LEGAL

  • Your privacy is important to us. It is theSimCal's policy to respect your privacy and comply with any applicable law and regulation regarding any personal information we may collect about you, including across our website, https://www.thesimcal.com/, and other sites we own and operate.

    Personal information is any information about you which can be used to identify you. This includes information about you as a person (such as name, address, and date of birth), your devices, payment details, and even information about how you use a website or online service.

    In the event our site contains links to third-party sites and services, please be aware that those sites and services have their own privacy policies. After following a link to any third-party content, you should read their posted privacy policy information about how they collect and use personal information. This Privacy Policy does not apply to any of your activities after you leave our site.

    This policy is effective as of 01 January 2023.
    Last updated: 20 February 2024

    Information We Collect

    Information we collect falls into one of two categories: “voluntarily provided” information and “automatically collected” information.

    “Voluntarily provided” information refers to any information you knowingly and actively provide us when using or participating in any of our services and promotions.

    “Automatically collected” information refers to any information automatically sent by your devices in the course of accessing our products and services.

    Log Data

    When you visit our website, our servers may automatically log the standard data provided by your web browser. It may include your device’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details about your visit.

    Additionally, if you encounter certain errors while using the site, we may automatically collect data about the error and the circumstances surrounding its occurrence. This data may include technical details about your device, what you were trying to do when the error happened, and other technical information relating to the problem. You may or may not receive notice of such errors, even in the moment they occur, that they have occurred, or what the nature of the error is.

    Please be aware that while this information may not be personally identifying by itself, it may be possible to combine it with other data to personally identify individual persons.

    Personal Information

    We may ask for personal information — for example, when you submit content to us or when you contact us — which may include one or more of the following:

    - Name
    - Email
    - Phone/mobile number
    - Home/mailing address

    User-Generated Content

    We consider “user-generated content” to be materials (text, image and/or video content) voluntarily supplied to us by our users for the purpose of publication on our website or re-publishing on our social media channels. All user-generated content is associated with the account or email address used to submit the materials.

    Please be aware that any content you submit for the purpose of publication will be public after posting (and subsequent review or vetting process). Once published, it may be accessible to third parties not covered under this privacy policy.

    Legitimate Reasons for Processing Your Personal Information

    We only collect and use your personal information when we have a legitimate reason for doing so. In which instance, we only collect personal information that is reasonably necessary to provide our services to you.

    Collection and Use of Information

    We may collect personal information from you when you do any of the following on our website:

    - Register for an account
    - Sign up to receive updates from us via email or social media channels
    - Use a mobile device or web browser to access our content
    - Contact us via email, social media, or on any similar technologies
    - When you mention us on social media

    We may collect, hold, use, and disclose information for the following purposes, and personal information will not be further processed in a manner that is incompatible with these purposes:

    - to provide you with our platform's core features and services
    - to enable you to customize or personalize your experience of our website
    - to contact and communicate with you for advertising and marketing,
    - to enable you to access and use our website, associated applications, and associated social media platforms
    - for internal record keeping and administrative purposes
    - to comply with our legal obligations and resolve any disputes that we may have
    - to attribute any content (e.g. posts and comments) you submit that we publish on our website
    - for security and fraud prevention, and to ensure that our sites and apps are safe, secure, and used in line with our terms of use

    We may combine voluntarily provided and automatically collected personal information with general information or research data we receive from other trusted sources. For example, Our marketing and market research activities may uncover data and insights, which we may combine with information about how visitors use our site to improve our site and your experience on it.

    Security of Your Personal Information

    When we collect and process personal information, and while we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use, or modification.

    Although we will do our best to protect the personal information you provide to us, we advise that no method of electronic transmission or storage is 100% secure, and no one can guarantee absolute data security.

    You are responsible for selecting any password and its overall security strength, ensuring the security of your own information within the bounds of our services. For example, ensuring any passwords associated with accessing your personal information and accounts are secure and confidential.

    How Long We Keep Your Personal Information

    We keep your personal information only for as long as we need to. This time period may depend on what we are using your information for, in accordance with this privacy policy. For example, if you have provided us with personal information as part of creating an account with us, we may retain this information for the duration your account exists on our system. If your personal information is no longer required for this purpose, we will delete it or make it anonymous by removing all details that identify you.

    However, if necessary, we may retain your personal information for our compliance with a legal, accounting, or reporting obligation or for archiving purposes in the public interest, scientific, or historical research purposes or statistical purposes.

    Children’s Privacy

    We do not aim any of our products or services directly at children under the age of 13, and we do not knowingly collect personal information about children under 13.

    Your Rights and Controlling Your Personal Information

    Your choice: By providing personal information to us, you understand we will collect, hold, use, and disclose your personal information in accordance with this privacy policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of our website or the products and/or services offered on or through it.

    Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this privacy policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

    Marketing permission: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.

    Access: You may request details of the personal information that we hold about you.

    Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, please contact us using the details provided in this privacy policy. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading, or out of date.

    Non-discrimination: We will not discriminate against you for exercising any of your rights over your personal information. Unless your personal information is required to provide you with a particular service or offer (for example providing user support), we will not deny you goods or services and/or charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, or provide you with a different level or quality of goods or services.

    Notification of data breaches: We will comply with laws applicable to us in respect of any data breach.

    Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.

    Unsubscribe: To unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details provided in this privacy policy, or opt-out using the opt-out facilities provided in the communication. We may need to request specific information from you to help us confirm your identity.

    Use of Cookies

    We use “cookies” to collect information about you and your activity across our site. A cookie is a small piece of data that our website stores on your computer, and accesses each time you visit, so we can understand how you use our site. This helps us serve you content based on preferences you have specified.

    Please refer to our Cookie Policy for more information.

    Business Transfers

    If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data, including your personal information, among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may, to the extent permitted by applicable law, continue to use your personal information according to this policy, which they will be required to assume as it is the basis for any ownership or use rights we have over such information.

    Limits of Our Policy

    Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.

    Changes to This Policy

    At our discretion, we may change our privacy policy to reflect updates to our business processes, current acceptable practices, or legislative or regulatory changes. If we decide to change this privacy policy, we will post the changes here at the same link by which you are accessing this privacy policy.

    If the changes are significant, or if required by applicable law, we will contact you (based on your selected preferences for communications from us) and all our registered users with the new details and links to the updated or changed policy.

    If required by law, we will get your permission or give you the opportunity to opt in to or opt out of, as applicable, any new uses of your personal information.

    Contact Us

    For any questions or concerns regarding your privacy, you may contact us using the following details:

    hello@thesimcal.com
    https://www.thesimcal.com/contact

  • These Terms of Service govern your use of the website located at https://www.thesimcal.com/ and any related services provided by theSimCal.

    By accessing https://www.thesimcal.com/, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by theSimCal.

    We, theSimCal, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

    These Terms of Service were last updated on 20 February 2024.

    Limitations of Use

    By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

    1. modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
    2. remove any copyright or other proprietary notations from any materials and software on this website;
    3. transfer the materials to another person or “mirror” the materials on any other server;
    4. knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service theSimCal provides;
    5. use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
    6. use this website or its associated services in violation of any applicable laws or regulations;
    7. use this website in conjunction with sending unauthorized advertising or spam;
    8. harvest, collect, or gather user data without the user’s consent; or
    9. use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

    Intellectual Property

    The intellectual property in the materials contained in this website are owned by or licensed to theSimCal and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

    This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by theSimCal at any time.

    User-Generated Content

    You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content, but we do require a license from you in order to use it.

    When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

    The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

    You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.

    Liability

    Our website and the materials on our website are provided on an 'as is' basis. To the extent permitted by law, theSimCal makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

    In no event shall theSimCal or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if theSimCal or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

    In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

    Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

    Accuracy of Materials

    The materials appearing on our website are not comprehensive and are for general information purposes only. theSimCal does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

    Right to Terminate

    We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

    Severance

    Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

    Governing Law

    These Terms of Service are governed by and construed in accordance with the laws of Canada. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

  • We use cookies to help improve your experience of our website at https://www.thesimcal.com/. This cookie policy is part of theSimCal's privacy policy. It covers the use of cookies between your device and our site.

    We also provide basic information on third-party services we may use, who may also use cookies as part of their service. This policy does not cover their cookies.

    If you don’t wish to accept cookies from us, you should instruct your browser to refuse cookies from https://www.thesimcal.com/. In such a case, we may be unable to provide you with some of your desired content and services.

    What is a cookie?

    A cookie is a small piece of data that a website stores on your device when you visit. It typically contains information about the website itself, a unique identifier that allows the site to recognize your web browser when you return, additional data that serves the cookie’s purpose, and the lifespan of the cookie itself.

    Cookies are used to enable certain features (e.g. logging in), track site usage (e.g. analytics), store your user settings (e.g. time zone, notification preferences), and to personalize your content (e.g. advertising, language).

    Cookies set by the website you are visiting are usually referred to as first-party cookies. They typically only track your activity on that particular site.

    Cookies set by other sites and companies (i.e. third parties) are called third-party cookies They can be used to track you on other websites that use the same third-party service.

    Types of cookies and how we use them

    Essential cookies
    Essential cookies are crucial to your experience of a website, enabling core features like user logins, account management, shopping carts, and payment processing.
    We use essential cookies to enable certain functions on our website.

    Performance cookies
    Performance cookies track how you use a website during your visit. Typically, this information is anonymous and aggregated, with information tracked across all site users. They help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience’s overall website experience. These cookies may be set by the website you’re visiting (first-party) or by third-party services. They do not collect personal information about you.
    We do not use this type of cookie on our site.

    Functionality cookies
    Functionality cookies are used to collect information about your device and any settings you may configure on the website you’re visiting (like language and time zone settings). With this information, websites can provide you with customized, enhanced, or optimized content and services. These cookies may be set by the website you’re visiting (first-party) or by third-party services.
    We do not use this type of cookie on our site.

    Targeting/advertising cookies
    Targeting/advertising cookies help determine what promotional content is most relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or limit the number of times you see an advertisement. This helps companies improve the effectiveness of their campaigns and the quality of content presented to you. These cookies may be set by the website you’re visiting (first-party) or by third-party services. Targeting/advertising cookies set by third-parties may be used to track you on other websites that use the same third-party service.
    We do not use this type of cookie on our site.

  • This acceptable use policy covers the products, services, and technologies (collectively referred to as the “Products”) provided by theSimCal under any ongoing agreement. It’s designed to protect us, our customers, and the general Internet community from unethical, irresponsible, and illegal activity.

    theSimCal customers found engaging in activities prohibited by this acceptable use policy can be liable for service suspension and account termination. In extreme cases, we may be legally obliged to report such customers to the relevant authorities.

    This policy was last reviewed on 20 February 2024.

    Fair use

    We provide our facilities with the assumption your use will be “business as usual”, as per our offer schedule. If your use is considered to be excessive, then additional fees may be charged, or capacity may be restricted.

    We are opposed to all forms of abuse, discrimination, rights infringement, and/or any action that harms or disadvantages any group, individual, or resource. We expect our customers and, where applicable, their users (“end-users”) to likewise engage our Products with similar intent.

    Customer accountability

    We regard our customers as being responsible for their own actions as well as for the actions of anyone using our Products with the customer’s permission. This responsibility also applies to anyone using our Products on an unauthorized basis as a result of the customer’s failure to put in place reasonable security measures.

    By accepting Products from us, our customers agree to ensure adherence to this policy on behalf of anyone using the Products as their end users. Complaints regarding the actions of customers or their end-users will be forwarded to the nominated contact for the account in question.

    If a customer — or their end-user or anyone using our Products as a result of the customer — violates our acceptable use policy, we reserve the right to terminate any Products associated with the offending account or the account itself or take any remedial or preventative action we deem appropriate, without notice. To the extent permitted by law, no credit will be available for interruptions of service resulting from any violation of our acceptable use policy.

    Prohibited activity

    Copyright infringement and access to unauthorized material

    Our Products must not be used to transmit, distribute or store any material in violation of any applicable law. This includes but isn’t limited to:

    1. any material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and
    2. any material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.

    The customer is solely responsible for all material they input, upload, disseminate, transmit, create or publish through or on our Products, and for obtaining legal permission to use any works included in such material.

    SPAM and unauthorized message activity

    Our Products must not be used for the purpose of sending unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction (“spam”). This includes but isn’t limited to sending spam, soliciting customers from spam sent from other service providers, and collecting replies to spam sent from other service providers.

    Our Products must not be used for the purpose of running unconfirmed mailing lists or telephone number lists (“messaging lists”). This includes but isn’t limited to subscribing email addresses or telephone numbers to any messaging list without the permission of the email address or telephone number owner, and storing any email addresses or telephone numbers subscribed in this way. All messaging lists run on or hosted by our Products must be “confirmed opt-in”. Verification of the address or telephone number owner’s express permission must be available for the lifespan of the messaging list.

    We prohibit the use of email lists, telephone number lists or databases purchased from third parties intended for spam or unconfirmed messaging list purposes on our Products.

    This spam and unauthorized message activity policy applies to messages sent using our Products, or to messages sent from any network by the customer or any person on the customer’s behalf, that directly or indirectly refer the recipient to a site hosted via our Products.

    Unethical, exploitative, and malicious activity

    Our Products must not be used for the purpose of advertising, transmitting, or otherwise making available any software, program, product, or service designed to violate this acceptable use policy, or the acceptable use policy of other service providers. This includes but isn’t limited to facilitating the means to send spam and the initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing, and denial-of-service attacks.

    Our Products must not be used to access any account or electronic resource where the group or individual attempting to gain access does not own or is not authorized to access the resource (e.g. “hacking”, “cracking”, “phreaking”, etc.).

    Our Products must not be used for the purpose of intentionally or recklessly introducing viruses or malicious code into our Products and systems.

    Our Products must not be used for purposely engaging in activities designed to harass another group or individual. Our definition of harassment includes but is not limited to denial-of-service attacks, hate-speech, advocacy of racial or ethnic intolerance, and any activity intended to threaten, abuse, infringe upon the rights of, or discriminate against any group or individual.

    Other activities considered unethical, exploitative, and malicious include:

    1. Obtaining (or attempting to obtain) services from us with the intent to avoid payment;
    2. Using our facilities to obtain (or attempt to obtain) services from another provider with the intent to avoid payment;
    3. The unauthorized access, alteration, or destruction (or any attempt thereof) of any information about our customers or end-users, by any means or device;
    4. Using our facilities to interfere with the use of our facilities and network by other customers or authorized individuals;
    5. Publishing or transmitting any content of links that incite violence, depict a violent act, depict child pornography, or threaten anyone’s health and safety;
    6. Any act or omission in violation of consumer protection laws and regulations;
    7. Any violation of a person’s privacy.

    Our Products may not be used by any person or entity, which is involved with or suspected of involvement in activities or causes relating to illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who support the above such activities or causes.

    Unauthorized use of theSimCal property

    We prohibit the impersonation of theSimCal, the representation of a significant business relationship with theSimCal, or ownership of any theSimCal property (including our Products and brand) for the purpose of fraudulently gaining service, custom, patronage, or user trust.

    About this policy

    This policy outlines a non-exclusive list of activities and intent we deem unacceptable and incompatible with our brand.

    We reserve the right to modify this policy at any time by publishing the revised version on our website. The revised version will be effective from the earlier of:

    - the date the customer uses our Products after we publish the revised version on our website; or
    - 30 days after we publish the revised version on our website.