Privacy Policy
Effective date: 2nd day of June, 2021
www.nesthq.online (the “Site”) is owned and operated by National Esports Tournament Incorporated (NEST). NEST is the sole data controller.
Purpose
The purpose of this privacy policy (this “Privacy Policy”) is to inform users of our Site of the following:
1. The personal data we will collect;
2. Use of collected data;
3. Who has access to the data collected;
4. The right of Site users; and
5. The Site’s cookie policy.
This Privacy Policy applies in addition to the terms and conditions of our Site.
GDPR
For users in the European Union, we adhere to the Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016, known as the General Data Protection Regulation (the “GDPR”). For users in the United Kingdom, we adhere to the GDPR as enshrined in the Data Protection Act 2018.
We have not appointed a Data Protection Officers as we do not fall within the categories of controllers and processors required to appoint a Data Protection Officer under Article 37 of the GDPR.
Consent
By using our Site users agree that they consent to:
1. The conditions set out in this Privacy Policy.
When the legal basis for us processing your personal data is that you have provided your consent to that processing, you may withdraw your consent at any time. If you withdraw your consent, it will not make processing which we completed before you withdrew your consent unlawful.
You can withdraw your consent by: Info@devnesthq.jupiter-cdn.com.
Legal Basis for Processing
We collect and process data about users in the EU only when we have a legal basis for doing so Under Article 6 of the GDPR.
We rely on the following legal basis to collect and process the personal date of users in the EU:
1. Users have provided their consent to the processing of their data for one or more specific purpose;
2. Processing of user personal data is necessary for us or a third party to pursue a legitimate interest. Our legitimate interest is not overridden by the interests or fundamental rights and freedom of users. Our legitimate interest(s) are: Ensuring deliverables.
3. Processing of user personal data is necessary for us to take, at the request of a user, steps before entering a contract or for the performance of a contract to which a user is a party. If a user does not provide the personal data necessary to perform a contract the consequences are as follows: Unable to fully proceed, inability to fulfill orders, and restrictions from services.
4. Processing of user personal data is necessary for us to comply with a legal obligation. If a user does not provide the personal data necessary for us to perform a legal obligations the consequences are as follows: Unable to fully proceed on requests, or possible cancellation/deletion of account
Personal Data We Collect
We only collect data that helps us achieve the purpose set out in this Privacy Policy.
Data Collected Automatically
When you visit and use our Site, we may automatically collect and store information such as IP address, Location, Hardware and software details, Clicked links, and Content Viewed
Data Collected in a Non Automatic Way
We may also collect the following data when you perform certain functions on our Site such as First and Last Name, Age, Date of Birth, Gender, Email Address, Phone Number, Address, Payment Information, and Auto fill data.
This data may be collected by Creating an account on our Site, signing up for an event, or participating in any occurrences managed by us.
How We Use Personal Data
Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy.
The data we collect automatically is used for the following purposes:
- For statistical analysis and optimization
- To locate and resolve issues users may have on this site.
- To enhance services for in-demand areas
Who We Share Personal Data With Employees
We may disclose user data to any member of our organization who reasonably needs access to user data achieve the purposes set out in this Privacy Policy.
Other Disclosure
We will not sell or share your data with other third parties, except in the following cases;
- If the law requires it;
- If it is required for any legal proceeding;
- To prove or protect our legal proceeding;
- To buyers or potential buyers of this company in the event that we seek to sell the company
- We may disclose profile data, publication data and service data to our partners, suppliers, or subcontractors only as reasonably necessary for our legitimate interests, namely the administration of our website and business.
- Financial transactions relating to our website and services may be handled by our payment services provider, Stripe. We will share transaction data with our payment services providers only to the extent necessary to process your payments, refund such payments, and deal with complaints and queries relating to such payments and refunds. You can find information about Stripe’s privacy policy at https://stripe.com/en-ca/privacy
- We may disclose your personal data to our insurers and/or professional advisers only as reasonably necessary for the purposes of managing risks, obtaining professional advice, or in relation to legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
- We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) only as reasonably necessary for the purposes, and on the legal basis, set out in this policy.
If you follow hyperlinks from our Site to another Site, please note that we are not responsible for and have no control over their privacy policies and practices.
Cancellation and suspension of account
We may:
(a) suspend your account;
(b) cancel your account, and/or
(c) edit your account details
at any time in our sole discretion without notice or explanation.
Your content: license
In these terms and conditions, “your content” means all works and materials (including without limitation text, images, video material, and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
- You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store and, with your specific consent, publish your content on and in relation to this website.
- You grant us the right to sub-license the rights
- You grant us the right to bring an action for infringement of licensed rights
- You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law, you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
- You may edit your content where applicable using our website’s editing functionality.
If you breach any provision of these terms and conditions in any way, or if we suspect that you have breached these terms and conditions in any way, we may delete, unpublish, or edit any or all your content.
How Long We Store Personal Data
User data will be stored until the purpose the data was collected for has achieved.
Applicable Law
These Terms and Conditions are governed by the laws of the Province of Ontario.
Severability
If any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are info@devnesthq.jupiter-cdn.com.
TERMS AND CONDITIONS
These terms and conditions (the “Terms and Conditions”) govern the use of www.nesthq.online (the “Site”). This Site is owned and operated by National Esports Tournament Incorporated. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
Intellectual Property.
All content published and made available on our Site is the property of National Esports Tournament Incorporated (“NEST”) and the Site’s creators. This includes, but is not limited to images, text, logos, document, downloadable files and anything that contributes to the composition of our Site.
Age Restrictions
The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
- Harass or mistreat other users of our Site;
- Violate the rights of other users of our Site;
- Violate the intellectual property rights of the Site owners or any third party to the Site;
- Hack into the account of another user of the Site;
- Act in any way that could be considered fraudulent;
- Post any material that may be deemed inappropriate or offensive; or
- Upload, distribute, create or utilize any malicious software, programs, viruses, trojans, malware, or any other form of unauthorized computer created forms
- Any other uses deemed unacceptable to the company.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
User Contributions
Users may post the following information on our Site:
- Public comments.
By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.
Account
When you create an account on our Site, you agree to the following:
1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Good and Services
These Terms and Conditions govern the sale of goods and services available on our Site.
The following goods are available on our Site:
- Goods and products
The following services are available on our Site:
- Online courses
- Consultation
- Events and Tournaments
The services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.
User Goods and Services
Our Site allows users to sell goods and services. We do not assume any responsibility for the goods and services users sell on our Site. We cannot guarantee the quality or accuracy of any goods and services sold by users on our Site. However, if we are made aware that a user is violating these Terms and Conditions, we reserve the right to suspend or prohibit the user from selling goods and services on our Site.
Subscriptions
If applicable, your subscription automatically renews and you will be automatically billed until we receive notifications that you want to cancel the subscription.
Payments
We accept the following payment methods on our Site:
- Credit Card
- Paypal;
- Debit;
- Direct Debit; and
- Stripe.
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to change the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reserve your transaction.
Your content: license
- In these terms and conditions, “your content” means all works and materials (including without limitation text, images, video material, and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
- You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store and, with your specific consent, publish your content on and in relation to this website.
- You grant us the right to sub-license the rights licensed under Section 2
- You grant us the right to bring an action for infringement of the rights licensed under Section 2
- You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law, you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
- You may edit your content where applicable using our website’s editing functionality.
- If you breach any provision of these terms and conditions in any way, or if we suspect that you have breached these terms and conditions in any way, we may delete, unpublish, or edit any or all of your content.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods;
- Digital
- Physical Delivery via mail carrier (UPS, Purolator, government agencies)
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase.
If you purchase goods from us for delivery to a destination outside Canada your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Consumer Protection Law
Where the Consumer Protection Act. or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Limitation of Liability
NEST and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the Province of Ontario.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate out Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have questions or concerns. Our contact details are info@devnesthq.jupiter-cdn.com
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