TERMS AND CONDITIONS FOR USE FOR THE SALVATION ARMY APP

 

The Salvation Army App (the “App”) provides donors with the opportunity to donate to The Salvation Army’s Christmas Kettle Campaign. The App is intended solely for adult use. Please review the following terms and conditions for access to the App through Devices (as amended from time to time, the “Agreement”). You must read this Agreement, check the tick box and select “Agree” to confirm that (i) you are the age of majority in your Province/Territory; and (ii) you agree with the terms and conditions before you use the App. You may also access and print the current version of these terms and conditions at https://salvationarmy.ca/salvation-army-app.

Defined Terms

In this Agreement:

“App” means the services, features, functionality, content or information of the mobile donation App provided to you in order to make donations via your Device.

“Device” means any mobile device provided by you.

“Licensor” refers to the third party owner and licensor of the App to the TSA.

“TSA” refers to The Salvation Army in Canada, which is operated by The Governing Council of The Salvation Army in Canada.

“Sign-In Credentials” means the information required to access the App.

“you” and “your” mean the person who uses a Device to access the Services through the App.

“we”, “us” and “our” mean TSA.

Term and Conditions of Use

In order to use the App, you represent and warrant that:

  1. you have reached the age of majority in your Province or Territory of residence;
  2. your use of a Device to make donations via the App is voluntary;
  3. you are the legal owner of the Device used to make donations via the App;
  4. you are the holder of the credit card used to make donations via the App;
  5. the information you provide when you create your account and establish your Sign-In Credentials is accurate, true, current and complete;
  6. you will maintain and promptly update your account information and Sign-In Credentials;
  7. you will take responsibility for all donation activities that occur on your account or using your Device and you accept all risks of unauthorized access and use.

Your Responsibilities

You are solely responsible for:

  1. all costs, fees, data plans and related charges associated with your use of the Device to make donations via the App;
  2. any and all instructions given by you or purported to be given by you via the App;
  3. maintaining the integrity and security of your Sign-In Credentials.

Prohibited Activities

You agree that you shall not:

  1. provide untrue, inaccurate or incomplete information about yourself;
  2. access or use the App for an illegal, fraudulent, malicious or defamatory purpose;
  3. use any robot, spider or other indexing device when accessing the App;
  4. do anything that could undermine the security, integrity, effectiveness, goodwill or connectivity of the App (including illegal, fraudulent, malicious, defamatory or other activities that threaten to harm or cause harm to any other person);
  5. copy, reproduce, transfer copies or reverse engineer the App and or disclose or distribute the App to third parties.

Grant of License

TSA, as an authorized distributor of the App, grants you a revocable, non-exclusive, non-transferable license to use the App in accordance with these Terms and Conditions. The Licensor retains at all times all ownership rights, including without limitation, all intellectual property rights, in the App. Nothing in these Terms and Conditions confers any title or ownership of or exclusive rights to any intellectual property or other rights associated with the App.

GENERAL TERMS

No Representations and Warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESNTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE AS TO TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, TSA AND LICENSOR EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE APP.

Functionality and features may vary from time to time and from one Device to another.

  1. TSA may, at any time, for any reason and without prior notice to you:
  2. add, remove or change any part or feature of the App;
  3. suspend or terminate access to the App

Neither TSA nor the Licensor will be responsible for any loss or inconvenience that may result from such addition, removal, change, suspension or termination.

Limitation of Liability

NEITHER TSA NOR THE LICENSOR SHALL BE LIABLE FOR ANY LOSS, HARM, INJURY OR DAMAGE OF ANY KIND WHATSOEVER AND HOWSOEVER CAUSED WHICH ARISES OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP OR THIS AGREEMENT. SUCH LIMITATION OF LIABILITY SHALL INCLUDE BUT NOT BE LIMITED TO LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, AGGRAVATED, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF DATA, EVEN IF WE OR THE LICENSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NEITHER TSA NOR THE LICENSOR SHALL BE LIABILE FOR THE ACTS OR OMISSIONS, NEGLIGENT, WILFUL OR OTHERWISE, OF ANY THIRD PARTY SERVICE PROVIDER WHO PROVIDES PAYMENT PROCESSING OR OTHER SERVICES RELATED TO THE APP.

Release and Indemnity

YOU WILL RELEASE AND INDEMNIFY TSA AND THE LICENSOR FOR ANY CLAIM, COST AND LIABILITY INCURRED AS A RESULT OF (I) YOUR ACCESS TO OR USE OF THE APP, OR (II) OR YOUR BREACH OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Severability

If any provision of this Agreement is found to be invalid or unenforceable, this will not affect the validity or enforceability of the other provisions of this Agreement. Our failure to enforce strict performance of any provisions of this Agreement does not mean we have waived any provision or right. Neither the course of conduct between TSA and you, nor trade practice modifies any provision of the terms and conditions of this Agreement. You may not assign or transfer this Agreement or any of its obligations or rights hereunder to any other person.

Language

You and we have expressly requested that this Agreement and all related documents, including notices, be drawn up in the English language. Vous et nous avons expressément demandé que cette entente et tout document y afférent, y compris tout avis, soient rédigés en langue anglaise. (Quebec only / Québec seulement).

Governing Law

This Agreement is governed by the laws of the Province or Territory in Canada in which you live and the federal laws of Canada applicable therein. If you live outside of Canada, this Agreement will be exclusively governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You and we agree that the courts of the jurisdiction specified above shall have exclusive jurisdiction over each of us for the determination of any matters arising out of this Agreement.

 Privacy Policy Our Commitment

The Governing Council of The Salvation Army in Canada (the “Army”) is committed to protecting the privacy of its donors, customers, clients, volunteers, employees, and members, and has always been concerned with treating personal information carefully and with appropriate confidentiality.

The Army embraces the principles of the Canadian Standards Association Model Code for the Protection of Personal Information to ensure that all personal information is properly collected, used only for the purposes for which it is collected, and is disposed of in a safe and timely manner when no longer required.

The Army carries on a wide variety of activities across Canada including the operation of family service centres, thrift stores, shelters, substance abuse and rehabilitation programs, correctional and justice service programs and community churches.  We couldn’t do what we do without the support of hundreds of thousands of generous supporters.  We value our donors’ trust and recognize that maintaining this trust requires that we be open and accountable in our treatment of the personal information that is shared with us. We do not trade, rent or sell the names of our supporters.

Guiding Principles

The following principles reflect our pledge to safeguard our donor’s personal information:

 

  • We are accountable for your personal information.

 

We are responsible for all personal donor information in our possession.

Personal information is any information that serves to distinguish, identify or contact a specific individual.  Information that is publicly accessible is not considered personal information (e.g. information found in a telephone directory) and, therefore, is not subject to privacy laws or Army policies regarding personal information.

We keep our donors personal information in strict confidence.

Personal information is only used for specifically identified or reasonable purposes, and only authorized individuals within the Army who have valid reasons have access to personal information.  All professional fundraising staff with access to personal donor information are required to sign a privacy and confidentiality statement and to abide by Army privacy and confidentiality policies at all times.

Where we choose to have certain services, such as data processing, provided by third party providers, we select the service providers carefully. We take all reasonable precautions to ensure that the service provider protects your personal information.

  1. We collect, use and disclose personal information only for certain purposes that we identify to you.

The Army captures, uses or discloses personal information during fundraising campaigns only to:

  • Administer your donation
  • Ask you to renew your support for our mission
  • Respond to your information requests
  • Know who our donors are
  • Send you literature about Salvation Army programs
  • Invite you to recognition and information sessions
  • Comply with any legal and/or regulatory requirements
  • Thank you for your support

We obtain personal information about you lawfully and fairly.  Personal information is collected from you directly unless you authorize us to collect it from elsewhere.

Personal information collected will be limited to that required for the purposes identified.

  1. We obtain your consent.

We collect, use or disclose your personal information with your permission.

Your permission may be expressed orally, in writing or may be implied, and you may give it to us orally, electronically or in writing.  The Army may disclose personal information when we believe in good faith that the law requires it.

Regularly, you will be given opportunities to opt out of receiving communication materials from us or you may choose to do so by contacting us at donor_questions@can.salvationarmy.org.

  1. We limit the collection of your personal information.

The Army will limit its collection of personal information to what is required for the purposes identified by us.  We obtain personal information about you lawfully and fairly.

  1. We limit the use, disclosure and retention of personal information.

Personal information will not be used or disclosed for purposes other than those for which it was collected, except with your consent or as required by law.  Personal information will be retained only as long as necessary for fulfillment of those purposes.  When we destroy personal information, we will use safeguards to prevent unauthorized parties from gaining access to that information during the process.

The Army does not trade, rent or sell any personal information to third parties.

The Army’s web pages contain online forms that allow visitors to make a donation. The personal and credit card information provided on these forms is used only to process these donations. Online donations to the Army may be processed through a third party. The security and privacy policies of this third party are available by clicking on the “Privacy Policy” link on the online donation form web page.

  1. Accuracy of your personal information

The Army is committed to maintaining accurate, complete and up-to-date personal information as is necessary for the purposes for which it is to be used.

We rely on our donors to provide us with accurate personal information.  To change or modify any personal information previously provided to the Army, write to us at:  Donor Fulfillment, The Salvation Army Territorial Headquarters, 2 Overlea Blvd, Toronto, Ontario, M4H 1P4 or send an email to donor_questions@can.salvationarmy.org.

  1. We safeguard your personal information

Your personal information is protected with security safeguards appropriate to the sensitivity of the information.

Access to your personal information is restricted to authorized individuals within the Army who have valid reasons to access to personal information.

We maintain appropriate technical and organizational safeguards to protect your personal information against loss, theft, unauthorized access, disclosure, copying, use or modification.

We use password protocols and secure websites to protect the personal information we receive when an online donation is made.  Our software is routinely updated to maximize protection of such information.

  1. We will be open about our privacy practices

The Army will make readily available to you specific information about our policies and practices relating to the management of personal information.  You may request a print version of our Privacy Policy by contacting the Salvation Army unit in your community or the Chief Privacy Officer at The Salvation Army Territorial Headquarters, 2 Overlea Blvd., Toronto, Ontario, M4H 1P4 or send an email to donor_questions@can.salvationarmy.org.

  1. We allow you to access your personal information

You may ask us whether we hold any personal information about you.  You can see that information and ensure that it’s accurate by contacting the Salvation Army unit in your community or the Chief Privacy Officer at The Salvation Army Territorial Headquarters, 2 Overlea Blvd., Toronto, Ontario, M4H 1P4 or send an email to donor_questions@can.salvationarmy.org.

  1. You may register a complaint

You may register a privacy-related complaint by contacting the Salvation Army unit in your community or the Chief Privacy Officer at The Salvation Army Territorial Headquarters, 2 Overlea Blvd., Toronto, Ontario, M4H 1P4 or send an email to donor_questions@can.salvationarmy.org.  We will investigate all complaints.  If a complaint identifies a gap in compliance, we will take appropriate steps to remedy the situation, including changing our policies and practices if necessary.

NOTE:  Personal information relating to volunteers, job applicants, employees and clients are subject to similar protocols.

Contacting the Army

Questions, comments and concerns regarding the handling of personal information may be directed to the Salvation Army unit in your community or the Chief Privacy Officer at The Salvation Army Territorial Headquarters, 2 Overlea Blvd., Toronto, Ontario, M4H 1P4 or send an email to donor_questions@can.salvationarmy.org.

For public relations inquiries, please contact the Army’s Public Relations and Development Department by sending an email to public_relations@can.salvationarmy.org.

If you wish to limit or opt-out of future contact by the Army, please write to us at:  Donor Fulfillment, The Salvation Army Territorial Headquarters, 2 Overlea Blvd., Toronto, Ontario, M4H 1P4 or send an email to donor_questions@can.salvationarmy.org.