Memorable Creations Inc. connects consumers around Canada with local vendors for their special events. It’s a platform where people of all backgrounds connect with each other and build relationships through selling, and buying products and services. We want everyone on Memorable Creations Inc. to feel safe, and our priority is fostering an inclusive ecosystem. This policy explains the kind of behaviour we prohibit on Memorable Creations Inc. to make sure we all have a positive experience.
On Memorable Creations Inc., you can’t discriminate based upon:
- National origin
- Gender identity
- Sexual orientation
- Any other characteristic protected under applicable law
It is your responsibility to know your local laws and any other legal regulations on discrimination that might apply to you.
Whether you’re listing items through our marketplace on Memorable Creations Inc., discrimination is not allowed. Examples of prohibited behaviour include, but are not limited to:
- Refusal of service based on membership or the aforementioned details
- Derogatory or demeaning remarks against anyone in the platform
- Racial slurs
- Posts that support or glorify hate groups and their members
If you think discrimination has occurred on Memorable Creations Inc., please report it by emailing email@example.com, and we will investigate. We have a timely review process for all reports.
Memorable Creations Inc. (MCI) Payments allows buyers and vendors to use various forms of payments on Memorable Creations Inc platform. MCI Payments users can pay with and accept payment by credit card, debit card, some bank transfer services, and PayPal. This policy explains all of your rights and obligations when using MCI Payments.
Accepting These Terms
This document (the MCI Payments Policy or the “Policy”, for short) sets out your rights and responsibilities when you use MCI Payments on MCI’s services (we’ll refer to memorablecreations.ca and memorablecreationsinc.ca”), so please read it carefully. By using MCI Payments, you’re agreeing to the Policy.
The Policy is a legally binding contract between you and Memorable Creations Inc.
MCI Payments allows vendors to (a) accept payment by authorized credit and debit card transactions, some bank transfer services, and PayPal, transactions, (b) have those funds credited to a vendor’s payment account with MCI, and (c) have those funds deposited into a vendor’s designated bank account.
MCI Payments is only available to vendors who are at least 18 years old who register and are approved for a payment account with MCI. MCI Payments is currently available to vendors in only Canada. Vendors may only use MCI Payments for the sale of items listed on MCI’s Services, and agree to ship sold items and/or deliver services once a payment transaction is complete and reflected in their payment account. MCI reserves the right to terminate a vendor’s access to MCI Payments if the vendor uses MCI Payments in any other manner.
Buyers may authorize a payment with any major credit or debit card accepted by MCI, by certain bank transfer services, or through PayPal.
MCI has engaged third-party service providers to perform many of the services related to payment processing, including card processing, currency exchange, identity verification, fraud analysis and regulatory compliance.
If there are insufficient funds in your bank account when our provider processes the payment for your purchase, MCI reserves the right to contact you directly and to seek payment.
MCI may share your personal or transactional information with third-party service providers when it’s necessary to process payments.
MCI’s Rights and Responsibilities
As a security measure, we may impose transaction limits on buyers and vendors. For example, we may impose limits relating to the value of any transaction, deposit, or adjustment, or limits relating to the cumulative value of all transactions, deposits, or adjustments during a period of time. We may also impose limits related to the number of transactions per day or other period of time. We will not be liable to a vendor: (a) if we do not proceed with a transaction, deposit, or adjustment that would exceed any limit established by us, or (b) if we permit a buyer to withdraw from a transaction.
MCI may refuse service of MCI Payments to anyone, for any reason, at any time.
In the event that a buyer does not make payment for the purchase of a legitimate item sold using MCI Payments (e.g., where the buyer used a stolen or unauthorized credit card), MCI may provide limited payment protection to the vendor, in the interest of fairness. You can learn more about our Vendor Protection Program here.
MCI will send you any relevant notices regarding your use of MCI Payments in accordance with our Electronic Communications Policy.
At Memorable Creations Inc. (MCI), we care deeply about privacy. We believe in transparency, and we’re committed to being upfront about our privacy practices, including how we treat your personal information. We know you care about your privacy too, so we provide settings that allow you to choose how certain information is used by MCI. This policy explains our privacy practices for Memorablecreations.ca or Memorablecreationsinc.ca (which we’ll refer to as the “Site”), MCI Payments, and our other services provided by MCI. This policy does not apply to the practices of third parties (including other members who sell using the Services or API users) who may also collect or receive data in connection with your use of the Services.
By using the Services, you acknowledge that MCI will use your information in Canada where MCI operates.
Information Collected or Received
In the course of providing our Services, we collect or receive your personal information in a few different ways. Often, you choose what information to provide, but sometimes we require certain information for you to use and for us to provide you the Services.
Registration, Account Setup, Service Usage: In order to use the Services, you need to provide us with a valid email address, and for Services that require registration, a name associated with your account that you can choose to represent your identity on MCI. You may review, change, or remove that name through your account settings. You need to provide this information to enable us to provide you with the Services. Depending on which services you choose to use, additional information, such as a shop name, billing and payment information (including billing contact name, address, telephone number, credit card information), a telephone number, and/or a physical postal address, may be necessary in order for us to provide a particular service. You are not required to provide us with this information to sign up, but we will need it to provide certain services. For example, we need a physical postal address if you are buying something on the Site for delivery. As an MCI vendor, if you choose to use our payment service (“MCI Payments”), MCI may require information such as your full name, social security number, identification ID or tax ID, date of birth, bank account information, credit card information, and/or other proof of identification in order to verify your identity, provide this service to you, and comply with applicable law. We may need to store credit card information (or arrange for it to be stored) and use it for both billing and payment purposes. Depending on your local jurisdiction, you can also choose to allow us to save your credit card information to facilitate the checkout process for future purchases. MCI may contact individual shop owners confidentially to request more information about their shops or items listed through the Services or to ensure compliance with our rules and applicable law. In order to use certain products or services on MCI, you may be required to complete an application; information that you submit through the application processes will not be displayed publicly and will only be used internally by MCI unless otherwise specified.
Profile: You may provide your name and other personal/business information in connection with your account and activity. You can edit or remove this information through your account settings.
The name associated with your account, which you may review and change in your account settings, is publicly displayed and connected to your MCI activity. Other people may see the date you joined; ratings, reviews and related photos for items you purchased or sold; your profile information; items you listed for sale; your shop pages and policies.
Automated Information: MCI automatically receives and records information from your browser or your mobile device when you visit the Site or use certain other Services, such as your IP address or unique device identifier, cookies, and data about which pages you visit in order to allow us to operate and provide the Services. This information is stored in log files and is collected automatically. We may combine this information from your browser or your mobile device with other information that we or our partners collect about you, including across devices. This information is used to prevent fraud and to keep the Services secure, to analyze and understand how the Services work for members and visitors, and to provide advertising, including across your devices, and more personalized experience for members and visitors.
We may also automatically collect device-specific information when you install, access, or use our Services. This information may include information such as the hardware model, operating system information, app version, app usage and debugging information, browser information, IP address, and device identifiers. Location Information: We may collect information about your use of the Services for advertising, for analytics, to serve content and to protect the Services. This may include your IP address, browser information and (including referrers). You may choose to publish your location when you sell on MCI. We may obtain location information you provide in your profile or your IP address.
Analytics Information: We use data analytics to ensure site functionality and improve the Services. We do not link the information we store within the analytics software to any personally identifiable information that you submit within the mobile application.
Information from Third Parties: Some members or visitors may choose to connect to MCI or register an MCI account using an external third-party application, such as Facebook. MCI may receive information from those connected third-party applications. Connecting your MCI account to third-party applications or services is optional. If you choose to connect your account to a third-party application, MCI may receive information from that application. We may also collect public information in order to connect with you. We may use that information as part of providing the Services to you.
Non-Member Information: MCI may receive or obtain information (for example, an email address or IP address) about a person who is not yet a registered MCI member (a “non-member”) in connection with certain MCI features, such as when a non-member chooses to subscribe to an MCI newsletter, a member invites a non-member to visit the Site, a member uploads non-member information using the contact uploader feature, a non-member engages in a transaction, a member sends a gift card code to a non-member, or a non-member uses the Guest Checkout feature when making a purchase through one of the Services. Non-member information is used only for the purposes disclosed when it was submitted to MCI or to facilitate action authorized by the non-member.
Choice & Control
We know that members of our community value having control over their own information, so MCI gives you the choice of providing, editing or removing certain information, as well as choices about how we contact you. You may change or correct your MCI account information through your account settings. You may also remove certain optional information that you no longer wish to be publicly visible through the Services, such as your name. You can also request the deletion of the personal information in your account.
Depending on your location, you may also have certain additional rights with respect to your information, such as: (i) data access and portability (including the right to obtain a copy of your personal data you provided to MCI, via your settings); (ii) data correction (including the ability to update your personal data, in many cases via settings); (iii) data deletion (including the right to have MCI delete your personal information, except information we are required to retain, by contacting us); and (iv) withdrawal of consent or objection to processing (including, in limited circumstances, the right to ask MCI to stop processing your personal data, with some exceptions, by contacting us).
Messages from MCI
On occasion, MCI may need to contact you. Primarily, these messages are delivered by email for a variety of reasons, including marketing, transactions, and service update purposes. You can opt out of receiving marketing communications via email in your account settings or by following the unsubscribe link in any marketing email you receive. To ensure you properly receive notifications, we will need to collect certain information about your devices, such as operating system and user identification information. Every account is required to keep a valid email address on file to receive messages. MCI may also contact you by telephone to provide member support or for transaction-related purposes if you request that we call you. Additionally, and with your consent, MCI may send you an SMS (or similar) message in order to provide you with customer support or to provide you with information about products and features that you may find of interest. You may update your contact preferences in your account settings.
Some messages from MCI are service-related and necessary for members and visitor users. You agree that MCI can send you non-marketing emails or messages, such as those related to transactions, your account, security, or product changes. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of an order, service availability, modification of key features or functions and correspondence with MCI’s Support team.
When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number such as for a guest purchase, you receive notice of and agree (in some jurisdictions and situations, by an additional unambiguous consent) to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails through the opt-out link included in marketing emails or messages. Members may also control which marketing emails or messages they receive from MCI through their account settings. Please note that some changes to your account settings may take a few days to take effect.
Facebook Group & Forums
MCI is a marketplace and a community. We offer several features that allow members to connect and communicate in private/public groups. You don’t have to use these features, but if you do, please use common sense and good judgment when posting in these groups or sharing your personal information with others through the Services. Be aware that any personal information that you choose to submit there can be read, collected, or used by others, or could be used to send unsolicited messages to you. We may engage certain third parties to assist in providing community services to you and, in the context of that relationship, we need to share some of your information with such third parties in order to provide that service. MCI generally does not remove content from MCI groups, and your posts may remain public after your account is closed, although your name will no longer be displayed alongside the post. You are responsible for the personal information that you choose to post in groups through the Services.
Information Uses, Sharing, & Disclosure
When you access or use the Services, we collect, use, share, and otherwise process your personal information as described in this policy. We rely on a number of legal bases to use your information in these ways. These legal bases include where:
- You have consented to the processing, which you can revoke at any time;
- Necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims;
- Necessary for the purposes of our or a third party’s legitimate interests, such as those of visitors, members, or partners;
- You have expressly made the information public;
- Necessary in the public interest; and
- Occasionally necessary to protect your vital interests or those of others.
- Note that we principally rely on consent (i) to send marketing messages, (ii) for third-party data sharing related to advertising, and, to the extent applicable, (iii) for the use of location data for advertising purposes.
We rely on consent for targeted online and offline marketing including through tools like Facebook Custom Audience and Google Customer Match. We or our vendors may advertise our Services or our vendors’ products through a variety of different mediums and rely on your consent to do so off-site. As part of this, we may work with advertising partners such as Facebook, Google, and other partners.
Where we process your information on the basis of legitimate interests, we do so as follows:
Providing and Improving our Services: We may use your information to improve and customize our Services, including sharing of your information for such purposes, and we do so as it is necessary to pursue our legitimate interests of improving our Services for our users. This is also necessary to enable us to pursue our legitimate interests in understanding how our Services are being used and to explore and unlock ways to develop and grow our business. It is also necessary to allow us to pursue our legitimate interests in improving our Services, efficiency, interest in Services for users, and obtaining insights into usage patterns of our Services.
Keeping our Services Safe and Secure: We may also use your information for safety and security purposes, including sharing of your information for such purposes, and we do so because it is necessary to pursue our legitimate interests in ensuring the security of our Services. This includes enhancing the protection of our marketplace against spam, harassment, intellectual property infringement, crime, and security risks of all kind.
We respect your privacy. MCI will not disclose your name, email address or other personal information to third parties without your consent, except as specified in this policy.
We use your information to provide and improve the Services and our products, for billing and payments, for identification and authentication, and for general research and aggregate reporting. We or our vendors may advertise our Services or our vendors’ products and services through a variety of different mediums and rely on your consent to do so off-site. As part of this, we may work with advertising partners such as Facebook or Google and we may use analytics aggregated from usage information including, for example, search keywords, favourites, browsing history and purchase history. In addition to consent as noted above, we also rely on our legitimate interest to send you marketing messages and for MCI’s advertising programs.
If MCI receives a lawful, verified request for a member’s records or information in one of the limited circumstances described in the previous paragraph, MCI may disclose personal information, which may include, but may not be limited to, a member’s name, address, phone number, email address, and company name
Aggregated Information: MCI may share demographic information with business partners, but it will be aggregated and de-personalized so that personal information is not revealed.
Service Providers: MCI also needs to engage third-party companies and individuals (such as payment processors, research companies, and analytics and security providers) to help us operate, provide, and market the Services. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf, and are obligated to MCI not to disclose or use your information for other purposes. Our engagement of service providers is often necessary for us to provide the Services to you, particularly where such companies play important roles like processing payments and shipments and helping us keep our Service operating and secure. In some other cases, these service providers aren’t strictly necessary for us to provide the Services, but help us make it better, like by helping us conduct research into how we could better serve our users. In these latter cases, we have a legitimate interest in working with service providers to make our Services better.
The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and after it is received. Your account information is protected by a password. It is important that you protect against unauthorized access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using the Services. If you have any questions about the security of your personal information, you can contact us at firstname.lastname@example.org.
MCI encrypts certain information (such as credit card numbers) using secure socket layer technology (SSL). MCI follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and after it is received. Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we can’t guarantee its absolute security. MCI offers advanced security features and settings for members, such as two-factor authentication for signing in, full-site SSL, and sign in history and notifications.
MCI will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your MCI member account), as described in this policy, or as needed to provide the Services to you. If you no longer want MCI to use your information to provide the Services to you, you may close your account. MCI will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. In addition, MCI vendors may also be required to retain and use your information in order to comply with their own legal obligations. Please note that closing your account may not free up your email address, username, or shop name (if any) for reuse on a new account. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.
You may benefit from a number of rights in relation to your information that we process. Some rights apply only in certain limited cases, depending on your location. If you would like to manage, change, limit, or delete your personal information, you can do so via your MCI account settings or by contacting us. Upon request, MCI will provide you with information about whether we hold any of your personal information. By visiting your account settings, you can access, correct, change, and delete certain personal information associated with your account. In certain cases where we process your information, you may also have a right to restrict or limit the ways in which we use your personal information. In certain circumstances, you also have the right to request the deletion of your personal information, and to obtain a copy of your personal information in an easily accessible format. If you need further assistance, you can contact MCI through one of the channels. We will respond to your request within a reasonable timeframe.
If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your personal data for direct marketing purposes. Please note that some changes to your account settings may take a few days to take effect.
If you sell using our Services or use MCI’s API, you may receive and determine what to do with certain personal information, such as when communicating with users and entering into transactions with buyers. This means you process personal information (for example, buyer name, email address, and shipping address) and, to the extent you do you are an independent controller of data relating to other users that you may have obtained through the Services.
As a data controller, to the extent that you process user personal information outside of the Services, you may be required under applicable data protection and privacy laws to honour requests received from such users for data access, portability, correction, deletion and objections to processing. Also, if you disclose personal information without the buyer’s proper consent, you are responsible for that unauthorized disclosure. This includes, for example, disclosures you make or unintentional data breaches. For example, you may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for MCI-related communications or for MCI-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorized transactions. Without the buyer’s consent, and subject to other applicable MCI policies and laws, you may not add any MCI member to your email or physical mailing list, use that buyer’s identity for marketing, or obtain or retain any payment information. Please bear in mind that you’re responsible for knowing the standard of consent required in any given instance.
If MCI and you are found to be joint data controllers of personal information, and if MCI is sued, fined, or otherwise incurs expenses because of something that you did in your capacity as a joint data controller of buyer personal information, you agree to indemnify MCI for the expenses it occurs in connection with your processing of buyer personal information.
You can choose to withdraw your consent to our processing of your information and your use of the Services at any time by permanently closing and deleting your account through your account settings. If your account does not have any open issues such as unpaid bills, unfulfilled orders, unresolved cases, or policy violations, you will receive an email with instructions to confirm your deletion request. This process may take up to approximately two weeks after which your account will be deleted to the extent permitted. Depending on which of our Services you’ve used (such as whether you’ve made purchases or sales on MCI), we may be required to retain certain information for legal, regulatory, tax, security, or compliance reasons for a limited period of time, after which it will be deleted. This deletion is permanent, and your account can’t be reinstated.
We may amend or update this policy from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (i) posting the changes on or through the Services, (ii) sending you an email or message about the changes, or (iii) posting an update in the version notes on the Apps’ platform. We encourage you to check back regularly and review any updates.
If you have any questions:
Contact MCI’s Support team via our Help Center
Send an email to MCI’s Data Protection Officer at email@example.com
Write to us at one of the following address:
115, 1925 18 Ave NE
Calgary, Alberta, Canada