AND Agency Inc.
Acceptable Use Policy

Last Modified: May 2, 2020

This Acceptable Use Policy (this “Policy”) outlines unacceptable use of AND Agency’s software and platforms which interact with, or access, the Internet (the “Services”). This Policy is in addition to any other terms and conditions under which AND Agency Inc. (“AND Agency”) provides the Services to you (the “Agreement”).

AND Agency reserves the right to modify or change this Policy at any time by posting a new version of this Policy on the AND Agency website. Unless otherwise noted, revisions are effective immediately on posting. Accordingly, we recommend that you visit the AND Agency website regularly to ensure that your activities conform to the most recent version.

  1. Prohibited Uses
    1. You may use the Services only for lawful purposes and in accordance with this Policy, our Anti-Spam Policy, and the Agreement. You agree not to use the Services:
      1. In any way that violates any applicable law or regulation, including without limitation, any anti-spam, privacy and/or data protection laws or regulations.
      2. To send, knowingly receive, upload, download, publish, display, or otherwise use any data, content or material that violates or infringes the rights, including any copyrights, trademarks, patents, trade secrets or other intellectual property rights and/or privacy rights, of any individual or entity in any jurisdiction.
      3. To transmit surveys, forms, data or other content that is intended to deceive or mislead respondents or others. Without limiting the foregoing, you may not claim that any use of the Services, including a survey or form, is anonymous when it is not.
      4. To impersonate or attempt to impersonate any person or entity.
      5. To collect or attempt to collect information by deceit, including by phishing or any other form of Internet fraud.
      6. To collect or attempt to collect social security/insurance numbers, credit card numbers, passwords or other types of sensitive information.
      7. To distribute software that covertly gathers information about a user or covertly transmits information about a user, without authorization.
      8. To knowingly and artificially boost or inflate a website or webpage’s search engine ranking.
      9. To host content that is downloadable, live-streamed, or merely intended to solicit clicks or send links to other sites.
      10. To interfere, or attempt to interfere, with the operation of any system or network, including by mail bombing, flooding and/or deliberate attempts to overload such system or network.
      11. To engage in any other activity or conduct that interferes with the Services or restricts or inhibits any other user’s use of the Services.
    2. You are responsible for complying with all applicable data protection laws and regulations with respect to any personal data that you collect through or submit to the Services. You must disclose your privacy practices when you use the Services and act in accordance with those practices. Without limiting the foregoing, you must not use the Services to collect personal data without appropriate consent or authorization, or to publish or disclose an individual’s personal data, including sensitive personal identifying information, against their wishes.
  2. Content Standards
    1. You agree not to use the Services to send, knowingly receive, upload, download, copy, publish, display, or otherwise use any data, content or material that we reasonably believe:
      1. Is defamatory, obscene, indecent, abusive, threatening, harassing, violent, racist, hateful, inflammatory, or otherwise offensive or objectionable.
      2. Is discriminatory, or promotes discrimination, based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender, disability, or any other protected ground under applicable law.
      3. Constitutes or promotes sexually explicit or pornographic material.
      4. Advocates, incites, promotes, furthers or assists any act of violence, self-harm, harassment, bullying, property damage or other unlawful activity.
      5. Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity, or improperly exposes confidential or proprietary information of another person or entity.
      6. Violates the legal rights, including the rights of personality, publicity and privacy, of others.
      7. Is intended or likely to deceive or mislead any person or entity.
      8. Impersonates any person or misrepresents your identity or affiliation with any person or entity.
      9. Gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
      10. Is otherwise illegal or solicits or promotes conduct that is illegal.
  3. Monitoring and Enforcement
    1. Violations of this Policy may result in:
      1. removal of offending content or materials;
      2. suspension or termination of your access to and use of all or part of the Services; and/or
      3. any other action we deem necessary or appropriate in our sole discretion to address the violation, including referral to law enforcement and/or governmental authorities. Violators may also be subject to civil or criminal liability under applicable law.
  4. Incident Reporting
    1. If you identify behaviour or content which you believe is in violation of this Policy, or you have any questions about this Policy, please contact AND Agency at info@andishere.com, and where possible, include details that would assist AND Agency in investigating and resolving the issue.