Vendor Policy

We believe ads should help vendors grow their businesses and contribute to the overall vendor experience. Memorable Creations Inc. (MCI) offers vendors a membership for MCI Marketing team to promote their listings. This Advertising & Marketing Policy explains your rights and responsibilities when using MCI’s advertising services.

This policy is a part of our Terms of Use. By using any of MCI’s advertising services, you’re agreeing to this policy and our Terms of Use.

Paid Advertising

Vendors currently can purchase two types of membership through MCI’s Platform: MCI Membership and VIP Membership.

MCI Membership displays a vendor’s items prominently on MCI’s websites. MCI has great features to help you market your business better. To learn more about MCI Membership please contact us at support@memorablecreationsinc.ca or visit our Membership Plan.

VIP Membership has all the features of the MCI Membership to display a vendor’s products and services. With this membership, you’ll be hiring our experts to advertise for you to gain a competitive edge. A one-on-one consultation with MCI Marketing Expert, you’ll be able to provide your target audience and MCI will do the marketing for your products and services. To learn more about MCI Membership please contact us at support@memorablecreationsinc.ca or visit our Membership Plan.

Shop-Specific Promotions

Vendors on MCI may choose to offer promotions specifically for their own store. MCI currently offers two promotional tools: Sales and Coupons.

A Sale is a promotion that offers free shipping or discounts your listing price by a percentage. You can run a sale on a single listing or on multiple listings. Sales are public and will be displayed to all buyers. On occasion, MCI may aggregate Sales and promote them through our websites, apps, and emails.

A Coupon is a code that may be redeemed for a discount on an item or free shipping. Coupons are not displayed publicly; as a vendor, you may create and distribute Coupons at your discretion. Please note, however, that a Coupon code can be used by any buyer who redeems the code and that a buyer can use a Coupon code on multiple listings and on multiple occasions.

Vendors are responsible for following MCI’s policies and all applicable laws associated with Sales and Coupons. For Sales, it’s your responsibility to set the terms and conditions for the promotion in the ‘Coupon’ section. For Coupons, it’s your responsibility to communicate any terms or limitations for the promotion to buyers when sharing the Coupon code. Sales and Coupons may not be used for fee avoidance.

Disclaimers

Using advertising and promotional services through MCI does not constitute an obligation on MCI’s part to display an ad or promote your listings. MCI can’t guarantee that a displayed ad or promotion will be clicked, and we can’t guarantee that if a user clicks that the related listing will be sold.

Ads and promotions may not include content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You are responsible for ensuring that your ads and promotions comply with all applicable laws and regulations. MCI reserves the right to reject or remove any ad or promotion for any reason, in our sole discretion, including marketing that negatively affects our relationships with our members or partners.

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.

This policy is a part of our Terms of Use. By using Memorable Creations Inc., you’re agreeing to this policy and our Terms of Use.

On Memorable Creations Inc., you can’t discriminate based upon:

  • Race
  • Colour
  • Ethnicity
  • National origin
  • Religion
  • Gender
  • Gender identity
  • Sexual orientation
  • Disability
  • 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 customer-service@memorablecreationsinc.ca, and we will investigate.  We have a timely review process for all reports.

Facebook group is a feature of Memorable Creations Inc. (MCI). MCI vendors use our private Facebook group to inspire each other, share knowledge, discuss ideas, and build relationships.

This policy is a part of our Terms of Use. By using MCI’s Facebook private group you’re agreeing to this policy and our Terms of Use.

Using the Facebook Group

The MCI’s Facebook private group is a feature where vendors can interact with one another. Members who is part of the private group must be over 18 years old. To make sure that MCI continues to be a place that’s safe and respectful, you agree to comply with the following policies in all community spaces:

  • Respect other members’ privacy. Don’t share private or personally identifying information in public areas of the site.
  • Be honest and transparent about who you are. Don’t use a fake identity.
  • Be respectful towards other members. Don’t use community spaces to publicly disparage a specific member, shop, or item.
  • Don’t use community tools or spaces to interfere with another member’s business.
  • Don’t spam. This includes unsolicited or duplicate posts or links to your shop, fundraisers, surveys, social media or other promotional content.
  • Don’t use community spaces to discuss coordinating pricing with other sellers.
  • Don’t use community spaces to harass other members. Similarly, don’t post content in community spaces that may promote, support, or glorify hatred.
  • Don’t publish or post threats of violence against others or promote or encourage others to engage in violence or illegal activity.
  • Don’t engage in illegal activity or activity that infringes someone’s intellectual property, or encourage others to engage in that type of activity.
  • Don’t use community spaces to encourage others to violate MCI’s policies.
  • MCI reserves the right to take action against any account or content that violates this policy. For example, we may remove your content, temporarily or permanently suspend your community posting privileges, or close your MCI account.

Continue reading below some additional policies that apply to you while using specific community spaces.

Forums

Forums are a public space where you can gather with other vendors to discuss your local business.

By using MCI’s Forums, you acknowledge that:

  • Your posts will stay on topic. Off topic posts may be removed.
  • Your posts in the Forums are permanent (unless they are removed by MCI for violation of our policies).
  • Your posts should be helpful, constructive, and encouraging when voicing dissent or criticism. Don’t harass, target, insult, troll, or call out other members.
  • Moderators may take certain actions to keep the Forums welcoming, organized, and helpful for everyone. Such actions are not up for public discussion.
  • MCI reserves the right to remove any inappropriate content in the Forums at any time.

As a venue for entrepreneurs, designers, and makers, Memorable Creations Inc. (MCI) takes intellectual property rights very seriously. We comply with intellectual property laws and industry best practices in order to maintain the integrity of our creative marketplace. This Intellectual Property Policy explains how we address allegations of infringement, how authorized parties can submit proper notices of infringement regarding content on our marketplace, and how MCI vendors can respond when their listings or shops are affected by a notice

Reporting

If you would like to submit a notification of alleged infringement, counter a notice of copyright infringement submitted against you, or withdraw a notification of infringement that you submitted. Please contact us via email at legal@memorablecreationsinc.ca

Policy

MCI adopted this intellectual property policy in accordance with industry best practices and Canadian intellectual property law.

Notices of Intellectual Property Infringement

MCI strives to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When MCI removes or disables access in response to a notice, MCI makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about counter notification. MCI may also provide a copy of the notice to the allegedly infringing party.

Counter Notification

If MCI receives a DMCA counter-notification, the removed material may be replaced or access to it may be restored 10 business days after receipt of the counter-notice unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs MCI of this action. MCI sends a copy of the counter-notice to the original complaining party.

Repeat Infringement

MCI terminates account privileges of members that are subject to repeat notices of intellectual property infringement in appropriate circumstances and at MCI’s discretion.

Vendors may be charged for using some of Memorable Creations Inc. (MCI)’s services. This Fees & Payments Policy explains your fees and taxes and how to pay them.

This policy is a part of our Terms of Use. By opening an MCI store, you’re agreeing to this policy and our Terms of Use.

Transaction Fees

When you make a sale through memorablecreations.ca or memorablecreationsinc.ca, you will be charged a transaction fee of 10% of the price you display for each listing plus the amount you charge for shipping (if applicable). The transaction fee will apply to the listing price (which should include any applicable taxes), shipping price. Transaction fees are deducted from your current balance as each sale occurs, and are reflected in your payment account.

Advertising and Promotional Fees

MCI offers multiple services to help you advertise your listings and promote your store. Advertising and promotional fees vary by opportunity and will be clearly outlined before you commit to purchasing our premium membership or hiring an MCI Expert to market for you. Advertising and promotional fees will be reflected in your payment account.

Shipping Fees

Vendors set their own postage and packaging to ship physical products to the buyer’s shipping address. MCI does not handle any of vendors’ products and therefore, vendors have full responsibilities to ship the physical products to buyers in a timely manner.

Fee Avoidance

Any action by a vendor to avoid paying a fee is considered fee avoidance and is strictly prohibited by MCI. This includes, for example, encouraging buyers to purchase an item in your MCI store through another venue. A transaction initiated on MCI may not be completed off of MCI. The price stated in each listing description must be an accurate representation of the sale. Vendors may not alter the item’s price after a sale for the purpose of avoiding MCI transaction fees, misrepresent the item’s location, or use another user’s account without permission.

Paying your MCI Fees

MCI will automatically deduct all fees owed from your payment account. Provided you have sufficient funds in your payment account no further payment action is required. If your payment account does not contain sufficient funds you are responsible for paying any fees owed in full within 15 days of the date of your monthly statement, or the account will be considered past due. If you make a sale while you have an outstanding balance the net sale amount will be applied to your outstanding balance. You may pay your outstanding balance manually by credit card, debit card, or PayPal.

Your statement is available in your payment account at the beginning of each month and will detail all sales and fees activity from the preceding month.

Taxes

Vendors are responsible for collecting and paying any taxes associated with using and making sales through MCI’s services.

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.

This policy is a part of our Terms of Use. By using MCI Payment, you’re agreeing to this policy and our Terms of Use.

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.

The MCI Payments Policy is also a part of our Terms of Use. By using any of our Services, you’re agreeing to the Terms of Use.

Overview

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.

Third-Party Services

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

MCI Payments functionality may be made available, modified, or discontinued by us at any time without notice and is subject to the limitations in MCI’s Terms of Use.

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.

MCI reserves the right to decline transactions that we believe to be high risk, fraudulent, or in violation of MCI’s Terms of Use.

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 maintains records associated with transactions on MCI Payments and does not pass any secure data, including credit card numbers or bank account information to any vendors. Vendors will only receive shipping information and limited buyer account information necessary to complete the order. MCI’s Privacy Policy further explains how MCI handles user information.

MCI will send you any relevant notices regarding your use of MCI Payments in accordance with our Electronic Communications Policy.

Vendor Rights and Responsibilities

  • Use of MCI Payments. For you to sign up for MCI Payments and receive payment for transactions made through MCI Payments, you must provide valid account information for a bank account in Canada. Without this information, MCI can’t pay you! You can find instructions about how to upload your bank account information here. If you live in a country in which MCI Payments is available and you do not provide MCI with this information, MCI may refuse you access to the Services until you do so.
  • Payment Accounts. A payment account allows vendors to track payment amounts, refunds, and fees related to transactions and vendor services. Vendors must provide accurate personal information as requested during registration, and are responsible for maintaining and updating that information as necessary. Vendors will not impersonate any person or use a name he or she is not legally authorized to use. Vendors authorize us, and authorized agents, to verify their information (including any updated information) by accessing public records and obtaining credit reports about the vendors in order to approve a payment account. Vendors also authorize MCI to verify the vendors’ information from time to time while the vendors are using MCI Payments. MCI verifies vendors’ information in order to safeguard the integrity of the marketplace and reduce the risk of fraud, money laundering, terrorist financing, and the violation of trade sanctions.

Payment accounts are only available to individuals who are eligible to be vendors on MCI’s services and who have a valid credit or debit card on file with MCI unless they are exempt from this requirement.

  • Disputes. Vendors agree to resolve any disputes directly with a buyer or with the assistance of the dispute management and refund tools available on MCI and in accordance with our Vendor Policy and Terms of Use. In the event that a dispute is escalated to MCI’s Support Team, MCI reserves the right to issue a refund to a buyer if a transaction is found to be in violation of MCI’s Vendor Policy and Terms of Use.

In the event that a buyer submits a chargeback, MCI will respond to the credit card networks on behalf of the vendor involved in the transaction; the vendor agrees to provide any requested information to us within five calendar days of the request. MCI reserves the right to recoup funds associated with buyer chargebacks.

  • Communications. We will inform vendors of each transaction or of other information pertaining to MCI Payments, using our standard communication procedures (detailed in our Electronic Communications Policy), including by email or through MCI’s Communication tool.
  • Refunds. Refunds or adjustments paid by MCI to buyers for payments made through MCI Payments may be initiated using the refund functionality in the vendor’s payment account. Any such funds paid by MCI to cover refunds will be deducted from the vendor’s payment account balance. If there are insufficient funds to cover the amount of the refund, the balance will be charged to the vendor’s credit card or added to the vendor’s MCI bill.

Fully refunded transactions may be eligible for cancellation in accordance with the Vendor Policy and this Help article.

Appointment of MCI as Limited Collection Agent for Vendors

Each vendor appoints MCI as its agent for the limited purpose of receiving, holding and settling payments to the vendor. MCI will settle payments that are actually received by MCI to each vendor, less any amounts owed to MCI and subject to these Terms. Each vendor agrees that a buyer payment received by MCI, on behalf of the vendor, satisfies the buyer’s obligations to make payment to the vendor, regardless of whether MCI actually settles such payment to the vendor. If MCI does not settle any such payments as described in these Terms to a vendor, such vendor will have recourse only against MCI and not the buyer.

Deposits

  • Payment Account. All funds resulting from a completed transaction will be reflected as a balance in a vendor’s payment account. Transactions are considered complete once the payment is approved by MCI or our fraud analysis service provider. Any refunds, adjustments, or other amounts paid to buyers in connection with purchases, or for funds received since the last payment day, are also applied to the vendor’s payment account balance.

Recoupment

  • We reserve the right, in our sole discretion, to seek reimbursement from a vendor in any of the following circumstances: (a) we provide a refund to a buyer because a vendor did not promptly deliver the goods/services or we otherwise determine, consistent with Section 5 (Vendor Rights and Responsibilities), that a refund is warranted in a particular circumstance, (b) we discover erroneous or duplicate transactions related to a vendor, (c) we receive a chargeback from a buyer’s credit card issuer or reversal of payment for the amount of a buyer’s purchase from a vendor, or (d) a vendor does not act in accordance with MCI’s Terms of Use or any policy thereunder.
  • We may obtain reimbursement of any amounts owed by a vendor to MCI by deducting from future payments owed to the vendor, reversing any credits to the vendor’s payment account balance, charging the vendor’s credit card on file, charging the vendor’s bill, or seeking reimbursement from the vendor by any other lawful means, including by using third-party collections services. You authorize us to use any or all of the foregoing methods to seek reimbursement.

Payment Processing Fees

  • Overview. MCI charges a fee (the ‘Payment Processing Fee’) for processing each transaction through MCI Payments. The fee amount will be assessed on the gross order amount, including shipping and tax (if applicable). Payment Processing Fees will be reflected in your payment account and will be deducted from the total amount of the payment at the time the payment is considered complete. We reserve the right to modify the Payment Processing Fee at any time. In the event of any partial or full refunds credited back to a buyer, the Payment Processing Fee and other applicable fees will be recalculated based on the adjusted sale price. The difference between the original Payment Processing Fee and the adjusted Payment Processing Fee will be applied to the refund amount being credited back to the vendor. Other applicable fees will be refunded to the vendor’s payment account.
  • Fee Amount. Payment Processing Fees vary based on the location of a vendor’s bank account.

Termination

Vendors may terminate this contract and their acceptance of MCI Payments at any time by adjusting the Settings in their account with MCI. MCI may also terminate or suspend a vendor’s use of MCI Payments at any time.

Upon termination, any non-disputed Available Funds will be deposited into a vendor’s bank account. MCI reserves the right, upon termination of access to MCI Payments, to set off against any payments to be made to the vendor, an amount determined by us to be adequate to cover any anticipated chargebacks, refunds, adjustments or other amounts that might be paid to buyers in connection with purchases from the vendor’s payment account for a prospective 180-day period. At the end of the 180-day period following termination, we will disburse to the vendor any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to buyers, or seek reimbursement from the vendor via any of the means authorized in this Policy for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to buyers, as applicable.

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.

Accepting the Privacy Policy

We need to process your personal information to run our business and provide you with the Services. By accepting our Terms of Use, you are confirming that you have read and understood this policy, including how and why we use your information. If you don’t want us to collect or process your personal information in the ways described in this policy, you shouldn’t use the Services. We are not responsible for the content or the privacy policies or practices of any of our members, websites hosted through Canada Web Hosting Inc. by MCI, third-party websites, or third-party apps.

MCI’s Terms of Use require all account owners to be at least 18 years of age. Minors under 18 years of age and at least 13 years of age are permitted to use MCI’s Services only if they have the appropriate permission and direct supervision by the owner of the account. Children under age 13 are not permitted to use MCI or the Services. You are responsible for any and all account activity conducted by a minor on your account.

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).

We use non-technically necessary cookies and similar technologies. MCI may send you messages about the Services or your activity. Some of these messages are required, service-related messages for members (such as transactional messages or legal notices). Other messages are not required, such as newsletters. You can control which optional messages you choose to receive by changing your account settings. We partner with third parties to manage our advertising on other sites. Our third-party partners may use cookies or similar technologies in order to provide you with advertising based upon your browsing activities and interests. If you have chosen to connect your account to an external third-party application, such as Facebook, or an app developed using the API, you can change your settings and remove permission for the app by changing your account settings. If you no longer wish to use the Services or receive service-related messages (except for legally required notices), then you may close your account. Many changes that you make to your account settings are updated immediately, but some may take a few days to take effect, particularly those that impact email or marketing preferences. Some major requests, such as changes to billing information or account data deletion, may require verification of identity before they can be processed.

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:

  • Necessary to perform the contractual obligations in our Terms of Use and in order to provide the Services to you;
  • 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.

Buying and Selling: As part of the buying and selling process, MCI will facilitate the sharing of information between the two members involved in the transaction, such as the other MCI member’s shipping address and payment status. By making a sale or a purchase on MCI, you are directing us to share your information in this way. Since this is an important part of the Services we provide, we need to do this in order to perform our obligations under our Terms of Use. We expect you to respect the privacy of the member whose information you have received. As described in MCI’s Terms of Use, you have a limited license to use that information only for MCI-related communications or for MCI-facilitated transactions. MCI has not granted a license to you to use the information for unauthorized transactions or sending unsolicited commercial messages in violation of any applicable laws, including any consent requirements of the jurisdiction of the recipient. You may only add a member to your email or physical mailing list or otherwise use or store a member’s personal information in accordance with applicable laws, including any consent requirements that apply in that member’s jurisdiction.

Legal and Safety: MCI may also retain, preserve, or release your personal information to a third party in the following limited circumstances: in response to lawful requests by public authorities, including to meet legitimate national security or law enforcement requirements; to protect, establish, or exercise our legal rights or defend against legal claims, including to collect a debt; to comply with a subpoena, court order, legal process, or other legal requirement; or when we believe in good faith that such disclosure is reasonably necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to our property, or violations of MCI’s Terms of Use. In these cases, our use of your information may be necessary for the purposes of our or a third party’s legitimate interest in keeping our Services secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage. Such use may also be necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims. It may also be necessary in the public interest (such as to prevent crime) or to protect vital interests (in rare cases where we may need to share information to prevent loss of life or personal injury).

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

Affiliated Businesses: MCI is affiliated with a variety of businesses and works closely with them for a variety of purposes, including assisting us to perform and improve the Services. These businesses may sell items or services to you through the Services or, with your consent, offer promotions (including email promotions) to you. MCI may also provide services or sell products and services jointly with affiliated businesses, including providing information to such partners to allow them to more effectively market to you. When an affiliated business assists in facilitating your transaction, we may need to share information related to the transaction with that affiliated business in order to facilitate your transaction, and this forms part of the Services we provide in accordance with our Terms of Use. We rely on consent (which can be withdrawn at any time) to send marketing messages and for third-party sharing relating to advertising.

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.

Business Reorganization: In some cases, MCI may choose to buy or sell assets. Such transactions may be necessary and in our legitimate interests, particularly our interest in making decisions that enable our business to develop over the long term. In these types of transactions (such as a sale, merger, liquidation, receivership, or transfer of all or substantially all of MCI’s assets), member information is typically one of the business assets that is transferred. If MCI intends to transfer information about you, MCI will notify you by email or by putting a prominent notice on the Site, and you will be afforded an opportunity to opt out before information about you becomes subject to a different privacy policy.

Third Parties: Third-party plug-ins also may collect information about your use of the Site. Certain cookies and other similar technologies on the Site are used by third parties for targeted online marketing and other purposes. These technologies allow a partner to recognize your computer or mobile device each time you use the Services. Please be aware that when you use third-party sites or services, their own terms and privacy policies will govern your use of those sites or services. MCI chooses and manages these third-party technologies placed on its Sites. However, these are third-party technologies, and they are subject to that third party’s privacy policy. We can speak only for ourselves; this policy does not apply to the practices of third parties (such as other members who sell using the Services or API users) that MCI does not own or control or individuals that MCI does not employ or manage. If you provide your information to such third parties in connection with your use of the Services, different practices may apply to the use or disclosure of the information that you provide to them. While MCI requires these third parties to follow MCI’s privacy and security requirements, MCI does not control the privacy or security policies of such third parties. To the full extent applicable in your jurisdiction, MCI is not responsible for the privacy or security practices of these vendors, API users, or other websites on the internet, even those linked to or from the Services. We encourage you to read the privacy policies and ask questions of third parties before you disclose your personal information to them.

Security

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 contact@memorablecreations.ca.

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.

Retention

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.

Your Rights

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.

Your Responsibilities

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.

You are responsible for protecting user personal information you receive or process and complying with all relevant legal requirements when you use the Services. This includes applicable data protection and privacy laws that govern the ways in which you can use a user’s information. Such laws may require that you post, and comply with, your own privacy policy, which must be accessible to MCI users you interact with and compatible with this policy and MCI’s Terms of Use.

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.

Withdrawing Consent

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.

Privacy Policy Changes

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.

Contact

If you have any questions:

Contact MCI’s Support team via our Help Center

Send an email to MCI’s Data Protection Officer at dpo@memorablecreationsinc.ca

Write to us at one of the following address:

MCI Support Team – Privacy Policy

115, 1925 18 Ave NE

Calgary, Alberta, Canada

Memorable Creations Inc. (MCI)’s Vendor Protection can offer a little extra peace of mind to eligible vendors. When you qualify, MCI will work with you to resolve cases, investigate chargebacks, and help you deal with any other issues that come up with your MCI store. This Vendor Protection Policy explains the steps you must take to be eligible for Vendor Protection and the types of items and transactions that may be covered.

Vendor Eligibility Requirements

Eligible Vendors are automatically enrolled in Vendor Protection — there is no application process. Here’s what you need to do to make sure your store is covered:

  • Keep your store in good standing (that means you’re not violating any of MCI’s policies).
  • Enroll in MCI’s payment platform, MCI Payments.
  • Fill out all of your Store Policies (it’s especially important to have policies for returns, exchanges, and custom orders). Your Store Policies have to comply with MCI’s policies, as well as your local laws.
  • Use accurate photographs and descriptions when you list items.
  • Include reasonable and accurate processing times or ship-by dates.
  • Cooperate with investigations conducted by MCI. Promptly provide any information requested by MCI, and cancel and refund any transactions deemed invalid or unauthorized by MCI.

Order Eligibility Requirements

Follow these steps to make sure your orders are covered by MCI’s Vendor Protection:

  • Ship your order according to the processing time or ship-by date you listed or as agreed upon through MCI listing.
  • Ship the order to the address provided on MCI. If your buyer provides an alternate shipping address through Live Chat, be mindful of fraud or scams. You may choose to cancel and refund the order and ask the buyer to purchase the item again with the corrected shipping address.
  • Provide valid proof of shipping. Valid proof can include a shipping or tracking number that shows the order route and delivery progress.
  • Use MCI Payments to receive payment for the order.

Items and Transactions Not Eligible

While most items and transactions qualify for Vendor Protection, there are a few exceptions:

  • Items sold in person outside MCI platform.
  • Transactions processed outside of MCI Payments, for example, through standalone PayPal or a personal check.
  • Any order or transaction that is fulfilled by the Vendor despite notice from MCI that the order or transaction in question is invalid, fraudulent, or under investigation.

Vendor Protection Benefits

If your store and the order in question satisfy the eligibility requirements, MCI will try to help you resolve Non-Delivery cases, Not as Described cases, and chargebacks. We may have to request additional information from you. For Non-Delivery or Not as Described cases, we’ll need you to respond to our inquiries within 7 calendar days or the time frame noted by MCI in the case. If a chargeback is filed against you, we’ll need you to respond to any inquiries within 3 calendar days or the time frame indicated by MCI. If you don’t give us the necessary information in time, we may not be able to help resolve the dispute. Please keep in mind that we can’t guarantee a resolution in your favour.

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