LEGAL
This website, www.elementia.art (the "Site"), is operated by Elementia Sound Inc., a company incorporated under the Business Corporations Act (British Columbia), which carries on business under the name ELEMENTIA™, or by any successor to which the operation of the business is transferred from time to time. Any such successor assumes the commitments set out in this policy from the date of transfer, and this policy continues to apply without interruption. We are not obliged to give notice of a transfer, and no transfer affects the ownership of the artistic work, which is dealt with in our Terms of Use.
In this policy, "we", "us", and "our" mean the operator. "You" and "your" mean any individual who visits the Site, subscribes to our mailing list, or corresponds with the studio.
All privacy enquiries, access requests, corrections, and complaints should be sent to studio@elementia.art, or by post to Elementia Sound Inc., 1401-2992 Glen Drive, Coquitlam, British Columbia V3B 0V2, Canada.
Please do not send sensitive information by email. Ordinary email is not a secure medium. Anything you send us by email travels at your own risk, and we accept no responsibility for its interception, loss, or misdirection.
In this policy, "personal information" means information about an identifiable individual, and does not include business contact information used solely to contact an individual in relation to their business role, or information that has been aggregated or de-identified so that no individual can reasonably be identified from it.
This policy describes our general practices. It is not exhaustive, and we may provide additional or more specific notice at the point at which particular information is collected. Where such a notice and this policy differ, the specific notice governs for that collection.
This policy applies to personal information collected through the Site and through correspondence with the studio. It does not apply to:
any third party platform, including Spotify, Apple Music, YouTube, and any social media or messaging service, whether or not linked from the Site. When you follow such a link you leave the Site. Your information is then governed by that platform's own policies and terms, over which we exercise no control, for which we accept no responsibility, and about which we make no representation
information you provide in the course of a confirmed engagement, which is governed exclusively by the separate written agreement for that engagement
information collected about you by any third party, including any person from whom you learned of us
any communication you choose to send us through a channel we have not published
You should read the privacy policy of every third party service you use.
The Site is operated from British Columbia and is intended for individuals in Canada. We make no representation that the Site, or the practices described in this policy, comply with the law of any other jurisdiction. If you access the Site from elsewhere you do so on your own initiative and are responsible for compliance with local law.
We collect only what is necessary for the purposes in section 5.
Information you provide directly. If you subscribe to our mailing list, we collect the email address you enter and, if you choose to give it, your name. If you write to the studio, we collect your email address, your name if given, and the contents of your message, which for an engagement enquiry ordinarily includes the nature of the occasion, the date contemplated, and the location contemplated.
Information generated automatically. Our hosting and infrastructure providers create standard server logs in the ordinary course of delivering the Site. These may include internet protocol address, browser type and version, operating system, device type, referring page, pages requested, and date and time of access.
Information we do not want. We do not collect payment card or banking information through the Site. We do not knowingly collect sensitive personal information, and we ask that you do not send it. In particular, do not send us information concerning your health, any medical, psychiatric, or psychological condition, any disability, your financial circumstances, your beliefs, or any government identifier. If you send such information notwithstanding this request, you do so entirely on your own initiative and at your own risk. We will hold it only so long as necessary to respond and will then destroy it. We do not solicit it, we do not require it, and no engagement depends on it.
Information from other sources. We may receive your name and contact details from a person who refers you to us. Where we do, we rely on that person's representation that you consented to the referral. If you did not, tell us and we will destroy the information.
Your choice not to provide. You are not obliged to give us any personal information. If you choose not to, or if you later withdraw consent, we may be unable to correspond with you, to consider an enquiry, or to arrange an engagement, and we accept no liability for that consequence.
We collect, use, and disclose personal information only for the following purposes:
a. to send periodic communications about recordings, engagements, and the work, where you have given express consent;
b. to receive, assess, and respond to enquiries;
c. to negotiate, arrange, document, and perform an engagement, where one follows;
d. to maintain business, tax, accounting, audit, and insurance records;
e. to operate, maintain, secure, diagnose, and improve the Site, and to carry on the artistic activity to which it relates;
f. to detect, prevent, investigate, and respond to fraud, misuse, security incidents, and unlawful activity;
g. to establish, exercise, or defend legal claims; and
h. to comply with applicable law and with the lawful requests of courts, regulators, and public authorities.
We will not use or disclose personal information for any other purpose without your consent, except where collection, use, or disclosure without consent is permitted or required by law, including the circumstances set out in sections 12, 15, and 18 of the Personal Information Protection Act.
We collect personal information with your knowledge and consent, except where legislation permits or requires otherwise.
Express consent for commercial electronic messages. Subscription requires an affirmative act by you. We do not add addresses obtained from any other source. We do not purchase, rent, harvest, or exchange lists. We do not rely on inferred, bundled, or pre ticked consent.
Implied consent for correspondence. Where you write to the studio, we treat your message as consent to use your information to respond and, where applicable, to arrange the engagement enquired about.
Withdrawal. You may withdraw consent at any time, subject to legal and contractual restriction and on reasonable notice. Every commercial electronic message contains a functioning unsubscribe mechanism, given effect promptly. You may also withdraw consent in writing to the address in section 1.
Withdrawal does not affect the lawfulness of anything done before it, does not oblige us to delete records we are required by law to retain, does not oblige us to delete records reasonably required to establish, exercise, or defend a legal claim, and may prevent us from continuing to deal with you.
We do not rely on your silence or inaction as consent to anything.
We do not sell personal information. We do not rent, trade, or licence it, and we do not disclose it to any third party for that party's own marketing.
Service providers. We disclose personal information to providers performing functions on our behalf, and only so far as necessary for those functions. These currently comprise website hosting and infrastructure, email delivery, form handling, and, in connection with a confirmed engagement, payment processing. Providers are engaged on terms requiring them to safeguard the information and to use it only for the purposes for which it was disclosed. We are not responsible for any act or omission of a provider beyond our reasonable control.
Professional advisers. We may disclose personal information to legal, accounting, and insurance advisers where necessary, subject to duties of confidence.
Business transactions. Personal information may be disclosed to a party to a prospective or completed business transaction, including a reorganisation, financing, sale of assets, or a transfer of the business, where the information is necessary to determine whether to proceed and, if it completes, to carry on the business. Disclosure is made on terms restricting use to those purposes.
Legal requirements. We may disclose personal information where required or permitted by law, including in response to a subpoena, warrant, production order, or other lawful demand, or where necessary to protect the rights, safety, or property of any person. Where we are prohibited from notifying you of such a demand, we will not do so.
Certain providers store and process information on servers outside Canada, including in the United States and the European Union.
Information held in a foreign jurisdiction is subject to the laws of that jurisdiction, and may be accessed by the courts, law enforcement agencies, regulators, and national security authorities of that jurisdiction, in some circumstances without notice to you and without your consent. We exercise no control over such access and accept no liability for it.
By subscribing or corresponding with the studio you acknowledge this. If you prefer that your information not be stored outside Canada, tell us in writing, and we will tell you what we can and cannot accommodate. We may be unable to accommodate the request, in which case we may be unable to deal with you.
Questions about our practices in respect of providers outside Canada may be sent to the address in section 1.
We retain personal information only as long as necessary for the purposes for which it was collected, or as required by law, whichever is longer. Our current schedule:
Mailing list. Until you unsubscribe. A minimal suppression record is kept indefinitely thereafter, solely so that you are not contacted again in error. This is itself a protection.
Enquiries not resulting in an engagement. Two years from last correspondence, then destroyed.
Records of a confirmed engagement. Seven years following the end of the applicable fiscal period, consistent with the Income Tax Act (Canada) and applicable limitation periods.
Server logs. According to the standard practice of the relevant provider, over which we exercise no control.
Where we have used personal information to make a decision that directly affects you, we retain that information for at least one year after the decision, so that you have a reasonable opportunity to obtain access to it.
Information is destroyed, erased, or made anonymous when retention is no longer required. Destruction may not extend to routine backups, archives, or logs from which selective deletion is not reasonably practicable, and which are themselves overwritten in the ordinary course.
We protect personal information by security arrangements appropriate to its sensitivity, including access limited to those who require it, encrypted transmission for the Site and its forms, and the selection of providers who maintain their own security programs.
No method of transmission over the internet, and no method of electronic storage, is completely secure. We do not warrant the security of any information transmitted to or held by us, and any transmission is at your own risk.
Any person acting for us who has access to personal information is bound to keep it confidential and to use it only for the purposes set out in this policy.
Aggregated and de-identified information. We may create, retain, use, and disclose information that has been aggregated or de-identified so that no individual can reasonably be identified from it, for any lawful purpose and without limit of time. Such information is not personal information and is not subject to this policy.
If a privacy breach occurs that creates a real risk of significant harm, we will notify affected individuals and the appropriate regulator as and to the extent required by applicable law. Nothing in this paragraph creates any obligation beyond what the law requires, and notification is not an admission of fault or liability.
We make reasonable efforts to keep personal information sufficiently accurate and complete for the purposes for which it is used. We are not responsible for the accuracy of information you provide, and we do not independently verify it.
On written request to the address in section 1, and subject to the exceptions the law permits, we will:
a. tell you what personal information we hold about you;
b. tell you how it has been and is being used;
c. tell you the names of the individuals and organisations to whom it has been disclosed;
d. provide access to it; and
e. correct it where you demonstrate that it is inaccurate or incomplete.
We will respond within thirty days of receiving the request, or will notify you within that period of an extension the legislation permits. We may require information sufficient to verify your identity, and will use that information only for that purpose.
Access may be refused, in whole or in part, where the law requires or permits refusal, including where disclosure would reveal personal information about another individual, would reveal confidential commercial information, is subject to solicitor and client privilege, relates to an investigation or legal proceeding, or where the request is frivolous or vexatious. Where we refuse we will give reasons and tell you how to complain.
We do not charge for a routine access request by an individual to their own personal information. Where a request is not routine, we will provide a written estimate before proceeding, as the legislation permits.
The Site uses only what is necessary for it to function and, where enabled, a limited measure of aggregate traffic.
We do not use advertising or cross site tracking cookies. We do not display advertising. We do not build marketing profiles of visitors. We do not permit third parties to collect information through the Site for their own purposes.
Most browsers allow you to refuse or delete cookies, and the Site remains usable if you do. Because no consistent standard exists for the interpretation of browser "do not track" signals, we do not represent that we respond to them.
The Site is intended for adults, is not directed at children, and is not designed to appeal to them. We do not knowingly collect personal information from any individual under the age of majority in their jurisdiction of residence, and we ask that no such individual send us any. If you believe we hold such information, write to the address in section 1 and we will destroy it promptly.
The Site contains links to third party websites and services, provided for convenience only. We do not control them, do not endorse them, do not monitor them, and are not responsible for their content, availability, security, or practices. This policy does not apply to them.
We may amend this policy at any time. The date above shows when it was last changed. Where an amendment is material we will indicate as much on this page. Where an amendment would materially change the purposes for which we use personal information already collected, we will seek fresh consent.
Your continued use of the Site after an amendment takes effect constitutes acceptance of it. You should review this page periodically.
If you are dissatisfied with our handling of your personal information or of a request, write first to the address in section 1, and we will investigate and respond.
If you remain dissatisfied you may complain to the Office of the Information and Privacy Commissioner for British Columbia, or, where the federal Act applies, to the Office of the Privacy Commissioner of Canada. Nothing in this policy limits your right to do so.
Successors. This policy binds and benefits our successors and permitted assigns.
Precedence. Where anything said elsewhere by us, whether on the Site, in correspondence, or otherwise, is inconsistent with this policy, this policy governs, except where a specific collection notice applies as described in section 1.
Language. This policy is drawn in English. Where it is translated, the English version governs in the event of any inconsistency.
This policy sets out our practices. It is a statement of practice and not a contract, and it does not create, and is not intended to create, any right or cause of action that does not otherwise exist at law.
All privacy enquiries, access requests, corrections, and complaints:
Elementia Sound Inc.
1401-2992 Glen Drive
Coquitlam, British Columbia V3B 0V2
Canada
studio@elementia.art