Confidentiality Agreement

Date of Last Revision: January 9th, 2012

1. REFERENCE 5 Inc.

REFERENCE 5 Inc. operates reference5.com as a referencing website. reference5.com allows its members and users quick and easy access to different discussion groups, user profiles, news blogs and events.

All questions or comments concerning this Confidentiality Agreement (“Agreement”) must be addressed by email to REFERENCE 5 Inc. at: info@reference5.com

This Agreement shall be governed by and construed in accordance with the provincial laws of the Province of Quebec and the federal laws of Canada. Any legal procedure against REFERENCE 5 Inc. in regards to this Agreement must appear before the court proceedings of the district of Montreal, Quebec, Canada.

A- For the purpose of this Contract, terms and expressions used in this document are defined as :

Site: Domain names, including but not limited to reference5.com, as well as any sub domains or sub pages and folders operated by REFERENCE 5 Inc.

Services: Activities pertaining to the use of the reference5.com site as well as any other page, group, site, media sharing which represent REFERENCE 5 Inc.

Content: Any information, document, media file, link, published and available on the site as well as on any other group, page, site, media sharing, representing REFERENCE 5 Inc. The content includes both, but is not limited to, member content and reference5.com content.

Member content: Any information, document, media file, link published and made available by a member on the site as well as on any other group, page, site, media sharing representing REFERENCE 5 Inc.

REFERENCE 5 Inc. content: Any information, document, media file, link published and made available by REFERENCE 5 Inc. on the site as well as on any other group, page, site, media sharing representing REFERENCE 5 Inc.

Visitor: Any person browsing and/or using the site and/or the services.

Inactive visitor: Any person having browsed and/or used the site and/or the services.

Member: Any person possessing an active personal account or any representative of an active business type account.

Inactive member: refers to any person having possessed an active personal account or having represented an active business type account whose access has expired, been cancelled or deactivated thus rendering the account inactive.

User: Any visitor surfing the site that has not created a member account or is not logged in to his member account. This user is also referred to as an ‘’anonymous user”. Access is limited to site viewing only. However, the user is bound by this Agreement as is any member.

Member account: Results from site membership by a visitor giving him access to personal or business profiles. This account allows the member both viewing and publishing access to the site and the use of its services.

“Business” member account: Account type available to companies, businesses, organizations, associations, government bodies, etc.

“Business PLUS” member account: Account type offering additional premiums to companies, businesses, organizations, associations, government bodies, etc.

“Personal” member account: Account type available only to individuals. It is not permitted to use this type of account to represent companies, businesses, organizations, associations, government bodies and/or any other entity that may qualify for the business type account.

Profile: Member content page associated with a member account and partially modifiable by the member.

B- Acceptance of the terms of this Confidentiality Agreement

The visitor of the site and/or services is presumed to have accepted the terms of this Agreement.

In the event of refusal of this Agreement, the visitor must leave the site and stop using the services.

C- Description

This Agreement describes how REFERENCE 5 Inc. uses and discloses the personal information (name, email, address and any other information) you published as well as any data that may, in some cases, lead directly to further personal information that members have voluntarily given to REFERENCE 5 Inc. upon registration.

D- Web hosting of REFERENCE 5 Inc.

Web hosting services of REFERENCE 5 Inc. are both based in Canada (provided by Hospapa.ca) and in the United States of America (provided by GoDaddy.com, Inc.).

In using the services of REFERENCE 5 Inc., you accept that your personal information be transferred, processed and stocked in Canada and or the United States of America.

E- Modification Right

This Agreement can be modified or amended at any time by REFERENCE 5 Inc. in order to keep up with industrial initiatives or law modifications without prior notification to its members, users, visitors, etc.

F- Terms of Use and Other Governing Documents

The use of REFERENCE 5 Inc. is also governed by our general terms of use. Our general terms of use (Terms of Use) are made available at http://www.reference5.com/terms-of-use.

The visitor has the responsibility of learning about and complying with the terms of use.

G- Severability

If any section of this Agreement or any portion thereof is determined to be unenforceable or invalid by the decision of any court by competent jurisdiction, which determination is not appealed or appealable, for any reason whatsoever, such unenforceability or invalidity shall not invalidate the whole Agreement, but the Agreement shall be construed as if it did not contain the particular provision held to be invalid, and the rights and obligations of the parties shall be construed and enforced accordingly.

2. Data collection and submission of personal or non-personal information

A- General

You must provide a user name, last name, first name, email, postal code, and gender upon member registration. You must also provide your date of birth as both a safety precaution and as a means of preserving the integrity of the site and/or services. Your date of birth will remain hidden from visitors but you will be able to post your age. It is forbidden to register without this compulsory information.

Any other information published on reference5.com by members is voluntary. REFERENCE 5 Inc. is allowed to use this information in regards to raffles, varied activities, surveys and for commercial use. Publication of any confidential information on the site or through any other of its services is strictly forbidden.

B- Personal information

The member agrees not to publish any details of a confidential nature.

REFERENCE 5 Inc. does not require the member to disclose such confidential information except his date of birth, which is mandatory. All other content published on the site and / or services by the member is voluntary.

REFERENCE 5 Inc. reserves the right to use this personal information for print, various activities, surveys, and / or commercial purposes. It is prohibited to publish any confidential information on the site reference5.com and / or through any other service REFERENCE 5 Inc.

“Business PLUS” members account payment’s as well as all online store transactions will be made through Paypal, Inc. REFERENCE 5 Inc. will have no access to your bank and / or financial data.

C- Non-personal information

REFERENCE 5 Inc. collects a variety of non-personal data including, but not limited to, IP addresses, consolidated data and browser types. This data is used for the following purposes: statistics, service improvements and security. It can also be stored long term by REFERENCE 5 Inc. even once you are no longer using the site.

D- Content accessibility and visibility.

Information published on the site in the forums and profiles, but not limited to these, are available to all visitors. The non published information will be accessed by REFERENCE 5 Inc. only.

E- Cookies

REFERENCE 5 Inc. uses cookies in order to recognize your web browser, to store your user preferences and to determine whether or not proper exploitation software are present or lacking in order to have full access to all services. Date provided by cookie may be used to authenticate the user session or provide certain services.

We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.

The DoubleClick DART cookie is used by Google in the ads served on our websites displaying AdSense for content ads. When users visit an AdSense publisher's website and either view or click on an ad, a cookie may be dropped on that end user's browser. The data gathered from these cookies will be used to help AdSense publishers better serve and manage the ads on their site(s) and across the web.

3. Personal information collection practices

REFERENCE 5 Inc. must inform its visitors of personal information collection practices.

REFERENCE 5 Inc. must inform its visitors of its options concerning its use of their personal information.

REFERENCE 5 Inc. must inform the visitor that certain personal information made public by the visitor may be shared with other companies and/or business type members affiliated with REFERENCE 5 Inc.

REFERENCE 5 Inc. must inform the visitor of the following:

i- Who is collecting their personal information ;
ii- How this personal information is collected;
iii- Why this personal information is collected.

4. Your options concerning the use of you personal information by REFERENCE 5 Inc.

REFERENCE 5 Inc. will notify you before using your personal information for any purpose other than for which it was collected and/or before sharing it with any third party not affiliated with REFERENCE 5 Inc. You will, then, have 10 days following receipt of this notification to contest this information sharing.

If your account is cancelled, expired or deactivated, REFERENCE 5 Inc. and/or an affiliate may retain access to your personal information. It is your responsibility to contact REFERENCE 5 Inc. if you want your personal information deleted from our database.

5. Use of your personal information by REFERENCE 5 Inc.

The use of personal information, which the member will provide in accordance and in a manner consistent with this Agreement, will be governed by this Agreement.

If REFERENCE 5 Inc. obtains personal information from third parties, for example, a corporate affiliate, our use of this information will also be governed by this Agreement.

REFERENCE 5 Inc. may use a visitor’s email whenever the visitor agrees to receive information, advertisements, articles, etc. from REFERENCE 5 Inc. and/or one of its affiliates.

REFERENCE 5 Inc. may consult, disclose, and/or use personal information and/or non personal information without your consent and without offering you the possibility to contest when:

i- Protecting and/or defending our rights to our intellectual property
ii- Protecting and/or defending the intellectual rights of our shareholders, directors, employees, affiliates and/or other agents and staff;
iii- Ensuring the security of one of our visitors or a member of the general public;
iv- Protecting and/or defending REFERENCE 5 Inc. against fraud;
v- REFERENCE 5 Inc. considers this necessary for risk management purposes;
vi- Complying with legislation and/or a legal ruling.

In the event that REFERENCE 5 Inc. sells or transfers all or part of its company and/or its assets, REFERENCE 5 Inc. may transmit a visitor’s personal information within this transaction.

In the event that REFERENCE 5 Inc. is involved in a merger or transfer of all or part of its company, REFERENCE 5 Inc. may transmit a visitor’s personal information within this transaction.

6. Protections of personal information not guaranteed

At its own discretion, REFERENCE 5 Inc. takes certain administrative, technical, personal and physical measures, which it considers reasonable from a commercial point of view, to protect the personal information in its possession against loss, theft, and any other use, disclosure, modification and/or activity of a fraudulent or unauthorized nature.

However, REFERENCE 5 Inc. does not guarantee the protection of personal information in its possession and will not be liable, under any circumstances, for any loss, theft, and any other use, disclosure, modification and/or activity of a fraudulent or unauthorized nature.

7. How to contact us

A- Regarding the confidentiality of the personal information

REFERENCE 5 Inc. can be contacted either by:

Email: info@reference5.com

Address:

REFERENCE 5 Inc.
7555, Stuart Avenue, Room 2
Montreal, Quebec
Canada H3N 2R5

Telephone and Fax:

East Coast: (514)448-4073
West Coast: (604)678-5785