, it is your responsibility to discontinue your use of any WFP Properties and Service immediately. Your continued use of a WFP Property or Service after changes are posted will constitute acceptance of those changes.

    WFP reserves the right to change, modify, or discontinue any part of any WFP Property, Services or Content without notice or liability and for any reason whatsoever. For users who have entered into a Pay Services Agreement, modifications to your Pay Services Agreement or these Terms and Conditions are discussed below.

13. DOWNLOADS AND SHAREWARE

    Certain WFP Properties allow you to download software applications or other forms of Content, files, images and/or data (collectively “Software”). The Software is made available to you by WFP or third parties is subject to the terms and conditions presented during the software installation process. You agree that the Software is licensed to you by WFP or third parties for your personal use only and that you maintain all copyright and other proprietary notices. WFP or the designated third parties retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, reverse engineer, or otherwise reduce the Software. You agree that that all risk associated with the use of the Software rests with you. You further agree that WFP Group, including its suppliers, makes no warranties regarding the Software, and will not be responsible or liable, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software. This includes the failure of the Software to meet your needs, standards, expectations or specifications.

14. ONLINE COOKIES

    By creating an account, or continuing to use a WFP Property or Service, you agree to allow WFP, its partners, affiliates, licensors or any other party associated with WFP to install cookies on the local storage of any device used to access said Property or Service. You agree that WFP will not be held responsible, in any way, for trouble experienced by your connection or computer that may be associated, directly or indirectly, with the download of said cookies, or the refusal to download these cookies. You agree to not alter or edit these cookies in any way. You can read more about our use of online cookies on our cookie and information policy.

15. CONTENT LINKED TO AN ONLINE WFP PROPERTY

    Please note that links on a WFP Property may take you to other websites. WFP provides these links only as a convenience and not as an endorsement. These linked sites are not under the control of WFP. Visiting those sites is done so at your own risk and it is your responsibility to take all safety precautions when viewing them. WFP is not responsible for the content of any such linked sites. Accordingly, you agree that WFP Group will not be responsible or liable in any way for the material contained in any site linked from a WFP Property.

16. DEALINGS WITH THIRD PARTIES

    You acknowledge and agree that your correspondence or business dealings with any third parties are solely as between you and such third parties, regardless of if your communication took place at any time over a WFP Property. WFP assumes no responsibility for any charges you incur when making purchases or other transactions in this manner. The responsibility for ensuring compliance with all laws in connection with any such transactions will be yours alone. You agree that WFP will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.

17. SUBSCRIPTION/FEE BASED SERVICES

    Some of the Services and Content provided by WFP may be offered on a payment basis. These Pay Services may be offered by WFP on a post-pay usage basis or on a periodic subscription (“Subscription”) basis. Should you choose to purchase or subscribe to Pay Services, you will be required to register and you will be assigned an account for such Pay Service (the “Pay Service Account”) based on the information you provide during the registration process. You will be responsible for all uses of your Pay Services Account, including transactions and all applicable fees and taxes (collectively, the “Fees”), and agree to pay all accrued Fees. You agree that it is your responsibility to immediately notify WFP of any unauthorized use of your Pay Services Account. Unless otherwise indicated, the Fees for a Pay Service purchased through your Pay Service Account are chargeable immediately to the credit card you designated for the particular Pay Service Account (the “Account Credit Card”) or through such other billing process where applicable.

    Please note that Subscription Pay Services are billed automatically on or about the beginning of each month, and Fees in respect of each payment period will be based on the then-current rate for the particular Subscription Pay Service.

    You may terminate your Pay Services Agreement at any time. If you are subscribed to a WFP online product, your termination will take effect at the end of your then current billing period, and there will be no refund provided by WFP.

    Please note, when appropriate and at WFP’s sole discretion, any changes to your Pay Service Subscription may result in cancellation of, or changes to, associated free trials and/or discounts, or the application of associated free trials and/or discounts you may be entitled to. Such changes and/or cancellations may take place immediately or may take effect at the end of your then current billing period, at WFP’s sole discretion. Please contact WFP’s Customer Care centre at 1-204-697-7000 to determine how changes to your Subscription may impact, any associated free trials and/or discounts you may be receiving, or may be entitled to.

    You must contact WFP immediately with any change in your billing information to avoid an interruption in service and/or termination of your Subscription. By registering for a Pay Service, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct, and (c) you are the cardholder of the Account Credit Card.

    In consideration of the availability, and your use, of a Pay Service, you acknowledge and agree: (a) to the terms of your Pay Services Agreement and these Terms and Conditions; (b) that you are solely responsible for all that occur through your Pay Service Account; (c) that the Pay Service is for your personal, non-commercial use and you agree not to transfer or share (for profit or otherwise) any part of any Pay Service, including any coupons given or credits granted; (d) that WFP reserves the right to specify an expiry date for the use of any coupons or credits purchased in connection with any Pay Service; and (e) that WFP reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service in accordance with these Terms and Conditions and your Pay Services Agreement.

18. MODIFICATIONS TO PAY SERVICE AGREEMENTS AND TERMS AND CONDITIONS

    WFP may at any time amend or modify these Terms and Conditions or a Pay Service Agreement, including without limitation, any Fees, delivery frequency, features or other aspects of Pay Services, upon notice to you. Notification may be provided using one or more of the following methods: (i) letter mailed to your billing address; (ii) bill message; (iii) e-mail to one or more of your email accounts provided to WFP; (iv) posting on the winnipegfreepress.com website; (v) newspaper ad; or (vi) speaking to you or leaving a message for you. If you do not agree to any such amendments or modifications of your Pay Services Agreement or these Terms and Conditions, your sole remedy is to immediately stop using all WFP Properties and Services, and to terminate your Pay Services Agreement in accordance with these Terms and Conditions and your Pay Services Agreement. You can review the most current version of these Terms and Conditions at www.winnipegfreepress.com/Terms_and_Conditions.html or by requesting a copy from Director of Marketing, 1355 Mountain Ave, Winnipeg, Manitoba, Canada R2X 3B6.

19. WFP-INITIATED TERMINATION

    WFP reserves the right to suspend or terminate your Account or access to any WFP Property or Service, at any time for any reason, including (but not limited to) if: (a) the Account Credit Card is found to be invalid; (b) you provide false or misleading information to WFP or its affiliates; (c) WFP and/or its affiliates does not receive any payment when due; or (d) WFP has determined, in its sole discretion, that the use of a WFP Property or Service through your Account is in breach of these Terms and Conditions, or if you are using the Service for unlawful use. Your ability to use the Pay Services is also subject to any limits established by WFP or by your Account Credit Card issuer. If Fees cannot be charged to your Account Credit Card or your charge is returned for any reason, including chargeback, WFP reserves the right to suspend or terminate your Pay Services Account. The disclaimer, limitations on liability, and indemnity provisions herein will survive termination or expiry of your Account, these Terms and Conditions and your Pay Services Agreement.

20. SUBSCRIBER TERMINATION

    Subject to Section 16 above (Subscription/Fee Based Services) you may terminate your Pay Services Agreement at any time by calling WFP’s Customer Care Centre at 1-204-697-7001 or toll-free at 1-800-542-8900

21. INDEMNIFICATION

    You agree to defend, indemnify and hold harmless each member of WFP and each of their respective officers, directors, employees and agents, including all third parties mentioned in or on a WFP Property, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of a WFP Property, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from a WFP Property or through any of the Services. You will use your best efforts to cooperate with WFP Group in the defense of any claim. WFP Group reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

22. LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL WFP BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WFP HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF A WFP PROPERTY, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO A WFP PROPERTY OR ANY OF THE SERVICES.

    You expressly acknowledge that WFP has entered into your Pay Services Agreement and these Terms and Conditions, and will make certain WFP Properties, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and WFP. You expressly agree that the indemnities, limitations, exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of your Pay Services Agreement or these Terms and Conditions.

23. GOVERNING LAW/JURISDICTIONAL ISSUES

    All WFP Properties and Services are controlled, operated and administered by WFP from its offices within Canada. WFP makes no claim (explicit or implicit) that a WFP Property or any of the Services are appropriate or available for use at any locations outside Canada. If you access a WFP Property from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through a WFP Property in violation of applicable export laws and regulations. These Terms and Conditions will be interpreted, construed and governed by the laws in force in the Province of Manitoba, Canada, without reference to its conflict of laws principles. Subject to Section 24 (Arbitration and Actions) below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Manitoba and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.

24. ARBITRATION AND ACTIONS

    Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, a Pay Service (unless otherwise specified in Pay Services Agreement), your Pay Services Agreement, your use of any WFP Property or Service or the relationship which results from these Terms and Conditions, including but not limited to the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions or your receipt and use of a WFP Property or Services, which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a “Claim”), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Winnipeg, Manitoba in English and governed by Manitoba law pursuant to the Arbitration Act, 1997 (Manitoba), as amended, replaced or re-enacted from time to time. The arbitrator will be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against WFP Group relating to any Claim and you also agree to opt out of any class proceedings against WFP Group. Notwithstanding the foregoing, WFP reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

25. SUBMISSION OF IDEAS OR SUGGESTIONS

    If you have ideas or suggestions regarding improvements or additions to one of our Properties or Services, WFP would like to hear them – but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES WILL ANY DISCLOSURE OF ANY IDEA OR SUGGESTION TO WFP AND/OR ITS AFFILIATES BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA OR SUGGESTION TO WFP AND/OR ITS AFFILIATES YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR SUGGESTION AND ARE REPRESENTING AND WARRANTING TO WFP AND/OR ITS AFFILIATES THAT THE IDEA OR SUGGESTION ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA OR SUGGESTION AND THAT WFP AND/OR ITS AFFILIATES IS FREE TO IMPLEMENT THE IDEA OR SUGGESTION IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY WFP AND/OR ITS AFFILIATES, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

26. PRIVACY

    For information on how user information is collected, used and disclosed by WFP in connection with your use of a WFP Property and any of the Services, please consult our Privacy Policy available at www.winnipegfreepress.com/privacy-policy.

27. GENERAL PROVISIONS

    These Terms and Conditions and any Pay Services Agreement you have entered into are personal to you, and you may not assign your rights or obligations to anyone. Your Pay Services Agreement and these Terms and Conditions constitute the entire agreement between WFP and you pertaining to your use of a WFP Property, Services and Content and supercede any prior agreements between you and WFP with respect to the subject matter hereof. WFP’s failure to insist upon or enforce strict performance of any right or provision of your Pay Services Agreement or these Terms and Conditions will not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in your Pay Services Agreement or these Terms and Conditions are determined to be voidor invalid by a court of competent jurisdiction, such determination will not affect the remaining provisions (or parts thereof) contained herein. Except where prohibited by applicable law, any cause of action you may have with respect to your use of WFP Sites or which is the subject of your Pay Services Agreement or these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. No changes to your Pay Services Agreement or these Terms and Conditions will be made except as expressly contemplated herein. The parties have required that your Pay Services Agreement and these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s’y rattachent soient rédigés en anglais.

Cookie and Information Policy

As of December 2014

What are Cookies?

Cookies are small text files that are placed on your device when you visit a website. They are read by that same website when you come back to remember what you have done there. This is how our website can remember information like your account username, or which articles you have read during past visits.

First-party vs Third-party cookies

First-party cookies collect information from our site while you’re there, and send that same information back to our system when you visit again. All cookies that are placed on your device by our site are called first-party cookies. Third-party cookies are cookies that may be placed on your device by another company. For example, cookies may be placed by our advertising partners so that you can see more interesting and useful advertisements elsewhere on the Internet.

At winnipegfreepress.com we use 4 main type of cookies:

• Essential Cookies

  These cookies are necessary for using our website. They allow you to do things like read articles after you have logged into your account – without these cookies our website would never be able to remember that you had logged in, and would continually stop you from reading articles.

• Performance Cookies

  These cookies are used to reduce the strain put on our system when you visit our site. They are also used to serve different content to new users and returning readers. We also use these cookies to track aggregate usage of our site so that we can improve how the site works.

• Functionality Cookies

  Functionality cookies are largely used to remember your specific settings on the site. This includes things like your preferred text size, as well as if you prefer to view in desktop or mobile mode. These cookies are also used to prevent you from being shown too many ads while on a mobile device.

• Behaviorally Targeted Advertising Cookies

  These cookies are used by us and our ad partners to help show you ads that you will find most interesting and useful. These cookies can be used to remember that you visited a particular site and may also be able to track your device’s browsing activity on sites other than ours. This information may be shared with organizations outside Winnipeg Free Press, such as advertisers in order to deliver the most relevant advertisements. These cookies are also used to track the effectiveness of an advertising campaign by providing aggregate usage statistics.

Can I disable cookies?

Absolutely! Detailed and easy-to-follow instructions for disabling cookies in most popular browsers can be found at http://www.wikihow.com/Disable-Cookies . Please note that if you choose to stop your browser from accepting cookies many areas of winnipegfreepress.com (and the majority of other sites) will not be available. Even the areas that are available will likely not work very well. We have designed this site to use cookies for much of its functionality, as we feel that they are a safe and simple way to make more great content available.

The Information we collect and why we collect it

We collect information to provide better services to all of our readers – from figuring out basic stuff like which language you speak, to more complex things like which ads you’ll find most useful. We do this by asking you explicitly for some information and automatically tracking other things while you are on our site. For example, we automatically track if you are on a desktop or a tablet so that we can better optimize the special content we put on our site. Other information we collect includes: detailed device information (e.g. display resolution, operating system), log information (e.g. internet protocol address, event information), and local storage (e.g. browser web storage, cookies).

How we use the information we have collected

Our goal in collecting information is to determine how we can improve the offerings we put out on winnipegfreepress.com. The information we collect is aggregated before it is examined, and is never used to target you specifically, but instead to look at trends and preferences of the entirety of winnipegfreepress.com readers. For example, we may take note of which sports articles you read in order to determine if our readers in general prefer to read about the Jets or the Blue Bombers. Winnipeg Free Press will not give any of your information – aggregate or otherwise – to anyone; it is only ever used by FP Canadian Newspapers Limited Partnership (FPLP) and its agents. The only exceptions are: (1) when you provide us explicit consent, and (2) when it is required of us by law for reasons of public safety or police investigation.

How long do we keep information about you?

As long as you have an active account with FPLP, we keep your general account information (username, password, billing information). Inactive accounts will be removed regularly. Beyond that, information in regards to specific viewing habits is generally only kept for 45 days.

Access to Information

A complete detail of your right to the information we have collected about you can be found at our very official, legal sounding Privacy Policy. In regards to your information this document says a few things:

• You can request a complete list of the information we have collected about you at any time. The request for information must be submitted in writing, and you must verify that you are entitled to this information.
• Once this request and verification has been received, we will provide you with the opportunity to review this information (with the exception of any information gathered by our journalists and subject to exceptions set out in Section 9 of PIPEDA, or information relating to confidential business practices or private third parties) in a timely manner – generally within 30 days. In the unlikely circumstance that we require more time to fulfill this request we will let you know and provide a follow-up date.
• You can request that we change your information if you feel it is inaccurate using the same process as above. We would need to verify your identity before making any changes.
• You can also request that we remove all information that we have collected over the course of our time together, provided that you are no longer a customer. A request of this type must be sent in writing to 1355 Mountain Avenue, Winnipeg, Manitoba, R2X 3B6. Upon receipt, your identity would need to be verified, and we would let you know how to proceed from there.

Transparency and choice

Everyone has unique concerns about online privacy. We aim to be completely transparent about the information we collect so that you can make informed decisions about how your information is handled. You can control many things, including:

• Account information

  You can choose to include, or not include, many pieces of information on your personal account. You can access your account page here. The only information we require is a username, password, and proper billing information (name, address, etc.) so that we can charge your account when you make a purchase.

• E-mail settings

  You can change your e-mail contact settings at any time in the User Management section. We have no interest in sending you emails that you don’t want to read, so please choose how often you would like to hear from us.

Privacy Policy

What is the Winnipeg Free Press’ (FP Canadian Newspapers Limited Partnership, or FPLP) privacy policy?

FPLP recognizes the importance of protecting the privacy of personally identifiable information collected about our customers. This includes subscribers to and users of our services, purchasers of our products, advertisers (including those who advertise in classified ads), contest entrants, and visitors to our website. We adhere to fair information practices and limit the collection, use, and disclosure of personal information which is provided to us, to only that information which is necessary for our business purposes, and to provide services to you.

FPLP collects personal information when we provide our services and our products to our customers and to fulfill administrative functions associated with these services, for example to permit billing, delivery of our newspapers and for marketing and other customer relationship purposes. On occasion, we contract with others to provide these services to you and where we engage agents or contract with others to provide those services, we require those agents to demonstrate a similar commitment to maintaining your privacy.

We do not collect, use or disclose personal information about our customers without the consent of our customers, except where disclosure is permitted or required by law.

Whenever possible, FPLP will limit the use of information for the purpose for which it was collected and where we have identified a new use for that information, we will advise you and where reasonable and necessary secure your consent.

FPLP will retain personal information about customers for as long as is necessary for our business purposes and to comply with any applicable laws governing the retention of records.

When FPLP no longer requires the information for our business purposes or to meet those legal requirements, we will either destroy it or render it anonymous.

Winnipeg Free Press Website

The Winnipeg Free Press is not responsible for the content or the privacy policies of web sites to which it may link.

What information do you collect automatically on your site?

Within the editorial sections of The Winnipeg Free Press site, our web servers record which pages you visit and also the IP address of all our visitors. This information is only used in aggregate (anonymous) form to determine such things as popular pages, routes to our site, etc. This information is used for internal review only and to improve the content of our web site. Note, as part of this process we do not recognise your email address. We also sometimes monitor your browser type, the size of your screen and whether you use cookies. We use this information to help us determine why some people but not others have problems with web sites.

What about cookies and how do you use them?

Portions of The Winnipeg Free Press site use cookies in order to provide you with better service.

A cookie is a small piece of information which a web site stores via your web browser on your PC and which can later be retrieved. Cookies cannot be read by a web site other than the one that set it. None of our cookies will contain information that will enable anyone to contact you via telephone, e–mail, or any other means.

You can configure your browser to notify you when cookies are being placed on your computer. You can also turn them off and delete cookies if you do not want them.

What does The Winnipeg Free Press do with the information it gathers/tracks?

The Winnipeg Free Press may perform statistical analyses of user behavior in order to measure interest in the various areas of our site (for product development purposes) and to inform advertisers as to how many consumers have seen or "clicked" their advertising banners. In this statistical analyses and banner advertisement targeting, we will disclose information to third parties only in aggregate form. Personal information about you as an individual will not be provided to any third party without your consent.

The "email this story" feature is an easy way for Winnipeg Free Press readers to send articles through email. The email addresses that you supply to use this service will not be used for any other purpose.

Links to other websites

Be aware that our websites may contain links to other websites provided and maintained exclusively by third parties not subject to FPLP Privacy Policy. Please review the privacy policies on any external websites to determine their information handling practices.

We place advertising on our websites that originate from third party advertisers. Even though these advertisements are embedded in our website, cookies may be assigned by the advertisers and not FPLP. FPLP does not control these cookies.

Access to Information Procedure

FPLP, on receipt of a written request by a customer and once that customer has verified that they are entitled to the personal information, will provide an opportunity to review any personal information that FPLP may have about that customer with the exception of any information gathered by its journalists and subject to exceptions set out in Section 9 of PIPEDA.

On receipt of written request and verification of the authority of the person to obtain the personal information, FPLP will make every effort to provide an opportunity for the customer to review the information within 30 days of the written request. If FPLP requires additional time to fulfill that request, the customer will be notified that a further period of time will be required to respond and a follow–up date will be given.

Before providing the information to a customer, FPLP will review that information and remove any sensitive commercial information about FPLP’s business practices and any personal information about identifiable third parties whom have not given consent for the information to be disclosed. If appropriate, the customer will be provided with a copy of the information, at the customer’s expense.

Where a customer believes that the personal information collected by FPLP is inaccurate, the customer may request FPLP make corrections to the personal information. FPLP may make the corrections requested. However, if there is a dispute between FPLP and the customer concerning the accuracy of the personal information collected, FPLP will note on the file that the customer disagrees with that personal information. If any third parties have been provided this information, FPLP will make all reasonable attempts to inform third parties of the correction.

Personal Information Complaints

If a customer wants to make a complaint about the manner in which FPLP has used, collected or disclosed personal information the complaint should be directed to the privacy officer. The customer should be assured that the complaint will be investigated and that if necessary the appropriate measures will be taken to correct FPLP’s information handling policies and practices. The complaint should be in writing and sent to 1355 Mountain Avenue, Winnipeg, Manitoba, R2X 3B6.

Any other questions?

If you have questions about our privacy practices, please contact us at FPLP at 1355 Mountain Avenue, Winnipeg, Manitoba, R2X 3B6.

This Policy may be updated and changed periodically. As changes are made to our Privacy Policy, we will post those changes on this page. You are encouraged to review this page regularly for any changes.