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.
1. Defined Terms. In this Agreement,
“Device” means any mobile device provided by you.
“TSA” refers to The Salvation Army in Canada, which is operated by The Governing Council of The Salvation Army in Canada.
“Services” means the services, features, functionality, content or information that we offer through the App, including Third Party Content.
“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.
2. Voluntary Participation. Your use of a Device to access certain Services through the App is voluntary. You may be able to access certain Services without using the App. If you choose to use your Device to access the Services by installing the App, you warrant that you are the legal owner of your Device.
3. Changes to the Services. You understand that we may add, remove or change any part or feature of the Services, without giving you notice. This Agreement applies to any of the Services (or parts or features thereof) added or changed by us. We can terminate (either all or part of) this Agreement or suspend or terminate your access to any of the Services immediately for any reason whatsoever at any time without prior notice. We will not be responsible for any loss or inconvenience that may result in such suspension or termination.
4. Use/Instructions. You may be required to provide Sign-In Credentials to access the App. Once the App has been accessed, you authorize us to accept and you agree to be responsible for any instruction given by you or purported to be given by you. Any instruction will have the same legal effect as if it was written instruction and signed by you.
5. Compliance with this Agreement, Applicable Laws, etc. Your use of any Device to access the App must comply with this Agreement and all applicable laws.
6. Prohibitions. You will not:
i. provide untrue, inaccurate or incomplete information about yourself;
ii. access or use the Services for an illegal, fraudulent, malicious or defamatory purpose;
iii. use any robot, spider or other indexing device when accessing the App or the Services;
iv. use any part of the Services to provide Internet, service bureau, outsourcing or third-party services or redistribute all or any part of the Services;
v. take steps or actions that could or do undermine the security, integrity, effectiveness, goodwill or connectivity of the App or the Services (including illegal, fraudulent, malicious, defamatory or other activities that threaten to harm or cause harm to any other person); or
vi. reverse engineer the source code for the App.
7. Different Availability. Not all of the same functionality or features may be accessible or available for all Services or Devices or at all times. Services will be provided in English and French. Where the language setting in your Device is other than English or French, Services will be provided in English.
8. Notifications. You authorize us to send push notifications to your Device in relation to your Services. In order to enable or to disable push notifications, you must adjust the settings on your Device. You understand that push notifications are unsecure and not encrypted and can be read by others if you allow them to view your Device. We provide push notifications for convenience purposes only.
9. Costs, Fees and Related Charges. You are responsible for all costs, fees, data plans and related charges associated with your use of Device(s) and they are not reimbursable by TSA.
10. Security.
(a) If you choose to share your Sign-In Credentials, you understand that we will not be responsible to you for any losses that may result from you sharing your Sign-In Credentials.
(b) The security of your information depends on you using safe practices. You agree that when using the App or Services, you will take all steps necessary to make sure that you do not reveal any confidential information to anyone, other than through the App or Services for the purposes of the accessing the Services. This includes making sure that other people cannot see the screen or key pad on your Device. In addition:
i. you must sign out after each session to prevent anyone else from accessing your App. If you do not sign out of the App, you will remain signed into the App until the earlier of:
1. the time you sign out; and
2. 30 days from the time you signed into the App;
ii. you must not leave your Device unattended while logged into the App and you must use reasonable steps and precautions to protect your Device against loss or theft;
iii. you agree to implement and maintain reasonable security measures which include up-to- date virus scanning software and a firewall system, if such security measures are available for your Device;
iv. you agree to comply with any additional security requirements that we may require in connection with the Services.
11. Third Party Service Providers.
(a) You understand and agree that: (i) we may use Third Party Service Providers to provide or to assist us in providing the Services; and (ii) other than our subsidiaries or affiliates, we do not sponsor or endorse any Third Party Service Providers nor are we affiliated or associated with any such Third Party Service Providers.
(b) You will:
· use Third Party Content solely for your own personal non-commercial use;
· not sell or otherwise distribute Third Party Content or information derived therefrom;
· not permit use of any Third Party Content by any third party; or
· not provide or make available any Third Party Content to any provider of products or services similar to those products and services provided by the Third Party Service Providers.
(c) Third Party Service Providers do not guarantee the correctness of the Third Party Content and shall have no liability for any loss or damage (including, without limitation, any indirect or consequential damages): (i) caused by errors or interruptions and/or errors in the functioning of the services that transmit the Third Party Content; or (iii) resulting from any use of the Third Party Content.
(d) In no event, even if any Third Party Service Provider is negligent, will the Third Party Service Provider be liable for any losses or damages, including any loss of data, or any direct, incidental, indirect, consequential, special, aggravated, punitive or exemplary or similar damages whatsoever, in whole or in part (including any business interruption, loss of profits, data, information, opportunity, revenues, goodwill or any other commercial or economic loss) caused to or otherwise suffered by you, including any such losses or damages based upon, arising from or in connection with the Services, including your use or receipt of the Services or any action or decisions made by you in reliance on the Services, the App, including your use of the App, and this Agreement, in each case in whole or in part, regardless of the cause of action, even if any Third Party Service Provider has been advised of the possibility of such damages.
(e) You expressly understand and agree that Third Party Content is provided on an “as-is” and “as available” basis and Third Party Service Providers expressly disclaim all warranties, whether express or implied, including, without limitation, any warranties in regard to accuracy, completeness, merchantability or fitness for a particular purpose in connection with any Third Party Content.
(f) Third Party Service Providers retain at all times all ownership rights, including without limitation, all intellectual property rights, in Third Party Content, and their trademarks and logos subsisting on each screen made available through our App. Nothing in this Agreement or on our Services is to be interpreted as conferring any right for you to: (i) use Third Party Content in any way other than as expressly permitted in this Agreement; or (ii) use any trademarks or logos of Third Party Service Providers.
(g) You also authorize any Third Party Service Provider who works with or for us in providing you with a particular Service to use information or any content you may provide while using the Service in question for preparing, using and distributing statistical, profiling, performance or operational reports about such Service, provided that if such reports are distributed to a participant in such Service other than us, the information contained in all such reports will not be attributable to you.
13. TSA Ownership. We retain at all times all ownership rights, including without limitation, copyright, in the App. You agree not to copy, reproduce, transfer copies or reverse engineer the App and not to disclose or distribute the App to third parties. We have no obligation to provide any training, maintenance, or other assistance for the App. We are the owner of all intellectual property rights subsisting on each screen made available through our App. Unless otherwise indicated, trademarks and logos, and all works, including texts, images, illustrations, software, HTML codes, audio clips and videos appearing on our Services are our property and without our express written permission, may not be reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part, in any form whatsoever, except for personal and non-commercial use, including viewing, printing or archiving of electronic copies of your App activities, in accordance with this Agreement and as we may further instruct you. Nothing in this Agreement or on our Services is to be interpreted as conferring a right to use our works, trademarks or logos in any other way.
14. A. Liabilities.
You are solely responsible for all information or content that you input into the App.
We will not be responsible for any loss, harm, injury, damage, delay or inconvenience suffered or incurred by you with respect to: (i) this Agreement or the Services; or (ii) any instruction given to, by or purported to be given by you in connection with the Services.
In no event, even if we are negligent, will we be liable for any loss of data, or any incidental, indirect, consequential, special, aggravated, punitive or exemplary or similar damages whatsoever, in whole or in part, (including any business interruption, loss of profits, data, information, opportunity, revenues, goodwill or any other commercial or economic loss), caused to you, regardless of the cause of action, even if we have been advised of the possibility of such damages.
In addition, in no event, even if we are negligent, will we be liable for any loss or damage suffered by you that is caused by:
(a) the actions of, or any failure to act by a Third Party Service Provider (and no Third Party Service Provider will be considered to be acting as our agent);
(b) mistakes, errors, omissions, inaccuracies or other inadequacies of, or contained in any data given by you to us, to any Third Party Service Provider (including your failure to update);
(c) mistakes, errors, omissions, inaccuracies or other inadequacies of, or contained, in the Services (including the any failure to update);
(d) any delay, error, interruption or failure by us or any Third Party Service Provider to perform or fulfill any of our obligations to you due to any cause beyond our control, any system malfunctions or any technical failures;
(e) unsecured communication being inaccurate, intercepted, reviewed or altered by others;
(f) your use of the Services, including, without limitation, any delay or inability to access or use the Services;
(g) your failure to receive or view a push notification that has been presented to you, and we will not be responsible for any delay, damage or inconvenience that such failure may cause; or
(h) your failure to fulfill any of your obligations under this Agreement including those in Section 10 (Security) or to comply with any instructions we may provide to you from time to time in connection with the Services.
B. Release/Indemnities. Except with respect to claims, costs and liabilities arising because of our negligence, you will release and indemnify us and any other person for any claim, cost and liability incurred as a result of (i) your access to or use of the Services, or (ii) or your breach of the terms and conditions of this Agreement.
15. App. The following terms apply if you download the App:
We grant you a non-exclusive and non-transferable single-user (non-concurrent) license to use the App that you download and install, in accordance with this Agreement. We may at any time, and at our sole discretion restrict or terminate your ability to access the App.
We may end the terms relating to the App in this Section 15 at any time on notice to you. On the ending of this Agreement, you will destroy or return all copies of the App or of any documentation for it then in your possession. The grant of this license in this Section 15 may not be assigned by you unless agreed upon in writing by us.
16. No Representations or Warranties. TSA is providing you with the App and the Services on an “as is” and “as available” basis and does not make any representations or provide any warranties concerning them. Without limiting the foregoing, TSA expressly disclaims all warranties with respect to the App and Services. You are solely responsible for taking appropriate precautions relating to the use and safety of your Device and TSA is not responsible for any damage caused to you or your Device as a result of the installation and use of the App. TSA is not responsible for any breach of contract between you and any third party. Without limiting the generality of the foregoing, TSA is not liable for any breach by you of (1) any agreement with the manufacturer of your Device or its operating system; (2) the terms and conditions related to the applications and software you download and/or install on your Device and (3) the terms and conditions of a Third Party Service Provider or any other service used or accessed in connection with your use of your Device.
18. 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).
19. 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.
20. 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:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.