Privacy Policy

Lobster PEI is committed to protecting the privacy of all individuals who visit its website found at www.lobsterpei.ca (“the Site”) and who use the services found on the Site. This policy covers the treatment of personally identifiable information (“Personal Information”) gathered by Lobster PEI when users are accessing the site. Lobster PEI is committed to collecting, using and disclosing Personal Information provided to us in compliance with all applicable federal and provincial privacy laws in Canada (“Privacy Legislation”).

What is Personal Information?

Federal privacy legislation, the Personal Information Protection and Electronic Documents Act (PIPEDA), applies to “personal information” about an “identifiable individual” but does not include name, title, business address, and business phone number used for business purposes.

Accordingly, the term “Personal Information” within this Privacy Policy means information about an identifiable individual, but does not include publicly available information such as a public directory listing of an individual’s name, position name or title, business telephone number, business address, business e-mail, business fax number and other similar business information (as long as such information is used for contacting the individual in relation to the individual’s business responsibilities and for no other purpose); or aggregated information that cannot be associated with a specific individual.

Personal Information Collected Through Website

A visitor to the Site does not automatically provide Lobster PEI with Personal Information. However, the Lobster PEI web server may collect and retain certain information related to a computer’s visit to the Site such as the IP address and domain used to access the Site, the type and version of the browser used to access the Site, the date and time of the visit, the page that the Site was entered and exited by; and the address of any referrer website if the visiting computer was referred to the Site by a search engine or other website. Lobster PEI automatically collects and receives information from your computer or mobile device, including type of hardware, information obtained by cookies and traffic data to better understand user needs, diagnose problems, analyze trends, provide services, better understand and market to our residents and visitors, and improve the features we offer.

Lobster PEI also makes use of non-identifiable information gathered for statistical purposes to keep track of the number of visits to the Site pages with a view to introduce improvements and improve usability of our services and products.

The Site uses Google Analytics to record the IP addresses of computers that connect to the Site. Google Analytics uses these IP addresses to generate geographically related statistics which assist Lobster PEI with the administration of the Site. Lobster PEI does not attempt to link the IP addresses of the computers that have visited the Site with the identities of individuals.

More information regarding Google Analytics can be found at https://www.google.com/intl/en/analytics/privacyoverview.html.

The Site also uses “cookies” which are small data files transferred to a user’s hard drive by the web browser when a user visits the Site. A transferred cookie can only be read by the Site when a user returns to the Site. Cookies are used to identify users and track their preferences so that a user’s experience with the Site may be customized accordingly. If a user does not want to have a cookie placed upon their hard drive by the Site, most web browsers allow users to change this preference to disallow cookies; however, note that this could change the functionality of the Site.

Your IP address and other relevant non-identifiable information may be used in order to trace any fraudulent or criminal activity.

Linking to Third-Party Websites

The Site may contain links to third-party websites. These links are provided solely as a convenience to visitors to the Site and not as an endorsement by Lobster PEI of the contents of such third-party sites. Lobster PEI disclaims all responsibility for the privacy practices, policies, or other privacy related matters associated with the third-party websites to which the Site is linked.

Lobster PEI recommends that visitors who link to third-party websites through the Site thoroughly review the privacy policies of those third-party websites prior to providing personal information.

When Does Lobster PEI Collect, Use and Disclose Personal Information?

Contact

Lobster PEI collects Personal Information submitted by visitors to the Site through the “contact” portion of the Site.

This Personal Information is used by Lobster PEI to establish or manage its relationship with users of the Site, to respond to queries of users of the Site and to provide requested information and services. Lobster PEI restricts the collection of personal information to that which is necessary for the identified purposes.

Newsletter

Lobster PEI collects Personal Information submitted by visitors to the Site through the Newsletter portion of the Site.

This Personal Information is used by Lobster PEI to provide visitors to the site who opt in with information on activities, events and news from Lobster PEI through a regularly emailed newsletter. Visitors may opt out of receiving theses communications at any time.

Other

Other parts of the website may be used to provide services to members from time to time, such as membership fee payment, registration for events, and other purposes.

This Personal Information is used Lobster PEI for the purposes outlined in the specific pages or areas of the Site where such information is requested.

Providing Consent

By providing Personal Information to Lobster PEI through the Contact link on the website, through the Newsletter or by voluntarily providing Personal Information elsewhere on the Site, your consent to Lobster PEI using that Personal Information for the identified purposes is implied by Privacy Legislation.

When We May Share Personal Information

Except as provided in the next paragraphs and elsewhere in this Privacy Policy, Lobster PEI does not divulge any Personal Information gathered to third parties.

Notwithstanding anything in the Privacy Policy to the contrary, we may share any information we have collected about you or that you have submitted:

• when you explicitly consent to the disclosure of such information to a third party when connecting to a third-party service that asks you if you consent to such sharing;
• where we are legally required to do so, such as in response to court orders or legal process, or to establish, protect, or exercise our legal rights or to defend against legal claims or demands; or
• if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person.

Subject to obligations consistent with this Privacy Policy, we may also disclose information to our affiliates, agents, contractors, and service providers in order to provide you services, such as processing transactions, fulfilling requests for information, or providing support services or other tasks.

Promotional & Contest Rules

• Applies for when a Lobster PEI managed contest (via this site or other third parties) is running.

NO PURCHASE NECESSARY TO ENTER OR TO WIN. VOID WHERE PROHIBITED. PARTICIPATION IN THE PROMOTION CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE OFFICIAL RULES.

The owner and facilitator of Contests is Lobster PEI, referred to herein as “Sponsor”. Individuals who participate in Contests and submit an entry are referred to herein as an “Entrant.” The Sponsor has partnered with a third party marketing agency to manage various aspected of Contest, and this third party will be referred to as “Contest Administrator”.

By participating in Contest, Entrants agree to abide by these Official Terms and Conditions.

1) ELIGIBILITY:
Contest is open only to individuals who are at least nineteen (19) years of age on the entry date, and who are legal Canadian residents or American residents. Contest subject to all provincial, territorial and state laws; i.e. residents of Quebec are not eligible to enter. Employees of Sponsor and their immediate families (spouse, domestic partner, parents, legal guardians, grandparents, grand children, siblings, children and “step” of each) and those individuals living in their same household, are not eligible to enter or win. Entrants also agree that this Contest, and all applicable written/verbal communication, is only to be provided in English.

2) CONTEST PERIOD:
Contest period is listed within the official Contest entry instructions. Please refer to said instructions for official timelines.

3) HOW TO ENTER:
Additionally, entry into Contest is included within instructions; refer to said instructions for entry steps.

4) PRIZES:
Prizes differentiate per Contest; all prizes stated as is with no substitutions; no cash value. -Any unclaimed and/or unused prize element will remain the property of Sponsor; Entrants have up to 30 days after the Contest Period to claim their prize.

5) WINNER SELECTION AND WINNER NOTIFICATION:
Contest Administrator will randomly select one winner per Contest and entry method. Potential winners will be notified by the Contest Administrator by responding to Entrant’s entry method via the applicable social platform, or via email if entered via that method. Contact will occur within approximately five (5) to seven (7) days following the applicable Contest drawing that he/she is the potential winner of a prize. Each potential winner will be asked to respond via email correspondence with Contest Administrator at charlotte @ lobsterpei.ca. A subsequent email from the Contest Administrator will be sent to the winner for confirmation of their full name, mailing address, phone number, plus any other information that is deemed important by the Contest Administrator in relation to all prize redemption.

If any potential prize winners do not respond to the notification direct message or e-mail, the Contest Administrator will declare the potential winner(s) to be disqualified from the applicable contest and to be ineligible to receive the prize(s) in the applicable contest for which he/she was eligible, and the disqualified potential prize winner(s) then will have no claim against Sponsor or Contest Administrator in respect of the applicable contest or the prize which he/she might otherwise have won. In event of unclaimed prizes, no alternate prize winners will be selected by the Contest Administrator from eligible entries, and these remaining prizes will return to Sponsor unclaimed.

Odds of winning a prize will depend on the number of eligible entries received in the applicable contest which are determine to be new entrants via the entry methods prior to the end of the applicable contest duration.

6) ADDITIONAL PRIZE RESTRICTIONS/CONDITIONS:
(a) Prize transfers are not allowed, except with the express consent of Sponsor (which may be withheld for any reason). Prizes must be accepted as awarded as-is and no substitutions, exchange, or conversion to cash will be made.

(b) By participating in the Contest, each potential winner releases and agrees to indemnify and hold harmless Sponsor and the Contest Administrator, and each of those entities’ respective parent companies, subsidiaries, affiliates, franchisees, successors, independent contractors, and all of those entities’ respective directors, officers, employees, representatives and agents from and against any and all liability for any and all costs, injuries, losses or damages of any kind, including, without limitation, death and injury and property loss or damage, illness, due in whole or in part, directly or indirectly, to participation in the Contest, or arising out of participation in any Contest-related activity, or due or related to the acceptance, receipt, use or misuse of the whole or any part of any prize or prize-related activity (including any activity related thereto), or the use by Sponsor or its designees of any entry or component thereof. The potential winners waive the right to assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize, and any claim respecting liability and publicity which might arise from redeeming or seeking to redeem that prize. As well, by participating in the Contest, each Entrant releases the Contest Administrator from any direct or indirect errors specific to deeming if the Entrant is a new follower or subscriber based on the contest entry methods. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, ON THE PART OF SPONSOR, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

(c) By participating in the Contest, each potential winner agrees to the use (but not the obligation to use) by Sponsor of his/her name, photograph, voice, and image, along with (or without) his/her address (town/city and Province) and to the use (but not the obligation to use) by Sponsor of any statements made by or attributed to him/her in or in connection with the Contest, or the prize, or both, in any and all media (including, without limitation, print, broadcast and Internet) now known or hereafter devised, worldwide, in perpetuity, in any language and throughout the universe for advertising, promotional, publicity or any other purposes as determined by Sponsor, in its sole discretion, in connection with the Contest and in other promotions conducted by Sponsor, or its parent, subsidiaries or affiliates, without further compensation, notice, approval or authorization, and hereby releases Sponsor and its parent company, subsidiaries, affiliates, franchisees, successors, assigns, local corporate and non-corporate advertising cooperatives, advertising, promotion and public relations agencies (i.e. Contest Administrator), service agencies and independent contractors, and all of those entities’ respective directors, officers, employees, representatives and agents, from any claims or liability arising out of or with respect to such use, if any.

(d) A potential winner may be required to provide Sponsor and/or the Contest Administrator with proof that the potential winner is the authorized account holder of an e-mail address or the social media platform used to enter Contest.

7. GENERAL CONDITIONS:
(a) All decisions of Sponsor and the Contest Administrator concerning any matter involved in the Contest are final and binding in all respects, and all eligible persons who enter the Contest agree to abide by all of the instructions and decisions of Sponsor and the Contest Administrator. In the event of any dispute regarding the interpretation of any provision of these Official Rules, the decision or interpretation of Sponsor in that regard shall be final and binding upon all persons who enter the Contest.

(b) Participation in the Contest is subject to Sponsor’s Privacy Policy and to the Terms of Use of Releasees websites. IF YOU DO NOT AGREE TO THE PRIVACY POLICY AND TERMS OF USE OF RELEASEES WEBSITES, DO NOT ENTER THE CONTEST, PROVIDE ANY INFORMATION ON THE WEBSITE(S) OR OTHERWISE USE THE WEBSITE(S) AS IT RELATES TO THE CONTEST.

(c) Sponsor and Contest Administrator are not responsible for lost, late, incomplete, illegible, damaged, inaccurate, stolen, delayed, misdirected, failed or undelivered entries, Direct Messages, e-mails, or other transmissions; or for lost, interrupted, failed, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, telephone or cable transmissions, lines or other connections; or hardware or software malfunctions on computers or other electronic devices, or other technical failures or difficulties; or for transactions processed late or incorrectly due to computer or electronic malfunction; lost prizes due to issues with mail service provider for the mailing of all secondary prizes; for the failure, interruption or delay of any entry or e-mail or Direct Message or Declaration and Release or mail or courier delivery or other communication to be received, delivered or sent in connection with the Contest, for the security or privacy of information transmitted via computer/electronic device networks; or for any breaches of privacy due to interference by third party computer “hackers”, or other errors, difficulties, interventions, malfunctions, incompatibility, misconnection or miscommunication of any kind, whether human, virus, bug, mechanical, electronic, computer, network, typographical, printing or otherwise, relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, or in any Contest-related materials.

(d) Sponsor reserves the right, without prior notice and at any time, to terminate the Contest, in whole or in part, or cancel, modify, amend, suspend or reinstate the Contest in any way, with no obligation or liability, subject to applicable law, if it determines, in its sole discretion.

8. GOVERNING LAW:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the entrant or Sponsor in connection with the Contest shall be governed by and construed in accordance with the internal laws of the Province of Prince Edward Island, and the federal laws of Canada/United States applicable therein without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws. Sponsor and Contest Administrator hereby attorn to the jurisdiction of the courts of the Province of Prince Edward Island, sitting in the City of Charlottetown, PEI Canada, in respect of the determination of any matter or dispute arising under or in respect of the Contest or these Official Rules and agree that any such determination shall be brought solely and exclusively before such courts in the Province of Prince Edward Island, Canada.